187ZA: Before Schedule 22, insert the following new Schedule—
““Rehabilitation of Offenders: consequential provision
Part 1
Rehabilitation of Offenders: general
Rehabilitation of Offenders Act 1974: England and Wales
1 The Rehabilitation of Offenders Act 1974 is amended as follows.
2 In section 1(4)(a) (references in Act to a conviction) for ““Great Britain”” substitute ““England and Wales””.
3 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for ““Great Britain”” substitute ““England and Wales””.
4 Omit section 3 (special provision with respect to certain disposals by children’s hearings under the Social Work (Scotland) Act 1968).
5 In section 4(1)(a) (effect of rehabilitation) for ““Great Britain”” substitute ““England and Wales””.
6 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.
(2) In subsection (2)(a) for ““Great Britain”” substitute ““England and Wales””.
(3) In subsection (3) for ““Great Britain”” substitute ““England and Wales””.
7 Omit section 8(8) (defamation actions: application of section to Scotland).
8 In section 8A(2)(d) (definition of ““caution””) after ““Wales”” insert ““and which is not an alternative to prosecution (within the meaning of section 8AA)””.
9 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.
(2) In subsection (3) omit ““(or, in Scotland, the accused person)””.
(3) In subsection (8) omit ““, in England and Wales,””.
10 After section 10(1) (orders) insert—
““(1A) Any power of the Secretary of State to make an order under any provision of this Act includes power—
(a) to make different provision for different purposes, and
(b) to make incidental, consequential, supplementary, transitional, transitory or saving provision.
(1B) The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.””
11 Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).
Rehabilitation of Offenders Act 1974: Scotland
12 The Rehabilitation of Offenders Act 1974 is amended as follows.
13 In section 1(4)(a) (references in Act to a conviction) for ““Great Britain”” substitute ““Scotland””.
14 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for ““Great Britain”” substitute ““Scotland””.
15 In section 4(1)(a) (effect of rehabilitation) for ““Great Britain”” substitute ““Scotland””.
16 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.
(2) In subsection (2)(a) for ““Great Britain”” substitute ““Scotland””.
(3) In subsection (3) for ““Great Britain”” substitute ““Scotland””.
17 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.
(2) In subsection (3) for ““defendant (or, in Scotland, the accused person)”” substitute ““accused person””.
(3) Omit subsection (8).
Part 2
Rehabilitation of Offenders: consequential repeals
Amendment 187ZA agreed.
Schedule 22 : Knives and offensive weapons: minor and consequential amendments
Schedule 22 : Knives and offensive weapons: minor and consequential amendments
Amendment 187A had been withdrawn from the Marshalled List.
Amendment 187B
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord McNally
(Liberal Democrat)
in the House of Lords on Wednesday, 15 February 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
735 c902-4 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 15:36:53 +0000
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