Rehabilitation Of Offenders Citation, commencement and interpretation 1 1 This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2020. 2 This Order comes into force on 28 February 2020. 3 In this Order— “the 2013 Order” means the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 , “ATP” means an alternative to prosecution . Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 2 1 The 2013 Order is amended in accordance with paragraphs (2) to (6). 2 In article 3(2)(a) (exclusion of section 4(1) of the Rehabilitation of Offenders Act 1974), omit “2, ”. 3 In article 4(3) (exclusion of section 4(2)(a) and (b) of the Rehabilitation of Offenders Act 1974)— a omit “or” after sub-paragraph (b), b after sub-paragraph (b), insert— ba any question put to assess the suitability of a person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4, or . 4 For article 5(3) (exceptions from section 4(3) of the Rehabilitation of Offenders Act 1974) substitute— 3 Paragraph (2) does not apply in relation to— a an office or employment mentioned in paragraph 6 of Part 2 of schedule 4, or b an occupation listed in paragraph 1 or 4 of Part 3 of schedule 4. . 5 After article 5, insert— Exclusion of paragraphs 3 and 4(2) and (3), and exception from paragraph 5(2), of schedule 3 of the Act 5A 1 The application of paragraph 3 of schedule 3 of the Act is excluded in relation to proceedings specified in paragraph 2 of schedule 1. 2 The application of paragraph 4(2) and (3) of schedule 3 of the Act is excluded in relation to any question put to assess the suitability of a person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4. 3 There is excepted from the provisions of paragraph 5(2) of schedule 3 of the Act any office or employment mentioned in paragraph 6 of Part 2 of schedule 4. 4 Paragraphs (1), (2) and (3) do not apply in relation to an alternative to prosecution, or to any ancillary circumstances, given to a person when that person was under the age of 18. . 6 In Part 2 of schedule 4 (excepted offices and employments), for paragraph 6 substitute— 6 Constables, police custody and security officers, persons appointed as police cadets to undergo training with a view to becoming constables and naval, military and air force police. 6A Persons employed for the purposes of a police force established under any enactment and persons appointed to assist in the carrying out of police functions. . Saving provisions 3 1 Article 2(2) has no effect in relation to a person’s conviction, or any circumstances ancillary to that conviction, where— a the person was appointed as a constable before this Order comes into force, and b the date of the conviction was before this Order comes into force. 2 Article 2(3) has no effect in relation to a person’s conviction, or any circumstances ancillary to that conviction, where the suitability of that person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4 of the 2013 Order is being assessed immediately before this Order comes into force. 3 Article 2(4) has no effect in relation to a person’s conviction, or any circumstance ancillary to that conviction, where— a the person holds an office or employment mentioned in paragraph 6 of Part 2 of schedule 4 of the 2013 Order immediately before this Order comes into force, and b the date of the conviction was before this Order comes into force. 4 Article 5A(1) of the 2013 Order has no effect in relation to an ATP, or any ancillary circumstances in relation to that ATP, given to a person where— a the person was appointed as a constable before this Order comes into force, and b the ATP was given before this Order comes into force. 5 Article 5A(2) of the 2013 Order has no effect in relation to an ATP, or any ancillary circumstances in relation to that ATP, given to a person where the suitability of that person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4 of the 2013 Order is being assessed immediately before this Order comes into force. 6 Article 5A(3) of the 2013 Order has no effect in relation to an ATP, or any ancillary circumstances in relation to that ATP, given to a person where— a the person holds an office or an employment mentioned in paragraph 6 of Part 2 of schedule 4 of the 2013 Order immediately before this Order comes into force, and b the ATP was given before this Order comes into force. H YOUSAF A member of the Scottish Government St Andrew’s House, Edinburgh 19th February 2020