Commentary on Provisions Disqualifications relating to sexual offences and notification requirements Section 7– Local authorities: disqualifications relating to sexual offences etc.
31.Section 7 amends section 31 of the Local Government (Scotland) Act 1973 which outlines the circumstances in which individuals are automatically disqualified for nomination, election and holding office as member of local authority. Section 31 of the 1973 Act is amended so that a person who is subject to “relevant notification requirements” or “a relevant sexual harm or risk order” is disqualified from nomination, election and holding office as member of a local authority. The definitions of “relevant notification requirements” and “relevant sexual harm or risk order” are added as new section 31(4) and (5) of the 1973 Act.
32.A “relevant notification requirement” means the notification requirements of Part 2 of the Sexual Offences Act 2003 and equivalent notification requirements in the Channel Islands and the Isle of Man. This definition covers sex offender notification requirements, which are commonly known as “registration” and often referred to colloquially as being on the “sex offenders’ register”.
33.Also added as section 31(5) of the 1973 Act, is a definition of “relevant sexual harm or risk order”. The orders listed in this provision are imposed following a conviction or equivalent of a sexual offence or a relevant offence with a sexual element, or in other circumstances where the court has found that there is a risk of sexual offending.
34.Also added as section 31(6) of the 1973 Act is a regulation making power, enabling Scottish Ministers to update references to the Channel Islands and Isle of Man legislation listed in the definitions in section 31(4) and (5). Regulations made under this power would be subject to the affirmative procedure. This is necessary because the references to UK legislation could be updated as a consequential when the UK primary legislation is changed but that would not be possible if the Channel Islands and Isle of Man legislation was changed.