Part 12: Disregards and pardons for certain historical offences Section 194: Disregards and Pardons
Section 194 amended sections 92 to 101 of the Protection of Freedoms Act 2012 ("the 2012 Act") to extend the scope of the disregard schemes.
	Subsection (3) amends section 92(1) of the 2012 Act to clarify that the Scheme applies only to sexual activity between individuals of the same sex.
	Subsection (4)(a) specifies that any other party to the sexual activity must have been aged 16 years or over.
	Subsection (4)(b) brings into the scope of the Scheme any offences that have been repealed in statute or abolished by enactment in common law.
	As set out at subsection (4)(b), a conviction or caution is not eligible for a disregard where the activity would amount to an offence at the time the decision is made on the application, or where any other party to the same-sex sexual activity was not aged 16 years or over.
	Subsection (5) sets out the definition of ‘sexual activity’. This new definition is broader than that covered by the specified offences in the current Scheme and is intended to reflect the broader range of behaviour covered by the extended scope of the Scheme. Subsection (5) makes clear that the Scheme now covers conduct intended to lead to sexual activity as well as sexual activity itself.
	Subsections (6) to (9) make amendments to the decision-making and appeal processes to apply them to the expanded Scheme.
	Subsection (10) updates the definitions in section 101 of the 2012 Act to reflect the expanded Scheme, including definitions relating to service offences, and subsection (11) makes clear that the new provisions do not affect disregards which have been granted prior to the new provisions coming into force.