Part 9: Miscellaneous and General Pardons for certain abolished offences etc Section 166: Power to provide for disregards and pardons for additional abolished offences: England and Wales
Section 92 of the 2012 Act specifies which offences can be considered for a disregard; the scheme is currently limited to the repealed offences of buggery, gross indecency between men and similar historical offences, including those applicable to the armed services.
	Subsection (1) enables the Secretary of State, by regulations subject to the affirmative procedure, to amend section 92 of the 2012Act so as to add further offences. Subsection (2) provides that an offence may only be added if:
	it was an offence under the law of England and Wales;
	it is no longer such an offence;
	the offence expressly regulated homosexual activity, or it appears to the Secretary of State that those responsible for investigating occurrences of the offence targeted occurrences involving, or connected with, homosexual activity.
	Subsection (3) allows regulations made under this section to vary the conditions which must appear to the Secretary of State to apply in order for a conviction or caution for the added offence to be disregarded.
	Subsections (5) and (6) provide that regulations made under this section must automatically confer a posthumous pardon on any person who was convicted of, or cautioned for, an offence which the regulations add to the disregard scheme and has died within six months of the offence being added, provided they would have met the conditions for a disregard in respect of that offence.
	A living person whose conviction or caution is disregarded under the amended scheme will automatically receive a pardon by virtue of section 165. Subsection (7) provides that any person whose conviction or caution for an offence added to section 92 of the 2012 Act is disregarded, and therefore received a pardon under section 165, does not also receive a posthumous pardon by virtue of regulations made under this section.