Disqualification criteria for councillors - draft: consultation

This consultation on updating disqualification criteria for local authority members asks for the public’s view on whether or not the Scottish Government should prevent anyone on the sexual offenses notification register from being a councillor.

6. Duration of Sex Offender Notification Requirements

The duration of the notification requirement period is set out in section 82 of the Sexual Offences Act 2003 and is summarised in the table below.

Where the (adult) offender is: The notification period is:
Order for Lifelong Restriction Indefinite
Sentenced to imprisonment for life or to a term of 30 months or more An indefinite period
Detained in a hospital subject to a restriction order An indefinite period
Sentenced to imprisonment for more than 6 months but less than 30 months imprisonment 10 years
Sentenced to imprisonment for 6 months or less 7 years
Detained in a hospital without being subject to a restriction order 7 years
A Community Payback Order with Offender Supervision The length of the offender supervision requirement
Any other description (i.e. fine, admonition) 5 years

When someone is subject to an ‘indefinite’ notification period, this means that it can apply to them for life. When the individual is under 18 on the date of conviction, the notification periods of ten, seven and five years are halved.

Individuals who are subject to the notification requirements must notify the police of their:

  • name,
  • date of birth,
  • national insurance number,
  • home address,
  • passport number,
  • bank account and
  • credit card details.

They must do this annually, or any time their details change. They must also inform police of any intended foreign travel.


Email: LGActConsultation@gov.scot

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