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Rehabilitation of Offenders 1974 (Exceptions) Order 1975

As Enacted Cited authorities 45 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1975/1023
Year1975

1975 No. 1023

REHABILITATION OF OFFENDERS

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

Made 24th June 1975

Coming into Operation 1st July 1975

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, in exercise of the powers conferred upon me by sections 4(4) and 7(4) of the Rehabilitation of Offenders Act 1974, I hereby make the following Order:—

S-1 This Order may be cited as the Rehabilitation of Offenders Act...

1. This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and shall come into operation on 1st July 1975.

S-2 In this Order “ the Act ” means the Rehabilitation of...

2.—(1) In this Order “” means

(2) Where, by virtue of this Order, the operation of any of the provisions of the Act is excluded in relation to spent convictions the exclusion shall be taken to extend to spent convictions for offences of every description.

(3) Part IV of Schedule 1 to this Order shall have effect for the interpretation of expressions used in that Schedule.

(4) In this Order a reference to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

(5) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

S-3 None of the provisions of section 4(2) of the Act shall apply...

3. None of the provisions of section 4(2) of the Act shall apply in relation to—

(a) any question asked by or on behalf of any person, in the course of the duties of his office or employment, in order to assess the suitability—

(i) of the person to whom the question relates for admission to any of the professions specified in Part I of Schedule 1 to this Order; or

(ii) of the person to whom the question relates for any office or employment specified in Part II of the said Schedule 1; or

(iii) of the person to whom the question relates or of any other person to pursue any occupation specified in Part III of the said Schedule 1 or to pursue it subject to a particular condition or restriction; or

(iv) of the person to whom the question relates or of any other person to hold a licence, certificate or permit of a kind specified in Schedule 2 to this Order or to hold it subject to a particular condition or restriction,

where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;

(b) any question asked by or on behalf of any person, in the course of his duties as a person employed in the service of the Crown, the United Kingdom Atomic Energy Authority, the Civil Aviation Authority or the Post Office Corporation, in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed for the purpose of safeguarding national security.

S-4 Paragraph (b) of section 4(3) of the Act shall not apply in...

4. Paragraph (b) of section 4(3) of the Act shall not apply in relation to—

(a) the dismissal or exclusion of any person from any profession specified in Part I of Schedule 1 to this Order;

(b) any office, employment or occupation specified in Part II or Part III of the said Schedule 1;

(c) any action taken for the purpose of safeguarding national security.

S-5 Section 4(1) of the Act shall not apply in relation to any...

5. Section 4(1) of the Act shall not apply in relation to any proceedings specified in Schedule 3 to this Order.

Roy Jenkins

One of Her Majesty's Principal Secretaries of State

Home Office

Whitehall

24th June 1975

SCHEDULE 1

Articles 2(3), 3 and 4

EXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS AND OCCUPATIONS

1 Professions

PART I

Professions

SCH-1.1

1. Medical practitioner.

SCH-1.2

2. Barrister (in England and Wales), advocate (in Scotland), solicitor.

SCH-1.3

3. Chartered accountant, certified accountant.

SCH-1.4

4. Dentist, dental hygienist, dental auxiliary.

SCH-1.5

5. Veterinary surgeon.

SCH-1.6

6. Nurse, midwife.

SCH-1.7

7. Ophthalmic optician, dispensing optician.

SCH-1.8

8. Pharmaceutical chemist.

SCH-1.9

9. Registered teacher (in Scotland).

SCH-1.10

10. Any profession to which the Professions Supplementary to Medicine Act 1960 applies and which is undertaken following registration under that Act.

2 Offices and employments

PART II

Offices and employments

SCH-1.1

1. Judicial appointments.

SCH-1.2

2. The Director of Public Prosecutions and any employment in his office.

SCH-1.3

3. Procurators Fiscal and District Court Prosecutors, and any employment in the office of a Procurator Fiscal or District Court Prosecutor or in the Crown Office.

SCH-1.4

4. Justices' clerks and their assistants.

SCH-1.5

5. Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the district court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants.

SCH-1.6

6. Constables, persons appointed as police cadets to undergo training with a view to becoming constables and persons employed for the purposes of, or to assist the constables of, a police force established under any enactment; naval, military and air force police.

SCH-1.7

7. Any employment which is concerned with the administration of, or is otherwise normally carried out wholly or partly within the precincts of, a prison, remand centre, detention centre, Borstal institution or young offenders institution, and members of boards of visitors appointed under section 6 of the Prison Act 1952 or of visiting committees appointed under section 7 of the Prisons (Scotland) Act 1952.

SCH-1.8

8. Traffic wardens appointed under section 81 of the Road Traffic Regulation Act 1967 or section 9 of the Police (Scotland) Act 1967.

SCH-1.9

9. Probation officers appointed under Schedule 3 to the Powers of Criminal Courts Act 1973.

SCH-1.10

10. Any employment as a teacher in a school or establishment for further education and any other employment which is carried out wholly or partly within the precincts of a school or establishment for further education, being employment which is of such a kind as to enable the holder to have access to persons under the age of 18 in attendance at the school or establishment for further education in the course of his normal duties.

SCH-1.11

11. Proprietors of independent schools.

SCH-1.12

12. Any employment by a local authority in connection with the provision of social services or by any other body in connection with the provision by it of similar services, being employment which is of such a kind as to enable the holder to have access to any of the following classes of person in the course of his normal duties, namely—

(a) persons under the age of 18 or over the age of 65;

(b) persons suffering from serious illness or mental disorder of any description;

(c) persons addicted to alcohol or drugs;

(d) persons who are blind, deaf or dumb;

(e) other persons who are substantially and permanently handicapped by illness, injury or congenital deformity.

SCH-1.13

13. Any employment which is concerned with the provision of health services and which is of such a kind as to enable the holder to have access to persons in receipt of such services in the course of his normal duties.

SCH-1.14

14. Any employment by a youth club, local authority or other body which is concerned with the promotion of leisure or recreational activities for persons under the age of 18, being employment which is of such a kind as to enable the holder to have access to such persons in the course of his normal duties.

SCH-1.15

15. Any employment within a cadet force concerned with naval, military or air force training for persons under the age of 18, being employment which is of such a kind as to enable the holder to have access to such persons in the course of his normal duties.

3 Regulated occupations

PART III

Regulated occupations

SCH-1.1

1. Firearms dealer.

SCH-1.2

2. Any occupation in respect of which an application to the Gaming Board for Great Britain for a licence, certificate...

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