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.

2.[^F1—(1) In this Order, except where the context otherwise requires—

[^F2 “the 2000 Act” means the Financial Services and Markets Act 2000 ; ^F2]

“ the Act ” means the Rehabilitation of Offenders Act 1974 ;

[^F2 “administration of justice offence” means—

or any offence committed under the law of any part of the United Kingdom (other than England or Wales) or of any other country where the conduct which constitutes the offence would, if it all took place in England or Wales, constitute one or more of the offences specified by paragraph (a) to (c);^F2]

[^F3 “adoption agency” has the meaning given to it by section 1 of the Adoption Act 1976 ; ^F3]

[^F2 “associate”, in relation to a person (“A”), means someone who is a controller, director or manager of A or, where A is a partnership, any partner of A; ^F2]

^F4...

[^F5 “child minding” means—

[^F2 “collective investment scheme” has the meaning given by section 235 of the 2000 Act; ^F2]

[^F2 “the competent authority for listing” means the competent authority for the purposes of Part VI of the 2000 Act (listing); ^F2]

[^F2 “controller” has the meaning given by section 422 of the 2000 Act; ^F2]

[^F2 “Council of Lloyd's” means the council constituted by section 3 of Lloyd’s Act 1982 ; ^F2]

[^F5 “day care” means—

[^F5 “day care premises” means any premises on which day care is provided, but does not include any part of the premises where children are not looked after; ^F5]

[^F2 “director” has the meaning given by section 417 of the 2000 Act; ^F2]

[^F2 “key worker”, in relation to any body (“A”), means any individual who is likely, in the course of the duties of his office or employment -

[^F2 “manager” has the meaning given by section 423 of the 2000 Act; ^F2]

[^F2 “open-ended investment company” has the meaning given by section 236 of the 2000 Act ^F2]

[^F2 “Part IV permission” has the meaning given by section 40(4) of the 2000 Act; ^F2]

[^F2 “relevant collective investment scheme” means a collective investment scheme which is recognised under section 264 (schemes constituted in other EEA States) , 270 (schemes authorised in designated countries or territories) or 272 (individually recognised overseas schemes) of the 2000 Act; ^F2]

“ relevant offence ” means

[^F2 “trustee”, in relation to a unit trust scheme, has the meaning given by section 237 of the 2000 Act; ^F2]

[^F2 “UK recognised clearing house” means a clearing house in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas clearing houses) , is in force; ^F2]

[^F2 “UK recognised investment exchange” means an investment exchange in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas investment exchanges) , is in force; ^F2]

[^F9 “work” includes—

[^F9 “work with children” means work of the kind described in paragraph 14 of Schedule 1 to this Order; ^F9]

^F4...

(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 unless the said provisions are excluded only in relation to spent convictions for relevant offences.^F1]

(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.

2.[^F43—(1) In this Order, except where the context otherwise requires—

“ the Act ” means the Rehabilitation of Offenders Act 1974 ;

“ the Building Societies Commission ” means the Building Societies Commission established by section 1 of the Building Societies Act 1986 ;

“ relevant offence ” means

the expressions “ authorisation ”, “ building society ” and “ officer ” have the meanings respectively given to them by section 119(1) of the Building Societies Act 1986 .

(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 unless the said provisions are excluded only in relation to spent convictions for relevant offences.^F43]

(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.

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

[^F10 (ii) of the person to whom the question relates for any office or employment specified in Part II of the said Schedule 1 or for any other work specified in paragraph 13 of Part II of the said Schedule 1; or^F10]

(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;

[^F11 (aa) any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to work with children, where—

(i) the question relates to the person whose suitability is being assessed;

(ii) the person whose suitability is being assessed lives on the premises where his work with children would normally take place and the question relates to a person living in the same household as him;

(iii) the person whose suitability is being assessed lives on the premises where his work with children would normally take place and the question relates to a person who regularly works on those premises at a time when the work with children usually takes place; or

(iv) the work for which the person’s suitability is being assessed is child minding which would normally take place on premises other than premises where that person lives and the question relates to a person who lives on those other premises or to a person who regularly works on them at a time when the child minding takes place,

and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;^F11]

^F12 (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)^F14 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, [^F13or^F13] the Civil Aviation Authority ..., [^F15the Financial Services Authority^F15] 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.

[^F16 (e) any question asked by or on behalf of any person in the course of his duties as a person employed by an adoption agency for the purpose of assessing the suitability of any person to adopt children in general or a child in particular where—

(i) the question relates to the person whose suitability is being assessed; or

(ii) the question relates to a person over the age of 18 living in the same household as the person whose suitability is being assessed,

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

(f) any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to provide day care where—

(i) the question relates to the person whose suitability is being assessed; or

(ii) the question relates to a person who lives on the premises which are or are proposed to be day care premises,

and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed.^F16]

[^F17 (g) any question asked by, or on behalf of, the person listed in the second column of any entry in the table below to the extent that it relates to a conviction for a relevant offence (or any circumstances ancillary to such a conviction) of any individual, but only if -

(i) the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for relevant offences are to be disclosed; and

(ii) the question is asked in order to assess the suitability of the individual to whom the question relates to have the status specified in the first column of that entry.

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;

[^F44 (aa) 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 of another person for any office or employment specified in paragraph 14 of Part Il of the said Schedule 1 or the suitability of another person to be concerned, otherwise than in the course of the duties of his office or employment, with such provision as is mentioned in that paragraph, if—

(i) the question relates to that other person and the said provision would normally enable that other person to have access to the persons referred to in that paragraph; or

(ii) the question relates to a person who lives in the same household as that other person and the said provision would normally take place in that household,

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;^F44]

[^F45 (ab) any question relating to a relevant offence which is put by or on behalf of the Building Societies Commission or a building society in order to assess the suitability of the person to whom the question relates to be a director or other officer of a building society, whether or not that individual is the person questioned and where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for any relevant offence are to be disclosed;^F45]

(b)^F47 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, [^F46or^F46] the Civil Aviation Authority ..., 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.

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;

[^F18 (b) any office, employment or occupation specified in Part II or Part III of the said Schedule 1 or any other work specified in paragraph 13 of Part II of the said Schedule 1;^F18]

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

[^F19 (d) any decision by the Financial Services Authority-

(i) to refuse an application for Part IV permission under the 2000 Act,

(ii) to vary or to cancel such permission (or to refuse to vary or cancel such permission) or to impose a requirement under section 43 of that Act or,

(iii) to make, or to refuse to vary or revoke, an order under section 56 of that Act (prohibition orders),

(iv) to refuse an application for the Authority’s approval under section 59 of that Act or to withdraw such approval,

(v) to refuse to make, or to revoke, an order declaring a unit trust scheme to be an authorised unit trust scheme under section 243 of the 2000 Act or to refuse to give its approval under section 251 of the 2000 Act to a proposal to replace the manager or trustee of such a scheme,

(vi) to give a direction under section 257 of the 2000 Act (authorised unit trust schemes), or to vary (or to refuse to vary or revoke) such a direction,

(vii) to refuse to make, or to revoke, an authorisation order under regulation 14 of the Open-Ended Investment Companies Regulations 2001 or to refuse to give its approval under regulation 21 of those Regulations to a proposal to replace a director or to appoint an additional director of an open-ended investment company,

(viii) to give a direction to an open-ended investment company under regulation 25 of those Regulations or to vary (or refuse to vary or revoke) such a direction,

(ix) to refuse to give its approval to a collective investment scheme being recognised under section 270 of the 2000 Act or to direct that such a scheme cease to be recognised by virtue of that section or to refuse to make, or to revoke, an order declaring a collective investment scheme to be a recognised scheme under section 272 of that Act,

(x) to refuse to make, or to revoke, a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act, or to give a direction to a UK recognised investment exchange or UK recognised clearing house under section 296 of the 2000 Act,

(xi) to make, or to refuse to vary or to revoke, an order under section 329 (orders in respect of members of a designated professional body in relation to the general prohibition), or

(xii) to dismiss, fail to promote or exclude a person from being a key worker of the Authority,

by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(e) any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint, an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(f) any decision of the competent authority for listing -

(i) to refuse an application for listing under Part VI of the 2000 Act or to discontinue or suspend the listing of any securities under section 77 of that Act,

(ii) to refuse to grant a person’s application for approval as a sponsor under section 88 of the 2000 Act or to cancel such approval, or

(iii) to dismiss, fail to promote or exclude a person from being a key worker of the competent authority for listing,

by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(g) any decision of anyone who is specified in any of sub-paragraphs 2 to 4 or 5 to 7 of the second column of the table in article 3(g), other than the Authority, to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in the first column of that table (but not, where applicable, the status of being an associate of another person), by reason of, or partly by reason of, a spent conviction of that individual or of his associate for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(h) any decision of anyone who is specified in sub-paragraph 8(a), 14(a) or 16(a) of the second column of the table in article 3(g) to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in sub-paragraph (b) of the first column of that table (associate), by reason of, or partly by reason of, a spent conviction of that individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(i) any decision of the Council of Lloyd’s -

(i) to refuse to admit any person as, or to exclude, an underwriting agent (within the meaning of section 2 of Lloyd’s Act 1982), where that person has, or who has applied for, Part IV permission, or

(ii) to dismiss, or to exclude a person from being, an associate of the Council of Lloyd's,

by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(j) any decision of a UK recognised investment exchange or UK recognised clearing house to refuse to admit any person as, or to exclude, a member by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.^F19]

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;

[^F48 (d) any of the following, that is to say—

(i) the refusal by the Building Societies Commission to grant authorisation;

(ii) the revocation by the said Commission of a building society’s authorisation;

(iii) the imposition by the said Commission of conditions on its authorisation;

(iv) the dismissal or exclusion by a building society of a person from aposition as an officer in a building society;

by reason, or partly by reason, of a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.^F48]

[^F20 5.—(1) Section 4(1) of the Act shall not

(a) apply in relation to any proceedings specified in Schedule 3 to this Order;

(b) apply in relation to any proceedings specified in paragraph (2) below to the extent that there falls to be determined therein any issue relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto;

(c) prevent, in any proceedings specified in paragraph (2) below, the admission or requirement of any evidence relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto.

[^F21 (2) The proceedings referred to in paragraph (1) above are any proceedings with respect to a decision or proposed decision of the kind specified in article 4(d) to (j).^F21,F20]]

[^F49 5.—(1) Section 4(1) of the Act shall not

(a) apply in relation to any proceedings specified in Schedule 3 to this Order;

(b) apply in relation to any proceedings specified in paragraph (2) below to the extent that there falls to be determined therein any issue relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto;

(c) prevent, in any proceedings specified in paragraph (2) below, the admission or requirement of any evidence relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto.

(2) The proceedings referred to in paragraph (1) above are—

(a) any proceedings before the Building Societies Commission—

(i) on an application for authorisation;

(ii) for the revocation of authorisation, or

(iii) for the imposition of conditions on authorisations, as to the conditions imposed or as to their revocation; and

(b) any proceedings by way of appeal against, or review of, any decision taken by the said Commission following any proceedings falling within sub-paragraph (a) above.^F49]

Articles 2(3), 3 and 4

SCHEDULE 1 [^F22EXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS AND OCCUPATIONS^F22] [^F22Excepted professions, offices, employments, work and occupations^F22]

PART I Professions _{cross-notes I5,I6,I7,I8,I9,I10,I11,I12,I13,I14}

1. Medical practitioner.

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

3. Chartered accountant, certified accountant.

4. Dentist, dental hygienist, dental auxiliary.

5. Veterinary surgeon.

6. Nurse, midwife.

7. Ophthalmic optician, dispensing optician.

8. Pharmaceutical chemist.

9. Registered teacher (in Scotland).

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

[^F23 11. Registered osteopath.^F23]

[^F24 12. Registered chiropractor.^F24]

PART II [^F25Offices and employments^F25] [^F25Offices, employments and work^F25] _{I15,I16,I17,I18,I19,I20,I21,I22,I23,I24,I25}

1. Judicial appointments.

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

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.

4.[^F26 Justices' clerks and their assistants.^F26]

[^F26 Justices' chief executives, justices' clerks and their assistants.^F26]

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.

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.

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.

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

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

^F2710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)^F29 persons ... 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.

13.[^F30 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.^F30]

[^F30 Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties.^F30]

[^F31 14.[^F32 Any office or employment concerned with the provision to persons aged under 18 of accommodation, care, leisure and recreational facilities, schooling, social services, supervision or training, being an office or employment of such a kind as to enable the holder to have access in the course of his normal duties to such persons, and any other office or employment the normal duties of which are carried out wholly or partly on the premises where such provision takes place.^F32]

[^F32 Any work which is—

(a) work in a regulated position; or

(b) work in a further education institution where the normal duties of that work involve regular contact with persons aged under 18.^F32,F31]]

^F3115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III Regulated occupations _{cross-notes I26,I27,I28,I29,I30,I31}

1. Firearms dealer.

2. Any occupation in respect of which an application to the Gaming Board for Great Britain for a licence, certificate or registration is required by or under any enactment.

[^F33 3. Director, controller or manager of an insurance company—

(a) in respect of which the Secretary of State's authorisation is required under section 3(1)(b) of the Insurance Companies Act 1974 for it to carry on insurance business; or

(b) to which Part II of that Act applies.^F33]

^F344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Any occupation which is concerned with—

(a) the management of a place in respect of which the approval of the Secretary of State is required by section 1 of the Abortion Act 1967; or

(b) in England and Wales, carrying on a nursing home in respect of which registration is required by section 187 of the Public Health Act 1936 or section 14 of the Mental Health Act 1959; or

(c) in Scotland, carrying on a nursing home in respect of which registration is required under section 1 of the Nursing Homes Registration (Scotland) Act 1938 or a private hospital in respect of which registration is required under section 15 of the Mental Health (Scotland) Act 1960.

7. Any occupation which is concerned with carrying on an establishment in respect of which registration is required by section 37 of the National Assistance Act 1948 or section 61 of the Social Work (Scotland) Act 1968.

8. Any occupation in respect of which the holder, as occupier of premises on which explosives are kept, is required by any Order in Council made under section 43 of the Explosives Act 1875 to obtain from the police or a court of summary jurisdiction a certificate as to his fitness to keep the explosives.

PART IV Interpretation _{cross-notes I32}

In this Schedule—

“ certified accountant ” means a member of the Association of Certified Accountants;

“ chartered accountant ” means a member of the Institute of Chartered Accountants in England and Wales or of the Institute of Chartered Accountants of Scotland;

^F36...

“ firearms dealer ” has the meaning assigned to that expression by section 57(4) of the Firearms Act 1968 ;

“ further education ” has the meaning assigned to that expression by section 41 of the Education Act 1944 or, in Scotland, section 4 of the Education (Scotland) Act 1962 ;

[^F37 “further education institution” has the meaning given to it by paragraph 3 of the Education (Restriction of Employment) Regulations 2000 ; ^F37]

“ health services ” means services provided under the National Health Service Acts 1946 to 1973 or the National Health Service (Scotland) Acts 1947 to 1973 and similar services provided otherwise than under the National Health Service;

[^F38 “ insurance company ” has the meaning assigned to that expression by section 85 of the Insurance Companies Act 1974 and, in relation to an insurance company, “ director ” shall be construed in accordance with that section and “ controller ” and “ manager ” shall be construed in accordance with section 7 of that Act ; ^F38]

“ judicial appointment ” means an appointment to any office by virtue of which the holder has power (whether alone or with others) under any enactment or rule of law to determine any question affecting the rights, privileges, obligations or liabilities of any person;

“ proprietor ” and “ independent school ” have the meanings assigned to those expressions by section 114(1) of the Education Act 1944 or, in Scotland, section 145 of the Education (Scotland) Act 1962 ;

[^F39 “registered chiropractor” has the meaning given by section 43 of the Chiropractors Act 1994 . ^F39]

[^F40 “ registered osteopath ” has the meaning given by section 41 of the Osteopaths Act 1993 . ^F40]

“ registered teacher ” means a teacher registered under the Teaching Council (Scotland) Act 1965 and includes a provisionally registered teacher;

[^F41 “regulated position” means a position which is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000 ; ^F41]

“ school ” has the meaning assigned to that expression by section 114(1) of the Education Act 1944 or, in Scotland, section 145 of the Education (Scotland) Act 1962 ;

“ social services ”, in relation to a local authority, means —

“ teacher ” includes a warden of a community centre, leader of a youth club or similar institution, youth worker and, in Scotland, youth and community worker;

^F36...

Article 3

SCHEDULE 2 EXCEPTED LICENCES, CERTIFICATES AND PERMITS _I33,I34,I35

1. Firearm certificates and shot gun certificates issued under the Firearms Act 1968, and permits issued under section 7(1), 9(2) or 13(1)(c) of that Act.

2. Licences issued under section 25 of the Children and Young Persons Act 1933 (which relates to persons under the age of 18 going abroad for the purpose of performing or being exhibited for profit).

3. Certificates issued by the police or a court of summary jurisdiction under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of a person to keep explosives for private use.

Article 5

SCHEDULE 3 EXCEPTED PROCEEDINGS _{cross-notes I36,I37,I38,I39,I40,I41,I42,I43,I44,I45,I46,I47,I48,I49}

1. Proceedings in respect of a person's admission to, or disciplinary proceedings against a member of, any profession specified in Part I of Schedule 1 to this Order.

2. Proceedings before the Court of Appeal or the High Court in the exercise of their disciplinary jurisdiction in respect of solicitors.

3. Disciplinary proceedings against a constable.

4. Proceedings before the Gaming Board for Great Britain.

5. Proceedings under the Mental Health Act 1959 before any Mental Health Review Tribunal, or under the Mental Health (Scotland) Act 1960 before the Sheriff or the Mental Welfare Commission for Scotland.

6. Proceedings under the Firearms Act 1968 in respect of—

(a) the registration of a person as a firearms dealer, the removal of a person's name from a register of firearms dealers or the imposition, variation or revocation of conditions of any such registration; or

(b) the grant, renewal, variation or revocation of a firearm certificate; or

(c) the grant, renewal or revocation of a shot gun certificate; or

(d) the grant of a permit under section 7(1), 9(2) or 13(1)(c) of that Act.

7. Proceedings in respect of the grant, renewal or variation of a licence under section 25 of the Children and Young Persons Act 1933 (which relates to persons under the age of 18 going abroad for the purpose of performing or being exhibited for profit).

[^F42 8. Proceedings—

(a) in respect of an application under section 3(1)(b) of the Insurance Companies Act 1974 for the Secretary of State's authorisation to carry on insurance business; or

(b) in respect of a notice under section 38 or 39 of that Act (which relate to notification of the proposed exercise of certain powers conferred by the Act on the Secretary of State); or

(c) under section 52 or 53 of that Act (which relate to the Secretary of State's approval of appointments in insurance companies).^F42]

9. Proceedings in respect of a determination by the Secretary of State as to the suitability of a person—

(a) for employment as a teacher in a school or establishment for further education (within the meaning of paragraph 10 of Part II of Schedule 1 to this Order), or in determining the extent to which a person may be employed as such a teacher; or

(b) to be the proprietor of an independent school (within the meaning of paragraph 11 of the said Part II),

(including proceedings before an Independent Schools Tribunal in respect of the above matters under section 72 of the Education Act 1944 or section 113 of the Education (Scotland) Act 1962).

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. Proceedings in respect of an application for, or cancellation of,—

(a) the Secretary of State's approval of a place under section 1 of the Abortion Act 1967; or

(b) in England and Wales, registration in respect of a nursing home under section 187 of the Public Health Act 1936 or section 14 of the Mental Health Act 1959; or

(c) in Scotland, registration in respect of a nursing home under section 1 of the Nursing Homes Registration (Scotland) Act 1938 or of a private hospital under section 15 of the Mental Health (Scotland) Act 1960.

12. Proceedings in respect of an application for, or cancellation of, registration under section 37 of the National Assistance Act 1948 or section 61 of the Social Work (Scotland) Act 1968 in respect of any such establishment as is mentioned in those sections.

13. Proceedings on an application to the police or a court of summary jurisdiction for a certificate under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of the applicant to keep explosives.

14. Proceedings by way of appeal against, or review of, any decision taken, by virtue of any of the provisions of this Order, on consideration of a spent conviction.

15. Proceedings held for the receipt of evidence affecting the determination of any question arising in any proceedings specified in this Schedule.

EXPLANATORY NOTE

This Order makes exceptions in the operation of the Rehabilitation of Offenders Act 1974 which comes into force on 1st July 1975. The provisions of the Act affected are section 4(1) which relates to the way in which offenders whose convictions have become spent are to be treated and evidence about them in the course of proceedings, section 4(2) which relates to questions asked about them otherwise than in the course of proceedings, and section 4(3)(b) which relates to their work. The exceptions are concerned with various types of work (Schedule 1), licences, certificates and permits (Schedule 2) and proceedings (Schedule 3). Exceptions are also made in relation to action taken for the purpose of safeguarding national security (Articles 3(b) and 4(c)).