Citation, commencement and extent

1. —(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008 and comes into force on the day after the day on which it is made.

(2) This Order extends to England and Wales only( 2 ).

Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

2.The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975( 3 ) is amended in accordance with the following provisions of this Order.

Amendment of article 2

3. —(1) In article 2(1)—

(a) in the definition of “child minding” for paragraphs (a) and (b) substitute–

“ (a) child minding within the meaning of section 79A of the Children Act 1989 ( 4 ) ; and

(b) early years childminding within the meaning of section 96(4) of the Childcare Act 2006 ( 5 ) , or later years childminding within the meaning of section 96(8) of that Act; ”

(b) in the definition of “day care” for paragraphs (a) and (b) substitute–

“ (a) day care for which registration is required by section 79D(5) ( 6 ) of the Children Act 1989; and

(b) early years provision within the meaning of section 96(2) of the Childcare Act 2006 (other than early years childminding), or later years provision within the meaning of section 96(6) of that Act (other than later years childminding), for which registration is required, or permitted, under Part 3 of that Act; ”

(c) in the definition of “work with children” after “paragraph 14 of” insert “Part 2 of”.

(2) After paragraph (4) insert–

“ (4A) In this Order any reference to a conviction shall where relevant include a reference to a caution ( 7 ) , and any reference to spent convictions shall be construed accordingly. ”

Amendment of article 3

4. In article 3, for “None of the provisions of section 4(2) of” substitute “Neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to,”.

Amendment of article 4

5. In article 4, for “Paragraph (b) of section 4(3) of the Act shall not apply” substitute “Neither paragraph (b) of section 4(3) of, nor paragraph 3(5) of Schedule 2 to, the Act shall apply”.

Amendment of article 5

6. —(1) In article 5(1), for “Section 4(1) of the Act shall not” substitute “Neither section 4(1) of, nor paragraph 3(1) of Schedule 2 to, the Act shall”.

(2) In article 5(2) for “(j)” substitute “(n)”.

Amendment of Schedule 1

7. —(1) In Part 3 of Schedule 1, after paragraph 8 insert–

“ 10. Approved legal services body manager. ” .

(2) In Part 4 of Schedule 1 before the definition of “assistants to justices’ clerks” insert–

“ “approved legal services body manager” means a person who must be approved by the Law Society under section 9A(2)(e) of the Administration of Justice Act 1985 ( 8 ) ; ” .