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Statutory Instruments

2015 No. 317

Rehabilitation Of Offenders, England And Wales

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2015

Made

17th February 2015

Coming into force in accordance with article 1(2)

The Secretary of State makes this Order in exercise of the powers conferred by sections 4(4), 7(4) and 10(1) of, and paragraphs 4 and 6(4) of Schedule 2 to, the Rehabilitation of Offenders Act 1974( 1 ).

A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 10(2) of that Act.

Citation, commencement and extent

1. —(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2015.

(2) This Order comes into force 21 days after the day on which it is made.

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

Amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

2. —(1)The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975( 2 ) is amended as follows.

(2) In article 3(1)(a)(ii)( 3 ), after “13,” insert “13A,”.

(3) In article 4(1)(b)( 4 ), after “13,” insert “13A,”.

(4) In article 5(2)( 5 ), for “4(d) to (n)” substitute “4(1)(d) to (n)”.

(5) In Schedule 1( 6 )—

(a) in Part II—

(i) in paragraph 12A, after “the 2006 Act” insert “including that Part”,

(ii) after paragraph 13, insert—

13A. Any employment or other work in England or Wales concerned with—

(a) the investigation of fraud, corruption or other unlawful activity affecting the national health service, or

(b) security management in the national health service,

where “the national health service” means, in respect of England, the health service continued under section 1(1) of the National Health Service Act 2006 ( 7 ) and, in respect of Wales, that continued under section 1(1) of the National Health Service (Wales) Act 2006 ( 8 ) . , and

(iii) in paragraph 14A, after “the 2006 Act” insert “including that Part”; and

(b) in Part IV, in the appropriate place, insert—

security management” means activity carried out pursuant to the Secretary of State’s security management functions within the meaning given by section 195(3) of the National Health Service Act 2006 ( 9 ) and in respect of Wales, the corresponding functions of Welsh Ministers; .

Signed by authority of the Secretary of State

Andrew Selous

Parliamentary Under Secretary of State

Ministry of Justice

17th February 2015

( 1 )

1974 c. 53 . Schedule 2 was inserted by paragraph 6 of Part 1 of Schedule 10 to the Criminal Justice and Immigration Act 2008 (c. 4) .

( 3 )

Article 3 has been amended by S.I. 2001/1192 ; S.I. 2008/3259 ; S.I. 2009/1818 ; S.I. 2012/1957 ; S.I. 2012/3006 ; S.I. 2013/1198 ; and S.I. 2014/1707 . There have been other amendments that are not relevant.

( 4 )

Article 4 has been amended by S.I. 2001/1192 ; S.I. 2008/3259 ; S.I. 2009/1818 ; S.I. 2013/1198 ; and S.I. 2014/1707 . There have been other amendments that are not relevant.

( 5 )

Article 5(2) was substituted by S.I. 2001/3816 and amended by S.I. 2008/3259 . There have been other amendments that are not relevant.

( 6 )

Schedule 1 has been amended by S.I. 2001/1192 ; S.I. 2006/2143 ; S.I. 2009/1818 ; S.I. 2012/1957 ; and S.I. 2014/1707 . There have been other amendments to Part II and Part IV of Schedule 1 that are not relevant.

( 7 )

2006 c. 41 . Section 1 was substituted by section 1 of the Health and Social Care Act 2012 (c. 7) .

( 8 )

2006 c. 42 .

( 9 )

2006 c. 41 . Section 195 has been amended by section 55 of, and Part 9 of Schedule 4 to, the Health and Social Care Act 2012 (c. 7) .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2015 (2015/317)

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