The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (No. 2) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023) (“the 1975 Order”).

These amendments are made in consequence of the enactment of the Financial Services and Markets Act 2000. Article 4 amends article 3 of the 1975 Order to provide for exceptions from section 4(2) of the Rehabilitation of Offenders Act 1974 (“the Act”) (questions relating to spent convictions). The exceptions apply to questions asked by specified persons (including the Financial Services Authority) to assess the suitability of an individual to have a specified status. For example, questions asked by the Financial Services Authority to assess the suitability of an individual to have permission under Part IV of the Financial Services and Markets Act 2000 are exempt from section 4(2) of the Act. The question is only exempt to the extent that it relates to a relevant offence (defined in article 2 of the 1975 Order as amended by this Order).

Article 5 amends article 4 of the 1975 Order to provide exceptions from section 4(3)(b) of the Act (use of spent convictions as ground for dismissing a person from an office etc.). By virtue of this Order, that provision of the Act does not apply to certain decisions, including decisions made by the Financial Services Authority and the competent authority for listing under the Financial Services and Markets Act 2000, taken by reason of, or partly by reason of, an individual’s spent conviction for a relevant offence.

Article 6 amends article 5 of the 1975 Order (admission of evidence relating to spent convictions in proceedings) so as to provide an exemption for proceedings with respect to a decision (or proposed decision) of the kind exempted by article 4(d) to (j) of the 1975 Order (as amended by article 5 of this Order).

Article 7 revokes certain provisions of the 1975 Order.