The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

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.—(1) In this Order “ the Act” means the Rehabilitation of Offenders Act 1974.

(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.

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.

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.

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