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The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

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This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more

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The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is up to date with all changes known to be in force on or before 22 April 2026. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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Changes and effects yet to be applied to :

  • Sch. 3 para. 17 inserted by S.I. 2002/441 art. 6(2) (This amendment comes into force on the day that 1997 c. 50, s. 133(d) comes into force for E.W. That provision has not yet been brought into force)
  • art. 3(bb) inserted by S.I. 2002/441 art. 3(3) (This amendment comes into force on the day that 1997 c. 50, s. 133(d) comes into force for E.W. That provision has not yet been brought into force)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. 3 para. 17 inserted by S.I. 2002/441 art. 6(2) (This amendment comes into force on the day that 1997 c. 50, s. 133(d) comes into force for E.W. That provision has not yet been brought into force)
  • art. 3(bb) inserted by S.I. 2002/441 art. 3(3) (This amendment comes into force on the day that 1997 c. 50, s. 133(d) comes into force for E.W. That provision has not yet been brought into force)

  1. Introductory Text

  2. 1.This Order may be cited as the Rehabilitation of Offenders...

  3. 2.(1) In this Order, except where the context otherwise requires—...

  4. 2A.(1) For the purposes of this Order, a caution is...

  5. 3.(1) Subject to paragraph (2), neither section 4(2) of, nor...

  6. 3ZA.Neither section 4(2) of, nor paragraph 3(3) of Schedule 2...

  7. 3A.(1) Subject to paragraph (1A), neither section 4(2) of, nor...

  8. 4.(1) Subject to paragraph (2), neither paragraph (b) of section...

  9. 4ZA.Neither paragraph (b) of section 4(3) of, nor paragraph 3(5)...

  10. 4A.(1) Section 4(2) of the Act shall not apply to...

  11. 5.(1) Neither section 4(1) of, nor paragraph 3(1) of Schedule...

  12. 6.(1) Neither section 4(2) of, nor paragraph 3(3) of Schedule...

  13. Signature

    1. SCHEDULE 1

      Excepted professions, offices, employments, work and occupations

      1. PART I Professions

        1. 1.Health care professional.

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

        3. 3.Chartered accountant, certified accountant.

        4. 4.Dentist, registered dental care professional.

        5. 5.Veterinary surgeon.

        6. 6.Nurse, midwife.

        7. 7.Optometrist , dispensing optician.

        8. 8.Registered pharmacist.

        9. 8A.Registered pharmacy technician.

        10. 9.Registered teacher (in Scotland).

        11. 10.Any profession to which the Health Professions Order 2001 applies...

        12. 11.Registered osteopath.

        13. 12.Registered chiropractor.

        14. 13.Chartered psychologist.

        15. 14.Actuary.

        16. 15.Registered foreign lawyer.

        17. 16.Chartered legal executive or other CILEx authorised person.

        18. 17.Receiver appointed by the Court of Protection.

        19. 18.Home inspector.

        20. 19.Chartered management accountant.

        21. 20.Notary public of England and Wales.

      2. PART II Offices, employments and work

        1. 1.Judicial appointments.

        2. 2.The Director of Public Prosecutions and any office or employment...

        3. 3.Procurators Fiscal and District Court Prosecutors, and any employment in...

        4. 4.Designated officers for magistrates' courts, for justices of the peace...

        5. 5.Clerks (including depute and assistant clerks) and officers of the...

        6. 6.Constables and persons appointed as police cadets to undergo training...

        7. 6A.Persons employed for the purposes of, or to assist the...

        8. 7.Any employment which is concerned with the administration of, or...

        9. 8.Traffic wardens appointed under section 81 of the Road Traffic...

        10. 9.Officers of providers of probation services as defined in section...

        11. 10.. . . . . . . . . ....

        12. 11.. . . . . . . . . ....

        13. 12.Any office or employment which is concerned with:

        14. 12A.Any work which is regulated activity relating to vulnerable adults...

        15. 13.Any employment or other work which is concerned with the...

        16. 13A.Any employment or other work in England or Wales concerned...

        17. 14.Any work which is— (a) work in a regulated position;...

        18. 14A.Any work which is regulated activity relating to children within...

        19. 14AA.Any work done infrequently which, if done frequently, would be...

        20. 14B.Any employment or other work that is carried out at...

        21. 14C.Any employment or other work which is carried out for...

        22. 14D.Any employment or office which is concerned with the management...

        23. 14E.The Director General, or any member or member of staff,...

        24. 14F.The Service Police Complaints Commissioner, or any member of the...

        25. 15.Any employment in the Royal Society for the Prevention of...

        26. 16.Any office or employment in the Serious Fraud Office.

        27. 17.Any office or employment in the Serious Organised Crime Agency...

        28. 18.The Commissioners for Her Majesty’s Revenue and Customs and any...

        29. 18A.The Director and any office or employment in the Revenue...

        30. 19.Any employment which is concerned with the monitoring, for the...

        31. 20.Any employment or other work which is normally carried out...

        32. 21.Any employment or other work which is normally carried out...

        33. 22.An individual designated under section 2 of the Traffic Management...

        34. 23.Judges’ clerks, secretaries and legal secretaries within the meaning of...

        35. 24.Court officers and court contractors, who in the course of...

        36. 25.Persons who in the course of their work have regular...

        37. 26.Court officers and court contractors, who, in the course of...

        38. 27.Court security officers, and tribunal security officers.

        39. 28.Court contractors, who, in the course of their work, have...

        40. 29.Contractors, sub-contractors, and any person acting under the authority of...

        41. 30.The following persons— (a) Court officers who execute county court...

        42. 31.The Official Solicitor and his deputy.

        43. 32.Persons appointed to the office of Public Trustee or deputy...

        44. 33.Court officers and court contractors who exercise functions in connection...

        45. 34.People working in the Department for Education , the Office...

        46. 35.Any office, employment or other work which is concerned with...

        47. 36.Any office, employment or other work which is of such...

        48. 37.Any work which is normally concerned with the provision of...

        49. 38.The chairman, other members, and members of staff (including any...

        50. 39.Staff working within the Public Guardianship Office, (to be known...

        51. 40.The Commissioner for Older People in Wales, and his deputy,...

        52. 41.The Commissioners for the Gambling Commission and any office or...

        53. 42.Individuals seeking authorisation from the Secretary of State for the...

        54. 43.Any employment or other work where the normal duties

        55. 44.Any office or employment or other work in the Criminal...

        56. 45.Fire and rescue authority employees.

        57. 46.Justice system intermediaries who are commissioned on behalf of His...

        58. 47.Any employment which is concerned with the delivery of electronic...

        59. 48.Registered health care professionals employed or engaged by—

      3. PART III Regulated occupations

        1. 1.Firearms dealer.

        2. 2.Any occupation in respect of which an application to the...

        3. 3.. . . . . . . . . ....

        4. 4.. . . . . . . . . ....

        5. 5.. . . . . . . . . ....

        6. 6.Any occupation which is concerned with— (a) the management of...

        7. 7.Any occupation which is concerned with carrying on an establishment...

        8. 8.Any occupation in respect of which the holder, as occupier...

        9. 9.. . . . . . . . . ....

        10. 10.Approved legal services body manager.

        11. 11.A regulated immigration adviser.

        12. 12.A head of finance and administration of a licensed body....

        13. 13.A head of legal practice of a licensed body.

        14. 14.CILEx approved manager.

      4. PART IV Interpretation

    2. SCHEDULE 2

      EXCEPTED LICENCES, CERTIFICATES AND PERMITS

      1. 1.Firearm certificates and shot gun certificates issued under the Firearms...

      2. 2.Licences issued under section 25 of the Children and Young...

      3. 3.Explosives certificates issued by a chief officer of police pursuant...

      4. 4.Taxi driver licences.

      5. 5.Licences granted under section 8 of the Private Security Industry...

      6. 6.Licences granted under section 4A of the Poisons Act 1972...

      7. 7.Licences granted under regulations made under section 2 of the...

    3. SCHEDULE 3

      EXCEPTED PROCEEDINGS

      1. 1.Proceedings in respect of a person's admission to, or disciplinary...

      2. 2.Proceedings before the Court of Appeal or the High Court...

      3. 3.Disciplinary proceedings against a constable.

      4. 4.Proceedings before the Gaming Board for Great Britain.

      5. 5.Proceedings under the Mental Health Act 1983 before any tribunal....

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

      7. 7.Proceedings in respect of the grant, renewal or variation of...

      8. 8.. . . . . . . . . ....

      9. 9.Proceedings in respect of a direction given under section 142...

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

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

      12. 11A.Proceedings in respect of an application for, or suspension or...

      13. 12.Proceedings in respect of an application for, or cancellation of,...

      14. 13.Proceedings in respect of— (a) an application to the chief...

      15. 14.Proceedings by way of appeal against, or review of, any...

      16. 15.Proceedings held for the receipt of evidence affecting the determination...

      17. 16.Proceedings relating to a taxi driver licence.

      18. 17A.Proceedings relating to registration under Part II of the Care...

      19. 17B.Proceedings relating to registration under Part 1 of the Regulation...

      20. 18.Proceedings relating to registration under Part 4 of the Regulation...

      21. 19.Proceedings under section 11 of the Private Security Industry Act...

      22. 19A.Proceedings relating to the grant, amendment, variation, suspension or revocation...

      23. 20.Proceedings before the Parole Board.

      24. 21.Proceedings under section 7D of the Criminal Injuries Compensation Act...

      25. 22.The following proceedings under the Proceeds of Crime Act 2002–...

      26. 23.Proceedings brought before the Football Association , Football League or...

      27. 24.Proceedings before an inquiry caused to be held under section...

      28. 25.Proceedings to determine whether regulation 6(1) (convictions) of the Victims'...

  15. Explanatory Note

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