The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

Articles 2(3), 3 and 4

[F1SCHEDULE 1E+W+S [F2Excepted professions, offices, employments, work and occupations]

Textual Amendments

PART IE+W+SProfessions

Modifications etc. (not altering text)

[F31.  Health care professional.]E+W+S

Textual Amendments

Commencement Information

I1Sch. 1 Pt. 1 para. 1 in force at 1.7.1975, see art. 1

2.  Barrister (in England and Wales), F4... solicitor.E+W+S

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Sch. 1 Pt. 1 para. 2 in force at 1.7.1975, see art. 1

3.  Chartered accountant, certified accountant.E+W+S

Commencement Information

I3Sch. 1 Pt. 1 para. 3 in force at 1.7.1975, see art. 1

F54.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

5.  Veterinary surgeon.E+W+S

Commencement Information

I4Sch. 1 Pt. 1 para. 5 in force at 1.7.1975, see art. 1

F66.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F77.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F88.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F98A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F109.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F1110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F1211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F1312.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F1413.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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[F1514.  Actuary.E+W

Textual Amendments

15.  Registered foreign lawyer.E+W

Textual Amendments

[F1616.  Chartered legal executive or other CILEx authorised person.]E+W

Textual Amendments

17.  Receiver appointed by the Court of Protection.]E+W

Textual Amendments

[F1718.  Home inspector.]E+W+S

Textual Amendments

[F1819.  Chartered management accountant.E+W+S

Textual Amendments

20.  Notary public of England and Wales.]E+W+S

Textual Amendments

PART IIE+W+S [F19Offices, employments and work]

Textual Amendments

1.  Judicial appointments.E+W+S

Commencement Information

I5Sch. 1 Pt. 2 para. 1 in force at 1.7.1975, see art. 1

[F202.  The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service.]E+W+S

Textual Amendments

F213.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F224.  [F23Designated officers for magistrates' courts, for justices of the peace or for local justice areas], [F24justices' legal advisers].]

Textual Amendments

F255.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F266.  Constables and persons appointed as police cadets to undergo training with a view to becoming constables and naval, military and air force police.E+W+S

Textual Amendments

Commencement Information

I6Sch. 1 Pt. 2 para. 6 in force at 1.7.1975, see art. 1

6A.  Persons employed for the purposes of, or to assist the constables of, a police force established under any enactment.]E+W+S

Textual Amendments

7.  Any employment which is concerned with the administration of, or is otherwise normally carried out wholly or partly within the precincts of, a prison, remand centre, [F27removal centre, short-term holding facility,] detention centre, Borstal institution or young offenders institution, and members of boards of visitors appointed under section 6 of the Prison Act 1952 F28....E+W+S

Textual Amendments

Commencement Information

I7Sch. 1 Pt. 2 para. 7 in force at 1.7.1975, see art. 1

8.  Traffic wardens appointed under section 81 of the Road Traffic Regulation Act 1967 F29....E+W+S

Textual Amendments

Commencement Information

I8Sch. 1 Pt. 2 para. 8 in force at 1.7.1975, see art. 1

[F309.  Officers of providers of probation services as defined in section 9 of the Offender Management Act 2007.]E+W+S

Textual Amendments

Commencement Information

I9Sch. 1 Pt. 2 para. 9 in force at 1.7.1975, see art. 1

F3110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F3211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F3312.  Any office or employment which is concerned with:E+W+S

(a)the provision of care services to vulnerable adults; or

(b)the representation of, or advocacy services for, vulnerable adults by a service that has been approved by the Secretary of State or created under any enactment;

and which is of such a kind as to enable a person, in the course of his normal duties, to have access to vulnerable adults in receipt of such services.]

Textual Amendments

[F3412A.  Any work which is regulated activity relating to vulnerable adults within the meaning of Part 2 of Schedule 4 to the 2006 Act [F35including that Part] [F36as it had effect immediately before the coming into force of section 66 of the Protection of Freedoms Act 2012].]E+W+S

Textual Amendments

[F3713.  Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties.]E+W+S

Textual Amendments

[F3813A.  Any employment or other work in England or Wales concerned with—E+W+S

(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 and, in respect of Wales, that continued under section 1(1) of the National Health Service (Wales) Act 2006.]

Textual Amendments

[F3914.  Any work which is—E+W+S

(a)work in a regulated position; or

(b)work in a further education institution [F40or 16 to 19 Academy] where the normal duties of that work involve regular contact with persons aged under 18.]

Textual Amendments

[F4114A.  Any work which is regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the 2006 Act [F42including that Part] [F43as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012].]E+W+S

Textual Amendments

[F4414AA.  Any work done infrequently which, if done frequently, would be regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the 2006 Act including that Part as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012.]E+W+S

Textual Amendments

[F4514B.  Any employment or other work that is carried out at a children’s home or residential family centre.]E+W+S

Textual Amendments

[F4514C.  Any employment or other work which is carried out for the purposes of an adoption service, an adoption support agency, a voluntary adoption agency, a fostering service or a fostering agency and which is of such a kind as to enable a person, in the course of his normal duties, to have contact with children or access to sensitive or personal information about children.]E+W+S

Textual Amendments

[F4614D.  Any employment or office which is concerned with the management of a childminder agency or any work for a childminder agency which is of such a kind as to require the person engaged in that work to enter day care premises or premises on which child minding is provided and as to enable the person, in the course of his normal duties, to have contact with children for whom child minding or day care is provided or access to sensitive or personal information about children for whom childminding or day care is provided.]E+W+S

Textual Amendments

[F4714E.  [F48The Director General, or any member or member of staff, of the Independent Office for Police Conduct] who in the course of his normal duties—

(a)has contact with vulnerable adults; or

(b)has access to sensitive or personal information about children or vulnerable adults.]

Textual Amendments

[F4914F.  The Service Police Complaints Commissioner, or any member of the Commissioner’s staff who in the course of their normal duties—E+W+S

(a)has contact with vulnerable adults; or

(b)has access to sensitive or personal information about children or vulnerable

adults.]

Textual Amendments

[F5015.  Any employment in the Royal Society for the Prevention of Cruelty to Animals where the person employed or working, as part of his duties, may carry out the [F51humane] killing of animals.E+W

Textual Amendments

16.  Any office or employment in the Serious Fraud Office.E+W

Textual Amendments

17.  Any office or employment in the [F52Serious Organised Crime Agency].E+W

Textual Amendments

[F5318.  The Commissioners for Her Majesty’s Revenue and Customs and any office or employment in their service.]E+W

Textual Amendments

F5418A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

19.  Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.]E+W

Textual Amendments

[F5520.  Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 2000.]E+W+S

Textual Amendments

[F5521.  Any employment or other work which is normally carried out in a hospital used only for the provision of high security psychiatric services.]E+W+S

Textual Amendments

[F5622.  An individual designated under section 2 of the Traffic Management Act 2004.]E+W+S

Textual Amendments

[F5623.  Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981.]E+W+S

Textual Amendments

[F5624.  Court officers and court contractors, who in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings.]E+W+S

Textual Amendments

[F5625.  Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary.]E+W+S

Textual Amendments

[F5626.  Court officers and court contractors, who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court.]E+W+S

Textual Amendments

[F5627.  Court security officers, and tribunal security officers.]E+W+S

Textual Amendments

[F5628.  Court contractors, who, in the course of their work, have unsupervised access to court-houses, offices and other accommodation used in relation to the courts.]E+W+S

Textual Amendments

[F5629.  Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals.]E+W+S

Textual Amendments

[F5630.  The following persons—E+W+S

(a)Court officers who execute county court warrants;

(b)High Court enforcement officers;

(c)sheriffs and under-sheriffs;

(d)tipstaffs;

(e)any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d);

(f)persons who execute writs of sequestration;

(g)civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980 ;

(h)persons who are authorised to execute warrants under section 125B(1) of the Magistrates’ Courts Act 1980 , and any other person, (other than a constable), who is authorised to execute a warrant under section 125(2) of the 1980 Act;

(i)persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 to the Courts Act 2003.]

Textual Amendments

[F5631.  The Official Solicitor and his deputy.]E+W+S

Textual Amendments

[F5632.  Persons appointed to the office of Public Trustee or deputy Public Trustee, and officers of the Public Trustee.]E+W+S

Textual Amendments

[F5633.  Court officers and court contractors who exercise functions in connection with the administration and management of funds in court including the deposit, payment, delivery and transfer in, into and out of any court of funds in court and regulating the evidence of such deposit, payment, delivery or transfer and court officers and court contractors, who receive payments in pursuance of a conviction or order of a magistrates’ court.]E+W+S

Textual Amendments

[F5734.  People working in [F58the [F59Department for Education]], the Office for Standards in Education, Children’s Services and Skills F60... with access to sensitive or personal information about children F61....E+W+S

Textual Amendments

35.  Any office, employment or other work which is concerned with the establishment or operation of a database under section 12 of the Children Act 2004, and which is of such a kind as to enable the holder of that office or employment, or the person engaged in that work, to have access to information included in the database.E+W+S

Textual Amendments

36.  Any office, employment or other work which is of such a kind that the person is or may be permitted or required to be given access to a database under section 12 of the Children Act 2004.E+W+S

Textual Amendments

F6237.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

38.  The chairman, other members, and members of staff (including any person seconded to serve as a member of staff) of the [F63Disclosure and Barring Service] [F64, and any other work in the Disclosure and Barring Service].E+W+S

Textual Amendments

39.  Staff working within the Public Guardianship Office, (to be known as the Office of the Public Guardian from October 2007), with access to data relating to children and vulnerable adults.E+W+S

Textual Amendments

40.  The Commissioner for Older People in Wales, and his deputy, and any person appointed by the Commissioner to assist him in the discharge of his functions or authorised to discharge his functions on his behalf.E+W+S

Textual Amendments

41.  The Commissioners for the Gambling Commission and any office or employment in their service.E+W+S

Textual Amendments

42.  Individuals seeking authorisation from the Secretary of State for the Home Department to become authorised search officers.E+W+S

Textual Amendments

43.  Any employment or other work where the normal dutiesE+W+S

(a)involve caring for, training, supervising, or being solely in charge of, persons aged under 18 serving in the naval, military or air forces of the Crown; or

(b)include supervising or managing a person employed or working in a capacity referred to in paragraph (a).]

Textual Amendments

[F6545.  Fire and rescue authority employees.E+W+S

Textual Amendments

46.  Justice system intermediaries who are commissioned on behalf of His Majesty’s Government through an approved scheme or contracted service in force, such as the Ministry of Justice Witness Intermediary Scheme or His Majesty’s Courts and Tribunals Service Appointed Intermediary Services.]E+W+S

Textual Amendments

F6644.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

PART IIIE+W+SRegulated occupations

1.  Firearms dealer.E+W+S

Commencement Information

I10Sch. 1 Pt. 3 para. 1 in force at 1.7.1975, see art. 1

2.  Any occupation in respect of which an application to the Gaming Board for Great Britain for a licence, certificate or registration is required by or under any enactment.E+W+S

Commencement Information

I11Sch. 1 Pt. 3 para. 2 in force at 1.7.1975, see art. 1

F673.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F684.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F695.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

6.  Any occupation which is concerned with—E+W+S

(a)the management of a place in respect of which the approval of the Secretary of State is required by section 1 of the Abortion Act 1967; or

(b)in England and Wales, carrying on [F70a regulated activity in respect of which a person is required to be registered under Part 1 of the Health and Social Care Act 2008]; or

F71(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12Sch. 1 Pt. 3 para. 6 in force at 1.7.1975, see art. 1

F727.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

8.  Any occupation in respect of which the holder, as occupier of premises on which explosives are kept, is required [F73pursuant to [F74regulations 4, 5 and 11 of the Explosives Regulations 2014] to obtain from the chief officer of police a valid explosives certificate certifying him to be a fit person to acquire or acquire and keep explosives].E+W+S

Textual Amendments

Commencement Information

I13Sch. 1 Pt. 3 para. 8 in force at 1.7.1975, see art. 1

F759.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F7610.  Approved legal services body manager.]E+W+S

Textual Amendments

[F7711.  A regulated immigration adviser.]E+W+S

Textual Amendments

[F7812.  A head of finance and administration of a licensed body.E+W+S

Textual Amendments

13.  A head of legal practice of a licensed body.]E+W+S

Textual Amendments

[F7914.  CILEx approved manager.]E+W+S

Textual Amendments

PART IVE+W+SInterpretation

Modifications etc. (not altering text)

Commencement Information

I14Sch. 1 Pt. 4 in force at 1.7.1975, see art. 1

In this Schedule—

[F80“actuary” means a member of [F81the Institute and Faculty of Actuaries];]

[F82“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;]

[F83“justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;]

[F84“authorised search officer” means a person authorised to carry out searches in accordance with sections 40 and 41 of the Immigration, Asylum and Nationality Act 2006;]

[F80“care services” means

(i)

accommodation and nursing or personal care in a care home [F85(where “care home”, in relation to England, has the same meaning as in the Care Standards Act 2000, and in relation to Wales, means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over)];

(ii)

personal care or nursing or support for a person to live independently in his own home;

(iii)

social care services; or

(iv)

any services provided in an establishment catering for a person with learning difficulties;]

“certified accountant” means a member of the Association of Certified Accountants;

“chartered accountant” means a member of the Institute of Chartered Accountants in England and Wales or of the Institute of Chartered Accountants of Scotland;

[F86“chartered legal executive” means a fellow of the Chartered Institute of Legal Executives.]

[F87“chartered management accountant” means a member, registered student or affiliate of the Chartered Institute of Management Accountants;]

F88...

[F84“child” means a person under the age of eighteen (and “children” is to be construed accordingly);]

[F89“CILEx approved manager” means a person authorised by the Chartered Institute of Legal Executives to be concerned in the management of a body which is a CILEx authorised person;]

[F89“CILEx authorised person” means a person authorised by the Chartered Institute of Legal Executives to provide a reserved legal activity in accordance with the Legal Services Act 2007;]

[F90“court contractor” means a person who has entered into a contract with the Lord Chancellor under section 2(4) of the Courts Act 2003, such a person’s sub-contractor, and persons acting under the authority of such a contractor or sub-contractor for the purpose of discharging the Lord Chancellor’s general duty in relation to the courts;]

[F90“court officer” means a person appointed by the Lord Chancellor under section 2(1) of the Courts Act 2003;]

[F90“court security officers” has the meaning given by section 51 of the Courts Act 2003;]

[F91“fire and rescue authority” has the meaning given by section 1 of the Fire and Rescue Services Act 2004;]

F92...

“firearms dealer” has the meaning assigned to that expression by section 57(4) of the Firearms Act 1968;

[F90“funds in court” has the meaning given by section 47 of the Administration of Justice Act 1982;]

“further education” has the meaning assigned to that expression by section 41 of the Education Act 1944 or, in Scotland, section 4 of the Education (Scotland) Act 1962;

[F93“further education institution” has the meaning given to it by paragraph 3 of the Education (Restriction of Employment) Regulations 2000;]

[F94“head of finance and administration of a licensed body” means an individual who is designated as head of finance and administration and whose designation is approved in accordance with licensing rules made under section 83 of, and paragraphs 13 and 14 of Schedule 11 to, the Legal Services Act 2007;]

[F94“head of legal practice of a licensed body” means an individual who is designated as head of legal practice and whose designation is approved in accordance with licensing rules made under section 83 of, and paragraphs 11 and 12 of Schedule 11 to, the Legal Services Act 2007;]

[F95“health care professional” means a person who is a member of a profession regulated by a body mentioned in subsection (3) of section 25 of the National Health Service Reform and Health Care Professions Act 2002 (and for the purposes of this definition subsection (3A) of that section is to be ignored);]

“health services” means services provided under the National Health Service Acts 1946 to 1973 or the National Health Service (Scotland) Acts 1947 to 1973 and similar services provided otherwise than under the National Health Service;

[F96“high security psychiatric services” has the meaning given by section 4 of the National Health Service Act 1977;]

[F90“home inspector” means a person who is a member of a certification scheme approved by the Secretary of State in accordance with section 164(3) of the Housing Act 2004;]

[F90“judges of the Supreme Court” means the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Lords Justices of Appeal and the puisne judges of the High Court;]

F97...

“judicial appointment” means an appointment to any office by virtue of which the holder has power (whether alone or with others) under any enactment or rule of law to determine any question affecting the rights, privileges, obligations or liabilities of any person;

[F98“justice system intermediary” means a person acting as an impartial communication specialist for vulnerable people, with respect to or in connection with the justice system, who provides assistance with communication needs and helps enable effective participation in proceedings;]

F99...

[F90“members of the judiciary” means persons appointed to any office by virtue of which the holder has power (whether alone or with others) under any enactment or rule of law to determine any question affecting the rights, privileges, obligations or liabilities of any person;]

[F100“notary public of England and Wales” means a notary who is appointed by the Court of Faculties of the Archbishop of Canterbury in accordance with rules made by the Master of the Faculties;]

[F90“personal information” means any information which is of a personal or confidential nature and is not in the public domain and it includes information in any form but excludes anything disclosed for the purposes of proceedings in a particular cause or matter;]

F101...

F102...

F102...

[F103“registered foreign lawyer” has the meaning given by section 89 of the Courts and Legal Services Act 1990;]

F102...

F102...

F102...

“registered teacher” means a teacher registered under the Teaching Council (Scotland) Act 1965 and includes a provisionally registered teacher;

[F104“regulated immigration adviser” means any person who provides immigration advice or immigration services as defined in section 82(1) of the Immigration and Asylum Act 1999 and is—

(i)

a registered person under Part 5 of that Act, or

(ii)

a person who acts on behalf of and under the supervision of such a registered person, or

(iii)

a person who falls within section 84(4)(a), (b) or (c) of that Act.]

[F105“regulated position” means a position which is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000 [F106other than a position which would not be a regulated position if in section 36(4) of that Act “employment” included unpaid employment];]

[F90“removal centre” and “short-term holding facility” have the meaning given by section 147 of the Immigration and Asylum Act 1999;]

“school” has the meaning assigned to that expression by section 114(1) of the Education Act 1944 or, in Scotland, section 145 of the Education (Scotland) Act 1962;

[F107security 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 and in respect of Wales, the corresponding functions of Welsh Ministers;]

F108...

F109...

“teacher” includes a warden of a community centre, leader of a youth club or similar institution, youth worker and, in Scotland, youth and community worker;

[F90“tribunal security officers” means persons who, in the course of their work, guard tribunal buildings, offices and other accommodation used in relation to tribunals against unauthorised access or occupation, against outbreaks of disorder or against damage;]

[F90“tribunals” means any person exercising the judicial power of the State, that is not a court listed in section 1(1) of the Courts Act 2003;]

[F110“vulnerable adult” has the meaning given by section 59 of the 2006 Act as it had effect immediately before the coming into force of section 65 of the Protection of Freedoms Act 2012.]

F92...]

Textual Amendments