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

Amendment of article 2

3.—(1) In article 2(1) (interpretation), there is inserted, in the appropriate alphabetical position,

““the 2000 Act” means the Financial Services and Markets Act 2000(1);”;

““administration of justice offence” means—

(a)

the offence of perverting the course of justice,

(b)

any offence under section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others)(2),

(c)

an offence under section 1, 2, 6 or 7 of the Perjury Act 1911 (perjury)(3),

or any offence committed under the law of any part of the United Kingdom (other than England or Wales) or of any other country where the conduct which constitutes the offence would, if it all took place in England or Wales, constitute one or more of the offences specified by paragraph (a) to (c);”;

““associate”, in relation to a person (“A”), means someone who is a controller, director or manager of A or, where A is a partnership, any partner of A;”;

““collective investment scheme” has the meaning given by section 235 of the 2000 Act;”;

““the competent authority for listing” means the competent authority for the purposes of Part VI of the 2000 Act (listing);”;

““controller” has the meaning given by section 422 of the 2000 Act;”;

““Council of Lloyd's” means the council constituted by section 3 of Lloyd’s Act 1982(4);”;

““director” has the meaning given by section 417 of the 2000 Act;”;

““key worker”, in relation to any body (“A”), means any individual who is likely, in the course of the duties of his office or employment -

(a)

where A is the Authority, to play a significant role in the decision making process of the Authority in relation to the exercise of the Authority’s public functions (within the meaning of section 349(5) of the 2000 Act) under any provision of the 2000 Act other than Part VI, or to support directly such a person;

(b)

where A is the competent authority for listing, to play a significant role in the decision making process of the competent authority for listing in relation to the exercise of its functions under Part VI of the 2000 Act, or to support directly such a person;”;

““manager” has the meaning given by section 423 of the 2000 Act;”;

““open-ended investment company” has the meaning given by section 236 of the 2000 Act”;

““Part IV permission” has the meaning given by section 40(4) of the 2000 Act;”;

““relevant collective investment scheme” means a collective investment scheme which is recognised under section 264 (schemes constituted in other EEA States), 270 (schemes authorised in designated countries or territories) or 272 (individually recognised overseas schemes) of the 2000 Act;”;

““trustee”, in relation to a unit trust scheme, has the meaning given by section 237 of the 2000 Act;”;

““UK recognised clearing house” means a clearing house in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas clearing houses), is in force;”;

““UK recognised investment exchange” means an investment exchange in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas investment exchanges), is in force;”.

(2) In the definition of “relevant offence”-

(a) there is omitted the word “or” at the end of sub-paragraph (a);

(b) in sub-paragraph (b), after “financial services,”, there is inserted “money laundering,”; and

(c) at the end of sub-paragraph (b), there is inserted -

“(c) an administration of justice offence; or

(d) an offence committed (whether or not under the law of, or of any part of, the United Kingdom) in connection with, or in relation to, taxation for which a person of 21 years of age or over may be sentenced to imprisonment for a term of 2 years or more;”.

(3) The definition of “the Building Societies Commission” and the words from “the expressions “authorisation” ” to the end of paragraph (1) are omitted.

(1)

2000 c. 8.

(2)

1994 c. 33; amended by the Criminal Appeal Act 1995 (c. 35), Schedule 2, paragraph 19 and the Youth Justice and Criminal Evidence Act 1999 (c. 23), Schedule 4, paragraph 21.

(3)

1911 c. 6; sections 1 and 2 repealed in part by the Criminal Justice Act 1948 (c. 58), section 1; section 7 repealed in part by the Criminal Attempts Act 1981 (c. 47), the Schedule.

(4)

1982. c. 14.