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The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009

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Amendment of article 3

This section has no associated Explanatory Memorandum

4.—(1) In article 3(a)(ii) for “13, 14, 20, 21, 35, 36, 37, 40 or 43” substitute “12A, 13, 14, 14A, 20, 21, 35, 36, 37, 40, 43 or 44”.

(2) After article 3(l) insert—

(m)any question asked by or on behalf of the Master Locksmiths Association for the purposes of assessing the suitability of any person who has applied to be granted membership of that Association;

(n)any question asked by or on behalf of the Secretary of State for the purpose of assessing the suitability of any person or body to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001(1) or under Article 3(2) of Regulation 2004/273/EC(2) or under article 6(1) of Regulation 2005/111/EC(3) where—

(i)the question relates to the holder of, or an applicant for, such a licence or any person who as a result of his role in the company or other body concerned is required to be named in the application for such a licence (or would have been so required if that person had had that role at the time the application was made), and

(ii)any person to whom the question relates is informed at the time the question is asked that by virtue of this Order, spent convictions are to be disclosed.

(2)

O.J. No. L 47 18.2.2004, p.1

(3)

O.J. No. L 22, 26.1.2005, p.1

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