The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (“the Exceptions Order”).

Article 3 inserts a new article 3A into the Exceptions Order. It confers the right to ask questions regarding spent convictions and spent cautions where a person seeks to work in controlled activity with children or vulnerable adults within the meaning of the Safeguarding Vulnerable Groups Act 2006 (c.47). This right is limited to circumstances where the person seeking such work is barred from regulated activity relating to children or vulnerable adults, or is still included in lists kept under section 1 of the Protection of Children Act 1999 (c.14), or section 81 of the Care Standards Act 2000 (c. 14), or if the person is still subject to a direction made under section 142 of the Education Act 2002 (c.32).

Article 4 substitutes article 6 of the Exceptions Order. It makes similar provision in relation to the Isle of Man as already applies in relation to the Channel Islands. In its substituted form, it confers the right to ask questions regarding spent convictions and spent cautions in relation to offices, employment or other work etc in the Channel Islands or in the Isle of Man where there is corresponding provision in those places for the rehabilitation of offenders and the right to ask excepted questions for prescribed purposes.