2012 No. 1957
The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2012
Made
Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred by sections 4(4) and 10(1) of, and paragraph 4 of Schedule 2 to, the Rehabilitation of Offenders Act 19741, makes the following Order.
A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 10(2) of that Act.
Citation, commencement and extent1
1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2012.
2
This article and articles 2, 3, 6, 7, 8, 10(1), (4) and (5) and 11(1) and (3) come into force on the day after the day on which this Order is made.
3
Articles 4 and 5 come into force on the day after the day on which this Order is made or, if later, the day on which section 213 of the Health and Social Care Act 20122 comes into force.
4
Articles 9, 10(2) and (3) and 11(2) come into force on the day after the day on which this Order is made or, if later, the day on which sections 64 to 66 and 68 of the Protection of Freedoms Act 20123 come into force.
5
This Order extends to England and Wales only.
Amendments of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 19752
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 19754 is amended as follows.
Police and crime commissioners3
After article 4 insert—
4A
1
Section 4(2) of the Act shall not apply to a question asked by or on behalf of any person, in the course of the duties of the person’s office or employment, in order to assess whether the person to whom the question relates is disqualified by reason of section 66(3)(c) of the 2011 Act from being elected as, or being, a police and crime commissioner.
2
Section 4(3)(a) of the Act shall not apply in relation to any obligation to disclose any matter if the obligation is imposed in order to assess whether a person is disqualified by reason of section 66(3)(c) of the 2011 Act from being elected as, or being, a police and crime commissioner.
3
Section 4(3)(b) of the Act shall not apply in relation to the disqualification of a person from being elected as, or being, a police and crime commissioner under section 66(3)(c) of the 2011 Act.
4
In this article—
“the 2011 Act” means the Police Reform and Social Responsibility Act 20115; and
“police and crime commissioner” means a police and crime commissioner established under section 1 of the 2011 Act.
Health care professionals
4
In article 2, omit the definition of “Council”6.
5
In articles 3(i) and 4(k)7, for “Council” substitute “Care Council for Wales”.
6
1
Schedule 1 is amended as follows.
2
In Part I—
a
for paragraph 1 substitute—
1
Health care professional.
3
In Part IV—
a
after the definition of “head of legal practice of a licensed body” insert—
“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 200214 (and for the purposes of this definition subsection (3A) of that section15 is to be ignored);
Children and vulnerable adults
7
In article 2, in the definition of “work with children”20, after “14” insert “or 14A”.
8
In articles 3(a)(ii) and 4(b)21, omit “37,”.
9
In article 3A(2) and (3)22, after “2006 Act”, in the first place, insert “as it had effect immediately before the coming into force of section 68 of the Protection of Freedoms Act 2012”.
10
1
Part II of Schedule 1 is amended as follows.
2
In paragraph 12A23 insert at the end “as it had effect immediately before the coming into force of section 66 of the Protection of Freedoms Act 2012”.
3
In paragraph 14A24, insert at the end “as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012”.
4
In paragraph 3425, omit—
a
“or in the Government Offices for the English Regions”, and
b
“or vulnerable adults”.
5
Omit paragraph 3726.
11
1
Part IV of Schedule 1 is amended as follows.
2
For the definition of “vulnerable adult”27 substitute—
“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.
3
In the definition of “regulated position”28, insert at the end “other than a position which would not be a regulated position if in section 36(4) of that Act “employment” included unpaid employment.”
Signed by authority of the Secretary of State
(This note is not part of the Order)