Citation, commencement and extent

1

(1)    This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003 and shall come into force on the day after the day on which it is made.

(2)    This Order extends to England and Wales only.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see para (1) above.

Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

2

Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 19752

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is amended in accordance with the following provisions of this Order.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Amendment of article 2

3

Amendment of article 23

In article 2(1), insert in the appropriate alphabetical positions—

(a)    ““Council” has the meaning given to it by section 54 of the Care Standards Act 2000;”;

(b)    ““taxi driver licence” means a licence granted under—

(i)    section 37 of the Town Police Clauses Act 1847;

(ii)    section 8 of the Metropolitan Public Carriage Act 1869;

(iii)    section 9 of the Plymouth City Council Act 1975;

(iv)    section 51 of the Local Government (Miscellaneous Provisions) Act 1976; or

(v)    section 13 of the Private Hire Vehicles (London) Act 1998;”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Amendment of article 3

4

Amendment of article 34

In article 3(a)(ii), for the words “or 13”, substitute “, 13, 20 or 21”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

5

5

After article 3(h), add—

“(i)    any question asked by or on behalf of the Council for the purpose of determining whether or not to grant an application for registration under Part IV of the Care Standards Act 2000, where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Amendment of article 4

6

Amendment of article 46

In article 4(b), for the words “or 13”, substitute “, 13, 20 or 21”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

7

7

After article 4(j), add—

“(k)    any decision by the Council to refuse to grant an application for registration under Part IV of the Care Standards Act 2000 or to suspend, remove or refuse to restore a person's registration under that Part;

(l)    any decision to refuse to grant a taxi driver licence, to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;

(m)    any decision by the Security Industry Authority to refuse to grant a licence under section 8 of the Private Security Industry Act 2001, to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence) or to revoke such a licence.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Amendment of Schedule 1

8

Amendment of Schedule 18

In Part II of Schedule 1, after paragraph 19 add—

“20

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.

21

Any employment or other work which is normally carried out in a hospital used only for the provision of high security psychiatric services.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Prisons, Custodial Institutions & Service of Sentence91 Secure Hospitals91 Criminal Law & Disposition of Offenders91 Mental Health93 Health Law93

9

9

In Part III of Schedule 1, delete paragraph 9.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

10

10

In Part IV of Schedule 1—

(a)    insert, in the appropriate alphabetical position—

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

(b)    delete the definition of “taxi driver”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Prisons, Custodial Institutions & Service of Sentence96 Secure Hospitals96 Criminal Law & Disposition of Offenders96 Mental Health95 Health Law95

Amendment of Schedule 2

11

Amendment of Schedule 211

After paragraph 3 of Schedule 2, add—

“4

Taxi driver licences.

5

Licences granted under section 8 of the Private Security Industry Act 2001.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Amendment of Schedule 3

12

Amendment of Schedule 312

For paragraph 16 of Schedule 3, substitute: “Proceedings relating to a taxi driver licence.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

13

13

After paragraph 17 of Schedule 3, add—

“18

Proceedings relating to registration under Part IV of the Care Standards Act 2000.

19

Proceedings under section 11 of the Private Security Industry Act 2001.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Signature

Charles Falconer

Minister of State

Home Office

31st March 2003

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

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

Article 3 of the 1975 Order provides exceptions to section 4(2) of the Rehabilitation of Offenders Act 1974 (“the Act”) (questions which relate to spent convictions). This Order provides new exceptions for questions asked in order to determine whether or not a person should be registered under Part IV of the Care Standards Act 2000 (article 5), questions asked in order to assess a person's suitability to work in certain bail hostels and probation hostels and in hospitals used only for the provision of high security psychiatric services (article 8) and questions asked in order to assess the suitability of a person to hold a licence under section 8 of the Private Security Industry Act 2001 (article 11).

Article 4 of the 1975 Order provides exceptions to section 4(3)(b) of the Act (spent convictions not to be a proper ground for dismissal or for prejudicing a person in any occupation or employment). This Order provides new exceptions relating to registration under Part IV of the Care Standards Act 2000 and licences under section 8 of the Private Security Industry Act 2001 (article 7).

Article 5 of the 1975 Order provides exceptions to section 4(1) of the Act (evidence of spent convictions inadmissible in proceedings). This Order provides new exceptions for proceedings relating to registration under Part IV of the Care Standards Act 2000 and for proceedings under section 11 of the Private Security Industry Act 2001 (article 13).

This Order re-enacts, subject to amendments, the existing provisions in the 1975 Order relating to taxi driver licences. The principal amendment is that the new provisions, in contrast to the existing ones, cover licences granted under section 13 of the Private Hire Vehicles (London) Act 1998.

Prisons, Custodial Institutions & Service of Sentence92 Secure Hospitals92 Criminal Law & Disposition of Offenders92 Mental Health91 Health Law91