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The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 0110451163

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 10(2) of the Rehabilitation of Offenders Act 1974, for approval by resolution of each House of Parliament.

REHABILITATION OF OFFENDERS, ENGLAND AND WALES

Made 2003

Coming into force 2003

The Secretary of State, in exercise of the powers conferred on him by sections 4(4), 7(4) and 10(1) of the Rehabilitation of Offenders Act 1974f1, hereby makes the following Order, a draft of which has been laid before and approved by resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

1974 c. 53.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  3. 3Amendment of article 2
  4. 4Amendment of article 3
  5. 5Amendment of article 3
  6. 6Amendment of article 4
  7. 7Amendment of article 4
  8. 8Amendment of Schedule 1
  9. 9Amendment of Schedule 1
  10. 10Amendment of Schedule 1
  11. 11Amendment of Schedule 2
  12. 12Amendment of Schedule 3
  13. 13Amendment of Schedule 3
  14. Signature
  15. Explanatory note

1Citation, commencement and extent

(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.

2Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975f1 is amended in accordance with the following provisions of this Order.

3Amendment of article 2

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

  1. (a)

    • ““Council” has the meaning given to it by section 54 of the Care Standards Act 2000f1;”;

  2. (b)

    • ““taxi driver licence” means a licence granted under—

      1. (i)

        section 37 of the Town Police Clauses Act 1847f2;

      2. (ii)

        section 8 of the Metropolitan Public Carriage Act 1869f3;

      3. (iii)

        section 9 of the Plymouth City Council Act 1975f4;

      4. (iv)

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

      5. (v)

        section 13 of the Private Hire Vehicles (London) Act 1998f5;”.

4Amendment of article 3

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

5Amendment of article 3

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.”.

6Amendment of article 4

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

7Amendment of article 4

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 2001f1, 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.”.

8Amendment of Schedule 1

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 2000f1.

21

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

9Amendment of Schedule 1

In Part III of Schedule 1, delete paragraph 9.

10Amendment of Schedule 1

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 1977f1;”;

(b)

delete the definition of “taxi driver”.

11Amendment of Schedule 2

After paragraph 3 of Schedule 2, add—

“4

Taxi driver licences.

5

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

12Amendment of Schedule 3

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

13Amendment of Schedule 3

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.”.

Signature

Minister of State

Home Office

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.