The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008
Draft 2008, ISBN 9780110847535
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 2008
Coming into force 2008
A draft of this Order has been laid before and approved by a resolution of each House of Parliament:
The Secretary of State, in exercise of the powers conferred by sections 4(4), 7(4) and 10(1) of, and paragraphs 4 and 6(4) of Schedule 2 to, the Rehabilitation of Offenders Act 1974f1, makes the following Order:
Annotations to the whole text
Footnotes
- f1
-
1974 c.53, as amended by the Criminal Justice and Immigration Act 2008 (c.4).
Contents
- 1Citation, commencement and extent
- 2Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
- 3Amendment of article 2
- 4Amendment of article 3
- 5Amendment of article 4
- 6Amendment of article 5
- 7Amendment of Schedule 1
- Signature
- Explanatory note
1Citation, commencement and extent
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008 and comes into force on the day after the day on which it is made.
This Order extends to England and Wales onlyf1.
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)—
in the definition of “child minding” for paragraphs (a) and (b) substitute–
“(a)child minding within the meaning of section 79A of the Children Act 1989f1; and
(b)early years childminding within the meaning of section 96(4) of the Childcare Act 2006f2, or later years childminding within the meaning of section 96(8) of that Act;”
in the definition of “day care” for paragraphs (a) and (b) substitute–
“(a)day care for which registration is required by section 79D(5)f3 of the Children Act 1989; and
(b)early years provision within the meaning of section 96(2) of the Childcare Act 2006 (other than early years childminding), or later years provision within the meaning of section 96(6) of that Act (other than later years childminding), for which registration is required, or permitted, under Part 3 of that Act;”
in the definition of “work with children” after “paragraph 14 of” insert “Part 2 of”.
After paragraph (4) insert–
“(4A)In this Order any reference to a conviction shall where relevant include a reference to a cautionf4, and any reference to spent convictions shall be construed accordingly.”
4Amendment of article 3
In article 3, for “None of the provisions of section 4(2) of” substitute “Neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to,”.
5Amendment of article 4
In article 4, for “Paragraph (b) of section 4(3) of the Act shall not apply” substitute “Neither paragraph (b) of section 4(3) of, nor paragraph 3(5) of Schedule 2 to, the Act shall apply”.
6Amendment of article 5
In article 5(1), for “Section 4(1) of the Act shall not” substitute “Neither section 4(1) of, nor paragraph 3(1) of Schedule 2 to, the Act shall”.
In article 5(2) for “(j)” substitute “(n)”.
7Amendment of Schedule 1
In Part 3 of Schedule 1, after paragraph 8 insert–
“10.Approved legal services body manager.”.
In Part 4 of Schedule 1 before the definition of “assistants to justices’ clerks” insert–
““approved legal services body manager” means a person who must be approved by the Law Society under section 9A(2)(e) of the Administration of Justice Act 1985f1;”.
Signature
Signed by authority of the Secretary of State
Parliamentary Under Secretary of State
Ministry of Justice
Date
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 of the Exceptions Order provides exceptions to section 4(2) of the Rehabilitation of Offenders Act 1974 (“the Act”) (questions which relate to spent convictions).
Article 3 of this Order amends certain definitions relating to child minding and day care to ensure that they are consistent with the new relevant primary legislation (the Childcare Act 2006 (c.21)). It also makes a minor amendment to the definition of “work with children” to clarify the reference.
Article 3 also inserts a new paragraph (4A) in article 2 of the Exceptions Order to provide that where relevant reference to a conviction shall include a reference to a caution. This has the effect, following the amendments to the Act to bring cautions within its ambit (section 8A and Schedule 2, inserted by the Criminal Justice and Immigration Act 2008 (c.4)), that such cautions are also excepted under the terms of the Exceptions Order. A caution includes any caution, conditional caution, reprimand or final warning. Articles 4, 5 and 6 of this Order make amendments to articles 3, 4 and 5 of the Exceptions Order for a similar purpose. Article 6(2) also makes a minor corrective consequential amendment.
Article 7 expands the list of sensitive positions which qualify for disclosure of spent conviction information to include the newly created position of non-lawyer “approved legal services body manager” in the list of regulated occupations in Part 3 of Schedule 1. These non-lawyer managers will be able to manage a legal services body under reforms introduced by the Legal Services Act 2007 (c.29), but must be approved as suitable for such by the Law Society. Adding them to the Exceptions Order ensures that appropriate checks can be carried out to assist the Law Society in making its decision as to approval.