Article 2 I1F1

In this Order, except where the context otherwise requires—

• F3“the 2000 Act” means the Financial Services and Markets Act 2000;

• F4“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

• F5“the 2016 Act” means the Regulation and Inspection of Social Care (Wales) Act 2016;

• “the Act” means the Rehabilitation of Offenders Act 1974;

• “administration of justice offence” means—

  1. (a)

     the offence of perverting the course of justice,

  2. (b)

     any offence under section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others),

  3. (c)

     an offence under section 1, 2, 6 or 7 of the Perjury Act 1911 (perjury),

  or any offence committed under the law of any part of the United Kingdom (other than England or Wales) or of any other country where the conduct which constitutes the offence would, if it all took place in England or Wales, constitute one or more of the offences specified by paragraph (a) to (c);

• F6“adoption agency” has the meaning given by section 2(1) of the Adoption and Children Act 2002;

• F7“adoption service”—

  1. (a)

     in relation to England, means the discharge by a local authority in England of relevant adoption functions within the meaning of section 43(3)(a) of the Care Standards Act 2000, and

  2. (b)

     in relation to Wales, means the discharge by a local authority in Wales of functions under the Adoption and Children Act 2002 of making or participating in arrangements for the adoption of children or the provision of adoption support services as defined in section 2(6) of that Act;

• “adoption support agency” has the meaning given by section 8 of the Adoption and Children Act 2002;

• “associate”, in relation to a person (“A”), means someone who is a controller, director or manager of A or, where A is a partnership, any partner of A;

• F8“authorised payment institution” has the meaning given by regulation 2(1) of the F9Payment Services Regulations 2017;

• F10“childminder agency” has the meaning given in section 98(1) of the Childcare Act 2006;

• F11...

• F12“child minding” means—

  1. (a)

     F13child minding within the meaning of F14section 79A of the Children Act 1989 section 19 of the Children and Families (Wales) Measure 2010; and

  2. (b)

     early years childminding within the meaning of section 96(4) of the Childcare Act 2006, or later years childminding within the meaning of section 96(8) of that Act;

• F15“children's home”—

  1. (a)

     in relation to England, has the meaning given by section 1 of the Care Standards Act 2000; and

  2. (b)

     F16in relation to Wales, means premises at which—

     1. (i)

        a care home service is provided wholly or mainly to persons under the age of 18, or

     1. (ii)

        a secure accommodation service is provided,

     and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the 2016 Act;

• “collective investment scheme” has the meaning given by section 235 of the 2000 Act;

• F17...

• F18...

• F19...

• “controller” has the meaning given by section 422 of the 2000 Act;

• F20...

• “Council of Lloyd's” means the council constituted by section 3 of Lloyd’s Act 1982;

• “day care” means—

  1. (a)

     F21day care for which registration is required by F22section 79D(5) of the Children Act 1989 section 23(1) of the Children and Families (Wales) Measure 2010; and

  2. (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;

• “day care premises” means any premises on which day care is provided, but does not include any part of the premises where children are not looked after;

• F23“depositary”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;

• ...

• ...

• “director” has the meaning given by section 417 of the 2000 Act;

• F24“electronic money institution” has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011;

• F25“the FCA” means the Financial Conduct Authority;

• F26“fostering agency”—

  1. (a)

     in relation to England, has the meaning given by section 4(4) of the Care Standards Act 2000, and

  2. (b)

     in relation to Wales, means a provider of a fostering service within the meaning of paragraph 5 of Schedule 1 to the 2016 Act;

• F27“fostering service” means—

  1. (a)

     in relation to England, the discharge by a local authority in England of relevant fostering functions within the meaning of section 43(3)(b)(i) of the Care Standards Act 2000, and

  2. (b)

     in relation to Wales, the discharge by a local authority in Wales of functions under section 81 of the Social Services and Well-being (Wales) Act 2014 (in connection with placements with local authority foster parents) or regulations made under or by virtue of any of sections 87, 92(1)(a), (b), (d) or 93 of that Act;

• F28“key worker” means—

  1. (a)

     any individual who is likely, in the course of exercising the duties of that individual’s office or employment, to play a significant role in the decision making process of the FCA, the PRA or the Bank of England in relation to the exercise of its public functions (within the meaning of section 349(5) of the 2000 Act); or

  2. (b)

     any individual who is likely, in the course of exercising the duties of that individual’s office or employment, to support directly an individual mentioned in paragraph (a);

• “manager” has the meaning given by section 423 of the 2000 Act;

• “open-ended investment company” has the meaning given by section 236 of the 2000 Act

• F29“operator”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;

• F30“Part 4A permission” has the meaning given by section 55A(5) of the 2000 Act;

• “payment services” has the meaning given by regulation 2(1) of the Payment Services Regulations 2017;

• F31“protected caution” means a caution of the kind described in article 2A(1);

• “protected conviction” means a conviction of the kind described in article 2A(2);

• “the PRA” means the Prudential Regulation Authority;

• F32“recognised clearing house” means a recognised clearing house as defined in section 285 of the 2000 Act;

• F33“recognised CSD” has the meaning given by section 285(1)(e) of the 2000 Act;

• F34“registered account information service provider” has the meaning given by regulation 2(1) of the Payment Services Regulations 2017;

• “relevant collective investment scheme” means a collective investment scheme which is recognised under F35section 271A (schemes authorised in approved countries) or section F36... 272 (individually recognised overseas schemes) of the 2000 Act;

• F37“residential family centre”—

  1. (a)

     in relation to England, has the meaning given by section 4(2) of the Care Standards Act 2000; and

  2. (b)

     in relation to Wales, means a place at which a residential family centre service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided;

• “small payment institution” has the meaning given by regulation 2(1) of the Payment Services Regulations 2017;

• F38...

• F39“taxi driver licence” means a licence granted under—

  1. (i)

     F40section 46 of the Town Police Clauses Act 1847;

  2. (ii)

     section 8 of the Metropolitan Public Carriage Act 1869;

  3. (iii)

     section 9 of the Plymouth City Council Act 1975;

  4. (iv)

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

  5. (v)

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

• “trustee”, in relation to a unit trust scheme, has the meaning given by section 237 of the 2000 Act;

• ...

• F41...

• “UK recognised investment exchange” means an investment exchange in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas investment exchanges), is in force;

• F42“voluntary adoption agency”—

  1. (a)

     in relation to England, has the meaning given by section 4(7) of the Care Standards Act 2000, and

  2. (b)

     in relation to Wales, means a provider of an adoption service within the meaning of paragraph 4(a) of Schedule 1 to the 2016 Act;

• F43“work” includes—

  1. (a)

     work of any kind, whether paid or unpaid, and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; and

  2. (b)

     an office established by or by virtue of an enactment;

• “work with children” means work of the kind described in paragraph 14 F44, 14A, 14B or 14C of F45Part 2 of Schedule 1 to this Order;

• the expressions ... “building society” and “officer” have the meanings respectively given to them by section 119(1) of the Building Societies Act 1986.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this Order references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.

Nothing in this Order applies in relation to a conviction for a service offence which is not a recordable service offence; and for this purpose—

Part IV of Schedule 1 to this Order shall have effect for the interpretation of expressions used in that Schedule.

In this Order a reference to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

In this Order any reference to a conviction shall where relevant include a reference to a caution, and any reference to spent convictions shall be construed accordingly.

The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.