Article 3 I1F1
England, Wales and Scotland
F3F4Subject to paragraph (2), neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to, the Act shall apply in relation to—
any question asked by or on behalf of any person, in the course of the duties of his office or employment, in order to assess the suitability—
of the person to whom the question relates for admission to any of the professions specified in Part I of Schedule 1 to this Order; or
of the person to whom the question relates for any office or employment specified in Part II of the said Schedule 1 F6apart from one specified in paragraph F71, 6, 16, 17, 18, 18A, 31, 32, 35 or 36 or for any other work specified in paragraph F812A, 13, F913A, 14, 14A, F1014AA, F1114B, 14C, F1214D, F1314E, F1414F, 20, 21, F15... F16... F1738, 40 or 43 of Part II of the said Schedule 1; or
of the person to whom the question relates or of any other person to pursue any occupation specified in Part III of the said Schedule 1 F18apart from one specified in paragraph 1 or 8 or to pursue it subject to a particular condition or restriction; or
of an individual to provide accommodation or to continue to provide accommodation to a person who has applied for or been granted permission to enter into or to stay in the United Kingdom in accordance with Appendix Ukraine Scheme of the Immigration Rules, where the question relates to—
the individual whose suitability is being assessed, or
any other individual over the age of 16 years who resides in the same household as the individual whose suitability is being assessed,
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;
any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to work with children, where—
the question relates to the person whose suitability is being assessed;
the person whose suitability is being assessed lives on the premises where his work with children would normally take place and the question relates to a person living in the same household as him;
the person whose suitability is being assessed lives on the premises where his work with children would normally take place and the question relates to a person who regularly works on those premises at a time when the work with children usually takes place; or
the work for which the person’s suitability is being assessed is child minding which would normally take place on premises other than premises where that person lives and the question relates to a person who lives on those other premises or to a person who regularly works on them at a time when the child minding takes place,
and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any question asked by or on behalf of any person in the course of his duties as a person employed by an adoption agency for the purpose of assessing the suitability of any person to adopt children in general or a child in particular where—
the question relates to the person whose suitability is being assessed; or
the question relates to a person over the age of 18 living in the same household as the person whose suitability is being assessed,
and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
any question asked by or on behalf of any person in the course of his duties as a person employed by a local authority in England or Wales for the purpose of preparing a report for the court under section 14A(8) of the Children Act 1989 regarding the suitability of any person to be a special guardian, where—
the question relates to the person whose suitability is being assessed; or
the question relates to a person over the age of 18 living in the same household as the person whose suitability is being assessed;
and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to provide day care where—
the question relates to the person whose suitability is being assessed; or
the question relates to a person who lives on the premises which are or are proposed to be day care premises,
and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
any question asked by or on behalf of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills in assessing a person’s suitability for registration as a childminder agency under Part 3 of the Childcare Act 2006, where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
any question asked by, or on behalf of, the person listed in the second column of any entry in the table below to the extent that it relates to a conviction F30... (or any circumstances ancillary to F31... a conviction) of any individual, but only if -
the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions F32... are to be disclosed; and
the question is asked in order to assess the suitability of the individual to whom the question relates to have the status specified in the first column of that entry;
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any question asked by or on behalf of the F41Gambling Commission for the purpose of determining whether to grant or revoke a licence under Part I of the National Lottery etc. Act 1993 where the question relates to an individual—
who manages the business or any part of the business carried on under the licence (or who is likely to do so if the licence is granted), or
for whose benefit that business is carried on (or is likely to be carried on if the licence is granted),
and where the person to whom the question relates is informed at the time that the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
any question asked by or on behalf of F43Social Care Wales for the purpose of determining whether or not to grant an application for registration under F44Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016, 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any question asked, by or on behalf of the Football Association F48, Football League or Football Association Premier League in order to assess the suitability of the person to whom the question relates or of any other person to be approved as able to undertake, in the course of acting as a steward at a sports ground at which football matches are played or as a supervisor or manager of such a person, licensable conduct within the meaning of the Private Security Industry Act 2001 without a licence issued under that Act, in accordance with F49... section 4 of that Act;
any question asked by the F51Disclosure and Barring Service for the purpose of considering the suitability of an individual to have access to information released under sections 113A and 113B of the Police Act 1997;
any question asked by or on behalf of the Master Locksmiths Association for the purposes of assessing the suitability of any person who has applied to be granted membership of that Association;
any question asked by or on behalf of the Secretary of State for the purpose of assessing the suitability of any person or body to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001 or under Article 3(2) of Regulation 2004/273/EC or under article 6(1) of Regulation 2005/111/EC where—
the question relates to the holder of, or an applicant for, such a licence or any person who as a result of his role in the company or other body concerned is required to be named in the application for such a licence (or would have been so required if that person had had that role at the time the application was made), and
any person to whom the question relates is informed at the time the question is asked that by virtue of this Order, spent convictions are to be disclosed;
any question asked by or on behalf of any body which is a licensing authority within the meaning of section 73(1) of the Legal Services Act 2007 (licensing authorities and relevant licensing authorities) where—
it is asked in order to assess whether, for the purposes of Schedule 13 to that Act (ownership of licensed bodies), the approval requirements are met in relation to a person’s holding of a restricted interest in a licensed body; and
the person to whom the question relates is informed at the time that the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
any question asked by or on behalf of a person who seeks to employ or engage a self-employed person or a person as a personal employee, in order to assess the suitability of the person to whom the question relates for any work specified in paragraph 12A, 14A or 14AA of Part 2 of Schedule 1.
Paragraph (1) does not apply in relation to a protected caution or a protected conviction.
Annotations
Textual amendments
- F1
Order revoked (S.) (29.3.2003) by The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (S.S.I. 2003/231), arts. 1(1), 6(a)
- F2
Art. 3 renumbered as art. 3(1) (29.5.2013) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(a)
- F3
Words in art. 3 substituted (18.12.2008) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008 (S.I. 2008/3259), arts. 1(1), 4
- F4
Words in art. 3(1) substituted (29.5.2013) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(b)
- F5
Art. 3(a)(ii) substituted (E.W.) (31.3.2001) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2001 (S.I. 2001/1192), arts. 1(1), 4(1)
- F6
Words in art. 3(1)(a)(ii) inserted (29.5.2013) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(c)(i)
- F7
Word in art. 3(1)(a)(ii) inserted (4.8.2016) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 (S.I. 2016/824), arts. 1(2), 2(3)(a)
- F8
Words in art. 3(a)(ii) substituted (7.7.2009) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009 (S.I. 2009/1818), arts. 1(2)(b), 4(1)
- F9
Word in art. 3(1)(a)(ii) inserted (10.3.2015) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2015 (S.I. 2015/317), arts. 1(2), 2(2)
- F10
Word in art. 3(1)(a)(ii) inserted (4.8.2016) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 (S.I. 2016/824), arts. 1(2), 2(2)(a)
- F11
Words in art. 3(1)(a)(ii) inserted (1.7.2014) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2014 (S.I. 2014/1707), arts. 1(2), 4(a)
- F12
Word in art. 3(1)(a)(ii) inserted (1.9.2014) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2014 (S.I. 2014/1707), arts. 1(3), 4(b)
- F13
Word in art. 3(1)(a)(ii) inserted (4.8.2016) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 (S.I. 2016/824), arts. 1(2), 2(2)(b)
- F14
Word in art. 3(1)(a)(ii) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 2 para. 1(2)
- F15
Words in art. 3(1)(a)(ii) omitted (29.5.2013) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(c)(i)
- F16
Word in art. 3(a)(ii) omitted (25.7.2012) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2012 (S.I. 2012/1957), arts. 1(2), 8
- F17
Words in art. 3(a)(ii) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 19 (with Pt. 4)
- F18
Words in art. 3(1)(a)(iii) inserted (29.5.2013) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(c)(ii)
- F19
Words in art. 3(1)(a)(iv) inserted (29.5.2013) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(c)(iii)
- F20
Words in art. 3(1)(a)(iv) substituted (2.9.2014) by The Control of Explosives Precursors Regulations 2014 (S.I. 2014/1942), regs. 1(1), 17(2)
- F21
Word in art. 3(1)(a)(iv) inserted (18.11.2022) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022 (S.I. 2022/1212), arts. 1(2), 2(2)(a)
- F22
Art. 3(1)(a)(v) inserted (18.11.2022) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022 (S.I. 2022/1212), arts. 1(2), 2(2)(b)
- F23
Art. 3(aa) substituted (E.W.) (31.3.2001) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2001 (S.I. 2001/1192), arts. 1(1), 4(2)
- F24
Art. 3(ab) omitted (E.W.) (30.11.2001) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (No. 2) Order 2001 (S.I. 2001/3816), arts. 1(1), 4(2)
- F25
Art. 3(1)(b) omitted (29.5.2013) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(d)
- F26
Art. 3(e)(f) inserted (E.W.) (31.3.2001) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2001 (S.I. 2001/1192), arts. 1(1), 4(3)
- F27
Art. 3(1)(ea) inserted (1.7.2014) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2014 (S.I. 2014/1707), arts. 1(2), 4(c)
- F28
Art. 3(1)(fa) inserted (1.9.2014) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2014 (S.I. 2014/1707), arts. 1(3), 4(d)
- F29
Art. 3(g) inserted (E.W.) (30.11.2001) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (No. 2) Order 2001 (S.I. 2001/3816), arts. 1(1), 4(4)
- F30
Words in art. 3(g) omitted (22.7.2007) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007 (S.I. 2007/2149), arts. 1, 4(2)(i)
- F31
Word in art. 3(g) omitted (22.7.2007) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007 (S.I. 2007/2149), arts. 1, 4(2)(ii)
- F32
Words in art. 3(g)(i) omitted (22.7.2007) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007 (S.I. 2007/2149), arts. 1, 4(3)
- F33
Art. 3(g) table substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 1(3)(b)
- F34
Words in art. 3(g) table inserted (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), regs. 1, 7(3) (with reg. 24)
- F35
Words in art. 3(1)(g) table substituted (28.11.2017) by virtue of The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 18(3)(a)(i) (with regs. 7(4), 9(1))
- F36
Words in art. 3(1)(g) table substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 18(3)(a)(ii) (with regs. 7(4), 9(1))
- F37
Words in art. 3(1)(g) table substituted (28.11.2017) by virtue of The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 18(3)(b)(i) (with regs. 7(4), 9(1))
- F38
Words in art. 3(1)(g) table substituted (28.11.2017) by virtue of The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 18(3)(b)(ii) (with regs. 7(4), 9(1))
- F39
Words in art. 3(1)(g) inserted (22.12.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(3)(4), 3
- F40
Art. 3(h) inserted (E.W.) (1.3.2002) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 (S.I. 2002/441), arts. 1(2), 3(4)
- F41
Words in art. 3(1)(h) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 30 (with art. 8, Sch. para. 43)
- F42
Art. 3(i) added (1.4.2003) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003 (S.I. 2003/965), arts. 1(1), 5
- F43
Words in art. 3(1)(i) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 1(2)(a)
- F44
Words in art. 3(1)(i) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 1(2)(b)
- F45
Art. 3(1)(j) revoked (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), reg. 1(2), Sch. Pt. 2
- F46
Art. 3(j)(k) added (26.6.2006) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2006 (S.I. 2006/2143), arts. 1(1), 4
- F47
Art. 3(1)(ja) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 28 (with reg. 5)
- F48
Words in art. 3(k) inserted (7.12.2006) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment No. 2) (England and Wales) Order 2006 (S.I. 2006/3290), arts. 1(1), 2(2)(a)
- F49
Words in art. 3(k) omitted (7.12.2006) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment No. 2) (England and Wales) Order 2006 (S.I. 2006/3290), arts. 1(1), 2(2)(b)
- F50
Art. 3(l) inserted (22.7.2007) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007 (S.I. 2007/2149), arts. 1, 4(4)
- F51
Words in art. 3(l) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 70 (with Pt. 4)
- F52
Art. 3(m)(n) inserted (7.7.2009) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009 (S.I. 2009/1818), arts. 1(2)(b), 4(2)
- F53
Art. 3(o) inserted (30.11.2011) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) (No.2) Order 2011 (S.I. 2011/2865), arts. 1(1), 2(2)
- F54
Art. 3(1)(p) inserted (21.1.2026) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2026 (S.I. 2026/41), arts. 1(2), 2(2)
- F55
Art. 3(2) inserted (29.5.2013) by The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (S.I. 2013/1198), arts. 1(3), 5(e)
Commencement
- I1
Art. 3 in force at 1.7.1975, see art. 1