OpenLegislation

Article 3ZA F1F2

Original text. Later amendments are not shown.

Neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to, the Act applies in relation to—

(a)

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—

(i)

of the person to whom the question relates for an office or employment specified in paragraph F31, 6, 16, 17, 18, 18A, 31, 32, 35 or 36 of Part II of that Schedule or for any other work specified in paragraph 35 or 36 of that Part of that Schedule; or

(ii)

of the person to whom the question relates or of any other person to pursue an occupation specified in paragraph 1 or 8 of Part III of that Schedule or to pursue it subject to a particular condition or restriction; or

(iii)

of the person to whom the question relates or of any other person to hold a licence, certificate or permit of a kind specified in F4paragraph 1, 3 or 6 of Schedule 2 to this Order or to hold it subject to a particular condition or restriction,

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; F5...

C1(b)

any question asked by or on behalf of any person, in the course of his duties as a person employed in the service of the Crown, the United Kingdom Atomic Energy Authority or the FCA or the PRA in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment 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 for the purpose of safeguarding national security;F6and

(c)

any question asked by or on behalf of the Victims' Payments Board, where—

(i)

an application for payments under the Victims' Payment Regulations 2020 has been made;

(ii)

the question relates to the person whose disablement the application concerns, and

(iii)

the question is asked in order to assess whether regulation 6(1) (convictions) of the Victims' Payment Regulations 2020 excludes the person from entitlement to payments.

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. 3ZA 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), 6

F3

Word in art. 3ZA(a)(i) 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)(b)

F4

Words in art. 3ZA(a)(iii) substituted (2.9.2014) by The Control of Explosives Precursors Regulations 2014 (S.I. 2014/1942), regs. 1(1), 17(3)

F5

Word in art. 3ZA(a) omitted (29.5.2020) by virtue of The Victims' Payments Regulations 2020 (S.I. 2020/103), reg. 1(3), Sch. 3 para. 2(2)(a)

F6

Art. 3ZA(c) and word inserted (29.5.2020) by The Victims' Payments Regulations 2020 (S.I. 2020/103), reg. 1(3), Sch. 3 para. 2(2)(b)

Modifications

C1

Art. 3ZA(b) modified (10.3.2016) by The National Assembly for Wales Commission (Crown Status) Order 2016 (S.I. 2016/159), arts. 1(2), 2(2)