Article 4 I1F1
England, Wales and Scotland
F3F4Subject to paragraph (2), neither paragraph (b) of section 4(3) of, nor paragraph 3(5) of Schedule 2 to, the Act shall apply in relation to—
the dismissal or exclusion of any person from any profession specified in Part I of Schedule 1 to this Order;
any office, employment or occupation specified in Part II F6of that Schedule apart from one specified in paragraph F71, 6, 16, 17, 18, 18A, 31, 32, 35 or 36 or in Part III of that Schedule apart from one specified in paragraph 1 or 8 or any other work specified in paragraph F812A, 13, F913A, 14, 14A, F1014AA, F1114B, 14C, F1214D, F1314E, F1414F, 20, 21, F15... F16... 40, 43 or 44 of Part II of the said Schedule 1;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19any decision by the FCA, the PRA or the Bank of England—
to refuse an application for F20Part 4A permission under the 2000 Act,
to vary or to cancel such permission (or to refuse to vary or cancel such permission) or to impose a requirement under F21section 55L, 55M or 55O of that Act or,
to make, or to refuse to vary or revoke, an order under section 56 of that Act (prohibition orders),
to refuse an application for F22... approval under section 59 of that Act or to withdraw such approval,
to refuse to make, or to revoke, an order declaring a unit trust scheme to be an authorised unit trust scheme under section 243 of the 2000 Act or to refuse to give its approval under section 251 of the 2000 Act to a proposal to replace the manager or trustee of such a scheme,
to give a direction under section 257 of the 2000 Act (authorised unit trust schemes), or to vary (or to refuse to vary or revoke) such a direction,
to refuse to make, or to revoke, an order declaring a contractual scheme to be an authorised contractual scheme under section 261D of the 2000 Act or to refuse to give its approval under section 261Q of the 2000 Act to a proposal to replace the operator or depositary of such a scheme,
to give a direction under section 261X of the 2000 Act or to vary (or to refuse to vary or revoke) such a direction,
to refuse to make, or to revoke, an authorisation order under regulation 14 of the Open-Ended Investment Companies Regulations 2001 or to refuse to give its approval under regulation 21 of those Regulations to a proposal to replace a director or to appoint an additional director of an open-ended investment company,
to give a direction to an open-ended investment company under regulation 25 of those Regulations or to vary (or refuse to vary or revoke) such a direction,
to refuse to make, or to revoke, a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act, F27to refuse to vary a recognition order under section 290ZA(1) of the 2000 Act, to vary a recognition order under section 290ZA(2) of the 2000 Act, F28to refuse to grant an authorisation of the sort referred to in section 290ZB(1)(a) of the 2000 Act, to withdraw an authorisation of the sort referred to in section 290ZB(1)(c) of the 2000 Act, or to give a direction to a UK recognised investment exchange F29, recognised clearing house or recognised CSD under section 296 F30or 296A of the 2000 Act,
to make, or to refuse to vary or to revoke, an order under section 329 (orders in respect of members of a designated professional body in relation to the general prohibition), F31...
to dismiss, fail to promote or exclude a person from being a key worker of F32the FCA or the PRA,
to refuse an application for registration as an authorised electronic money institution or a small electronic money institution under the Electronic Money Regulations 2011, F34...
to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of those Regulations,
to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of those Regulations,
in a case requiring any decision referred to in paragraphs (i) to (xvi), where the FCA, the PRA or the Bank of England has the function of deciding whether to give consent or conditional consent in relation to the decision which is proposed in that case, to give or refuse to give consent or to give conditional consent, or
in a case requiring any decision referred to in paragraphs (i) to (xvi), where the FCA, the PRA or the Bank of England has the power under the 2000 Act to direct another regulator as to the decision to be taken in that case, to decide whether to give a direction and, if a direction is to be given, what direction to give,
by reason of, or partly by reason of, a spent conviction of an individual F40..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint, an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction ..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
F41any decision of the FCA—
to refuse an application for listing under Part VI of the 2000 Act or to discontinue or suspend the listing of any securities under section 77 of that Act,
to refuse to grant a person’s application for approval as a sponsor under section 88 of the 2000 Act or to cancel such approval, F42...
to dismiss, fail to promote or exclude a person from being a key worker of F43the FCA in relation to the exercise of its functions under Part 6 of the 2000 Act, or
to refuse to grant a person’s application under information provider rules (within the meaning of section 89P(9) of the 2000 Act) for approval as a Primary information provider, to impose limitations or other restrictions on the giving of information to which such an approval relates or to cancel such an approval,
by reason of, or partly by reason of, a spent conviction of an individual ..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
any decision of anyone who is specified in any of sub-paragraphs 2 to 4 or 5 to 7 of the second column of the table in article 3(g), other than F45the FCA or the PRA, to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in the first column of that table (but not, where applicable, the status of being an associate of another person), by reason of, or partly by reason of, a spent conviction of that individual or of his associate ..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
any decision of anyone who is specified in sub-paragraph 8(a), 14(a) or 16(a) of the second column of the table in article 3(g) to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in sub-paragraph (b) of the first column of that table (associate), by reason of, or partly by reason of, a spent conviction of that individual ..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
any decision of the Council of Lloyd’s -
to refuse to admit any person as, or to exclude, an underwriting agent (within the meaning of section 2 of Lloyd’s Act 1982), where that person has, or who has applied for, F46Part 4A permission, or
to dismiss, or to exclude a person from being, an associate of the Council of Lloyd's,
by reason of, or partly by reason of, a spent conviction of an individual ..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
any decision of a UK recognised investment exchange F47, recognised clearing house or recognised CSD to refuse to admit any person as, or to exclude, a member by reason of, or partly by reason of, a spent conviction of an individual ..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
any decision by the relevant registration authority, as defined by section 5 of the Care Standards Act 2000, to refuse to grant an application for registration under Part 2 of that Act or to suspend or remove or refuse to restore a person’s registration under that Part of that Act;
any decision by the Welsh Ministers—
to refuse an application for registration under section 7 of the 2016 Act,
to refuse (under section 12 of the 2016 Act) an application made by a person under section 11(1)(a)(i) or (ii) of the 2016 Act to vary their registration,
to cancel a person’s registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act,
to vary a person’s registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act;
any decision of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills to refuse to grant a person’s application for registration as a childminder agency or to suspend, cancel or impose a condition on a person’s registration as a childminder agency under Part 3 of the Childcare Act 2006;
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;
any decision by the Security Industry Authority to refuse to grant a licence under section 8 of the Private Security Industry Act 2001, 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;
any decision by the Football Association F55, Football League or Football Association Premier League to refuse to approve a person 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 F56... section 4 of that Act.
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. 4 renumbered as art. 4(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), 8(a)
- F3
Words in art. 4 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), 5
- F4
Words in art. 4(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), 8(b)
- F5
Art. 4(b) substituted (E.W.) (31.3.2001) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2001 (S.I. 2001/1192), arts. 1(1), 5
- F6
Words in art. 4(1)(b) 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), 8(c)(i)
- F7
Word in art. 4(1)(b) 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)(c)
- F8
Words in art. 4(b) 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), 5
- F9
Word in art. 4(1)(b) 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(3)
- F10
Word in art. 4(1)(b) 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. 4(1)(b) 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), 5(a)
- F12
Word in art. 4(1)(b) 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), 5(b)
- F13
Word in art. 4(1)(b) 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. 4(1)(b) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 2 para. 1(3)
- F15
Words in art. 4(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), 8(c)(ii)
- F16
Word in art. 4(b) 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
Art. 4(1)(c) 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), 8(d)
- F18
Arts. 4(d)-(j) substituted for art. 4(d) (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), 5
- F19
Words in art. 4(d) 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(4)(a)(i)
- F20
Words in art. 4(d)(i) 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(4)(a)(ii)
- F21
Words in art. 4(d)(ii) 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(4)(a)(iii)
- F22
Words in art. 4(d)(iv) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 1(4)(a)(iv)
- F23
Art. 4(d)(via)(vib) inserted (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), regs. 1, 7(4) (with reg. 24)
- F24
Words in art. 4(1)(d)(ix) omitted (22.7.2013) by virtue of The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 2(3)(a)
- F25
Words in art. 4(1)(d)(ix) inserted (26.2.2024) by The Financial Services Act 2021 (Overseas Funds Regime and Recognition of Parts of Schemes) (Amendment and Modification) Regulations 2024 (S.I. 2024/114), regs. 2, 5(3)
- F26
Words in art. 4(1)(d)(ix) substituted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 2(3)(b)
- F27
Words in art. 4(d)(x) inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 28(4)(a)(ii) (with regs. 52-58)
- F28
Words in art. 4(1)(d)(x) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 18(4)(a)(i) (with regs. 7(4), 9(1))
- F29
Words in art. 4(1)(d)(x) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 18(4)(a)(ii) (with regs. 7(4), 9(1))
- F30
Words in art. 4(d)(x) inserted (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(4)(a)(v)
- F31
Word in art. 4(d) omitted (9.2.2011 for specified purposes, 30.4.2011 in so far as not already in force) by virtue of The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 1(2), Sch. 4 para. 7(c) (with reg. 3)
- F32
Words in art. 4(d)(xii) 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(4)(a)(vi)
- F33
Art. 4(d)(xiii)(xiv) inserted (9.2.2011 for specified purposes, 30.4.2011 in so far as not already in force) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 1(2), Sch. 4 para. 7(c) (with reg. 3)
- F34
Word in art. 4(d)(xiii) omitted (21.7.2011) by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2011 (S.I. 2011/1800), arts. 1(1), 2(4)(a)
- F35
Art. 4(d)(xv)(xvi) inserted (21.7.2011) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2011 (S.I. 2011/1800), arts. 1(1), 2(4)(b)
- F36
Words in art. 4(1)(d)(xv) inserted (13.10.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(3)(f)(ii)(6), Sch. 8 para. 6(b)(i) (with reg. 3)
- F37
Word in art. 4(1)(d)(xv) substituted (13.10.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(3)(f)(ii)(6), Sch. 8 para. 6(b)(ii) (with reg. 3)
- F38
Word in art. 4(d)(xv) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 1(4)(a)(vii)
- F39
Art. 4(d)(xvii)(xviii) inserted (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(4)(a)(viii)
- F40
Words in art. 4 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, 5(1)
- F41
Words in art. 4(f) 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(4)(b)(i)
- F42
Word in art. 4(f)(ii) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 1(4)(b)(ii)
- F43
Words in art. 4(f)(iii) 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(4)(b)(iii)
- F44
Art. 4(f)(iv) inserted (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(4)(b)(iv)
- F45
Words in art. 4(g) 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(4)(c)
- F46
Words in art. 4(i) 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(4)(d)
- F47
Words in art. 4(1)(j) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 18(4)(b) (with regs. 7(4), 9(1))
- F48
Art. 4(1)(ja) 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), 5(c)
- F49
Art. 4(1)(jb) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 1(3)
- F50
Arts. 4(k)-(m) 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), 7
- F51
Words in art. 4(1)(k) 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)
- F52
Words in art. 4(1)(k) 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)
- F53
Art. 4(1)(ka) 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), 5(d)
- F54
Art. 4(n) 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), 5
- F55
Words in art. 4(n) 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)
- F56
Words in art. 4(n) 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)
- F57
Art. 4(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), 8(e)
Modifications
- C1
Art. 4(1)(d)(ix) modified (26.2.2024) by The Financial Services Act 2021 (Overseas Funds Regime and Recognition of Parts of Schemes) (Amendment and Modification) Regulations 2024 (S.I. 2024/114), regs. 2, 6(3)
Commencement
- I1
Art. 4 in force at 1.7.1975, see art. 1