OpenLegislation

Article 6 F1F2

Original text. Later amendments are not shown.

(1)

Neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to, the Act applies to a question to which paragraph (2) applies.

(2)

This paragraph applies to a question asked by or on behalf of any person in the course of that person’s office or employment in the Channel Islands or the Isle of Man in order to assess the suitability of the person to whom the question relates for any purposes referred to in article 3 F3, 3ZA or 3A, where—

(a)

the person asking the question states that a corresponding question and purpose are also provided for in—

(i)

the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002 (“the Jersey Regulations”);

(ii)

the Rehabilitation of Offenders (Bailiwick of Guernsey) Law 2002 (Commencement, Exclusions and Exceptions) Ordinance 2006 (“the Guernsey Ordinance”); or

(iii)

the Rehabilitation of Offenders Act 2001 (Exceptions) Order 2001 (“the Isle of Man Exceptions Order”), and

(b)

the person questioned is one to whom article 3 or 3A would apply F4in relation to the caution or conviction in question, or paragraph 3ZA would apply, and is informed at the time the question is asked that spent convictions are to be disclosed.

(3)

Neither subsection (1) or (3) of section 4 of, nor paragraph 3(1) or (5) of Schedule 2 to, the Act apply to a question to which paragraph (4) applies.

(4)

This paragraph applies to a question asked by or on behalf of any person in the course of that person’s office or employment in the Channel Islands or the Isle of Man in respect of a case or class of case and conviction specified in article 4 F5or 4ZA or for a purpose mentioned in article 5, where the person asking the question states that the Jersey Regulations or the Guernsey Ordinance or the Isle of Man Exceptions Order provides for a corresponding case or class of case and conviction or a corresponding purpose, and the person questioned is a person to whom F6article 4 or 4ZA would apply in relation to the caution or conviction in question, or article 5 would apply.

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. 6 substituted (31.3.2010) by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2010 (S.I. 2010/1153), arts. 1(2), 4

F3

Word in art. 6(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), 10(2)(a)

F4

Words in art. 6(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), 10(2)(b)

F5

Words in art. 6(4) 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), 10(3)(a)

F6

Words in art. 6(4) substituted (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), 10(3)(b)