Article 6 Insertion of new Article 2A

After Article 2 insert—

“2A.

None of the provisions of Article 5(2) of the Order shall apply 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 4, 15, 16, 17 or 19 of Part II of Schedule 1 to this Order or for any work specified in paragraph 15,16, 17 or 19 of Part II of said Schedule 1;

(ii)

of the person to whom the question relates or of any other person to pursue an occupation specified in paragraph 1 or 9 of Part III of Schedule 1 to this Order 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 paragraph 1 or 4 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; or

(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, the FCA, the PRA or the Post Office corporation in order to assess, for the purpose of safeguarding national security or of protecting public safety or public order, 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 or of protecting public safety or public order.”