The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007

Amendments to Schedule 1

7.  In Part II of Schedule 1, after paragraph 33 insert–

“34.   People working in the Department for Education and Skills, the Office for Standards in Education, Children’s Services and Skills(1) or in the Government Offices for the English Regions with access to sensitive or personal information about children or vulnerable adults.

35.   Any office, employment or other work which is concerned with the establishment or operation of a database under section 12 of the Children Act 2004(2), and which is of such a kind as to enable the holder of that office or employment, or the person engaged in that work, to have access to information included in the database.

36.   Any office, employment or other work which is of such a kind that the person is or may be permitted or required to be given access to a database under section 12 of the Children Act 2004.

37.   Any work which is normally concerned with the provision of any form of information, advice or guidance wholly or mainly to children which relates to their physical, emotional or educational well-being and is provided by means of telephone or other form of electronic communication including the internet and mobile telephone text messaging.

38.   The chairman, other members, and members of staff (including any person seconded to serve as a member of staff) of the Independent Barring Board(3).

39.   Staff working within the Public Guardianship Office, (to be known as the Office of the Public Guardian from October 2007)(4), with access to data relating to children and vulnerable adults.

40.   The Commissioner for Older People in Wales(5), and his deputy, and any person appointed by the Commissioner to assist him in the discharge of his functions or authorised to discharge his functions on his behalf.

41.   The Commissioners for the Gambling Commission(6) and any office or employment in their service.

42.   Individuals seeking authorisation from the Secretary of State for the Home Department to become authorised search officers.

43.   Any employment or other work where the normal duties

(a) involve caring for, training, supervising, or being solely in charge of, persons aged under 18 serving in the naval, military or air forces of the Crown; or

(b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a).”

(1)

The Office for Standards in Education, Children’s Services and Skills is established by section 112 of the Education and Inspections Act 2006 (c.40).

(2)

2004 c.31.

(3)

The Independent Barring Board is established by section 1 of the Safeguarding Vulnerable Groups Act 2006 (c.47). Section 1 is not yet in force.

(4)

The Public Guardianship Office is an Executive Agency of the Ministry of Justice, and was established in 2001. The Office of the Public Guardian is established by section 57 of the Mental Capacity Act 2005 (c.9).

(5)

The Commissioner for Older People in Wales is established by section 1 of the Commissioner for Older People (Wales) Act 2006 (c.30).

(6)

The Gambling Commission is established by section 20 of the Gambling Act 2005 (c.19).