The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (“the 1975 Order”).

The 1975 Order disapplies specified provisions of the Rehabilitation of Offenders Act 1974 (“the 1974 Act”) which would otherwise prevent a person from having to disclose a spent conviction or caution and protect that person from being prejudiced by that conviction or caution or any failure to disclose it.

Article 2 of this Order amends Schedule 1 to the 1975 Order by adding new paragraphs to Part 1 (professions) to cover chartered management accountants and notaries public of England and Wales and Part 2 (offices, employment and work) to cover fire and rescue authority employees, and specified justice system intermediaries. These amendments mean that a person’s spent convictions and cautions may be taken into account when assessing a person’s suitability to engage in such work.

Article 2(4)(e) is a tidying up amendment as it omits the definitions of “proprietor” and “independent school” as these terms are no longer used in the 1975 Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.