Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 and shall come into operation on 1st July 1979.

(2) In this Order “the Order” means the Rehabilitation of Offenders (Northern Ireland) Order 1978.

(3) Where, by virtue of this Order, the operation of any of the provisions of the Order is excluded in relation to spent convictions the exclusion shall be taken to extend to spent convictions for offences of every description.

(4) Part IV of Schedule 1 shall have effect for the interpretation of expressions used in that Schedule.

(5) In this Order a reference to any enactment shall be construed as a reference to that enactment as extended or applied by or under any enactment.

Exclusion of article 5(2) of the Order in relation to certain questions

2.  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 admission to any of the professions specified in Part I of Schedule 1; or

(ii) of the person to whom the question relates for any office or employment specified in Part II of Schedule 1; or

(iii) of the person to whom the question relates or of any other person to pursue any occupation specified in Part III of Schedule 1 or to pursue it subject to n particular condition or restriction; or

(iv) 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 Schedule 2 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;

(b) any question asked by or on behalf or 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 Civil Aviation Authority 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.

Exceptions from article 5(3)(b) of the Order in relation to certain professions, offices, employments, etc.

3.  Paragraph (b) of article 5(3) of the Order shall not apply in relation to—

(a) the dismissal or exclusion of any person from any profession specified in Part I of Schedule 1;

(b) any office, employment or occupation specified in Part II or Part III of the said Schedule 1;

(c) any action taken for the purpose of safeguarding national security or of protecting public safety or public order.

Exclusion of article 5(1) of the Order in relation to certain proceedings

4.  Article 5(1) of the Order shall not apply in relation to any proceedings specified in Schedule 3.

Humphrey Atkins

One of Her Majesty's Principal Secretaries of State

Northern Ireland Office

7th June 1979