Draft Order laid before Parliament under section 10(2) of the Rehabilitation of Offenders Act 1974, for approval by resolution of each House of Parliament.
2003 No.
The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003
Made
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 4(4), 7(4) and 10(1) of the Rehabilitation of Offenders Act 19741, hereby makes the following Order, a draft of which has been laid before and approved by resolution of each House of Parliament:
Citation, commencement and extent1
1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003 and shall come into force on the day after the day on which it is made.
2
This Order extends to England and Wales only.
Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 19752
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 19752 is amended in accordance with the following provisions of this Order.
Amendment of article 23
In article 2(1), insert in the appropriate alphabetical positions—
- a
“Council” has the meaning given to it by section 54 of the Care Standards Act 20003;
- b
“taxi driver licence” means a licence granted under—
Amendment of article 3
4
In article 3(a)(ii), for the words “or 13”, substitute “, 13, 20 or 21”.
5
After article 3(h), add—
i
any question asked by or on behalf of the Council for the purpose of determining whether or not to grant an application for registration under Part IV of the Care Standards Act 2000, 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.
Amendment of article 4
6
In article 4(b), for the words “or 13”, substitute “, 13, 20 or 21”.
7
After article 4(j), add—
k
any decision by the Council to refuse to grant an application for registration under Part IV of the Care Standards Act 2000 or to suspend, remove or refuse to restore a person’s registration under that Part;
l
any decision to refuse to grant a taxi driver licence, to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;
m
any decision by the Security Industry Authority to refuse to grant a licence under section 8 of the Private Security Industry Act 20018, to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence) or to revoke such a licence.
Amendment of Schedule 1
8
In Part II of Schedule 1, after paragraph 19 add—
20
Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 20009.
21
Any employment or other work which is normally carried out in a hospital used only for the provision of high security psychiatric services.
9
In Part III of Schedule 1, delete paragraph 9.
10
In Part IV of Schedule 1—
a
insert, in the appropriate alphabetical position—
“high security psychiatric services” has the meaning given by section 4 of the National Health Service Act 197710;
b
delete the definition of “taxi driver”.
Amendment of Schedule 211
After paragraph 3 of Schedule 2, add—
4
Taxi driver licences.
5
Licences granted under section 8 of the Private Security Industry Act 2001.
Amendment of Schedule 3
12
For paragraph 16 of Schedule 3, substitute: “Proceedings relating to a taxi driver licence.”.
13
After paragraph 17 of Schedule 3, add—
18
Proceedings relating to registration under Part IV of the Care Standards Act 2000.
19
Proceedings under section 11 of the Private Security Industry Act 2001.
(This note is not part of the Order)