Financial Services Act 1986 (Repealed)

189 Restriction of Rehabilitation of Offenders Act 1974. U.K.

(1) The M1 Rehabilitation of Offenders Act 1974 shall have effect subject to the provisions of this section in cases where the spent conviction is for—

(a) an offence involving fraud or other dishonesty; or

(b) an offence under legislation (whether or not of the United Kingdom) relating to companies F1 . . ., building societies, industrial and provident societies, credit unions, friendly societies, insurance, banking or other financial services, insolvency, consumer credit or consumer protection [F2 or insider dealing].

(2) Nothing in section 4(1) (restriction on evidence as to spent convictions in proceedings) shall prevent the determination in any proceedings specified in Part I of Schedule 14 to this Act of any issue, or prevent the admission or requirement in any such proceedings of any evidence, relating to a person’s previous convictions for any such offence as is mentioned in subsection (1) above or to circumstances ancillary thereto.

(3) A conviction for any such offence as is mentioned in subsection (1) above shall not be regarded as spent for the purposes of section 4(2) (questions relating to an individual’s previous convictions) if—

(a) the question is put by or on behalf of a person specified in the first column of Part II of that Schedule and relates to an individual (whether or not the person questioned) specified in relation to the person putting the question in the second column of that Part; and

(b) the person questioned is informed when the question is put that by virtue of this section convictions for any such offence are to be disclosed.

(4) Section 4(3)(b) (spent conviction not to be ground for excluding person from office, occupation etc.) shall not prevent a person specified in the first column of Part III of that Schedule from taking such action as is specified in relation to that person in the second column of that Part by reason, or partly by reason, of a spent conviction for any such offence as is mentioned in subsection (1) above of an individual who is—

(a) the person in respect of whom the action is taken;

(b) as respects action within paragraph 1 or 4 of that Part, an associate of that person; or

(c) as respects action within paragraph 1 of that Part consisting of a decision to refuse or revoke an order declaring a collective investment scheme to be an authorised unit trust scheme or a recognised scheme, the operator or trustee of the scheme or an associate of his,

or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

(5) Parts I, II and III of that Schedule shall have effect subject to Part IV.

(6) In this section and that Schedule “associate” means—

(a) in relation to a body corporate, a director, manager or controller;

(b) in relation to a partnership, a partner or manager;

(c) in relation to a [F3 registered] friendly society, a trustee, manager or member of the committee of the society;

(d) in relation to an unincorporated association, a member of its governing body or an officer, manager or controller;

(e) in relation to an individual, a manager.

(7) This section and that Schedule shall apply to Northern Ireland with the substitution for the references to the said Act of 1974 and section 4(1), (2) and (3)(b) of that Act of references to the M2 Rehabilitation of Offenders (Northern Ireland) Order 1978 and Article 5(1), (2) and (3)(b) of that Order.

Textual Amendments

F1 Words in s. 189(1)(b) repealed (1.3.1994) by 1993 c. 36, s. 79(13)(14), Sch. 5 para. 11, Sch. 6 Pt.I; S.I. 1994/242, art. 2, Sch. Appendix

F2 Words in s. 189(1)(b) inserted (1.3.1994) by 1993 c. 36, s. 79(13), Sch. 5 para.11; S.I. 1994/242, art. 2, Sch.

F3 Word in s. 189(6)(c) repealed (prosp.) by virtue of Friendly Societies Act 1992 (c. 40), s. 98, Sch. 22 Pt.I (with ss. 7(5), 93(4)) (where the repeal is expressed to be in s. 189(5)(c)).

Modifications etc. (not altering text)

C1 S. 189 continued (1.12.2001) by S.I. 2001/3650, art. 16(1)(a)

C2 S. 189 continued (S.) (with modifications) (temp. from 1.12.2001) by S.I. 2001/3640, arts. 1(2), 3(1)

C3 S. 189 amended (12.2.1992) by S.I. 1992/225, reg. 115.

S. 189 amended (temp. from 3.9.2001 until 1.12.2001) by S.I. 2001/2659, art. 6(1); S.I. 2001/3538, art. 2(1)

Marginal Citations

M1 1974 c. 53.

M2 1978/1908 (N.I. 27).