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4. For Article 5 there shall be substituted the following Article:—
“5.—(1) Section 4(1) of the Act shall not
(a)apply in relation to any proceedings specified in Schedule 3 to this Order;
(b)apply in relation to any proceedings specified in paragraph (2) below to the extent that there falls to be determined therein any issue relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto;
(c)prevent, in any proceedings specified in paragraph (2) below, the admission or requirement of any evidence relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto.
(2) The proceedings referred to in paragraph (1) above are—
(a)any proceedings before the Building Societies Commission—
(i)on an application for authorisation;
(ii)for the revocation of authorisation, or
(iii)for the imposition of conditions on authorisations, as to the conditions imposed or as to their revocation; and
(b)any proceedings by way of appeal against, or review of, any decision taken by the said Commission following any proceedings falling within sub-paragraph (a) above.”.
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