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The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2019

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023) (“the 1975 Order”). The 1975 Order disapplies specified provisions of the Rehabilitation of Offenders Act 1974 (c. 53) so as to permit questions to be asked about spent convictions and cautions in order to assess a person’s suitability for admission to certain occupations or to hold certain types of employment, but also to ask questions about spent convictions in certain proceedings.

Article 2 of this Order amends the 1975 Order by adding a new paragraph to Schedule 3 (excepted proceedings) to cover proceedings before an inquiry where the disclosure of spent convictions is necessary to allow that Inquiry to fulfil its terms of reference under the Inquiries Act 2005 (c. 12).

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.

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