The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

Licences granted under section 8 of the Private Security Industry Act 2001.

18

Proceedings relating to registration under Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016.

19

Proceedings under section 11 of the Private Security Industry Act 2001.

18

Home inspector.

18A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

An individual designated under section 2 of the Traffic Management Act 2004.

23

Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981.

24

Court officers and court contractors, who in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings.

25

Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary.

26

Court officers and court contractors, who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court.

27

Court security officers, and tribunal security officers.

28

Court contractors, who, in the course of their work, have unsupervised access to court-houses, offices and other accommodation used in relation to the courts.

29

Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals.

30

The following persons—

• (a) Court officers who execute county court warrants;

• (b) High Court enforcement officers;

• (c) sheriffs and under-sheriffs;

• (d) tipstaffs;

• (e) any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d);

• (f) persons who execute writs of sequestration;

• (g) civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980 ;

• (h) persons who are authorised to execute warrants under section 125B(1) of the Magistrates’ Courts Act 1980 , and any other person, (other than a constable), who is authorised to execute a warrant under section 125(2) of the 1980 Act;

• (i) persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 to the Courts Act 2003.

31

The Official Solicitor and his deputy.

32

Persons appointed to the office of Public Trustee or deputy Public Trustee, and officers of the Public Trustee.

33

Court officers and court contractors who exercise functions in connection with the administration and management of funds in court including the deposit, payment, delivery and transfer in, into and out of any court of funds in court and regulating the evidence of such deposit, payment, delivery or transfer and court officers and court contractors, who receive payments in pursuance of a conviction or order of a magistrates’ court.

20

Proceedings before the Parole Board.

21

Proceedings under section 7D of the Criminal Injuries Compensation Act 1995.

22

The following proceedings under the Proceeds of Crime Act 2002–

• (a) proceedings under Chapter 2 of Part 5;

• (b) proceedings pursuant to a notice under section 317(2);

• (c) proceedings pursuant to an application under Part 8 in connection with a civil recovery investigation (within the meaning of section 341).

23

Proceedings brought before the Football Association , Football League or Football Association Premier League against a decision taken by the body before which the proceedings are brought to refuse to approve a person as able to undertake, in the course of acting as a steward at a sports ground at which football matches are played or as a supervisor or manager of such a person, licensable conduct within the meaning of the Private Security Industry Act 2001 without a licence issued under that Act, in accordance with ... section 4 of that Act.

8A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

People working in the Department for Education, the Office for Standards in Education, Children’s Services and Skills ... with access to sensitive or personal information about children ....

35

Any office, employment or other work which is concerned with the establishment or operation of a database under section 12 of the Children Act 2004, and which is of such a kind as to enable the holder of that office or employment, or the person engaged in that work, to have access to information included in the database.

36

Any office, employment or other work which is of such a kind that the person is or may be permitted or required to be given access to a database under section 12 of the Children Act 2004.

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

The chairman, other members, and members of staff (including any person seconded to serve as a member of staff) of the Disclosure and Barring Service , and any other work in the Disclosure and Barring Service.

39

Staff working within the Public Guardianship Office, (to be known as the Office of the Public Guardian from October 2007), with access to data relating to children and vulnerable adults.

40

The Commissioner for Older People in Wales, and his deputy, and any person appointed by the Commissioner to assist him in the discharge of his functions or authorised to discharge his functions on his behalf.

41

The Commissioners for the Gambling Commission and any office or employment in their service.

42

Individuals seeking authorisation from the Secretary of State for the Home Department to become authorised search officers.

43

Any employment or other work where the normal duties

• (a) involve caring for, training, supervising, or being solely in charge of, persons aged under 18 serving in the naval, military or air forces of the Crown; or

• (b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a).

10

Approved legal services body manager.

6

• (1) Neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to, the Act applies to a question to which paragraph (2) applies.

• (2) This paragraph applies to a question asked by or on behalf of any person in the course of that person’s office or employment in the Channel Islands or the Isle of Man in order to assess the suitability of the person to whom the question relates for any purposes referred to in article 3 , 3ZA or 3A, where—

• (a) the person asking the question states that a corresponding question and purpose are also provided for in—

• (i) the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002 (“the Jersey Regulations”);

• (ii) the Rehabilitation of Offenders (Bailiwick of Guernsey) Law 2002 (Commencement, Exclusions and Exceptions) Ordinance 2006 (“the Guernsey Ordinance”); or

• (iii) the Rehabilitation of Offenders Act 2001 (Exceptions) Order 2001 (“the Isle of Man Exceptions Order”), and

• (b) the person questioned is one to whom article 3 or 3A would apply in relation to the caution or conviction in question, or paragraph 3ZA would apply, and is informed at the time the question is asked that spent convictions are to be disclosed.

• (3) Neither subsection (1) or (3) of section 4 of, nor paragraph 3(1) or (5) of Schedule 2 to, the Act apply to a question to which paragraph (4) applies.

• (4) This paragraph applies to a question asked by or on behalf of any person in the course of that person’s office or employment in the Channel Islands or the Isle of Man in respect of a case or class of case and conviction specified in article 4 or 4ZA or for a purpose mentioned in article 5, where the person asking the question states that the Jersey Regulations or the Guernsey Ordinance or the Isle of Man Exceptions Order provides for a corresponding case or class of case and conviction or a corresponding purpose, and the person questioned is a person to whom article 4 or 4ZA would apply in relation to the caution or conviction in question, or article 5 would apply.

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12A

Any work which is regulated activity relating to vulnerable adults within the meaning of Part 2 of Schedule 4 to the 2006 Act including that Part as it had effect immediately before the coming into force of section 66 of the Protection of Freedoms Act 2012.

14A

Any work which is regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the 2006 Act including that Part as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012.

3A

• (1) Subject to paragraph (1A), neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to, the Act applies to a question to which paragraph (2) or (3) applies.

• (1A) Paragraph (1) does not apply in relation to a protected caution or a protected conviction.

• (2) This paragraph applies to any question asked by or on behalf of any person (“A”), in the course of the duties of A’s office or employment, in order to assess the suitability of the person to whom the question relates (“B”) for any work which is a controlled activity relating to children within the meaning of section 21 of the 2006 Act as it had effect immediately before the coming into force of section 68 of the Protection of Freedoms Act 2012, where the person questioned is told at the time the question is asked, that by virtue of this Order, spent convictions are to be disclosed but only if that person knows that B—

• (a) is a person barred from regulated activity relating to children within the meaning of section 3(2) of the 2006 Act;

• (b) is included in the list kept under section 1 of the Protection of Children Act 1999; or

• (c) is subject to a direction made under section 142 of the Education Act 2002.

• (3) This paragraph applies to any question asked by or on behalf of any person (“A”), in the course of the duties of A’s office or employment, in order to assess the suitability of the person to whom the question relates (“B”) for any work which is a controlled activity relating to vulnerable adults within the meaning of section 22 of the 2006 Act as it had effect immediately before the coming into force of section 68 of the Protection of Freedoms Act 2012, where the person questioned is told at the time the question is asked, that by virtue of this Order, spent convictions are to be disclosed but only if that person knows that B—

• (a) is a person barred from regulated activity relating to vulnerable adults within the meaning of section 3(3) of the 2006 Act; or

• (b) is included in the list kept under section 81 of the Care Standards Act 2000.

12

A head of finance and administration of a licensed body.

13

A head of legal practice of a licensed body.

4A

• (1) Section 4(2) of the Act shall not apply to a question asked by or on behalf of any person, in the course of the duties of the person’s office or employment, in order to assess whether the person to whom the question relates is disqualified by reason of section 66(3)(c) of the 2011 Act from being elected as, or being, a police and crime commissioner.

• (2) Section 4(3)(a) of the Act shall not apply in relation to any obligation to disclose any matter if the obligation is imposed in order to assess whether a person is disqualified by reason of section 66(3)(c) of the 2011 Act from being elected as, or being, a police and crime commissioner.

• (3) Section 4(3)(b) of the Act shall not apply in relation to the disqualification of a person from being elected as, or being, a police and crime commissioner under section 66(3)(c) of the 2011 Act.

• (4) In this article—

• “the 2011 Act” means the Police Reform and Social Responsibility Act 2011; and

• “police and crime commissioner” means a police and crime commissioner established under section 1 of the 2011 Act.

2A

• (1) For the purposes of this Order, a caution is a protected caution if ...

• (a) ... the person was under 18 years at the time the caution was given, ...; or

• (b) where the person was 18 years or over at the time the caution was given , it was given to the person for an offence other than a listed offence, and, six years or more have passed since the date on which the caution was given.

• (2) For the purposes of this Order, a person’s conviction is a protected conviction if the conditions in paragraph (3) are satisfied and—

• (a) where the person was under 18 years at the time of the conviction, five years and six months or more have passed since the date of the conviction; or

• (b) where the person was 18 years or over at the time of the conviction, 11 years or more have passed since the date of the conviction.

• (3) The conditions referred to in paragraph (2) are that—

• (a) the offence of which the person was convicted was not a listed offence; and

• (b) no sentence mentioned in paragraph (4) was imposed in respect of the conviction. ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The sentences referred to in paragraph (3)(b) are—

• (a) a custodial sentence, and

• (b) a sentence of service detention,

within the meaning of section 5(8) of the Act, as to be substituted by section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (5) In paragraphs (1) and (3)(a) “listed offence” means—

• (a) an offence under section 67(1A) of the Medicines Act 1968;

• (b) an offence under any of sections 126 to 129 of the Mental Health Act 1983;

• (c) an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;

• (d) an offence specified in Schedule 15 to the Criminal Justice Act 2003;

• (e) an offence under section 44 of, or under paragraph 4 of Schedule 1 or paragraph 4 of Schedule 4 to, the Mental Capacity Act 2005;

• (f) an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006;

• (g) an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008, apart from an offence under section 76 of that Act;

• (h) an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;

• (i) an offence specified in Schedule 2 or 3 of the Childcare (Disqualification) Regulations 2009;

• (j) an offence superseded (whether directly or indirectly) by any offence falling within paragraphs (a) to (i);

• (k) an offence of—

• (i) attempting or conspiring to commit any offence falling within paragraphs (a) to (j), or

• (ii) inciting or aiding, abetting, counselling or procuring the commission of any such offence,

or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;

• (l) an offence under the law of Scotland or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence under the law of England and Wales falling within paragraphs (a) to (k);

• (m) an offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence falling within paragraphs (a) to (k); or

• (n) an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence falling within paragraphs (a) to (k).

3ZA

Neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to, the Act applies 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 an office or employment specified in paragraph 1, 6, 16, 17, 18, 18A, 31, 32, 35 or 36 of Part II of that Schedule or for any other work specified in paragraph 35 or 36 of that Part of that Schedule; or

• (ii) of the person to whom the question relates or of any other person to pursue an occupation specified in paragraph 1 or 8 of Part III of that Schedule or to pursue it subject to a particular condition or restriction; or

• (iii) 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 paragraph 1, 3 or 6 of Schedule 2 to this Order 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 of any person, in the course of his duties as a person employed in the service of the Crown, the United Kingdom Atomic Energy Authority or the FCA or the PRA in order to assess, for the purpose of safeguarding national security, 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;and

• (c) any question asked by or on behalf of the Victims' Payments Board, where—

• (i) an application for payments under the Victims' Payment Regulations 2020 has been made;

• (ii) the question relates to the person whose disablement the application concerns, and

• (iii) the question is asked in order to assess whether regulation 6(1) (convictions) of the Victims' Payment Regulations 2020 excludes the person from entitlement to payments.

4ZA

Neither paragraph (b) of section 4(3) of, nor paragraph 3(5) of Schedule 2 to, the Act applies in relation to—

• (a) any office, employment or occupation specified in paragraph 1, 6, 16, 17, 18, 18A, 31, 32, 35 or 36 of Part II of that Schedule or paragraph 1 or 8 of Part III of that Schedule or any other work specified in paragraph 35 or 36 of Part II of that Schedule;

• (b) any action taken for the purpose of safeguarding national security.

6A

Persons employed for the purposes of, or to assist the constables of, a police force established under any enactment.

11A

Proceedings in respect of an application for, or suspension or cancellation of, registration in respect of a regulated activity under Part 1 of the Health and Social Care Act 2008.

14B

Any employment or other work that is carried out at a children’s home or residential family centre.

14C

Any employment or other work which is carried out for the purposes of an adoption service, an adoption support agency, a voluntary adoption agency, a fostering service or a fostering agency and which is of such a kind as to enable a person, in the course of his normal duties, to have contact with children or access to sensitive or personal information about children.

14

CILEx approved manager.

17A

Proceedings relating to registration under Part II of the Care Standards Act 2000.

14D

Any employment or office which is concerned with the management of a childminder agency or any work for a childminder agency which is of such a kind as to require the person engaged in that work to enter day care premises or premises on which child minding is provided and as to enable the person, in the course of his normal duties, to have contact with children for whom child minding or day care is provided or access to sensitive or personal information about children for whom childminding or day care is provided.

6

Licences granted under section 4A of the Poisons Act 1972.

19A

Proceedings relating to the grant, amendment, variation, suspension or revocation of a licence under section 4A of the Poisons Act 1972.

13A

Any employment or other work in England or Wales concerned with—

• (a) the investigation of fraud, corruption or other unlawful activity affecting the national health service, or

• (b) security management in the national health service,

where “the national health service” means, in respect of England, the health service continued under section 1(1) of the National Health Service Act 2006 and, in respect of Wales, that continued under section 1(1) of the National Health Service (Wales) Act 2006.

14AA

Any work done infrequently which, if done frequently, would be regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the 2006 Act including that Part as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012.

14E

The Director General, or any member or member of staff, of the Independent Office for Police Conduct who in the course of his normal duties—

• (a) has contact with vulnerable adults; or

• (b) has access to sensitive or personal information about children or vulnerable adults.

17B

Proceedings relating to registration under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

24

Proceedings before an inquiry caused to be held under section 1 of the Inquiries Act 2005 for the purposes of fulfilling the terms of reference of that inquiry.

25

Proceedings to determine whether regulation 6(1) (convictions) of the Victims' Payment Regulations 2020 excludes a person from entitlement to payments under those regulations.

14F

The Service Police Complaints Commissioner, or any member of the Commissioner’s staff who in the course of their normal duties—

• (a) has contact with vulnerable adults; or

• (b) has access to sensitive or personal information about children or vulnerable

adults.

19

Chartered management accountant.

45

Fire and rescue authority employees.

46

Justice system intermediaries who are commissioned on behalf of His Majesty’s Government through an approved scheme or contracted service in force, such as the Ministry of Justice Witness Intermediary Scheme or His Majesty’s Courts and Tribunals Service Appointed Intermediary Services.

47

Any employment which is concerned with the delivery of electronic monitoring and field services by a contractor in accordance with arrangements made by the Secretary of State under section 3 of the Offender Management Act 2007.

48

Registered health care professionals employed or engaged by—

• (a) the Secretary of State for Work and Pensions;

• (b) contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions.

7

Licences granted under regulations made under section 2 of the Pedicabs (London) Act 2024.