The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2011

Made: 20th July 2011

Coming into force in accordance with article 1(1)

A draft of this Order was laid before Parliament and approved by resolution of each House of Parliament in accordance with section 10(2) of that Act.

Citation, commencement and extent

1

• (1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2011 and comes 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 1975

2

• (1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[^f00002] is amended as follows.

• (2) In article 2(1), at the appropriate places insert the following definitions—

• “authorised payment institution” has the meaning given by regulation 2(1) of the
• Payment Services Regulations 2009[^f00003];

• “payment services” has the meaning given by regulation 2(1) of the Payment Services Regulations 2009;

; and

• “small payment institution” has the meaning given by regulation 2(1) of the Payment Services Regulations 2009;

• (3) In article 3(g), in the table, at the end add[^f00004]—

• (4) In article 4(d)[^f00005]—

• (a) at the end of subparagraph (xiii) omit “or”;

• (b) after subparagraph (xiv) insert—

(xv) to refuse an application for registration as an authorised payment institution or a small payment institution under the Payment Services Regulations 2009, or (xvi) to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of those Regulations,

• (5) In Part 3 of Schedule 1 (regulated occupations)[^f00006], at the end add—

(12) A head of finance and administration of a licensed body. (13) A head of legal practice of a licensed body.

• (6) In Part 4 of Schedule 1 (interpretation)—

• (a) in the definition of “actuary”[^f00007], for “the Institute of Actuaries or a member or student of the Faculty of Actuaries” substitute “the Institute and Faculty of Actuaries”;

• (b) at the appropriate place insert the following definitions—

• “head of finance and administration of a licensed body” means an individual who is designated as head of finance and administration and whose designation isapproved in accordance withlicensing rules made under section 83 of, and paragraphs 13 and 14 ofSchedule 11 to,the Legal ServicesAct 2007[^f00008];
• “head of legal practice of a licensed body” means an individual who is designated as head of legal practice and whose designation is approved in accordance with licensing rules made under section 83 of, andparagraphs 11 and 12 ofSchedule 11 to,the Legal Services Act 2007;

Signed

Signed by authority of the Secretary of State

McNally — Minister of State — Ministry of Justice — 20th July 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (“the 1975 Order”) so as: (a) to permit the Financial Services Authority to take spent convictions and cautions into account when exercising certain functions under the Payment Services Regulations 2009; and (b) to permit spent convictions and cautions to be taken into account for the purpose of considering the suitability of a person for appointment asa Head of Legal Practice orHead of Finance and Administration of a body licensed under Part 5 (alternative business structures) of the Legal Services Act 2007.

It also amends the definition of “actuary” in Schedule 1 to the 1975 Order to reflect the merger of the Institute of Actuaries and the Faculty of Actuaries.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.

Footnotes

[^f00001]: 1974 c.53. Schedule 2 was inserted by Schedule 10 to the Criminal Justice and Immigration Act 2008 (c.4).

[^f00002]: S.I. 1975/1023.

[^f00003]: S.I. 2009/209.

[^f00004]: A relevant amending instrument is S.I. 2011/99.

[^f00005]: A relevant amending instrument is S.I. 2011/99.

[^f00006]: A relevant amending instrument is S.I. 2009/1818.

[^f00007]: S.I. 2002/441 inserted the definition of “actuary”.

[^f00008]: 2007 c. 29.