Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

Justice written question – answered on 17th June 2011.

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Photo of Sadiq Khan Sadiq Khan Shadow Lord Chancellor and Shadow Secretary of State for Justice, Shadow Lord Chancellor and Shadow Secretary of State for Justice

To ask the Secretary of State for Justice which occupations are exempted under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended.

Photo of Crispin Blunt Crispin Blunt Parliamentary Under-Secretary (Ministry of Justice) (Prisons and Probation)

Part III of schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 lists those occupations that are exempt from the Rehabilitation of Offenders Act 1974 ('Act'). Subsequent orders have since been made that add to and amend the list of occupations included in this schedule and can be found in the relevant years' Exceptions Order. The following is a consolidated list of current occupations in the Exceptions Order:

1. Firearms dealer

2. Any occupation in respect of which an application to the Gaming Board for Great Britain for a licence, certificate or registration is required by or under any enactment.

3. Any occupation which is concerned with:

(a) the management of a place in respect of which the approval of the Secretary of State is required by section 1 of the Abortion Act 1967; or

(b) in England and Wales, carrying on a nursing home in respect of which registration is required by section 187 of the Public Health Act 1936 or section 14 of the Mental Health Act 1959; or

(c) in Scotland, carrying on a nursing home in respect of which registration is required under section 1 of the Nursing Homes Registration (Scotland) Act 1938 or a private hospital in respect of which registration is required under section 15 of the Mental Health (Scotland) Act 1960.

4. Any occupation which is concerned with carrying on an establishment in respect of which registration is required by section 37 of the National Assistance Act 1948 or section 61 of the Social Work (Scotland) Act 1968.

5. Any occupation in respect of which the holder, as occupier of premises on which explosives are kept, is required pursuant to regulations 4 and 7 of the Control of Explosives Regulations 1991 to obtain from the chief officer of police a valid explosives certificate certifying him to be a fit person to acquire or acquire and keep explosives

6. Approved legal services body manager.

7. A regulated immigration adviser.

The Exceptions Order also lists those professions, offices, employment, licences, certificates, permits and proceedings that are exempt from the operation of the Act.

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