Title and introductory text
2014 No. 1707
Rehabilitation Of Offenders, England And Wales
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2014
Made
30th June 2014
Coming into force in accordance with article 1
The Secretary of State makes this Order in exercise of the powers conferred by sections 4(4), 7(4) and 10(1) of, and paragraphs 4 and 6(4) of Schedule 2 to, the Rehabilitation of Offenders Act 1974.
A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 10(2) of that Act.
Propose a change1 Citation, commencement and extent
(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2014.
(2) Subject to paragraph (3) this Order comes into force on the day after the day on which this Order is made.
(3) Articles 3(b), 4(b) and (d), 5(b) and (d) and 6(b)(iii) come into force on 1st September 2014.
(4) This Order extends to England and Wales only.
Propose a change2 Amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is amended as follows.
Propose a change3 Amendments to article 2
In article 2(1)—
(a) for the definition of “adoption agency” substitute—
“adoption agency” has the meaning given by section 2(1) of the Adoption and Children Act 2002;
“adoption service” means the discharge by a local authority in England or Wales of relevant adoption functions within the meaning of section 43(3)(a) of the Care Standards Act 2000;
“adoption support agency” has the meaning given by section 8 of the Adoption and Children Act 2002;
;
(b) after the definition of “authorised payment institution” insert—
“childminder agency” has the meaning given in section 98(1) of the Childcare Act 2006;
;
(c) after the definition of “child minding” insert—
“children’s home” has the meaning given by section 1 of the Care Standards Act 2000;
;
(d) after the definition of “the FCA” insert—
“fostering agency” has the meaning given by section 4(4) of the Care Standards Act 2000;
“fostering service” means the discharge by a local authority in England or Wales of relevant fostering functions within the meaning of section 43(3)(b) of the Care Standards Act 2000;
;
(e) after the definition of “relevant collective investment scheme” insert—
“residential family centre” has the meaning given by section 4(2) of the Care Standards Act 2000;
;
(f) after the definition of “UK recognised investment exchange” insert—
“voluntary adoption agency” has the meaning given by section 4(7) of the Care Standards Act 2000;
; and
(g) in the definition of “work with children” for “or 14A” substitute “, 14A, 14B or 14C”.
Propose a change4 Amendments to article 3
In article 3(1)—
(a) in sub-paragraph (a)(ii), after “14A,” insert “14B, 14C,”;
(b) in sub-paragraph (a)(ii), after “14C,” insert “14D,”;
(c) after sub-paragraph (e) insert—
(ea) any question asked by or on behalf of any person in the course of his duties as a person employed by a local authority in England or Wales for the purpose of preparing a report for the court under section 14A(8) of the Children Act 1989 regarding the suitability of any person to be a special guardian, where—
(i) the question relates to the person whose suitability is being assessed; or
(ii) the question relates to a person over the age of 18 living in the same household as the person whose suitability is being assessed;
and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
; and
(d) after sub-paragraph (f) insert—
(fa) any question asked by or on behalf of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills in assessing a person’s suitability for registration as a childminder agency under Part 3 of the Childcare Act 2006, where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
.
Propose a change5 Amendments to article 4
In article 4(1)—
(a) in sub-paragraph (b), after “14A,” insert “14B, 14C,”;
(b) in sub-paragraph (b), after “14C,” insert “14D,”;
(c) after sub-paragraph (j) insert—
(ja) any decision by the relevant registration authority, as defined by section 5 of the Care Standards Act 2000, to refuse to grant an application for registration under Part 2 of that Act or to suspend or remove or refuse to restore a person’s registration under that Part of that Act;
; and
(d) after sub-paragraph (k) insert—
(ka) any decision of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills to refuse to grant a person’s application for registration as a childminder agency or to suspend, cancel or impose a condition on a person’s registration as a childminder agency under Part 3 of the Childcare Act 2006;
.
Propose a change6 Amendments to Schedule 1
In Schedule 1—
(a) in Part I, for paragraph 16 substitute—
16. Chartered legal executive or other CILEx authorised person.
(b) in Part II—
(i) for paragraph 9 substitute—
9. Officers of providers of probation services as defined in section 9 of the Offender Management Act 2007.
;
(ii) after paragraph 14A insert—
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.
; and
(iii) after paragraph 14C insert—
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.
;
(c) in Part III, after paragraph 13 insert—
14. CILEx approved manager.
; and
(d) in Part IV—
(i) after the definition of “chartered accountant” insert—
“chartered legal executive” means a fellow of the Chartered Institute of Legal Executives.
;
(ii) after the definition of “child” insert—
“CILEx approved manager” means a person authorised by the Chartered Institute of Legal Executives to be concerned in the management of a body which is a CILEx authorised person.
“CILEx authorised person” means a person authorised by the Chartered Institute of Legal Executives to provide a reserved legal activity in accordance with the Legal Services Act 2007.
; and
(iii) omit the definition of “legal executive”.
Propose a change7 Amendment to Schedule 3
After paragraph 17 insert—
17A. Proceedings relating to registration under Part II of the Care Standards Act 2000.
.
Propose a change