The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003

• Citation: S.I. 2003/965
• Sections: 13

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003 and shall come into force on the day after the day on which it is made.

(2) This Order extends to England and Wales only .

Section 2 Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is amended in accordance with the following provisions of this Order.

Section 3 Amendment of article 2

In article 2(1), insert in the appropriate alphabetical positions—

“Council” has the meaning given to it by section 54 of the Care Standards Act 2000 ;

“taxi driver licence” means a licence granted under—

section 37 of the Town Police Clauses Act 1847 ;

section 8 of the Metropolitan Public Carriage Act 1869 ;

section 9 of the Plymouth City Council Act 1975 ;

section 51 of the Local Government (Miscellaneous Provisions) Act 1976; or

section 13 of the Private Hire Vehicles (London) Act 1998 ;

Section 4 Amendment of article 3

In article 3(a)(ii), for the words “or 13”, substitute “, 13, 20 or 21”.

Section 5 Amendment of article 3

After article 3(h), add—

(i) any question asked by or on behalf of the Council for the purpose of determining whether or not to grant an application for registration under Part IV of the Care Standards Act 2000, 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.

Section 6 Amendment of article 4

In article 4(b), for the words “or 13”, substitute “, 13, 20 or 21”.

Section 7 Amendment of article 4

After article 4(j), add—

(k) any decision by the Council to refuse to grant an application for registration under Part IV of the Care Standards Act 2000 or to suspend, remove or refuse to restore a person’s registration under that Part;

(l) any decision to refuse to grant a taxi driver licence, to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;

(m) any decision by the Security Industry Authority to refuse to grant a licence under section 8 of the Private Security Industry Act 2001 , to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence) or to revoke such a licence.

Section 8 Amendment of Schedule 1

In Part II of Schedule 1, after paragraph 19 add—

(20) Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 2000 .

(21) Any employment or other work which is normally carried out in a hospital used only for the provision of high security psychiatric services.

Section 9 Amendment of Schedule 1

In Part III of Schedule 1, delete paragraph 9.

Section 10 Amendment of Schedule 1

In Part IV of Schedule 1—

(a) insert, in the appropriate alphabetical position—

“high security psychiatric services” has the meaning given by section 4 of the National Health Service Act 1977 ;

(b) delete the definition of “taxi driver”.

Section 11 Amendment of Schedule 2

After paragraph 3 of Schedule 2, add—

(4) Taxi driver licences.

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

Section 12 Amendment of Schedule 3

For paragraph 16 of Schedule 3, substitute: “Proceedings relating to a taxi driver licence.”.

Section 13 Amendment of Schedule 3

After paragraph 17 of Schedule 3, add—

(18) Proceedings relating to registration under Part IV of the Care Standards Act 2000.

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