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| The following professions fall under The Exceptions Order in The Rehabilitation of Offenders Act 1974 (Exceptions order) 1975. Schedule 1, Articles 2(3), 3 and 4. |
Excepted professions, offices, employments, work and occupations:
• Chiropractor
A registered Chiropractor falls under Sec 43 of The Chiropractors Act 1994 and is regulated by the General Chiropractic Council.
Section 40 of the Chiropractors Act 1994 has been repealed by section 133 of, and Schedule 10 to, the Police Act 1997 :- "The following provisions (which restrict the effect of the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect"
This means that Chiropractors now come under the ‘Excepted Professions’ provisions and must disclose all convictions.
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Authority to ask an Exempted Question.
Some occupations and positions are exempt from the provisions of the Rehabilitation of Offenders Act. These are generally positions of trust where there is a valid need to see a person's full criminal history in order to assess their suitability for a position. A request for a person to reveal their full criminal history in this situation is known as an 'exempted question'.
This question may be asked by, or on behalf of, an employer – such as an employment agency as defined by The Employment Agencies Act 1973 and The Conduct of Employment Agencies and Business Regulations 2002.
For these purposes, 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 admission to any of the professions specified in Part I of Schedule 1 to this Order; or
(ii) of the person to whom the question relates for any office or employment specified in Part II of the said Schedule 1 or for any other work specified in paragraph 12 or 13 of Part II of the said Schedule 1; or
(iii) of the person to whom the question relates or of any other person to pursue any occupation specified in Part III of the said Schedule 1 or to pursue it subject to a particular condition or restriction; or
(iv) 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 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;
PROCEEDINGS
This Schedule also covers proceedings in respect of a person’s admission to, or disciplinary proceedings against a member of, any profession specified in Part I of Schedule 1 to this Order.
This will form part of ‘Additional Information’ sent to the Organisation.
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