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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:
• Barrister
• Advocate (Scotland)
• Solicitor
• Registered foreign lawyer – given by section 89 of the Courts and Legal Services Act 1990
• Legal executive – a fellow of the Institute of Legal Executives
• Receiver appointed by the Court of Protection
Part 11
Offices, employments and work
Judicial appointments.
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service.
Procurators Fiscal and District Court Prosecutors, and any employment in the office of a Procurator Fiscal or District Court Prosecutor or in the Crown Office.
Justices’ chief executives, justices’ clerks and their assistants.
Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the district court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants.
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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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