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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:
• Care Provider
As defined by: The Care Standards Act 2000 and the Regulation of Care (Scotland) Act 2001 are the main pieces of legislation that specifically regulate care providers in England, Wales and Scotland. Separate but similar legislation exists for Northern Ireland.
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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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