Professions that must have a Disclosure
The Rehabilitation of Offenders Act 1974 gives individuals the right not to disclose details of 'spent' offences if asked about their criminal record. However, for certain excepted professions, offices and employments, ex-offenders have to disclose information about spent, as well as unspent convictions, provided the employer states clearly on the application form or at the interview that the job applied for is exempted.
In addition, persons with the opportunity to have contact with children or vulnerable adults as part of their work will also be required to carry out an ISA check to ensure they are not barred from working with those sectors.
Any profession not listed below can have a Basic Disclosure – individuals can also apply for a Basic Disclosure without using an agency or organisation.
Positions, Professions, Employment, Offices and Works included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
Any work defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006 01
Any work defined as “work with children” in regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002 02
Any work defined as regulated activity relating to adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act 2006 03
Any work defined as “work with adults” in regulation 5B of the Police Act 1997 (Criminal Records) Regulations 2002 04
Any office or employment which is concerned with: the provision of care services to vulnerable adults; or the representation of, or advocacy services for, vulnerable adults by a service that has been approved by the Secretary of State or created under any enactment; and which is of such a kind as to enable a person, in the course of his normal duties, to have access to vulnerable adults in receipt of such services
Any work in a further education institution or 16 to 19 Academy where the normal duties of that work involve regular contact with children
Health care professional (regulated by a body mentioned in subsection (3) of section 25 of the National Health Service Reform and Health Care Professions Act 2002) – on entry into the profession only
Barrister (in England and Wales), solicitor – on entry into the profession only
Chartered accountant, certified accountant – on entry into the profession only
Veterinary surgeon – on entry into the profession only
Actuary – on entry into the profession only
Registered foreign lawyer – on entry into the profession only
Chartered Legal Executive or other Chartered Institute of Legal Executive (CILEx) authorised person – on entry into the profession only
Judicial appointments
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service
Designated officers for:
magistrates’ courts
justices of the peace
local justice areas
justices’ clerks
assistants to justices’ clerks
Persons employed for the purposes of assisting constables of a Police Force established under any enactment
Any employment within the precincts of:
a prison
a remand centre
a removal centre
a short term holding facility
a detention centre
a Borstal institution 18
a young offenders institution
members of boards of visitors (England & Wales)
Traffic wardens
Officers of providers of Probation services as defined in section 9 of the Offenders Management Act 2007 20
Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties
Financial Services position – This means all positions for which the Financial Conduct Authority (previously the Financial Services Authority) or the competent authority for listings are entitled to ask exempted questions to fulfil their obligations under the Financial Services and Markets Act 2000
Those working within an Authorised Payment Institution as:
Directors and managers
Holders of qualifying holdings
Controllers of the Authorised Payment Institution
Any employment in the Royal Society for the Prevention of Cruelty to Animals (RSPCA) where the person employed or working, as part of his duties, may carry out humane killing of animals
The Commissioners for Her Majesty’s Revenue and Customs (HMRC) and any office or employment in their services
The Director and any office or employment in the Revenue and Customs Prosecutions Office
Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet
An individual designated under section 2 of the Traffic Management Act 2004
The following Court Positions: Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981(c)
Court officers and court contractors who, in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings
Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary
Court officers and court contractors who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court
Court security officers and tribunal security officers
Court contractors who, in the course of their work, have unsupervised access to court-houses, offices and other accommodation used in relation to the courts Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals
Court officers and court contractors who exercise functions in connection with the administration and management of funds in court, including the deposit, payment, delivery and transfer in, into and out of any court of funds in court, and regulating the evidence of such deposit, payment, delivery or transfer, and court officers and court
Court officers who execute county court warrants
High Court enforcement officers
Sheriffs and under-sheriffs
Tipstaffs
Any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d)
Persons who execute writs of sequestration
Civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980
Persons who are authorised to execute warrants under section 125B (1) of the Magistrates’ Courts Act 1980, and any other person (other than a constable) who is authorised to execute a warrant under section 125 (2) of the 1980 Act
Persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 of the Courts Act 2003(d)
Individuals seeking to carry, acquire or transfer prohibited weapons or ammunition under section 5 of the Firearms Act 1968(c) – Maritime armed guards
A regulated immigration adviser who provides immigration advice or immigration services under Section 82(1) of the Immigration & Asylum Act 1999(a). This also applies to persons who act on behalf of and are under the supervision of such a registered person
Any employment or other work where the normal duties: a) involve caring for, training, supervising, or being solely in charge of persons aged under 18 serving in the naval, military or air forces of the crown; or b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a)
Registration as a childminder agency
Any employment or office involved in the management of a childminder agency
A person working for a childminder agency who is required to enter day care or childminding premises for quality assurance purposes and, in the course of their normal duties, has contact with the children there; or access to sensitive or personal information about the children there
A person living at the premises where a childminding or day care service is provided or who regularly works on the premises at a time when the childminding takes place
A person living in the same household as a person whose suitability is being assessed to work in regulated activity with children what would have been regulated activity with children before 10th September 2012
An FE institution or 16-19 Academy where the normal duties of that work involve regular contact with children and who lives on the same premises where the work would normally take place
Applications for prospective adopters, special guardians or anyone who lives in the adoption or special guardian household in England and Wales
Applications for prospective foster carers, prospective private foster carers or anyone who lives in the fostering household in England and Wales
Any employment or work in a children’s home
a residential family centre
Any employment or work for the purposes of
an adoption service
an adoption support agency
a voluntary adoption agency
a fostering service
a fostering agency 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
Individuals seeking authorisation from the Secretary of State for the Home Department to become authorised search officers
For the award of public works contracts, public supply contracts and public service contracts in accordance with Directive 2004/17/EC and 2004/18/EC of the European Parliament and of the Council of March 2004(a)
Football Stewards, supervisors or managers of football stewards 45 Approved Legal Services Body Manager 46 CILEx approved manager
Those working for Alternative Business Structures as: Head of Finance and Administration of a licensed body approved under schedule 11 of the Legal Services Act 2007
Head of Legal Practice of a licensed body approved under schedule 11 of the Legal Services Act 2007
Owners of a licensed body approved under schedule 13 of the Legal Services Act 2007
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
Any office or employment which relates to the purposes of National Security
Any person who has applied to be granted membership of the Master Locksmiths Association
The Commissioner for Older People in Wales, his deputy and any people appointed by the Commissioner, to assist him in the discharge of his functions or authorised to discharge his functions on his behalf
Commissioners for the Gambling Commission and any office or employment in their service
Police and Crime Commissioners
Licences included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 Ref No For Taxi Driver and Private Hire Vehicle licensing purposes
For National Lottery licensing purposes
For licences issued under Section 25 of the Children & Young Persons Act 1933 (This relates to persons under the age of 18 travelling abroad for the purpose of performing or being exhibited for profit) 57 For licences issued under Section 8 of the Private Security Industry Act 2001
For obtaining or holding a personal or operating licence under Part 5 or Part 6 of the Gambling Act 2005
For obtaining or holding a licence under regulation 5 of the Misuse of Drugs Regulations 2001, article 3(2) of Regulation 2004/273/EC (b) or article 6(1) of Regulations 2005/111/EC(c)
In addition, persons with the opportunity to have contact with children or vulnerable adults as part of their work will also be required to carry out an ISA check to ensure they are not barred from working with those sectors.
Any profession not listed below can have a Basic Disclosure – individuals can also apply for a Basic Disclosure without using an agency or organisation.
Positions, Professions, Employment, Offices and Works included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
Any work defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006 01
Any work defined as “work with children” in regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002 02
Any work defined as regulated activity relating to adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act 2006 03
Any work defined as “work with adults” in regulation 5B of the Police Act 1997 (Criminal Records) Regulations 2002 04
Any office or employment which is concerned with: the provision of care services to vulnerable adults; or the representation of, or advocacy services for, vulnerable adults by a service that has been approved by the Secretary of State or created under any enactment; and which is of such a kind as to enable a person, in the course of his normal duties, to have access to vulnerable adults in receipt of such services
Any work in a further education institution or 16 to 19 Academy where the normal duties of that work involve regular contact with children
Health care professional (regulated by a body mentioned in subsection (3) of section 25 of the National Health Service Reform and Health Care Professions Act 2002) – on entry into the profession only
Barrister (in England and Wales), solicitor – on entry into the profession only
Chartered accountant, certified accountant – on entry into the profession only
Veterinary surgeon – on entry into the profession only
Actuary – on entry into the profession only
Registered foreign lawyer – on entry into the profession only
Chartered Legal Executive or other Chartered Institute of Legal Executive (CILEx) authorised person – on entry into the profession only
Judicial appointments
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service
Designated officers for:
magistrates’ courts
justices of the peace
local justice areas
justices’ clerks
assistants to justices’ clerks
Persons employed for the purposes of assisting constables of a Police Force established under any enactment
Any employment within the precincts of:
a prison
a remand centre
a removal centre
a short term holding facility
a detention centre
a Borstal institution 18
a young offenders institution
members of boards of visitors (England & Wales)
Traffic wardens
Officers of providers of Probation services as defined in section 9 of the Offenders Management Act 2007 20
Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties
Financial Services position – This means all positions for which the Financial Conduct Authority (previously the Financial Services Authority) or the competent authority for listings are entitled to ask exempted questions to fulfil their obligations under the Financial Services and Markets Act 2000
Those working within an Authorised Payment Institution as:
Directors and managers
Holders of qualifying holdings
Controllers of the Authorised Payment Institution
Any employment in the Royal Society for the Prevention of Cruelty to Animals (RSPCA) where the person employed or working, as part of his duties, may carry out humane killing of animals
The Commissioners for Her Majesty’s Revenue and Customs (HMRC) and any office or employment in their services
The Director and any office or employment in the Revenue and Customs Prosecutions Office
Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet
An individual designated under section 2 of the Traffic Management Act 2004
The following Court Positions: Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981(c)
Court officers and court contractors who, in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings
Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary
Court officers and court contractors who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court
Court security officers and tribunal security officers
Court contractors who, in the course of their work, have unsupervised access to court-houses, offices and other accommodation used in relation to the courts Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals
Court officers and court contractors who exercise functions in connection with the administration and management of funds in court, including the deposit, payment, delivery and transfer in, into and out of any court of funds in court, and regulating the evidence of such deposit, payment, delivery or transfer, and court officers and court
Court officers who execute county court warrants
High Court enforcement officers
Sheriffs and under-sheriffs
Tipstaffs
Any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d)
Persons who execute writs of sequestration
Civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980
Persons who are authorised to execute warrants under section 125B (1) of the Magistrates’ Courts Act 1980, and any other person (other than a constable) who is authorised to execute a warrant under section 125 (2) of the 1980 Act
Persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 of the Courts Act 2003(d)
Individuals seeking to carry, acquire or transfer prohibited weapons or ammunition under section 5 of the Firearms Act 1968(c) – Maritime armed guards
A regulated immigration adviser who provides immigration advice or immigration services under Section 82(1) of the Immigration & Asylum Act 1999(a). This also applies to persons who act on behalf of and are under the supervision of such a registered person
Any employment or other work where the normal duties: a) involve caring for, training, supervising, or being solely in charge of persons aged under 18 serving in the naval, military or air forces of the crown; or b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a)
Registration as a childminder agency
Any employment or office involved in the management of a childminder agency
A person working for a childminder agency who is required to enter day care or childminding premises for quality assurance purposes and, in the course of their normal duties, has contact with the children there; or access to sensitive or personal information about the children there
A person living at the premises where a childminding or day care service is provided or who regularly works on the premises at a time when the childminding takes place
A person living in the same household as a person whose suitability is being assessed to work in regulated activity with children what would have been regulated activity with children before 10th September 2012
An FE institution or 16-19 Academy where the normal duties of that work involve regular contact with children and who lives on the same premises where the work would normally take place
Applications for prospective adopters, special guardians or anyone who lives in the adoption or special guardian household in England and Wales
Applications for prospective foster carers, prospective private foster carers or anyone who lives in the fostering household in England and Wales
Any employment or work in a children’s home
a residential family centre
Any employment or work for the purposes of
an adoption service
an adoption support agency
a voluntary adoption agency
a fostering service
a fostering agency 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
Individuals seeking authorisation from the Secretary of State for the Home Department to become authorised search officers
For the award of public works contracts, public supply contracts and public service contracts in accordance with Directive 2004/17/EC and 2004/18/EC of the European Parliament and of the Council of March 2004(a)
Football Stewards, supervisors or managers of football stewards 45 Approved Legal Services Body Manager 46 CILEx approved manager
Those working for Alternative Business Structures as: Head of Finance and Administration of a licensed body approved under schedule 11 of the Legal Services Act 2007
Head of Legal Practice of a licensed body approved under schedule 11 of the Legal Services Act 2007
Owners of a licensed body approved under schedule 13 of the Legal Services Act 2007
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
Any office or employment which relates to the purposes of National Security
Any person who has applied to be granted membership of the Master Locksmiths Association
The Commissioner for Older People in Wales, his deputy and any people appointed by the Commissioner, to assist him in the discharge of his functions or authorised to discharge his functions on his behalf
Commissioners for the Gambling Commission and any office or employment in their service
Police and Crime Commissioners
Licences included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 Ref No For Taxi Driver and Private Hire Vehicle licensing purposes
For National Lottery licensing purposes
For licences issued under Section 25 of the Children & Young Persons Act 1933 (This relates to persons under the age of 18 travelling abroad for the purpose of performing or being exhibited for profit) 57 For licences issued under Section 8 of the Private Security Industry Act 2001
For obtaining or holding a personal or operating licence under Part 5 or Part 6 of the Gambling Act 2005
For obtaining or holding a licence under regulation 5 of the Misuse of Drugs Regulations 2001, article 3(2) of Regulation 2004/273/EC (b) or article 6(1) of Regulations 2005/111/EC(c)
