Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

Article 4

SCHEDULE 3Excepted proceedings

1.  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.

2.  Proceedings before the Court of Appeal in Northern Ireland or the High Court in Northern Ireland arising out of the exercise of any disciplinary jurisdiction in respect of solicitors.

3.  Disciplinary proceedings against a constable.

4.  Proceedings under the Mental Health Act (Northern Ireland) 1961(1) before the Mental Health Review Tribunal for Northern Ireland.

5.  Proceedings under the Firearms Act (Northern Ireland) 1969 (including appeals to the Secretary of State by virtue of the provisions of section 46 of that Act) in respect of—

(a)the registration of a person as a firearms dealer, the removal of a person's name from a register of firearms dealers or the imposition, variation or revocation of conditions of any such registration; or

(b)the grant, renewal, variation or revocation of a firearm certificate; or

(c)the grant of a permit under section 8(2) or section 12(1)(c) of that Act or a certificate of approval issued under regulations made under section 13 of that Act.

6.  Proceedings relating to authorisations under section 1 of the Unlawful Drilling Act 1819.

7.  Proceedings in respect of the grant, renewal or variation of a licence under section 25 of the Children and Young Persons Act 1933 (which relates to persons under the age of 18 going abroad for the purpose of performing or being exhibited for profit).

8.  Proceedings—

(a)in respect of an application under article 7(1)(b) of the Insurance Companies (Northern Ireland) Order 1976 for the authorisation of the Department of Commerce to carry on insurance business; or

(b)in respect of a notice under article 44 or 45 of that Order (which relate to notification of the proposed exercise of certain powers conferred by that Order on that Department); or

(c)under article 63 or 64 of that Order (which relate to that Department's approval of appointments in insurance companies).

9.  Proceedings in respect of a decision by the Department of Education as to the suitability of a person—

(a)for employment as a teacher in a school or institution of further education or as a peripatetic teacher;

(b)to be the proprietor of an independent school (within the meaning of Part IV of Schedule 1),

(including proceedings before a county court in respect of the above matters under article 30 of the Education and Libraries (Northern Ireland) Order 1972).

10.  Proceedings under the Prevention of Fraud (Investments) Act (Northern Ireland) 1940 in respect of an application for, or revocation of,—

(a)a licence to deal in securities; or

(b)an order by the Department of Commerce declaring a person to be an exempted dealer for the purposes of that Act; or

(c)an order by the Department of Commerce declaring a unit trust scheme to be an authorised unit trust scheme for the purposes of that Act,

(including proceedings under section 6 of that Act before the High Court in respect of a licence to deal in securities).

11.  Proceedings in respect of an application for, or cancellation of, registration in respect of a nursing home under section 1 of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971.

12.  Proceedings in respect of an application for, or cancellation of, registration under Schedule 5 to the Health and Personal Social Services (Northern Ireland) Order 1972 in respect of any such establishment as is mentioned in that Schedule.

13.  Proceedings in respect of any consent required under section 1(2)(b) of the Children and Young Persons Act (Northern Ireland) 1968 or in respect of an application for, or registration under section 11 of that Act of any such premises as are required to be registered under that section.

14.  Proceedings on an application to the police or a court of summary jurisdiction for a certificate under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of the applicant to keep explosives and on an application to the police or to the Secretary of State for any statutory document, authorisation or licence required under the provisions of Explosives Regulations made in pursuance of section 3 of the Explosives Act (Northern Ireland) 1970 or of section 3 of that Act as extended by article 3 of the Explosives (Northern Ireland) Order 1972.

15.  Proceedings in respect of an application under the Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968(2), the Criminal Damage (Compensation) (Northern Ireland) Order 1977(3) or the Criminal Injuries (Compensation) (Northern Ireland) Order 1977(4).

16.  Proceedings by way of appeal against, or review of, any decision taken, by virtue of any of the provisions of this Order, on consideration of a spent conviction.

17.  Proceedings held for the receipt of evidence affecting the determination of any question arising in any proceedings specified in this Schedule.