Citation, commencement and interpretation

1.—(1) This Order may be cited as the Rehabilitation of Offenders (Exceptions) (Amendment) (No. 2) Order (Northern Ireland) 2009 and shall come into operation on 12th October 2009.

(2) In this Order “the 1979 Order” means the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(2).

Amendment of the 1979 Order

2.  The 1979 Order is amended in accordance with the following provisions of this Order.

Amendment of Article 1

3.  In Article 1(2) insert in the appropriate alphabetical positions—

““adoption agency” has the meaning given to it by Article 3(3) of the Adoption (Northern Ireland) Order 1987(3);”

““child minding” means child minding within the meaning of Part XI of the Children (Northern Ireland) Order 1995(4);”

““day care” means day care for which registration is required under Part XI of the Children (Northern Ireland) Order 1995;”

““work” includes—

““work with children” means work of the kind described in paragraph 11 of Part II of Schedule 1 to this Order;”

Amendment of Article 2

4.—(1) In Article 2(a)(ii) for the words “specified in paragraph 12” substitute “specified in paragraphs 11, 12, 13, 15, 16, 17, 20, 21, 22 and 23”

(2) For Article 2 (aa) substitute:—

“(2) (aa) any question asked by or on behalf of any person, in the course of the duties of their work, in order to assess the suitability of a person to work with children, where —

(i)the question relates to the person whose suitability is being assessed;

(ii)the person whose suitability is being assessed lives on the premises where that person’s work with children would normally take place and the question relates to a person living in the same household as that person:

(iii)the person whose suitability is being assessed lives on the premises where that person’s work with children would normally take place and the question relates to a person who regularly works on those premises at a time when the work with children normally takes place; or

(iv)the work for which the person’s suitability is being assessed is child minding which would normally take place at premises other than the premises where that person lives and the question relates to a person who lives on those other premises or to a person who regularly works on them at a time when the childminding takes place,

and where the person to whom the question relates is informed at the time the question is asked that by virtue of this Order, spent convictions are to be disclosed;”

(3) After Article 2 (g) add:—

“(h)any question asked by or on behalf of any person in the course of their duties as a person employed by an adoption agency for the purpose of assessing the suitability of any person to adopt children where—

(i)the question relates to the person whose suitability is being assessed; or

(ii)the question relates to a person living in the same household as the person whose suitability is being assessed,

and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this order, spent convictions are to be disclosed;

(i)any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to provide day care where—

(i)the question relates to the person whose suitability is being assessed; or

(ii)the question relates to a person who lives on the premises which are or are proposed to be day care premises,

and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;

(j)any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to act as a foster parent (or a person wishing to be approved as or intending to act as a foster parent) within the meaning of Article 55 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or a person who looks after a child in circumstances in which the child is a privately fostered child within the meaning of Article 106 of the Children (Northern Ireland) Order 1995 where—

(i)the question relates to the person whose suitability is being assessed; or

(ii)the question relates to a person living in the same household as the person whose suitability is being assessed,

and the person to whom the question relates is informed at the time the question is asked that by virtue of this Order, spent convictions are to be disclosed;

(k)any question asked by or on behalf of the Northern Ireland Social Care Council for the purpose of determining whether or not to grant an application for registration under Part I of the Health and Social Services Act (Northern Ireland) 2001(5), and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;

(l)any question asked by or on behalf of the Health and Social Care Regulation and Quality Improvement Authority for the purpose of determining whether or not to grant an application for registration under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(6), and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;

(m)any question asked by the Secretary of State for the purpose of considering the suitability of an individual to have access to information released under sections 113A and 113B of the Police Act 1997.”

Amendment of Article 3

5.—(1) In Article 3(b) for the words “specified in paragraph 12” substitute “specified in paragraphs 11, 12, 13, 15, 16, 17, 20, 21, 22 and 23”

(2) After Article 3 (j) add:—

“(k)any decision to refuse to grant a taxi driver licence under Article 79A of the Road Traffic (Northern Ireland) Order 1981(7), to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;

(l)any decision by the Security Industry Authority to refuse to grant a licence under section 8 of the Private Security Industry Act 2001, to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence) or to revoke such a licence;

(m)any decision to refuse to grant a licence under Regulation 5 of the Misuse of Drugs Regulations (Northern Ireland) 2002(8), to grant such a licence subject to conditions, to modify such a licence (including any of the conditions of that licence) or to revoke such a licence;

(n)any decision by the Northern Social Care Council to refuse to grant an application for registration under Part I of the Health and Social Services Act (Northern Ireland) 2001 or to suspend, remove or refuse to restore a person’s registration under that Part;

(o)any decision by the Health and Social Care Regulation and Quality Improvement Authority for the purpose of determining whether or not to vary or remove any condition in relation to a person’s registration or to impose an additional condition or to cancel the registration of a person in respect of an establishment or agency under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”

Amendment of Article 4

6.  In Article 4(2) for the words “article 3(d) to (j)” substitute “article 3(d) to (o)”

Amendment of Schedule 1

7.—(1) In Part II of Schedule 1 for paragraph 11 substitute the following:—

“11.  Any work which is regulated activity relating to children within the meaning of Part I of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.”

(2) In Part II of Schedule 1 for paragraph 13 substitute the following:—

“13.  Any work which is regulated activity relating to vulnerable adults within the meaning of Part II of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.”

(3) In Part II of Schedule 1, in paragraph 17 for the words “Her Majesty’s Customs and Excise” substitute “Her Majesty’s Revenue and Customs”.

(4) In Part II of Schedule 1, after paragraph 20 add:—

“21.  Any work which is controlled activity relating to children within the meaning of Article 25 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

22.  Any work which is controlled activity relating to vulnerable adults within the meaning of Article 26 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

23.  Any employment or other work in AccessNI.”

(5) In Part III of Schedule 1 paragraphs 5, 6, 10, 11, 12, 13 and 14 shall be omitted.

Amendment of Schedule 2

8.  In Schedule 2 after paragraph 4 add:—

“5.  Taxi driver licences granted under Article 79A of the Road Traffic (Northern Ireland) Order 1981.

6.  Licences granted under section 8 of the Private Security Industry Act 2001.

7.  Licences granted under Regulation 5 of The Misuse of Drugs Regulations (Northern Ireland) 2002.”

Amendment of Schedule 3

9.—(1) In Schedule 3 paragraphs 11 and 12 shall be omitted.

(2) In Schedule 3 after paragraph 20 add:—

“21.  Proceedings relating to a taxi driver licence granted under Article 79A of the Road Traffic (Northern Ireland) Order 1981.

22.  Proceedings under section 11 of the Private Security Industry Act 2001.

23.  Proceedings relating to a licence granted under Regulation 5 of the Misuse of Drugs Regulations (Northern Ireland) 2002.

24.  Proceedings relating to registration under Part I of the Health and Social Services Act (Northern Ireland) 2001.

25.  Proceedings relating to registration under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

Article 1 is amended to add new definitions for the purposes of interpreting the main provisions of this Order.

Article 2 is amended to confer the right to ask questions regarding spent convictions for the purpose of assessing a person’s suitability for child minding; adoption; day care; and fostering purposes. The Article is also amended to allow questions to be asked for the purposes of granting applications for registration as a social care worker under Part I of the Health and Social Services Act (Northern Ireland) 2001; for questions to be asked for the purposes of granting applications for registration of establishments and agencies, including residential care homes, nursing homes, independent clinics, independent hospitals and independent medical agencies under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; and for questions to be asked to assess the suitability of a person to have access to criminal records.

Article 3 is amended to extend the exceptions from Article 5(3)(b) of the Order in relation to certain professions, offices and employments to include a decision to refuse to grant a taxi driver licence; a decision to refuse to grant a licence under section 8 of the Private Security Industry Act; a decision to refuse to grant a licence under Regulation 5 of the Misuse of Drugs Regulations (Northern Ireland) 2002; a decision to refuse to grant an application for registration under Part I of the Health and Social Services Act (Northern Ireland) 2001; and a decision to refuse to grant an application for registration under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Schedule 1 is amended to include regulated and controlled activities with children and vulnerable adults, within the meaning of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, and employment in AccessNI as excepted work and employments. A number of outdated references are also removed.

Schedules 2 and 3 are amended to reflect the changes made to Articles 2 and 3 in relation to taxi driver licences; Security Industry Authority licences; controlled drugs licences; registrations under Part I of the Health and Social Services Act (Northern Ireland) 2001; and registrations under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.