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Statutory Rules of Northern Ireland


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2003 No. 355

REHABILITATION OF OFFENDERS

The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2003

  Made 24th July 2003 
  To be laid before Parliament
  Coming into operation 1st September 2003 

The Secretary of State, in pursuance of Articles 5(4) and 8(4) of the Rehabilitation of Offenders (Northern Ireland) Order 1978[1] hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2003 and shall come into operation on 1st September 2003.

    (2) In this Order "the 1978 Order" means the Rehabilitation of Offenders (Northern Ireland) Order 1978.

    (3) In this Order "the 1979 Order" means the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979[
2].

Amendment of the 1979 Order
     2. The Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 ("the 1979 Order") is amended in accordance with the following provisions of this Order.

Amendment of article 2 of the 1979 Order
    
3.  - (1) In article 2(b) the words "the Civil Aviation Authority" shall be deleted.

    (2) After article 2(b) there shall be inserted:

    (3) For paragraph "(g)" of article 2 there shall be substituted paragraph "(e)".

    (4) After article 2(e) there shall be inserted:

Amendment of Schedule 1 to the 1979 Order
     4.  - (1) In Part I of Schedule 1 after paragraph 12 there shall be inserted:

    (2) In Part II of Schedule 1 -

    (3) In Part IV of Schedule 1 -

Amendment of Schedule 3 to the 1979 Order
     5. At the end of Schedule 3 there shall be inserted:


Paul Murphy
One of Her Majesty's Principal Secretaries of State

Northern Ireland Office
24th July 2003



EXPLANATORY NOTE

(This note is not part of the Order)


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

Article 3 amends article 2 which provides exceptions to Article 5(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 ("the Order") (questions that relate to spent convictions). It adds classes of air traffic workers and National Lottery Commission personnel to that exception.

Article 4 amends Schedule 1 by adding to the list of professions, offices, employments, work and occupations in relation to which exceptions from the rehabilitative provisions of the Order apply.

Added to the list in Part I of Schedule 1 are the professions of chartered psychologist, actuary, European lawyer, and controller appointed by the Office of Care and Protection.

Added to the list of excepted offices and employments in Part II of Schedule 1 are police trainees, police support staff[
a] the Serious Fraud Office, the National Crime Squad, the National Criminal Intelligence Service, Her Majesty's Customs and Excise and the Office of the Police Ombudsman for Northern Ireland.

Article 5 amends Schedule 3 (excepted proceedings) by adding certain proceedings relating to National Lottery licences.


Notes:

[1] S.I. 1978/1908 (N.I. 27)back

[2] S.R. 1979 No. 195; amended by the Osteopaths Act 1993 (c. 21) section 39; the Chiropractors Act 1994 (c. 17) section 40; S.R. 1987 No. 393, S.R. 2001 No. 248, and S.R. 2001 No. 400. The relevant provisions of the Osteopaths Act 1993 and the Chiropractors Act 1994 are repealed by section 133 of, and Schedule 10 to, the Police Act 1997 (c. 50). These repeals had not been brought into force at the time this Order was made.back

[3] 2000 c. 38back

[4] S. I. 1986/1032 (N.I. 6)back

[5] 1993 c. 39back

[6] 2000 c. 32back

[7] S.I. 2000 No. 1119back


[a] Amended by Correction Slip. In the fifth paragraph of the explanatory note "police trainees, police support staff", should be inserted before the words "the Serious Fraud Office". back




ISBN 0 33795181 0


  © Crown copyright 2003

Prepared 7 August 2003


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