Contents
Article 1Citation, commencement and interpretation#
(1)This Order may be cited as the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2012 and shall come into operation on 10 September 2012.
(2)In this Order “the 1979 Order” means the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979.
Article 2Amendment of the 1979 Order#
The 1979 Order is amended in accordance with the following provisions of this Order.
Article 3Amendment of article 1#
(1)In article 1(2), omit the definition of “relevant offence”.
(2)In article 1(2) insert in the appropriate alphabetical positions—• “authorised payment institution” has the meaning given by regulation 2(1) of the Payment Services Regulations 2009;• “electronic money institution” has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011;• “payment services” has the meaning given by regulation 2(1) of the Payment Services Regulations 2009; and• “small payment institution” has the meaning given by regulation 2(1) of the Payment Services Regulations 2009.
(3)In Article 1(3) omit “unless the said provisions are excluded only in relation to spent convictions for relevant offences”.
Article 4Amendment of article 2#
(1)In article 2(e)—
(i)omit “for a relevant offence”; and
(ii)for the word “such” substitute “a”.
(2)In article 2(e)(i) omit “for relevant offences”.
(3)In article 2(e), in the table at the end insert—“”
Article 5Amendment of article 3#
(1)In article 3 omit “for a relevant offence” in each place where it occurs.
(2)In article 3(d) omit the word “or” before sub-paragraph (xii) and after that sub-paragraph insert—“xiii to refuse an application for registration as an authorised electronic money institution or a small electronic money institution under the Electronic Money Regulations 2011,xiv to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of those regulations,xv to refuse an application for registration as an authorised payment institution or a small payment institution under the Payment Services Regulations 2009, orxvi to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of those Regulations.”
Article 6Amendment of article 4#
In article 4 omit “for a relevant offence” in each place where it occurs.
Article 7Amendment of Schedule 1#
(2)In Part 1 of Schedule 1 paragraphs 4,6,7,8,9,10,11,13 shall be omitted.
(3)In Part 2 of Schedule 1 in paragraph 11 insert at the end “as it had effect immediately before the coming into operation of paragraph 1 of Schedule 7 to the Protection of Freedoms Act 2012”.
(4)In Part 2 of Schedule 1 in paragraph 13 insert at the end “as it had effect immediately before the coming into operation of paragraph 3 of Schedule 7 to the Protection of Freedoms Act 2012”.
(5)In Part 2 of Schedule 1 in paragraphs 21 and 22 insert at the end “as it had effect immediately before the coming into operation of paragraph 5 of Schedule 7 to the Protection of Freedoms Act 2012”.
(6)In Part II of Schedule 1 after paragraph 23 add:—“24 Any office or employment which is concerned with the representation of, or advocacy services for, vulnerable adults by a service created under any enactment or commissioned by an HSC Body.”
(7)In Part IV of Schedule 1 insert in the appropriate alphabetical positions—“• “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;• “HSC Body” means any of the following within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009–(a) the Regional Health and Social Care Board;(b) the Regional Agency for Public Health and Social Well-being;(c) an HSC Trust;• “vulnerable adult” means a person aged 18 or over who has a condition of the following type:(a) a substantial learning or physical disability;(b) a physical or mental illness or mental disorder, chronic or otherwise, including an addiction to alcohol or drugs; or(c) a significant reduction in physical or mental capacity;”
(8)In Part IV of Schedule 1 the definitions of “chartered psychologist”, “registered chiropractor” and “registered osteopath” shall be omitted.
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