Citation, commencement and extent

1.—(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022.

(2) This Order comes into force the day after the day on which it is made.

(3) This Order extends to England and Wales.

Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

2.—(1) The Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975( 2) is amended as follows.

(2) In article 3(1)(a)—

(a) at the end of paragraph (iv) insert “or”;

(b) after paragraph (iv) insert—

“(v) of an individual to provide accommodation or to continue to provide accommodation to a person who has applied for or been granted permission to enter into or to stay in the United Kingdom in accordance with Appendix Ukraine Scheme of the Immigration Rules( 3) , where the question relates to—

(aa) the individual whose suitability is being assessed, or

(bb) any other individual over the age of 16 years who resides in the same household as the individual whose suitability is being assessed, ”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (“ the 1975 Order”) to make provision for vetting checks in relation to individuals who are seeking to provide accommodation to Ukrainian nationals and their immediate family members.

The 1975 Order disapplies certain provisions of the Rehabilitation of Offenders Act 1974 (“ the 1974 Act”) which would otherwise prevent a person from having to disclose a spent conviction or caution and protect that person from being prejudiced by that conviction or caution or any failure to disclose it. The general effect of the disapplication of certain provisions is that, in specified circumstances, questions about spent convictions and cautions are permitted to be asked.

Article 2(2) of this Order amends article 3(1)(a) of the 1975 Order to include a new paragraph (v) so that questions about spent convictions and cautions may be asked by a person assessing the suitability of an individual to provide accommodation to a person who has applied for or been granted permission to enter or stay in the United Kingdom, in accordance with Appendix Ukraine Scheme of the Immigration Rules. The questions may relate to the individual whose suitability is being assessed, or any other individual residing in the same household as that individual who is over the age of 16 years.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.