delete The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2007
This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, which specifies positions exempt from the Act's protections allowing spent convictions to be concealed from employers. The 2007 amendments remove the 'relevant offence' definition, expand the list of excepted offence codes from 12, 13, 20, 21 to include 35, 36, 37, 40 and 43, and add new categories of employment where spent convictions must be disclosed—including roles in children's services, the Independent Barring Board, Gambling Commission, authorized search officers, and various positions involving access to databases under the Children Act 2004 or caring for military youth.
This regulation restricts employers' freedom to hire reformed offenders and creates occupational barriers that worsen employment outcomes for ex-offenders, likely increasing recidivism. The exceptions list has grown from the 1975 baseline with no evidence the expansions were warranted. Many added positions (Gambling Commission staff, search officers, database administrators) do not directly involve vulnerable populations yet impose blanket exclusions. Employers capable of assessing risk should be free to hire rehabilitated individuals whose spent convictions may be irrelevant to the role. The regulation also creates compliance costs and uncertainty, particularly for smaller employers navigating the expanded excepted positions.