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Explanatory Notes:
(1) Refers to medical practitioners only
(2) Includes dental hygienist and dental auxiliary
(3) Any profession to which the Professions
Supplementary to Medicine Act 1960 applies and which is undertaken
following registration under the Act
(4) This means a "registered osteopath"
and has the meaning given by section 41 of the Osteopaths'
Act 1993
(5) This means a "registered chiropractor"
and has the meaning given by section 43 of the Chiropractors'
Act 1994
(6) This refers to "chartered psychologist"
meaning a psychologist included in the British Psychologists
Society's Register of Chartered Psychologists
(7) Barrister (England & Wales) Advocate
(Scotland)
(8) This refers to a "registered foreign
lawyer" which has the meaning given by section 89 or
the Courts and Legal Services Act 1990
(9) "Legal executive" means a fellow
of the Institute of Legal Executives
(10) "Actuary" means a member of
the Institute of Actuaries or a member or student of the Faculty
of Actuaries
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(11) For the purpose of ROA 1974 (Exceptions
Order) 1975, accountant refers to a certified accountant or
chartered accountant. "Certified accountant" means
a member of the Association of Certified Accountants. "Chartered
accountant" means a member of the Institute of Chartered
Accountants in England or Wales or of the Institute of Chartered
Accountants of Scotland.
(12) This means a "registered teacher"
which is a teacher registered under the Teaching Council (Scotland)
Act 1965 and includes a provisionally registered teacher.
Different arrangements apply to teachers in England and Wales.
They are eligible for Disclosures by virtue of their contact
with children (footnote which refers to "regulated positions")
(13) Includes the Director of Public Prosecutions.
In Scotland the equivalent work covers Procurators Fiscal,
any employment in their offices or in the Crown Office. Other
Scottish legal positions covered are clerks and officers of
the High Court of Justiciary, the Court of Session and the
District Court, sheriff clerks and their clerks and assistants.
Clerks include depute and assistant clerks. Sheriff clerks
include sheriff clerks depute.
(14) Constables, persons appointed as police
cadets to undergo training with a view to becoming constables
and persons employed for the purposes of, or to assist the
constables of, a police force established under any enactment,
naval, military and air force police.
(15) Any employment which is concerned with
the administration of, or is otherwise normally carried out
wholly or partly within the precincts of a prison, remand
centre, detention centre, Borstal institution or young offenders
institution and members of boards of visitors appointed under
section 6 of the Prison Act 1952 or of visiting committees
appointed under section 7 of the Prisons (Scotland) Act 1952.
Any employment or other work, which is normally carried out
in a hospital, used only for the provision of high security
psychiatric services. These are Ashworth, Broadmoor and Rampton
hospitals only.
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(16) Appointed under section 95 of the Road
Traffic Regulation Act 1984 or Section 9 of the Police (Scotland)
Act 1967.
(17) Appointed under Schedule 3 to the Powers
of Criminal Courts Act 1973. Any employment or other work
which is normally carried out in premises approved under section
9 of the Criminal Justice and Court Services Act 2000 - Probation
and Bail Hostels.
(18) Any employment or other work which is
concerned with the provision of health services and which
is of such a kind to enable the holder of that employment
or the person engaged in that work to have access to persons
in receipt of such services in the course of his normal duties
(19) Any employment or other work which is
concerned with the provision of care services to vulnerable
adults and which is of such a kind as to enable the holder
of that employment or the person engaged in that work to have
access to vulnerable adults in receipt of such services in
the course of his normal duties. "Care services"
means i) accommodation and nursing or personal care in a care
home, ii) personal care or nursing or support for a person
to live independently in his own home, iii) social care services,
iv) any services provided in an establishment catering for
a person with learning difficulties. A "care home"
provides accommodation and nursing or personal care for persons
who are or have been ill, have or have had a mental disorder,
are disabled or infirm or have been dependent of alcohol or
drugs. It does not include a hospital, independent clinic
or children's home or other place excepted by regulations.
A "vulnerable adults" is a person aged 18 or over
and who has i) a substantial learning or physical disability,
or ii) a physical or mental illness or disorder, chronic or
otherwise, including an addiction to alcohol or drugs, or
iii) a significant reduction in physical or mental capacity.
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(20) Management of a place in respect of
which the approval of the Secretary of State is required by
section 1 of the Abortion Act 1967.
(21) Any employment in the Royal Society
for the Prevention of Cruelty to Animals where the person
employed or working, as part of his duties, may carry out
the killing of animals.
(22) "Firearms dealer" has the
same meaning as set out in Section 57(4) of the Firearms Act
1968.
(23) Certain positions in the gaming industry,
e.g. Casino owner/manager, cashier, security guard, croupier,
director or major shareholder in a company that sells, supplies
or maintains gaming machines, managers and named promoters
of local lotteries.
(24) Certain positions in the financial services
sector as set out in the Rehabilitation of Offenders Act 1974
(Exceptions)(Amendment)(No.2) Order 2001. Includes all positions
for which the Financial Services Authority or the competent
authority for listing is entitled to ask exempted questions
to fulfil its obligations under the Financial Services and
Markets Act 2000.
(25) The term "regulated position"
is defined in section 36 of the Criminal Justice and Court
Services Act 2000. There are 8 types of regulated position.
These are:
1. A position whose normal duties include work in the following
establishments exclusively or mainly for children: an institution
which is exclusively or mainly for the detention of children,
a hospital which is exclusively or mainly for the reception
and treatment of children, a care home, residential care home,
nursing home or private hospital which is exclusively or mainly
for children, an educational institution, a children's home
or voluntary home or a home provided under section 83(5) or
the Children's Act 1989.
2. A position whose normal duties include work on day care
premises.
3. A position whose normal duties include caring for, training,
supervising or being in sole charge of children.
4. A position whose normal duties involve unsupervised contact
with children under arrangements made by a responsible person.
5. A position whose normal duties involved unsupervised contact
with children under arrangements made by a responsible person.
6. A position, a substantial part of whose normal duties,
includes supervising or training children under the age of
16 in the course of the children's employment.
7. The "great and the good". A position which, by
virtue of its responsibility is one for which the post holder
would be expected to be positively suitable to work with children.
The positions concerned are: a member of the governing body
of an educational institution, a member of a relevant local
government body, a director of social services of a local
authority, a chief education officer of a local education
authority, a charity trustee of a children's charity, a member
of the Youth Justice Board for England and Wales, the Children's
Commissioner for Wales or deputy or a member or chief executive
of the Children A Family Court Advisory and Support Service
(CAFCASS).
For these purposes, a person is a member of a relevant local
government body if a) he/she is a member of, or an executive
of, a local authority and discharges any education functions,
or social services functions of a local authority, b) he/she
is a member of an executive of a local authority which discharges
any such functions c) he/she is a member of a committee of
an executive of a local authority or area committee or any
other committee of a local authority which discharges any
such functions.
8. A position whose normal duties include supervising or managing
an individual in his work in a regulated position. This relates
to the immediate supervisor or manager only.
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(26) This means in order to assess, for the
purpose of safeguarding national security, the suitability
of a person to be employed in the service of the Crown, the
United Kingdom Atomic Energy Authority, the Civil Aviation
Authority, or any person authorised to provide air traffic
control services under sections 4 or 5 of the Transport Act
2000 or the Post Office Corporation.
(27) Extends to hackney carriage and private
hire licences including all those in London.
(28) Licences granted under section 8 of
the Private Security Industry Act 2001. The SIA will be responsible
for licensing those employed in a number of private security
sectors. From early 2004, SIA will licence door supervisors,
wheelclampers and later manned guards, key holders, private
investigators and security consultants.
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