Taxi Driver Online

Jesus you never give up, I have his HC application form, a photocopy of his drivers licence with 1 address on it, his HC application with a different address on, a photocopy of his badge. The Council know it's been plastered all over the INTERNET because the drivers gave them a ultimatum REVOKE his badge or we'll go public with it. They didn't revoke his badge, we took legal advice via a solicitor and was told we could go public as long as no names were mentioned.

Well you appaul me more by the minute.
the council can only revoke if there is something new not if information exists at the time of giving it him.

but still even though youve got all the info you say youve got you aint got enough, can refuse without interviewing him/

all this from a trade rep?

glad you dont represent me.

so you told the council you were going to break the law, and they did not revoke your badge?

Because I've done nowt wrong, clean as a whistle me

yeh alright Nige

the reason you walk on water is that you cannot swim.

100 lengths in 45 minutes is not bad is it Geoff? Wish I could walk on water though.... It would be much easier.

I would have revoked his testicles.
Then forced them down the throat of this bloke trying to defend him.
Maybe this bloke has something to hide himself, thats why he doesn't give his name.

What a very big brave man you are
no principles , no sense,
look we are talking here not of defending anybody, but of getting what regulations allow.

what if you couldnt get licenses beccause you couldnt get on with Nigel.?
what if the mass mob lobbied against you?

all I want is what the law and regulations allow.

not what mick thinks I should have not what scanners cartel think I should have.

Look this application has been done properly Nigels way is I dont like him so he should not have it.

this bloke defended a chap texting on his mobile whilst travelling. cos he was a friend.

you judge people not even on trial.

look at it properly thats all I am saying.

It is Geoff we are talking about, he's got loads to hide just like that Council of ours.

The reason I defended him was, the Labour Council gave him a rollocking and let it go, when the independents got in they decided to ban him for 1 month, that's why I defended him. This so called copper who he picked up ended up being a member of the Freemason Lodge that's why the independents took it upon themselfs to ban him.

The information seems to be complete enough to raise a question over this mans status as a fit and proper person.

I think there is a moral differance between the two cases you are trying to compare, although I don't believe either should be considered as a fit and proper person.

B. Lucky

If the info that Nigel has presented is accurate, then in my un-professional opinion it is published 'for the greater good of the public'.

Well that's what a media lawyer would say.

_________________
IDFIMH

This is the right one I think.

Exceptions order

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

1
Citation and commencement.
1 Made under ss 4(4) and 7(4) of the Rehabilitation of Offenders Act 1974.

2
(1) In this Order, except where the context otherwise requires—

"the Act" means the Rehabilitation of Offenders Act 1974;

"the 2000 Act" means the Financial Services and Markets Act 2000;

"administration of justice offence" means—

(a) the offence of perverting the course of justice,

(b) any offence under section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others),

(c) an offence under section 1, 2, 6 or 7 of the Perjury Act 1911 (perjury),

or any offence committed under the law of any part of the United Kingdom (other than England or Wales) or of any other country where the conduct which constitutes the offence would, if it all took place in England or Wales, constitute one or more of the offences specified by paragraph (a) to (c);

"adoption agency" has the meaning given to it by section 1 of the Adoption Act 1976;

"associate", in relation to a person ("A"), means someone who is a controller, director or a manager of A or, where A is a partnership, any partner of A;

"the Building Societies Commission" means the Building Societies Commission established by section 1 of the Building Societies Act 1986;

"child minding" means –

(a) until section 79 of the Care Standards Act 2000 comes into force, acting as a child minder within the meaning of section 71 of the Children Act 1989; and

(b) when section 79 of the Care Standards Act 2000 is in force, child minding within the meaning of section 79A of the Children Act 1989;

"collective investment scheme" has the meaning given by section 235 of the 2000 Act;

"the competent authority for listing" means the competent authority for the purposes of Part VI of the 2000 Act (listing);

"controller" has the meaning given by section 422 of the 2000 Act;

"Council of Lloyd’s" means the council constituted by section 3 of Lloyd’s Act 1982;

"day care" means -

(a) until section 79 of the Care Standards Act 2000 comes into force, day care for which registration is required by section 78(1) of the Children Act 1989; and

(b) when section 79 of the Care Standards Act 2000 is in force, day care for which registration is required by section 79D(5) of the Children Act 1989;

"day care premises" means any premises on which day care is provided, but does not include any part of the premises where children are not looked after;

"director" has the meaning given by section 417 of the 2000 Act;

"key worker", in relation to any body ("A"), means any individual who is likely, in the course of the duties of his office or employment -

(a) where A is the Authority, to play a significant role in the decision making process of the Authority in relation to the exercise of the Authority’s public functions (within the meaning of section 349(5) of the 2000 Act) under any provision of the 2000 Act other than Part VI, or to support directly such a person;

(b) where A is the competent authority for listing, to play a significant role in the decision making process of the competent authority for listing in relation to the exercise of its functions under Part VI of the 2000 Act, or to support directly such a person;

"manager" has the meaning given by section 423 of the 2000 Act;

"open-ended investment company" has the meaning given by section 236 of the 2000 Act;

"Part IV permission" has the meaning given by section 40(4) of the 2000 Act;

"relevant collective investment scheme" means a collective investment scheme which is recognised under section 264 (schemes constituted in other EEA States), 270 (schemes authorised in designated countries or territories) or 272 (individually recognised overseas schemes) of the 2000 Act;

"relevant offence" means—

(a) an offence involving fraud or other dishonesty;

(b) an offence under legislation (whether or not of the United Kingdom) relating to building societies, companies (including insider dealing), industrial and provident societies, credit union, friendly societies, insurance, banking or other financial services, money laundering, insolvency, consumer credit or consumer protection;

(c) an administration of justice offence; or

(d) an offence committed (whether or not under the law of, or of any part of, the United Kingdom) in connection with, or in relation to, taxation for which a person of 21 years of age or over may be sentenced to imprisonment for a term of 2 years or more;

"trustee", in relation to a unit trust scheme, has the meaning given by section 237 of the 2000 Act;

"UK recognised clearing house" means a clearing house in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas clearing houses), is in force;

"UK recognised investment exchange" means an investment exchange in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas investment exchanges), is in force.

"work" includes -

(a) work of any kind, whether paid or unpaid, and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; and

(b) an office established by or by virtue of an enactment;

"work with children" means work of the kind described in paragraph 14 of Schedule 1 to this Order;

(2) Where, by virtue of this Order, the operation of any of the provisions of the Act is excluded in relation to spent convictions the exclusion shall be taken to extend to spent convictions for offences of every description unless the said provisions are excluded only in relation to spent convictions for relevant offences.

(3) Part IV of Schedule 1 to this Order shall have effect for the interpretation of expressions used in that Schedule.

(4) In this Order a reference to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

(5) The Interpretation Act [1978] shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

3
None of the provisions of section 4(2) of the Act shall apply in relation to—

(a) any question asked by or on behalf of any person, in the course of the duties of his office or employment, in order to assess the suitability—

(i) of the person to whom the question relates for admission to any of the professions specified in Part I of Schedule 1 to this Order; or

(ii) of the person to whom the question relates for any office or employment specified in Part II of the said Schedule 1 or for any other work specified in paragraph 12 or 13 of Part II of the said Schedule 1; or

(iii) of the person to whom the question relates or of any other person to pursue any occupation specified in Part III of the said Schedule 1 or to pursue it subject to a particular condition or restriction; or

(iv) of the person to whom the question relates or of any other person to hold a licence, certificate or permit of a kind specified in Schedule 2 to this Order or to hold it subject to a particular condition or restriction,

where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;

(aa) any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to work with children, where -

(i) the question relates to the person whose suitability is being assessed;

(ii) the person whose suitability is being assessed lives on the premises where his work with children would normally take place and the question relates to a person living in the same household as him;

(iii) the person whose suitability is being assessed lives on the premises where his work with children would normally take place and the question relates to a person who regularly works on those premises at a time when the work with children usually takes place; or

(iv) the work for which the person's suitability is being assessed is child minding which would normally take place on premises other than premises where that person lives and the question relates to a person who lives on those other premises or to a person who regularly works on them at a time when the child minding takes place,

and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;

(b) any question asked by or on behalf of any person, in the course of his duties as a person employed in the service of the Crown, the United Kingdom Atomic Energy Authority, the Financial Services Authority or the Post Office Corporation, in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed for the purpose of safeguarding national security.

(bb) any question asked by or on behalf of

(i) the Civil Aviation Authority,

(ii) any other person authorised to provide air traffic services under section 4 or section 5 of the Transport Act 2000 (in any case where such person is a company, an "authorised company"),

(iii) any company which is a subsidiary (within the meaning given by section 736(1) of the Companies Act 1985) of an authorised company, or

(iv) any company of which an authorised company is a subsidiary,

where, in the case of sub paragraphs (iii) and (iv) of this paragraph the question is put in relation to the provision of air traffic services, and in all cases, where the question is put in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed for the purpose of safeguarding national security;

(c) (Revoked)

(d) any of the following, that is to say—

(i) the refusal by the Building Societies Commission to grant authorisation;

(ii) the revocation by the said Commission of a building society’s authorisation;

(iii) the imposition by the said Commission of conditions on its authorisation;

(iv) the dismissal or exclusion by a building society of a person from a position as an officer in a building society;

by reason, or partly by reason, of a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

(e) any question asked by or on behalf of any person in the course of his duties as a person employed by an adoption agency for the purpose of assessing the suitability of any person to adopt children in general or a child in particular where -

(i) the question relates to the person whose suitability is being assessed; or

(ii) the question relates to a person over the age of 18 living in the same household as the person whose suitability is being assessed,

and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;

(f) any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to provide day care where -

(i) the question relates to the person whose suitability is being assessed; or

(ii) the question relates to a person who lives on the premises which are or are proposed to be day care premises,

and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed.

(g) any question asked by, or on behalf of, the person listed in the second column of any entry in the table below to the extent that it relates to a conviction for a relevant offence (or any circumstances ancillary to such a conviction) of any individual, but only if –

(i) the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for relevant offences are to be disclosed; and

(ii) the question is asked in order to assess the suitability of the individual to whom the question relates to have the status specified in the first column of that entry.

Status Questioner
1. A person with Part IV permission. The Financial Services Authority.
2. (a) An approved person (within the meaning of Part V of the 2000 Act (performance of regulated activities)).

(b) An associate of the person (whether or not an individual) mentioned in sub-paragraph (a).


The Financial Services Authority or the authorised person (within the meaning of section 31(2) of the 2000 Act) or the applicant for Part IV permission who made the application for the Authority’s approval under section 59 of the 2000 Act in relation to the person mentioned in sub-paragraph (a) of the first column.
3. (a) The manager or trustee of an authorised unit trust scheme, within the meaning of section 237 of the 2000 Act section.

(b) An associate of the person (whether or not an individual) mentioned in sub-paragraph (a).
The Financial Services Authority or the unit trust scheme mentioned in the first column.
4. (a) A director of an open-ended investment company.

(b) An associate of the person (whether or not an individual) mentioned in sub-paragraph (a).
The Financial Services Authority or the open-ended investment company mentioned in the first column.
5. An associate of the operator or trustee of a relevant collective investment scheme. The Financial Services Authority or the collective investment scheme mentioned in the first column.
6. An associate of a UK recognised investment exchange or UK recognised clearing house. The Financial Services Authority or the investment exchange or clearing house mentioned in the first column.
7. A controller of a person with Part IV permission. The Financial Services Authority or the person with Part IV permission mentioned in the first column.
8. (a) A person who carries on a regulated activity (within the meaning of section 22 of the 2000 Act) but to whom the general prohibition does not apply by virtue of section 327 of the 2000 Act (exemption from the general prohibition for members of a designated professional body).

(b) An associate of the person (whether or not an individual) mentioned in sub-paragraph (a).
(a) The Financial Services Authority.

(b) In the case of a person mentioned in sub-paragraph (b) of the first column, the person mentioned in sub-paragraph (a) of that column.



9. A key worker of the Financial Services Authority. The Financial Services Authority.
10. An ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service. The scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service.
11. An associate of the issuer of securities which have been admitted to the official list maintained by the competent authority for listing under section 74 of the 2000 Act. The competent authority for listing.
12. A sponsor (within the meaning of section 88(2) of the 2000 Act). The competent authority for listing.
13. A key worker of the competent authority for listing. The competent authority for listing.
14. An associate of a person who has Part IV permission and who is admitted to Lloyd’s as an underwriting agent (within the meaning of section 2 of Lloyd’s Act 1982). (a)The Council of Lloyd’s.

(b)The person with Part IV permission specified in the first column (or a person applying for such permission).

15. An associate of the Council of Lloyd’s. The Council of Lloyd’s.
16. (a) Any member of a UK recognised investment exchange or UK recognised clearing house.

(b) Any associate of the person (whether or not an individual) mentioned in sub-paragraph (a).
(a) The UK recognised investment exchange or UK recognised clearing house specified in the first column.

(b) In the case of a person mentioned in sub-paragraph (b) of the first column, the person mentioned in sub-paragraph (a) of that column.


(h) any question asked by or on behalf of the National Lottery Commission for the purpose of determining whether to grant or revoke a licence under Part I of the National Lottery etc. Act 1993 where the question relates to an individual-

(i) who manages the business or any part of the business carried on under the licence (or who is likely to do so if the licence is granted), or

(ii) for whose benefit that business is carried on (or is likely to be carried on if the licence is granted),

and where the person to whom the question relates is informed at the time that the question is asked that, by virtue of this Order, spent convictions are to be disclosed.

4
Paragraph (b) of section 4(3) of the Act shall not apply in relation to—

(a) the dismissal or exclusion of any person from any profession specified in Part I of Schedule 1 to this Order;

(b) any office, employment or occupation specified in Part II or Part III of the said Schedule 1 or any other work specified in paragraph 12 or 13 of Part II of the said Schedule 1;

(c) any action taken for the purpose of safeguarding national security.

(d) any decision by the Financial Services Authority–

(i) to refuse an application for Part IV permission under the 2000 Act,

(ii) to vary or to cancel such permission (or to refuse to vary or cancel such permission) or to impose a requirement under section 43 of that Act or,

(iii) to make, or to refuse to vary or revoke, an order under section 56 of that Act (prohibition orders),

(iv) to refuse an application for the Authority’s approval under section 59 of that Act or to withdraw such approval,

(v) to refuse to make, or to revoke, an order declaring a unit trust scheme to be an authorised unit trust scheme under section 243 of the 2000 Act or to refuse to give its approval under section 251 of the 2000 Act to a proposal to replace the manager or trustee of such a scheme,

(vi) to give a direction under section 257 of the 2000 Act (authorised unit trust schemes), or to vary (or to refuse to vary or revoke) such a direction,

(vii) to refuse to make, or to revoke, an authorisation order under regulation 14 of the Open-Ended Investment Companies Regulations 2001 or to refuse to give its approval under regulation 21 of those Regulations to a proposal to replace a director or to appoint an additional director of an open-ended investment company,

(viii) to give a direction to an open-ended investment company under regulation 25 of those Regulations or to vary (or refuse to vary or revoke) such a direction,

(ix) to refuse to give its approval to a collective investment scheme being recognised under section 270 of the 2000 Act or to direct that such a scheme cease to be recognised by virtue of that section or to refuse to make, or to revoke an order declaring a collective investment scheme to be a recognised scheme under section 272 of that Act,

(x) to refuse to make, or to revoke, a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act, or to give a direction to a UK recognised investment exchange or UK recognised clearing house under section 296 of the 2000 Act,

(xi) to make, or to refuse to vary or to revoke, an order under section 329 (orders in respect of members of a designated professional body in relation to the general prohibition), or

(xii) to dismiss, fail to promote or exclude a person from being a key worker of the Authority,

by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(e) any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(f) any decision of the competent authority for listing -

(i) to refuse an application for listing under Part VI of the 2000 Act or to discontinue or suspend the listing of any securities under section 77 of that Act,

(ii) to refuse to grant a person’s application for approval as a sponsor under section 88 of the 2000 Act or to cancel such approval, or

(iii) to dismiss, fail to promote or exclude a person from being a key worker of the competent authority for listing,

by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(g) any decision of anyone who is specified in any of sub-paragraphs 2 to 4 or 5 to 7 of the second column of the table in article 3(g), other than the Authority, to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in the first column of that table (but not, where applicable, the status of being an associate of another person), by reason of, or partly by reason of, a spent conviction of that individual or of his associate for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(h) any decision of anyone who is specified in sub-paragraph 8(a), 14(a) or 16(a) of the second column of the table in article 3(g) to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in sub-paragraph (b) of the first column of that table (associate), by reason of, or partly by reason of, a spent conviction of that individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(i) any decision of the Council of Lloyd’s –

(i) to refuse to admit any person as, or to exclude, an underwriting agent (within the meaning of section 2 of Lloyd’s Act 1982), where that person has, or who has applied for, Part IV permission, or

(ii) to dismiss, or to exclude a person from being, an associate of the Council of Lloyd’s,

by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;

(j) any decision of a UK recognised investment exchange or UK recognised clearing house to refuse to admit any person as, or to exclude, a member by reason of, or partly by reason of, a spent conviction of an individual for a relevant offence, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

5
(1) Section 4(1) of the Act shall not—

(a) apply in relation to any proceedings specified in Schedule 3 to this Order;

(b) apply in relation to any proceedings specified in paragraph (2) below to the extent that there falls to be determined therein any issue relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto;

(c) prevent, in any proceedings specified in paragraph (2) below, the admission or requirement of any evidence relating to a person’s spent conviction for any relevant offence or to circumstances ancillary thereto.

(2) The proceedings referred to in paragraph (1) above are any proceedings with respect to a decision or proposed decision of the kind specified in article 4(d) to (j).

SCHEDULE 1
Excepted professions, offices, employments, work and occupations
Articles 2(3), 3 and 4
Part I
Professions
1

Medical practitioner.

2

Barrister (in England and Wales), advocate (in Scotland), solicitor.

3

Chartered accountant, certified accountant.

4

Dentist, dental hygienist, dental auxiliary.

5

Veterinary surgeon.

6

Nurse, midwife.

7

Ophthalmic optician, dispensing optician.

8

Pharmaceutical chemist.

9

Registered teacher (in Scotland).

10

Any profession to which the Professions Supplementary to Medicine Act 1960 applies and which is undertaken following registration under that Act.

11

Registered osteopath.

12

Registered chiropractor.

13

Chartered psychologist.

14

Actuary.

15

Registered foreign lawyer.

16

Legal executive.

17

Receiver appointed by the Court of Protection.

Part II
Offices, employments and work
1

Judicial appointments.

2

The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service.

3

Procurators Fiscal and District Court Prosecutors, and any employment in the office of a Procurator Fiscal or District Court Prosecutor or in the Crown Office.

4

Justices’ chief executives, justices’ clerks and their assistants.

5

Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the district court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants.

6

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.

7

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.

8

Traffic wardens appointed under section [95] of the Road Traffic Regulation Act [1984] or section 9 of the Police (Scotland) Act 1967.

9

Probation officers appointed under Schedule 3 to the Powers of Criminal Courts Act 1973.

10, 11

(Revoked).

12

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.

13

Any employment or other work which is concerned with the provision of health services 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 persons in receipt of such services in the course of his normal duties.

14

Any work which is -


(a) work in a regulated position; or

(b) work in a further education institution where the normal duties of that work involve regular contact with persons aged under 18.

15

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.

16

Any office or employment in the Serious Fraud Office.

17

Any office or employment in the National Crime Squad or the National Criminal Intelligence Service.

18

Any office or employment in Her Majesty’s Customs and Excise.

19

Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.

Part III
Regulated occupations
1

Firearms dealer.

2

Any occupation in respect of which an application to the Gaming Board for Great Britain for a licence, certificate or registration is required by or under any enactment.

3, 4 & 5

(Revoked)

6

Any occupation which is concerned with—

(a) the 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; or

(b) in England and Wales, carrying on a nursing home in respect of which registration is required by section 187 of the Public Health Act 1936 or section 14 of the Mental Health Act 1959; or

(c) in Scotland, carrying on a nursing home in respect of which registration is required under section 1 of the Nursing Homes Registration (Scotland) Act 1938 or a private hospital in respect of which registration is required under section 15 of the Mental Health (Scotland) Act 1960.

7

Any occupation which is concerned with carrying on an establishment in respect of which registration is required by section 37 of the National Assistance Act 1948 or section 61 of the Social Work (Scotland) Act 1968.

8

Any occupation in respect of which the holder, as occupier of premises on which explosives are kept, is required by any Order in Council made under section 43 of the Explosives Act 1875 to obtain from the police or a court of summary jurisdiction a certificate as to his fitness to keep the explosives.

9

Taxi driver.

Part IV
Interpretation
In this Schedule—

"actuary" means a member of the Institute of Actuaries or a member or student of the Faculty of Actuaries;

"care services" means

(i) accommodation and nursing or personal care in a care home (where "care home" has the same meaning as in the Care Standards Act 2000);

(ii) personal care or nursing or support for a person to live independently in his own home;

(iii) social care services; or

(iv) any services provided in an establishment catering for a person with learning difficulties;

"certified accountant" means a member of the Association of Certified Accountants;

"chartered accountant" means a member of the Institute of Chartered Accountants in England and Wales or of the Institute of Chartered Accountants of Scotland;

"chartered psychologist" means a psychologist included in the British Psychological Society’s Register of Chartered Psychologists;

"firearms dealer" has the meaning assigned to that expression by section 57(4) of the Firearms Act 1968;

"further education" has the meaning assigned to that expression by section 41 of the Education Act 1944 or, in Scotland, section 4 of the Education (Scotland) Act 1962;

"further education institution" has the meaning given to it by paragraph 3 of the Education (Restriction of Employment) Regulations 2000;

"health services" means services provided under the National Health Service Acts 1946 to 1973 or the National Health Service (Scotland) Acts 1947 to 1973 and similar services provided otherwise than under the National Health Service;

"judicial appointment" means an appointment to any office by virtue of which the holder has power (whether alone or with others) under any enactment or rule of law to determine any question affecting the rights, privileges, obligations or liabilities of any person;

"legal executive" means a fellow of the Institute of Legal Executives;

"proprietor" and "independent school" have the meanings assigned to those expressions by section 114(1) of the Education Act 1944, or in Scotland, section 145 of the Education (Scotland) Act 1962;

"registered chiropractor" has the meaning given by section 43 of the Chiropractors Act 1994;

"registered foreign lawyer" has the meaning given by section 89 of the Courts and legal Services Act 1990;

"registered osteopath" has the meaning given by section 41 of the Osteopaths Act 1993;

"registered teacher" means a teacher registered under the Teaching Council (Scotland) Act 1965 and includes a provisionally registered teacher;

"regulated position" means a position which is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000;

"school" has the meaning assigned to that expression by section 114(1) of the Education Act 1944 or, in Scotland, section 145 of the Education (Scotland) Act 1962;

"taxi driver" means a driver of a hackney carriage vehicle who is required to be licensed by a person pursuant to section 46 of the Town Police Clauses Act 1847 and section 59 of the Local Government (Miscellaneous Provisions) Act 1976 or pursuant to section 8 of the Metropolitan Public Carriage Act 1869, or a driver of a private hire vehicle who is required to be licensed by a person under section 51 of the Local Government (Miscellaneous Provisions) Act 1976 or the Plymouth City Council Act 1975;

"teacher" includes a warden of a community centre, leader of a youth club or similar institution, youth worker and, in Scotland, youth and community worker.

"vulnerable adult" means a person aged 18 or over who has a condition of the following type:

(i) a substantial learning or physical disability;

(ii) a physical or mental illness or mental disorder, chronic or otherwise, including an addiction to alcohol or drugs; or

(iii) a significant reduction in physical or mental capacity.

SCHEDULE 2
Excepted Licences, Certificates and Permits
Article 3
1

Firearm certificates and shot gun certificates issued under the Firearms Act 1968, and permits issued under section 7(1), 9(2) or 13(1)(c) of that Act.

2

Licences issued under section 25 of the Children and Young Persons Act 1933 (which relates to persons under the age of 18 going abroad for the purpose of performing or being exhibited for profit).

3

Certificates issued by the police or a court of summary jurisdiction under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of a person to keep explosives for private use.

SCHEDULE 3
Excepted Proceedings
Article 5
1

Proceedings in respect of a person’s admission to, or disciplinary proceedings against a member of, any profession specified in Part I of Schedule 1 to this Order.

2

Proceedings before the Court of Appeal or the High Court in the exercise of their disciplinary jurisdiction in respect of solicitors.

3

Disciplinary proceedings against a constable.

4

Proceedings before the Gaming Board for Great Britain.

5

Proceedings under the Mental Health Act [1983] before any Mental Health Review Tribunal, or under the Mental Health (Scotland) Act 1960 before the Sheriff or the Mental Welfare Commission for Scotland.

6

Proceedings under the Firearms Act 1968 in respect of—

(a) the registration of a person as a firearms dealer, the removal of a person’s name from a register of firearms dealers or the imposition, variation or revocation of conditions of any such registration; or

(b) the grant, renewal, variation or revocation of a firearm certificate; or

(c) the grant, renewal or revocation of a shot gun certificate; or

(d) the grant of a permit under section 7(1), 9(2) or 13(1)(c) of that Act.

7

Proceedings in respect of the grant, renewal or variation of a licence under section 25 of the Children and Young Persons Act 1933 (which relates to persons under the age of 18 going abroad for the purpose of performing or being exhibited for profit).

8

(Revoked)

9

Proceedings in respect of a determination by the Secretary of State as to the suitability of a person—

(a) for employment as a teacher in a school or establishment for further education (within the meaning of paragraph 10 of Part II of Schedule 1 to this Order), or in determining the extent to which a person may be employed as such a teacher; or

(b) to be the proprietor of an independent school (within the meaning of paragraph 11 of the said Part II),

(including proceedings before an Independent Schools Tribunal in respect of the above matters under section 72 of the Education Act 1944 or section 113 of the Education (Scotland) Act 1962).

10

Proceedings under the Prevention of Fraud (Investments) Act 1958 in respect of an application for, or revocation of,—

(a) a licence to deal in securities; or

(b) an order by the Secretary of State declaring a person to be an exempted dealer for the purposes of that Act; or

(c) an order by the Secretary of State declaring a unit trust scheme to be an authorised unit trust scheme for the purposes of that Act,

(including proceedings under section 6 of that Act before the tribunal of inquiry constituted under that section in respect of a licence to deal in securities).

11

Proceedings in respect of an application for, or cancellation of,—

(a) the Secretary of State’s approval of a place under section 1 of the Abortion Act 1967; or

(b) in England and Wales, registration in respect of a nursing home under section 187 of the Public Health Act 1936 or section 14 of the Mental Health Act 1959; or

(c) in Scotland, registration in respect of a nursing home under section 1 of the Nursing Homes Registration (Scotland) Act 1938 or of a private hospital under section 15 of the Mental Health (Scotland) Act 1960.

12

Proceedings in respect of an application for, or cancellation of, registration under section 37 of the National Assistance Act 1948 or section 61 of the Social Work (Scotland) Act 1968 in respect of any such establishment as is mentioned in those sections.

13

Proceedings on an application to the police or a court of summary jurisdiction for a certificate under any Order in Council made under section 43 of the Explosives Act 1875 as to the fitness of the applicant to keep explosives.

14

Proceedings by way of appeal against, or review of, any decision taken, by virtue of any of the provisions of this Order, on consideration of a spent conviction.

15

Proceedings held for the receipt of evidence affecting the determination of any question arising in any proceedings specified in this Schedule.

16

Proceedings held in respect of an application for the grant, renewal, or cancellation of a licence to be a taxi driver.

17

Proceedings-

(a) before the National Lottery Commission in respect of the grant or revocation of a licence under Part I of the National Lottery etc. Act 1993; or

(b) by way of appeal to the Secretary of State against the revocation of any such licence by the National Lottery Commission.







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Thank you Nidge.

That should half our monthly web space.

Alex

_________________
ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ

Simply the best taxi forum in the whole wide world. www.taxi-driver.co.uk

Sorry I was going to crop it but I had a pint in me hands Whittle it down if it's going hammer you, once again sorry

now Nige
to ensure we know how you fully understand it tell us in your own words what you think it means please.