Northern Ireland’s Department of Justice has amended the Rehabilitation of Offenders (Exceptions) framework to widen when spent convictions can be requested for safeguarding purposes. The new Statutory Rule-The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2026-was made on 3 February 2026 and comes into operation on 17 February 2026.
The Order inserts two new categories into Article 2(1) of the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979. First, it brings individuals seeking to act as adult restorative justice practitioners within scope of the exceptions. Second, it covers questions asked by a person who wishes to employ or engage a self‑employed individual or a personal employee for work listed at paragraphs 11, 13, 21 or 22 of Part II of Schedule 1 to the 1979 Order. In both cases, the individual must be told at the point of questioning that, by virtue of the Order, spent convictions are to be disclosed. (legislation.gov.uk)
The 1979 Order sets the legal mechanism. In specified circumstances it disapplies Article 5(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978, which would otherwise prevent questions about spent convictions being put to applicants or workers. Where an exception applies, decision‑makers may consider a spent conviction, or a failure to disclose one, when assessing suitability for sensitive roles, admissions or licences. Outside those circumstances, individuals are to be treated as if not convicted. (legislation.gov.uk)
Protected convictions remain excluded from disclosure even where an exception applies. Article 1A of the 1979 Order (inserted in 2014) defines protected convictions, and a 2019 amendment allowed more than one offence to become protected. Recruitment materials and declaration forms should continue to recognise this carve‑out. (legislation.gov.uk)
In practice, paragraphs 11 and 13 of Part II of Schedule 1 capture employments with direct access to children, older people and other vulnerable groups in the normal course of duties, including youth settings. Paragraphs 21 and 22 are additional safeguarding‑relevant employments within the same Part II list. This is the cohort most likely to be engaged through self‑employment or as personal employees under the new wording. (legislation.gov.uk)
For employers and contracting bodies, the immediate task is operational. From 17 February 2026, application forms, interview scripts and contractor onboarding documents for the affected roles should include the statutory notice making clear that spent convictions must be disclosed under the 1979 Order exceptions. Processes should also signpost that protected convictions must not be requested or considered.
For self‑employed individuals and personal employees undertaking work within the listed Schedule 1 paragraphs, the change formalises self‑disclosure when asked and notified. Commissioners and householders engaging such workers should ensure their vetting questions are limited to what is permitted and that the notification requirement is met at the time the question is asked. (legislation.gov.uk)
The adult restorative justice provision aligns with wider policy development. The Department of Justice’s Adult Restorative Justice Strategy progress update (9 January 2026) highlights work on new practice standards and accreditation, signalling a move to more formalised professional oversight in this area. (justice-ni.gov.uk)
This is a Northern Ireland‑only change. Equivalent exceptions regimes in England and Wales, and in Scotland, are set by separate instruments and are unaffected. The Order was made under Article 5(4) of the 1978 Order and was sealed by the Minister of Justice, Naomi Long MLA, on 3 February 2026. (legislation.gov.uk)