The Ministry of Justice has brought into force a targeted update to the Rehabilitation of Offenders Act 1974 (Exceptions) framework for England and Wales. From 21 January 2026, certain roles and licences can lawfully require disclosure of spent convictions and cautions when assessing suitability. The measure was laid under the affirmative procedure and is recorded as coming into force on 21 January 2026. (statutoryinstruments.parliament.uk)
The Order amends Article 3 of the 1975 Exceptions Order so that a person seeking to employ or engage a self‑employed individual, or a “personal employee”, may ask questions about spent convictions where the work is regulated activity involving children or vulnerable adults, as specified in the Order. In debate, ministers confirmed the intent to bring self‑employed and personal employees within scope for safeguarding consistency. (legislation.gov.uk)
The instrument also inserts an interpretation of “personal employee”, defined as someone employed or engaged directly by a private individual to provide domestic or personal services. In practical terms, this clarifies that private households hiring nannies, carers or similar roles within regulated activity may require disclosure when assessing suitability. (hansard.parliament.uk)
A new employment category is added covering delivery of electronic monitoring and field services by contractors operating under arrangements made by the Secretary of State under section 3 of the Offender Management Act 2007. This aligns disclosure rules with the sensitivity of tagging and compliance work carried out under contractual delegation. (hansard.parliament.uk)
Registered health care professionals employed or engaged by the Secretary of State for Work and Pensions, or by DWP contractors and sub‑contractors, are brought within the exceptions. The Order cross‑refers to the Social Security Act 1998, where “health care professional” includes doctors, nurses, occupational therapists and physiotherapists, with scope to prescribe other regulated professions. (hansard.parliament.uk)
Licences granted under regulations made under section 2 of the Pedicabs (London) Act 2024 are added to the list of excepted licences. Because Transport for London’s pedicab regime may cover licensing of pedicabs, drivers and operators, decision‑makers will be able to consider spent convictions when determining suitability. (hansard.parliament.uk)
Taken together, these changes mean spent convictions and cautions may be taken into account when assessing an individual’s suitability for the specified roles and licences. The exceptions apply only to the defined categories and do not amount to a general removal of protections for spent records under section 4 of the 1974 Act. (hansard.parliament.uk)
For employers and commissioners, the immediate actions are administrative: update recruitment questions and privacy notices to identify the statutory basis for seeking spent‑record disclosures in the affected roles; ensure questioning remains role‑specific and proportionate; and align internal record‑keeping with the updated legal gateway. These steps help demonstrate compliance if decisions are later scrutinised. (statutoryinstruments.parliament.uk)
Families directly employing care workers should note that the change is limited to regulated activity. It does not extend disclosure rights beyond what the Order specifies, but it does close a gap where equivalent roles employed via organisations were already in scope. Prospective workers should expect clearer pre‑engagement questioning about relevant spent matters. (hansard.parliament.uk)
The Order extends to England and Wales only. Pedicab licensing is confined to London under the 2024 Act; Scotland and Northern Ireland have separate frameworks. The provisions take effect from 21 January 2026, so public bodies, contractors and licensing authorities should align processes without delay. (statutoryinstruments.parliament.uk)