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Protection of Freedoms Act 2012

Sections339

Protection of Freedoms Act 2012

2012 c. 9

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.

Enacted[1st May 2012]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Regulation of biometric data

CHAPTER 1 Destruction, retention and use of fingerprints etc.

Destruction rule for fingerprints and DNA profiles subject to PACE

I221 Destruction of fingerprints and DNA profiles

After section 63C of the Police and Criminal Evidence Act 1984 insert—

Modification of rule for particular circumstances

I1702 Material retained pending investigation or proceedings

After section 63D of the Police and Criminal Evidence Act 1984 (for which see section 1) insert—

I843 Persons arrested for or charged with a qualifying offence

After section 63E of the Police and Criminal Evidence Act 1984 (for which see section 2) insert—

I544 Persons arrested for or charged with a minor offence

After section 63G of the Police and Criminal Evidence Act 1984 (for which see section 3) insert—

I365 Persons convicted of a recordable offence

After section 63H of the Police and Criminal Evidence Act 1984 (for which see section 4) insert—

I1476 Persons convicted of an offence outside England and Wales

After section 63I of the Police and Criminal Evidence Act 1984 (for which see section 5) insert—

I2127 Persons under 18 convicted of first minor offence

After section 63J of the Police and Criminal Evidence Act 1984 (for which see section 6) insert—

I3378 Persons given a penalty notice

After section 63K of the Police and Criminal Evidence Act 1984 (for which see section 7) insert—

I479 Material retained for purposes of national security

After section 63L of the Police and Criminal Evidence Act 1984 (for which see section 8) insert—

I28410 Material given voluntarily

After section 63M of the Police and Criminal Evidence Act 1984 (for which see section 9) insert—

I16811 Material retained with consent

After section 63N of the Police and Criminal Evidence Act 1984 (for which see section 10) insert—

I27112 Material obtained for one purpose and used for another

After section 63O of the Police and Criminal Evidence Act 1984 (for which see section 11) insert—

I99I23013 Destruction of copies

After section 63P of the Police and Criminal Evidence Act 1984 (for which see section 12) insert—

Destruction rules for samples and impressions of footwear subject to PACE

I6114 Destruction of samples

After section 63Q of the Police and Criminal Evidence Act 1984 (for which see section 13) insert—

I36215 Destruction of impressions of footwear

After section 63R of the Police and Criminal Evidence Act 1984 (for which see section 14) insert—

Supplementary provision for material subject to PACE

I25316 Use of retained material

After section 63S of the Police and Criminal Evidence Act 1984 (for which see section 15) insert—

I38117 Exclusions for certain regimes

After section 63T of the Police and Criminal Evidence Act 1984 (for which see section 16) insert—

I20518 Interpretation and minor amendments of PACE

1 The Police and Criminal Evidence Act 1984 is amended as follows.
2 In section 65(1) (interpretation of Part 5)—
a after the definition of “appropriate consent” insert—
,
b after the definition of “registered health care professional” insert—
, and
c after the definition of “terrorism” insert—
.
C293 After section 65(2) (meaning of references to a sample's proving insufficient) insert—
4 In section 65A(2) (list of “qualifying offences” for purposes of Part 5), in paragraph (j) (offences under the Theft Act 1968), for “section 9” substitute “ section 8, 9 ”.
5 After section 65A insert—

Amendments of regimes other than PACE

I32019 Amendments of regimes other than PACE

Schedule 1 (which amends regimes other than the regime in the Police and Criminal Evidence Act 1984 amended by sections 1 to 18) has effect.

The Commissioner for the Retention and Use of Biometric Material

20 Appointment and functions of Commissioner

I2161 The Secretary of State must appoint a Commissioner to be known as the Commissioner for the Retention and Use of Biometric Material (referred to in this section and section 21 as “the Commissioner”).
I2752 It is the function of the Commissioner to keep under review—
a every national security determination made or renewed under—
i section 63M of the Police and Criminal Evidence Act 1984 (section 63D material retained for purposes of national security),
ii paragraph 20E of Schedule 8 to the Terrorism Act 2000 (paragraph 20A material retained for purposes of national security),
iii section 18B of the Counter-Terrorism Act 2008 (section 18 material retained for purposes of national security),
iv paragraph 11 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (paragraph 6 material retained for purposes of national security),
iva paragraph 46 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019,
ivb paragraph 22 of Schedule 6 to the National Security Act 2023,
ivc paragraph 11 of Schedule 12 to that Act,
v section 18G of the Criminal Procedure (Scotland) Act 1995 (certain material retained for purposes of national security), and
vi paragraph 7 of Schedule 1 to this Act (material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989 retained for purposes of national security),
b the uses to which material retained pursuant to a national security determination is being put.
I2753 It is the duty of every person who makes or renews a national security determination under a provision mentioned in subsection (2)(a) to—
a send to the Commissioner a copy of the determination or renewed determination, and the reasons for making or renewing the determination, within 28 days of making or renewing it, and
b disclose or provide to the Commissioner such documents and information as the Commissioner may require for the purpose of carrying out the Commissioner's functions under subsection (2).
I2754 If, on reviewing a national security determination made or renewed under a provision mentioned in subsection (2)(a), the Commissioner concludes that it is not necessary for any material retained pursuant to the determination to be so retained, the Commissioner may order the destruction of the material if the condition in subsection (5) is met.
I2755 The condition is that the material retained pursuant to the national security determination is not otherwise capable of being lawfully retained.
I2756 The Commissioner also has the function of keeping under review—
a the retention and use in accordance with sections 63A and 63D to 63T of the Police and Criminal Evidence Act 1984 of—
i any material to which section 63D or 63R of that Act applies (fingerprints, DNA profiles and samples), and
ii any copies of any material to which section 63D of that Act applies (fingerprints and DNA profiles),
b the retention and use in accordance with paragraphs 20A to 20J of Schedule 8 to the Terrorism Act 2000 of—
i any material to which paragraph 20A or 20G of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
ii any copies of any material to which paragraph 20A of that Schedule applies (fingerprints, relevant physical data and DNA profiles),
c the retention and use in accordance with sections 18 to 18E of the Counter-Terrorism Act 2008 of—
i any material to which section 18 of that Act applies (fingerprints, DNA samples and DNA profiles), and
ii any copies of fingerprints or DNA profiles to which section 18 of that Act applies,
d the retention and use in accordance with paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 of—
i any material to which paragraph 6 or 12 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
ii any copies of any material to which paragraph 6 of that Schedule applies (fingerprints, relevant physical data and DNA profiles),
e the retention and use in accordance with paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 of—
i any material to which paragraph 43 or 49 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
ii any copies of any material to which paragraph 43 of that Schedule applies (fingerprints, relevant physical data and DNA profiles).
f the retention and use in accordance with Part 4 of Schedule 6 to the National Security Act 2023 of—
i any material to which paragraph 19 or 25 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
ii any copies of any material to which paragraph 19 of that Schedule applies (fingerprints, relevant physical data and DNA profiles),
g the retention and use in accordance with paragraphs 5 to 15 of Schedule 12 to the National Security Act 2023 of—
i any material to which paragraph 6 or 13 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
ii any copies of any material to which paragraph 6 of that Schedule applies (fingerprints, relevant physical data and DNA profiles).
I2757 But subsection (6) does not apply so far as the retention or use of the material falls to be reviewed by virtue of subsection (2).
I2758 In relation to Scotland—
a the reference in subsection (6)(b) to use of material, or copies of material, in accordance with paragraphs 20A to 20J of Schedule 8 to the Terrorism Act 2000 includes a reference to use of material, or copies of material, in accordance with section 19C(2)(c) and (d) of the Criminal Procedure (Scotland) Act 1995, F41...
b the reference in subsection (6)(d) to use of material, or copies of material, in accordance with paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 is to be read as a reference to use only for a purpose mentioned in paragraph 13(1)(a) or (b) of that Schedule to that Act, and
c the reference in subsection (6)(e) to use of material, or copies of material, in accordance with paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 includes a reference to use of material, or copies of material, in accordance with section 19C(2)(c) and (d) of the Criminal Procedure (Scotland) Act 1995.
I2759 The Commissioner also has functions under sections 63F(5)(c) and 63G (giving of consent in relation to the retention of certain section 63D material).
I21610 The Commissioner is to hold office in accordance with the terms of the Commissioner's appointment; and the Secretary of State may pay in respect of the Commissioner any expenses, remuneration or allowances that the Secretary of State may determine.
I21611 The Secretary of State may, after consultation with the Commissioner, provide the Commissioner with—
a such staff, and
b such accommodation, equipment and other facilities,
as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

I16421 Reports by Commissioner

1 The Commissioner must make a report to the Secretary of State about the carrying out of the Commissioner's functions as soon as reasonably practicable after the end of—
a the period of 9 months beginning when this section comes into force, and
b every subsequent 12 month period.
2 The Commissioner may also, at any time, make such report to the Secretary of State on any matter relating to the Commissioner's functions as the Commissioner considers appropriate.
3 The Secretary of State may at any time require the Commissioner to report on any matter relating to the Commissioner's functions.
4 On receiving a report from the Commissioner under this section, the Secretary of State must—
a publish the report, and
b lay a copy of the published report before Parliament.
5 The Secretary of State may, after consultation with the Commissioner, exclude from publication any part of a report under this section if, in the opinion of the Secretary of State, the publication of that part would be contrary to the public interest or prejudicial to national security.

Other provisions

I25922 Guidance on making national security determinations

1 The Secretary of State must give guidance about making or renewing national security determinations under a provision mentioned in section 20(2)(a).
2 Any person authorised to make or renew any such national security determination must have regard to any guidance given under this section.
3 The Secretary of State may give different guidance for different purposes.
4 In the course of preparing the guidance, or revising guidance already given, the Secretary of State must consult the Commissioner for the Retention and Use of Biometric Material and the Lord Advocate.
5 Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay before Parliament—
a the proposed guidance or proposed revisions, and
b a draft of an order providing for the guidance, or revisions to the guidance, to come into force.
6 The Secretary of State must make the order, and issue the guidance or (as the case may be) make the revisions to the guidance, if the draft of the order is approved by a resolution of each House of Parliament.
7 Guidance, or revisions to guidance, come into force in accordance with an order under this section.
8 Such an order—
a is to be a statutory instrument, and
b may contain transitional, transitory or saving provision.
9 The Secretary of State must publish any guidance given or revised under this section.

I24823 Inclusion of DNA profiles on National DNA Database

After section 63A of the Police and Criminal Evidence Act 1984 insert—

I6724 National DNA Database Strategy Board

After section 63AA of the Police and Criminal Evidence Act 1984 (for which see section 23) insert—

I825 Material taken before commencement

1 The Secretary of State must by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Chapter.
2 The Secretary of State must, in particular, provide for the destruction or retention of PACE material taken, or (in the case of a DNA profile) derived from a sample taken, before the commencement day in connection with the investigation of an offence.
3 Such provision must, in particular, ensure—
a in the case of material taken or derived 3 years or more before the commencement day from a person who—
i was arrested for, or charged with, the offence, and
ii has not been convicted of the offence,
the destruction of the material on the coming into force of the order if the offence was a qualifying offence,
b in the case of material taken or derived less than 3 years before the commencement day from a person who—
i was arrested for, or charged with, the offence, and
ii has not been convicted of the offence,
the destruction of the material within the period of 3 years beginning with the day on which the material was taken or derived if the offence was a qualifying offence, and
c in the case of material taken or derived before the commencement day from a person who—
i was arrested for, or charged with, the offence, and
ii has not been convicted of the offence,
the destruction of the material on the coming into force of the order if the offence was an offence other than a qualifying offence.
4 An order under this section may, in particular, provide for exceptions to provision of the kind mentioned in subsection (3).
5 Subsection (6) applies if an order under section 113(1) of the Police and Criminal Evidence Act 1984 (application of that Act to Armed Forces) makes provision equivalent to sections 63D to 63U of that Act.
6 The power to make an order under section 113(1) of the Act of 1984 includes the power to make provision of the kind that may be made by an order under this section; and the duties which apply to the Secretary of State under this section in relation to an order under this section apply accordingly in relation to an order under section 113(1) of that Act.
7 An order under this section is to be made by statutory instrument.
8 A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
9 In this section—
  • “the commencement day” means the day on which section 1 comes into force,
  • “PACE material” means material that would have been material to which section 63D or 63R of the Police and Criminal Evidence Act 1984 applied if those provisions had been in force when it was taken or derived.

CHAPTER 2 Protection of biometric information of children in schools etc.

I117I7926 Requirement to notify and obtain consent before processing biometric information

1 This section applies in relation to any processing of a child's biometric information by or on behalf of the relevant authority of—
a a school,
b a 16 to 19 Academy, or
c a further education institution.
2 Before the first processing of a child's biometric information on or after the coming into force of subsection (3), the relevant authority must notify each parent of the child—
a of its intention to process the child's biometric information, and
b that the parent may object at any time to the processing of the information.
3 The relevant authority must ensure that a child's biometric information is not processed unless—
a at least one parent of the child consents to the information being processed, and
b no parent of the child has withdrawn his or her consent, or otherwise objected, to the information being processed.
4 Section 27 makes further provision about the requirement to notify parents and the obtaining and withdrawal of consent (including when notification and consent are not required).
5 But if, at any time, the child—
a refuses to participate in, or continue to participate in, anything that involves the processing of the child's biometric information, or
b otherwise objects to the processing of that information,
the relevant authority must ensure that the information is not processed, irrespective of any consent given by a parent of the child under subsection (3).
6 Subsection (7) applies in relation to any child whose biometric information, by virtue of this section, may not be processed.
7 The relevant authority must ensure that reasonable alternative means are available by which the child may do, or be subject to, anything which the child would have been able to do, or be subject to, had the child's biometric information been processed.

I181I7427 Exceptions and further provision about consent and notification

1 For the purposes of section 26(2) and (3), the relevant authority is not required to notify a parent, or obtain the consent of a parent, if the relevant authority is satisfied that—
a the parent cannot be found,
b the parent lacks capacity (within the meaning of the Mental Capacity Act 2005) to object or (as the case may be) consent to the processing of the child's biometric information,
c the welfare of the child requires that the parent is not contacted, or
d it is otherwise not reasonably practicable to notify the parent or (as the case may be) obtain the consent of the parent.
2 A notification under section 26(2) must be given in writing, and any objection to the processing of a child's biometric information must be made in writing.
3 Consent under section 26(3) may be withdrawn at any time.
4 Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in writing.
5 Section 26 and this section are in addition to the requirements of the data protection legislation.
6 In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

I231I13528 Interpretation: Chapter 2

1 In this Chapter—
  • “biometric information” is to be read in accordance with subsections (2) to (4),
  • “child” means a person under the age of 18,
  • “further education institution” means an institution within the further education sector (within the meaning given by section 91(3)(a) to (c) of the Further and Higher Education Act 1992),
  • “parent” is to be read in accordance with subsections (5) to (8),
  • “parental responsibility” is to be read in accordance with the Children Act 1989,
  • “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);
  • “proprietor”, in relation to a school or 16 to 19 Academy, has the meaning given by section 579(1) of the Education Act 1996, subject to the modification in subsection (9),
  • “relevant authority” means—
    1. in relation to a school, the proprietor of the school,
    2. in relation to a 16 to 19 Academy, the proprietor of the Academy,
    3. in relation to a further education institution, the governing body of the institution (within the meaning given by paragraphs (a), (c) and (d) of the definition of “governing body” in section 90(1) of the Further and Higher Education Act 1992),
  • “school” has the meaning given by section 4 of the Education Act 1996, subject to the modification in subsection (10),
  • “16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010.
2 “Biometric information” means information about a person's physical or behavioural characteristics or features which—
a is capable of being used in order to establish or verify the identity of the person, and
b is obtained or recorded with the intention that it be used for the purposes of a biometric recognition system.
3 Biometric information may, in particular, include—
a information about the skin pattern and other physical characteristics or features of a person's fingers or palms,
b information about the features of an iris or any other part of the eye, and
c information about a person's voice or handwriting.
4 In subsection (2) “biometric recognition system” means a system which, by means of equipment operating automatically—
a obtains or records information about a person's physical or behavioural characteristics or features, and
b compares the information with stored information that has previously been so obtained or recorded, or otherwise processes the information, for the purpose of establishing or verifying the identity of the person, or otherwise determining whether the person is recognised by the system.
5 “Parent” means a parent of the child and any individual who is not a parent of the child but who has parental responsibility for the child.
6 In a case where the relevant authority is satisfied that, by virtue of section 27(1), there is no person falling within subsection (5) who must be notified or whose consent is required, “parent” is to be read as including each individual who has care of the child, but this is subject to subsections (7) and (8).
7 In a case to which subsection (6) applies where the child is looked after by a local authority (within the meaning given by section 22(1) of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014), “parent” is to be read as meaning the local authority looking after the child.
8 In a case to which subsection (6) applies where the child is not looked after by a local authority (within the meaning given by section 22(1) of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014) but a voluntary organisation has provided accommodation for the child in accordance with section 59(1) of the Children Act 1989 by—
a placing the child with a foster parent, or
b maintaining the child in a children's home,
“parent” is to be read as meaning the voluntary organisation that so placed or maintains the child.
9 A reference to the proprietor of a school is to be read, in relation to a pupil referral unit for which there is a management committee established by virtue of paragraph 15 of Schedule 1 to the Education Act 1996, as a reference to that committee; and for this purpose “pupil referral unit” has the meaning given by section 19(2) 19A(2) of that Act.
10 A reference to a school is to be read as if it included a reference to any independent educational institution (within the meaning given by section 92 of the Education and Skills Act 2008).

Part 2 Regulation of surveillance

CHAPTER 1 Regulation of CCTV and other surveillance camera technology

Code of practice

I1929 Code of practice for surveillance camera systems

1 The Secretary of State must prepare a code of practice containing guidance about surveillance camera systems.
2 Such a code must contain guidance about one or more of the following—
a the development or use of surveillance camera systems,
b the use or processing of images or other information obtained by virtue of such systems.
3 Such a code may, in particular, include provision about—
a considerations as to whether to use surveillance camera systems,
b types of systems or apparatus,
c technical standards for systems or apparatus,
d locations for systems or apparatus,
e the publication of information about systems or apparatus,
f standards applicable to persons using or maintaining systems or apparatus,
g standards applicable to persons using or processing information obtained by virtue of systems,
h access to, or disclosure of, information so obtained,
i procedures for complaints or consultation.
4 Such a code—
a need not contain provision about every type of surveillance camera system,
b may make different provision for different purposes.
5 In the course of preparing such a code, the Secretary of State must consult—
a such persons appearing to the Secretary of State to be representative of the views of persons who are, or are likely to be, subject to the duty under section 33(1) (duty to have regard to the code) as the Secretary of State considers appropriate,
b the National Police Chiefs’ Council ,
c the Information Commissioner,
d the Investigatory Powers Commissioner ,
e the Surveillance Camera Commissioner,
f the Welsh Ministers, and
g such other persons as the Secretary of State considers appropriate.
6 In this Chapter “surveillance camera systems” means—
a closed circuit television or automatic number plate recognition systems,
b any other systems for recording or viewing visual images for surveillance purposes,
c any systems for storing, receiving, transmitting, processing or checking images or information obtained by systems falling within paragraph (a) or (b), or
d any other systems associated with, or otherwise connected with, systems falling within paragraph (a), (b) or (c).
7 In this section—
  • F2...
  • “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);

Procedural requirements

I36630 Issuing of code

1 The Secretary of State must lay before Parliament—
a a code of practice prepared under section 29, and
b a draft of an order providing for the code to come into force.
2 The Secretary of State must make the order and issue the code if the draft of the order is approved by a resolution of each House of Parliament.
3 The Secretary of State must not make the order or issue the code unless the draft of the order is so approved.
4 The Secretary of State must prepare another code of practice under section 29 if—
a the draft of the order is not so approved, and
b the Secretary of State considers that there is no realistic prospect that it will be so approved.
5 A code comes into force in accordance with an order under this section.
6 Such an order—
a is to be a statutory instrument, and
b may contain transitional, transitory or saving provision.
7 If a draft of an instrument containing an order under this section would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

I18731 Alteration or replacement of code

1 The Secretary of State—
a must keep the surveillance camera code under review, and
b may prepare an alteration to the code or a replacement code.
2 Before preparing an alteration or a replacement code, the Secretary of State must consult the persons mentioned in section 29(5).
3 The Secretary of State must lay before Parliament an alteration or a replacement code prepared under this section.
4 If, within the 40-day period, either House of Parliament resolves not to approve the alteration or the replacement code, the Secretary of State must not issue the alteration or code.
5 If no such resolution is made within that period, the Secretary of State must issue the alteration or replacement code.
6 The alteration or replacement code—
a comes into force when issued, and
b may include transitional, transitory or saving provision.
7 Subsection (4) does not prevent the Secretary of State from laying a new alteration or replacement code before Parliament.
8 In this section “the 40-day period” means the period of 40 days beginning with the day on which the alteration or replacement code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
9 In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
10 In this Chapter “the surveillance camera code” means the code of practice issued under section 30(2) (as altered or replaced from time to time).

I4332 Publication of code

1 The Secretary of State must publish the code issued under section 30(2).
2 The Secretary of State must publish any replacement code issued under section 31(5).
3 The Secretary of State must publish—
a any alteration issued under section 31(5), or
b the code or replacement code as altered by it.

Enforcement and Commissioner

I27033 Effect of code

1 A relevant authority must have regard to the surveillance camera code when exercising any functions to which the code relates.
2 A failure on the part of any person to act in accordance with any provision of the surveillance camera code does not of itself make that person liable to criminal or civil proceedings.
3 The surveillance camera code is admissible in evidence in any such proceedings.
4 A court or tribunal may, in particular, take into account a failure by a relevant authority to have regard to the surveillance camera code in determining a question in any such proceedings.
5 In this section “relevant authority” means—
a a local authority within the meaning of the Local Government Act 1972,
b the Greater London Authority,
c the Common Council of the City of London in its capacity as a local authority,
d the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in their capacity as a local authority,
e the Council of the Isles of Scilly,
f a parish meeting constituted under section 13 of the Local Government Act 1972,
g a police and crime commissioner,
h the Mayor's Office for Policing and Crime,
i the Common Council of the City of London in its capacity as a police authority,
j any chief officer of a police force in England and Wales,
k any person specified or described by the Secretary of State in an order made by statutory instrument.
6 An order under subsection (5) may, in particular—
a restrict the specification or description of a person to that of the person when acting in a specified capacity or exercising specified or described functions,
b contain transitional, transitory or saving provision.
7 So far as an order under subsection (5) contains a restriction of the kind mentioned in subsection (6)(a) in relation to a person, the duty in subsection (1) applies only to the person in that capacity or (as the case may be) only in relation to those functions.
8 Before making an order under subsection (5) in relation to any person or description of persons, the Secretary of State must consult—
a such persons appearing to the Secretary of State to be representative of the views of the person or persons in relation to whom the order may be made as the Secretary of State considers appropriate,
b the National Police Chiefs’ Council ,
c the Information Commissioner,
d the Investigatory Powers Commissioner ,
e the Surveillance Camera Commissioner,
f the Welsh Ministers, and
g such other persons as the Secretary of State considers appropriate.
9 No instrument containing an order under subsection (5) is to be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
10 If a draft of an instrument containing an order under subsection (5) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

I23534 Commissioner in relation to code

1 The Secretary of State must appoint a person as the Surveillance Camera Commissioner (in this Chapter “the Commissioner”).
2 The Commissioner is to have the following functions—
a encouraging compliance with the surveillance camera code,
b reviewing the operation of the code, and
c providing advice about the code (including changes to it or breaches of it).
3 The Commissioner is to hold office in accordance with the terms of the Commissioner's appointment; and the Secretary of State may pay in respect of the Commissioner any expenses, remuneration or allowances that the Secretary of State may determine.
4 The Secretary of State may, after consultation with the Commissioner, provide the Commissioner with—
a such staff, and
b such accommodation, equipment and other facilities,
as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

I38335 Reports by Commissioner

1 As soon as reasonably practicable after the end of each reporting period—
a the Commissioner must—
i prepare a report about the exercise by the Commissioner during that period of the functions of the Commissioner, and
ii give a copy of the report to the Secretary of State,
b the Secretary of State must lay a copy of the report before Parliament, and
c the Commissioner must publish the report.
2 The reporting periods are—
a the period—
i beginning with the surveillance camera code first coming into force or the making of the first appointment as Commissioner (whichever is the later), and
ii ending with the next 31 March or, if the period ending with that date is 6 months or less, ending with the next 31 March after that date, and
b each succeeding period of 12 months.

Interpretation

I34736 Interpretation: Chapter 1

In this Chapter—
  • “the Commissioner” has the meaning given by section 34(1),
  • “surveillance camera code” has the meaning given by section 31(10),
  • “surveillance camera systems” has the meaning given by section 29(6).

CHAPTER 2 Safeguards for certain surveillance under RIPA

F2237 Judicial approval for obtaining or disclosing communications data

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I10738 Judicial approval for directed surveillance and covert human intelligence sources

1 After section 32 of the Regulation of Investigatory Powers Act 2000 (authorisation of surveillance and human intelligence sources: intrusive surveillance) insert—
2 In section 43 of that Act (general rules about grant, renewal and duration of authorisations)—
a after subsection (6) insert—
, and
b in subsection (7) for “subsection (6)” substitute “ subsections (6) and (6A) ”.

Part 3 Protection of property from disproportionate enforcement action

CHAPTER 1 Powers of entry

Repealing, adding safeguards or rewriting powers of entry

I139 Repealing etc. unnecessary or inappropriate powers of entry

I2371 The appropriate national authority may by order repeal any power of entry or associated power which the appropriate national authority considers to be unnecessary or inappropriate.
2 Schedule 2 (which contains repeals etc. of certain powers of entry) has effect.

I14640 Adding safeguards to powers of entry

1 The appropriate national authority may by order provide for safeguards in relation to any power of entry or associated power.
2 Such safeguards may, in particular, include—
a restrictions as to the premises over which the power may be exercised,
b restrictions as to the times at which the power may be exercised,
c restrictions as to the number or description of persons who may exercise the power,
d a requirement for a judicial or other authorisation before the power may be exercised,
e a requirement to give notice within a particular period before the power may be exercised,
f other conditions which must be met before the power may be exercised,
g modifications of existing conditions which must be met before the power may be exercised,
h other restrictions on the circumstances in which the power may be exercised,
i new obligations on the person exercising the power which must be met before, during or after its exercise,
j modifications of existing obligations which must be met by the person exercising the power before, during or after its exercise,
k restrictions on any power to use force, or any other power, which may be exercised in connection with the power of entry or associated power.

I12041 Rewriting powers of entry

1 The appropriate national authority may by order rewrite, with or without modifications—
a powers of entry, associated powers or any aspects of any such powers, or
b enactments relating to, or connected with, any such powers or aspects.
2 The power under subsection (1) to rewrite a power of entry or associated power includes, in particular, the power to remove an aspect of such a power without replacing it.
3 But no order under this section may alter the effect of—
a a power of entry,
b any associated power connected with it, or
c any safeguard relating to, but not forming part of, the power of entry or associated power,
unless, on and after the changes made by the order, the safeguards in relation to the power of entry and associated powers connected with it, taken together, provide a greater level of protection than any safeguards applicable immediately before the changes.

I26142 Duty to review certain existing powers of entry

1 Each Minister of the Crown who is a member of the Cabinet must, within the relevant period—
a review relevant powers of entry, and relevant associated powers, for which the Minister is responsible with a view to deciding whether to make an order under section 39(1), 40 or 41 in relation to any of them,
b prepare a report of that review, and
c lay a copy of the report before Parliament.
2 A failure by a Minister of the Crown to comply with a duty under subsection (1) in relation to a power of entry or associated power does not affect the validity of the power.
3 In this section—
  • “relevant associated power” means any associated power in a public general Act or a statutory instrument made under such an Act,
  • “the relevant period” means the period of two years beginning with the day on which this Act is passed,
  • “relevant power of entry” means any power of entry in a public general Act or a statutory instrument made under such an Act.

I28843 Consultation requirements before modifying powers of entry

Before making an order under section 39(1), 40 or 41 in relation to a power of entry or associated power, the appropriate national authority must consult—
a such persons appearing to the appropriate national authority to be representative of the views of persons entitled to exercise the power of entry or associated power as the appropriate national authority considers appropriate, and
b such other persons as the appropriate national authority considers appropriate.

I33944 Procedural and supplementary provisions

1 An order under section 39(1), 40 or 41—
a is to be made by statutory instrument,
b may modify any enactment,
c may include such incidental, consequential, supplementary, transitory, transitional or saving provision as the appropriate national authority considers appropriate (including provision modifying any enactment).
2 Subject to subsection (4), no instrument containing an order of a Minister of the Crown under section 39(1), 40 or 41 is to be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
3 If a draft of an instrument containing an order of a Minister of the Crown under section 39(1), 40 or 41 would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
4 An instrument containing an order of a Minister of the Crown under section 39(1), 40 or 41 which neither amends nor repeals any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
5 In subsection (4) “primary legislation” means—
a a public general Act,
b an Act of the Scottish Parliament,
c a Measure or Act of the National Assembly for Wales, and
d Northern Ireland legislation.
6 Subject to subsection (7), no instrument containing an order of the Welsh Ministers under section 39(1), 40 or 41 is to be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.
7 An instrument containing an order of the Welsh Ministers under section 39(1), 40 or 41 which neither amends nor repeals any provision of primary legislation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
8 In subsection (7) “primary legislation” means—
a a public general Act, and
b a Measure or Act of the National Assembly for Wales.

I34245 Devolution: Scotland and Northern Ireland

1 An order under section 39(1), 40 or 41 may not make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament.
2 An order under section 39(1), 40 or 41 may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter without being ancillary to other provision (whether in that Act or previously enacted) which deals with an excepted or reserved matter.
3 In subsection (2) “excepted matter”, “reserved matter” and “transferred matter” have the meaning given by section 4(1) of the Northern Ireland Act 1998.

I9746 Sections 39 to 46: interpretation

In sections 39 to 45 and this section—
  • “appropriate national authority” means—
    1. in relation to the making of any provision which would be within the legislative competence of the National Assembly for Wales, the Welsh Ministers,
    2. in any other case, a Minister of the Crown,
  • “associated power” means any power which—
    1. is contained in an enactment,
    2. is connected with a power of entry, and
    3. is a power—
      1. to do anything on, or in relation to, the land or other premises entered in pursuance of the power of entry,
      2. to do anything in relation to any person, or anything, found on the land or other premises entered in pursuance of the power of entry, or
      3. otherwise to do anything in connection with the power of entry,
    and includes any safeguard which forms part of the associated power;
  • “enactment” includes—
    1. an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),
    2. an enactment comprised in, or in an instrument made under—
      1. an Act of the Scottish Parliament,
      2. Northern Ireland legislation, or
      3. a Measure or Act of the National Assembly for Wales,
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,
  • “modify” includes amend or repeal (and “modifications” is to be read accordingly),
  • “off-shore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 (see section 12 of that Act),
  • “power of entry” means a power (however expressed) in any enactment to enter land or other premises; and includes any safeguard which forms part of the power,
  • “premises” includes any place and, in particular, includes—
    1. any vehicle, vessel, aircraft or hovercraft,
    2. any off-shore installation,
    3. any renewable energy installation,
    4. any tent or movable structure,
  • “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act),
  • “repeal” includes revoke.

Codes of practice in relation to powers of entry

I32547 Code of practice in relation to non-devolved powers of entry

1 The Secretary of State must prepare a code of practice containing guidance about the exercise of powers of entry and associated powers.
2 Such a code may, in particular, include provision about—
a considerations before exercising, or when exercising, the powers,
b considerations after exercising the powers (such as the retention of records, or the publication of information, about the exercise of the powers).
3 Such a code—
a must not contain provision about devolved powers of entry and devolved associated powers,
b need not contain provision about every other type of power of entry or associated power,
c may make different provision for different purposes.
4 In the course of preparing such a code in relation to any powers, the Secretary of State must consult—
a the Lord Advocate,
b such persons appearing to the Secretary of State to be representative of the views of persons entitled to exercise the powers concerned as the Secretary of State considers appropriate, and
c such other persons as the Secretary of State considers appropriate.
5 In this section “devolved powers of entry and devolved associated powers” means powers of entry and associated powers—
a in relation to which the Welsh Ministers may issue a code under Schedule 3,
b which, if it were contained in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament, or
c which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of that Assembly and would deal with a transferred matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998) without being ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).

I5348 Issuing of code

1 The Secretary of State must lay before Parliament—
a a code of practice prepared under section 47, and
b a draft of an order providing for the code to come into force.
2 The Secretary of State must make the order and issue the code if the draft of the order is approved by a resolution of each House of Parliament.
3 The Secretary of State must not make the order or issue the code unless the draft of the order is so approved.
4 The Secretary of State must prepare another code of practice under section 47 if—
a the draft of the order is not so approved, and
b the Secretary of State considers that there is no realistic prospect that it will be so approved.
5 A code comes into force in accordance with an order under this section.
6 Such an order—
a is to be a statutory instrument, and
b may contain transitional, transitory or saving provision.
7 If a draft of an instrument containing an order under this section would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

I27749 Alteration or replacement of code

1 The Secretary of State—
a must keep the powers of entry code under review, and
b may prepare an alteration to the code or a replacement code.
2 Before preparing an alteration or a replacement code in relation to any powers, the Secretary of State must consult—
a the Lord Advocate,
b such persons appearing to the Secretary of State to be representative of the views of persons entitled to exercise the powers concerned as the Secretary of State considers appropriate, and
c such other persons as the Secretary of State considers appropriate.
3 The Secretary of State must lay before Parliament an alteration or a replacement code prepared under this section.
4 If, within the 40-day period, either House of Parliament resolves not to approve the alteration or the replacement code, the Secretary of State must not issue the alteration or code.
5 If no such resolution is made within that period, the Secretary of State must issue the alteration or replacement code.
6 The alteration or replacement code—
a comes into force when issued, and
b may include transitional, transitory or saving provision.
7 Subsection (4) does not prevent the Secretary of State from laying a new alteration or replacement code before Parliament.
8 In this section “the 40-day period” means the period of 40 days beginning with the day on which the alteration or replacement code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
9 In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
10 In this section “the powers of entry code” means the code of practice issued under section 48(2) (as altered or replaced from time to time).

I17850 Publication of code

1 The Secretary of State must publish the code issued under section 48(2).
2 The Secretary of State must publish any replacement code issued under section 49(5).
3 The Secretary of State must publish—
a any alteration issued under section 49(5), or
b the code or replacement code as altered by it.

I1751 Effect of code

1 A relevant person must have regard to the powers of entry code when exercising any functions to which the code relates.
2 A failure on the part of any person to act in accordance with any provision of the powers of entry code does not of itself make that person liable to criminal or civil proceedings.
3 The powers of entry code is admissible in evidence in any such proceedings.
4 A court or tribunal may, in particular, take into account a failure by a relevant person to have regard to the powers of entry code in determining a question in any such proceedings.
5 In this section “relevant person” means any person specified or described by the Secretary of State in an order made by statutory instrument.
6 An order under subsection (5) may, in particular—
a restrict the specification or description of a person to that of the person when acting in a specified capacity or exercising specified or described functions,
b contain transitional, transitory or saving provision.
7 So far as an order under subsection (5) contains a restriction of the kind mentioned in subsection (6)(a) in relation to a person, the duty in subsection (1) applies only to the person in that capacity or (as the case may be) only in relation to those functions.
8 Before making an order under subsection (5) in relation to any person or description of persons, the Secretary of State must consult such persons appearing to the Secretary of State to be representative of the views of the person or persons in relation to whom the order may be made as the Secretary of State considers appropriate.
9 No instrument containing the first order under subsection (5) is to be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
10 Subject to this, an instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
11 If a draft of an instrument containing the first order under subsection (5) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

I3852 Sections 47 to 51: interpretation

In sections 47 to 51—
  • “power of entry” and “associated power” have the meaning given by section 46,
  • “the powers of entry code” has the meaning given by section 49(10).

53 Corresponding code in relation to Welsh devolved powers of entry

Schedule 3 (which confers a power on the Welsh Ministers to issue a code of practice about Welsh devolved powers of entry and associated powers) has effect.

CHAPTER 2 Vehicles left on land

Offence of immobilising etc. vehicles

I23854 Offence of immobilising etc. vehicles

1 A person commits an offence who, without lawful authority—
a immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
b moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
2 The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
3 But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
4 A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
5 A person guilty of an offence under this section is liable—
a on conviction on indictment, to a fine,
b on summary conviction, to a fine not exceeding the statutory maximum.
6 In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.

Alternative remedies in relation to vehicles left on land

I31555 Extension of powers to remove vehicles from land

1 Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down) is amended as follows.
2 In subsection (1)—
a in paragraph (a), after “road” insert “ or other land ”,
b in paragraph (b)—
i after “road”, where it appears for the first time, insert “ or other land ”, and
ii after “road”, where it appears for the second time, insert “ or land concerned ”,
c in paragraph (c) for “, or on any land in the open air,” substitute “ or other land ”, and
d at the end insert “ or other land ”.
3 In subsection (2)—
a in paragraph (a), after “road”, where it appears for the third time, insert “ or on land other than a road ”, and
b after paragraph (a), insert—
.

I290I19356 Recovery of unpaid parking charges

Schedule 4 (which makes provision for the recovery of unpaid parking charges from the keeper or hirer of a vehicle in certain circumstances) has effect.

Part 4 Counter-terrorism powers

Pre-charge detention of terrorist suspects

I20057 Maximum detention period of 14 days

1 In paragraph 36(3)(b)(ii) of Schedule 8 to the Terrorism Act 2000 (maximum period of pre-charge detention for terrorist suspects) for “28 days” substitute “ 14 days ”.
2 Omit section 25 of the Terrorism Act 2006 (which provides for the 28 day limit in paragraph 36(3)(b)(ii) of Schedule 8 to the Act of 2000 to be 14 days subject to a power to raise it to 28 days).

I25458 Emergency power for temporary extension and review of extensions

1 After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of terrorist suspects) insert—
2 After section 123(6) of that Act (orders and regulations under the Act) insert—
3 After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation) insert—

Stop and search powers: general

I28659 Repeal of existing stop and search powers

Omit sections 44 to 47 of the Terrorism Act 2000 (power to stop and search).

I760 Replacement powers to stop and search persons and vehicles

1 Omit section 43(3) of the Terrorism Act 2000 (requirement for searches of persons to be carried out by someone of the same sex).
2 After section 43(4) of that Act insert—
3 After section 43 of that Act insert—

I6061 Replacement powers to stop and search in specified locations

1 Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before it) insert—
2 Schedule 5 (which inserts a new Schedule making supplementary provision about powers to stop and search in specified locations into the Terrorism Act 2000) has effect.

62I222 Code of practice

After section 47A of the Terrorism Act 2000 (for which see section 61) insert—

Stop and search powers: Northern Ireland

I37363 Stop and search powers in relation to Northern Ireland

Schedule 6 (which makes amendments relating to stop and search powers in Northern Ireland) has effect.

Part 5 Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1 Safeguarding of vulnerable groups

Restrictions on scope of regulation: England and Wales

I19664 Restriction of scope of regulated activities: children

1 Parts 1 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to children and the period condition) are amended as follows.
2 In paragraph 1(1)(b) (frequency and period condition for regulated activity), at the beginning, insert “ except in the case of activities falling within sub-paragraph (1A), ”.
3 After paragraph 1(1) insert—
4 In paragraph 1(2)(c) (work activities at certain establishments to be regulated activity) for “any form of work (whether or not for gain)” substitute “ any work falling within sub-paragraph (2A) or (2B) ”.
5 After paragraph 1(2) insert—
6 Also in paragraph 1—
a in sub-paragraph (7) (meaning of “acting as a child minder”) for “section 79A of that Act” substitute “ section 19 of the Children and Families (Wales) Measure 2010 ”,
b omit sub-paragraph (8) (exercise of functions of certain persons to be regulated activity),
c in sub-paragraph (9) (exercise of functions of persons mentioned in paragraph 4(1) to be regulated activity) for “a person mentioned in paragraph 4(1)” substitute “ the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales ”,
d in sub-paragraph (9B) (exercise of certain inspection etc. functions to be regulated activity)—
i omit paragraph (a),
ii in paragraph (b) for “section 79U(3) of the Children Act 1989” substitute “ section 41 or 42 of the Children and Families (Wales) Measure 2010 ”,
iii in paragraph (c) after “taken” insert “ in relation to Wales ” and for “that Act” substitute “ the Children Act 1989 ”,
iv in paragraph (d) after “inspection”, where it first appears, insert “ in Wales ”,
v in paragraph (e) after “taken” insert “ in relation to Wales ”,
vi in paragraph (f) omit “18B or”,
vii in paragraph (h), after “inspection”, where it first appears, insert “ in Wales ”,
viii in paragraph (m) omit “48 or”,
ix in paragraph (n) after “inspection” insert “ in Wales ”, and
x omit paragraphs (p) to (t),
e in sub-paragraph (10) (inspectors) omit paragraphs (a), (ba), (d) and (e),
f omit sub-paragraph (12A) (accessing certain databases to be regulated activity),
g omit sub-paragraph (13A) (exercise of certain functions of Care Quality Commission to be regulated activity),
h in sub-paragraph (14) (day to day management or supervision of a person carrying out regulated activity to be regulated activity) for “(8), (9C), (11) or (13A)” substitute “ (9A), (9C) or (11) ”, and
i after sub-paragraph (14) insert—
7 In paragraph 2 (activities referred to in paragraph 1(1))—
a in sub-paragraph (1) omit paragraph (d) (treatment and therapy provided for a child),
b in sub-paragraph (2)—
i for “, (c) and (d)” substitute “ and (c) ”, and
ii omit paragraph (d), and
c after sub-paragraph (3) insert—
8 In paragraph 3(1) (list of establishments referred to in paragraph 1(2) and (9C)) omit paragraph (c).
9 Omit paragraph 4 (list of persons referred to in paragraph 1(9)).
10 In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “ or (c) ”.

I17165 Restriction of definition of vulnerable adults

1 Omit section 59 of the Safeguarding Vulnerable Groups Act 2006 (definition of vulnerable adults).
2 In section 60(1) of that Act (interpretation of Act)—
a after “In this Act—” insert—
b in the definition of “vulnerable adult”, for the words “must be construed in accordance with section 59” substitute “ means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 4 is provided ”.

I37466 Restriction of scope of regulated activities: vulnerable adults

1 Parts 2 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to vulnerable adults and the period condition) are amended as follows.
2 For paragraph 7(1) to (3) (main activities which are regulated activity) substitute—
3 Omit paragraph 7(4) (certain activities in care homes to be regulated activity).
4 In paragraph 7(5) (day to day management or supervision of certain activities to be regulated activity) omit “or (4)”.
5 In paragraph 7(7)(f) (inspection functions) omit “English local authority social services or”.
6 Omit paragraph 7(8A) (certain functions of Care Quality Commission to be regulated activity).
7 In paragraph 7(9) (functions of certain persons to be regulated activity) for “a person mentioned in paragraph 8(1)” substitute “ the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales ”.
8 Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions are to be regulated activity).
9 In paragraph 10(2) (the period condition)—
a omit “or 7(1)(a), (b), (c), (d) or (g)”, and
b in paragraph (b), omit “or vulnerable adults (as the case may be)”.

I14267 Alteration of test for barring decisions

1 For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (automatic inclusion of person to whom paragraph applies in children's barred list) substitute—
2 For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Act (inclusion of person to whom paragraph applies in children's barred list with right to make representation afterwards) substitute—
3 In paragraph 3 of that Schedule to that Act (inclusion in children's barred list on behaviour grounds)—
a in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.
4 In paragraph 5 of that Schedule to that Act (inclusion in children's barred list because of risk of harm)—
a in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.
5 For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Act (automatic inclusion of person to whom paragraph applies in adults' barred list) substitute—
6 For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Act (inclusion of person to whom paragraph applies in adults' barred list with right to make representation afterwards) substitute—
7 In paragraph 9 of that Schedule to that Act (inclusion in adults' barred list on behaviour grounds)—
a in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.
8 In paragraph 11 of that Schedule to that Act (inclusion in adults' barred list because of risk of harm)—
a in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.

Abolition of other areas of regulation: England and Wales

I8268 Abolition of controlled activity

Omit sections 21 to 23 of the Safeguarding Vulnerable Groups Act 2006 (controlled activity).

I18669 Abolition of monitoring

Omit sections 24 to 27 of the Safeguarding Vulnerable Groups Act 2006 (monitoring).

Main amendments relating to new arrangements: England and Wales

I1370 Information for purposes of making barring decisions

C45C46C511 In paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (information required by ISA about persons to whom grounds for barring apply)—
a in sub-paragraph (1)—
i in paragraph (a) after “applies” insert “ or appears to apply ”,
ii in paragraph (b) for “apply” substitute “ applies or appears to apply ”, and
iii omit paragraph (d),
b in sub-paragraphs (2) and (3) for “thinks might” substitute “ reasonably believes to ”, and
c in sub-paragraph (6)—
i omit the words from “which” to “it is”, and
ii omit “or paragraph 20(2)”.
2 In paragraph 20 of that Schedule to that Act (provision of information by Secretary of State to ISA) for sub-paragraph (2) substitute—

I3471 Review of barring decisions

After paragraph 18 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (power to apply for review of a person's inclusion in a barred list) insert—

72 Information about barring decisions

1 For sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006 (provision of vetting information and information about cessation of monitoring) substitute—
2 In section 33 of that Act (cessation of registration)—
a in subsection (1) for “32” substitute “ 30B ”,
b in subsection (2) for “(6)” substitute “ (5) ”, and
c after subsection (3) insert—
3 In section 34 of that Act (declarations under sections 30 and 32)—
a in the heading for “30 and 32” substitute “ 30A and 30B ”, and
b in subsection (1) for “30 or 32” substitute “ 30A or 30B ”.
I574 Omit entry 19 in the table in paragraph 1 of Schedule 7 to that Act (power to add entries to the table).
I575 In paragraph 2 of Schedule 7 to that Act (power to amend entries in the table) for the words from “any” to the end substitute “ this Schedule ”.
I576 Omit paragraph 3(1)(b) of Schedule 7 to that Act (barring information where certain activities carried on for the purposes of the armed forces of the Crown) and the word “or” before it.

73 Duty to check whether person barred

After section 34 of the Safeguarding Vulnerable Groups Act 2006 (declarations relating to the provision of barring information) insert—

74 Restrictions on duplication with Scottish and Northern Ireland barred lists

1 Before paragraph 6 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (restriction on inclusion in children's barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—
2 In paragraph 6(1)(a) of that Schedule to that Act—
a after “if” insert “ ISA knows that ”,
b after “authority” insert
, and
c for the words from “(whether” to “list)” substitute
.
3 Before paragraph 12 of that Schedule to that Act (restriction on inclusion in adults' barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—
4 In paragraph 12(1)(a) of that Schedule to that Act—
a after “if” insert “ ISA knows that ”,
b after “authority” insert
, and
c for the words from “(whether” to “list)” substitute
.

Other amendments relating to new arrangements: England and Wales

75 Professional bodies

I1901 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer)—
a in subsection (1)—
i for “must” substitute “ may ”, and
ii omit “prescribed”,
b in subsection (4)—
i in paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,
ii also in paragraph (a), omit “or controlled activity”, and
iii in paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,
c in subsection (5) omit “prescribed”, and
d in the heading for “duty” substitute “ power ”.
I1902 Omit paragraph 9(2)(a) of Schedule 5 to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182) (which, if section 44(1) of the Act of 2006 were to come into force, would insert subsections (4A) to (4C) into section 41 of the Act of 2006).
I403 In section 43 of the Act of 2006 (registers: notice of barring etc.) for subsections (1) to (5) substitute—
I2924 In section 43(6)(a) of the Act of 2006 (meaning of “relevant register”) omit “of entry 1 or 8”.
I2925 In the heading of section 43 of that Act for “notice of barring and cessation of monitoring” substitute “ provision of barring information to keepers of registers ”.
I2926 Omit section 44 of that Act (registers: power to apply for vetting information).

76 Supervisory authorities

I3411 In section 45 of the Safeguarding Vulnerable Groups Act 2006 (duty of supervisory authorities to refer)—
a in subsection (1)—
i for “must” substitute “ may ”, and
ii omit “prescribed”,
b in subsection (4)—
i in paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,
ii also in paragraph (a), omit “or controlled activity”, and
iii in paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,
c in subsection (5) omit “prescribed”,
d omit subsection (6), and
e in the heading for “duty” substitute “ power ”.
I3412 In section 47 of that Act (supervisory authorities: power to apply for vetting information)—
a in the heading for “vetting” substitute “ certain barring ”,
b in subsection (1) for “the Secretary of State”, in both places where it occurs, substitute “ ISA ”,
c in subsection (2) omit paragraphs (b) to (e),
d in subsection (3) omit paragraphs (b) to (e),
e omit subsection (5), and
f in subsection (7) for “prescribe” substitute “ determine ”.
3 In section 48 of that Act (supervisory authorities: notification of barring etc. in respect of children)—
a in subsection (1)—
i for “This section” substitute “ Subsection (2) ”,
ii in paragraph (a) omit “newly”,
iii at the end of paragraph (a) insert “ or ”,
iv in paragraph (b) for “becomes” substitute “ is ”, and
v omit paragraph (c) and the word “or” before it,
b in subsection (2) for “, (b) or (c)” substitute “ or (b) ”,
c after subsection (2) insert—
,
d in subsection (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”,
e in subsection (5)—
i after “withdrawn if” insert
,
ii for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”, and
iii at the end insert
, and
I341f in subsection (8) for “prescribe” substitute “ determine ”.
4 In section 49 of that Act (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—
a in subsection (1)—
i for “This section” substitute “ Subsection (2) ”,
ii in paragraph (a) omit “newly”,
iii at the end of paragraph (a) insert “ or ”,
iv in paragraph (b) for “becomes” substitute “ is ”, and
v omit paragraph (c) and the word “or” before it,
b in subsection (2) for “, (b) or (c)” substitute “ or (b) ”,
c after subsection (2) insert—
,
d in subsection (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”,
e in subsection (5)—
i after “withdrawn if” insert
,
ii for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”, and
iii at the end insert
, and
I341f in subsection (8) for “prescribe” substitute “ determine ”.
I3415 In section 50 of that Act (provision of information to supervisory authorities)—
a in subsection (2) for “must” substitute “ may (whether on an application by the authority or otherwise) ”,
b in subsection (3)—
i in paragraph (b), after “the authority” insert “ which is mentioned in section 45(7) ”, and
ii for the words from “or information” to “occurred” substitute “ or of any circumstance mentioned in section 48(1) or 49(1) ”, and
c after subsection (3) insert—

I33677 Minor amendments

1 In the Policing and Crime Act 2009 omit—
a section 87(2) (which, if commenced, would insert sections 34A to 34C into the Safeguarding Vulnerable Groups Act 2006 in connection with the notification of proposals to include persons in barred lists), and
b section 89(6) (which, if commenced, would amend the power of the Secretary of State in the Act of 2006 to examine records of convictions or cautions in connection with barring decisions).
2 In section 39 of the Safeguarding Vulnerable Groups Act 2006 (duty of local authorities to refer)—
a in subsection (1)—
i for “must” substitute “ may ”, and
ii omit “prescribed”,
b in subsection (4)—
i in paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,
ii also in paragraph (a), omit “or controlled activity”, and
iii in paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,
c in subsection (5) omit “prescribed”, and
d in the heading for “duty” substitute “ power ”.
3 In section 50A(1) of that Act (power for ISA to provide information to the police for use for certain purposes), after paragraph (b), insert—
.
4 After section 50A(1) of that Act insert—
5 After section 50A(3) of that Act insert—
6 After paragraph 5 of Schedule 4 to that Act (regulated activity relating to children) insert—

Corresponding amendments relating to Northern Ireland

I50I37078 Corresponding amendments in relation to Northern Ireland

Schedule 7 (which makes corresponding amendments in relation to Northern Ireland about the safeguarding of vulnerable groups) has effect.

CHAPTER 2 Criminal records

Safeguards in relation to certificates

C41C1C979 Restriction on information provided to certain persons

I1551 Omit section 93 of the Policing and Crime Act 2009 (which, if commenced, would insert section 112(2A) into the Police Act 1997 requiring copies of certain criminal conviction certificates to be given to employers etc.).
2 Omit—
I266a section 113A(4) of the Police Act 1997 (requirement to send copy of criminal record certificate to registered person), and
I340I185b section 113B(5) and (6) of that Act (requirement to give relevant information, and copy of enhanced criminal record certificate to registered person).
I15I1853 After section 120AB of the Police Act 1997 (procedure for certain cancellations or suspensions of registration) insert—

C36I363C13C1980 Minimum age for applicants for certificates or to be registered

1 In sections 112(1), 113A(1), 113B(1), 114(1) and 116(1) of the Police Act 1997 (applications for certificates), before the word “and” at the end of paragraph (a), insert—
.
2 In section 120(4) of that Act (registered persons)—
a in paragraph (b)—
i after “person” insert “ who is ”, and
ii after “enactment” insert “ and who, in the case of an individual, is aged 18 or over ”, and
b in paragraph (c) after “individual” insert “ aged 18 or over ”.

I22181 Additional grounds for refusing an application to be registered

After subsection (3) of section 120AA of the Police Act 1997 (refusal, etc. of registration on grounds not related to disclosure) insert—

C33I203C21C882 Enhanced criminal record certificates: additional safeguards

1 In subsection (4) of section 113B of the Police Act 1997 (enhanced criminal record certificates: requests by the Secretary of State to chief officers for information)—
a for “the chief officer of every relevant police force” substitute “ any relevant chief officer ”,
b omit “, in the chief officer's opinion”,
c in paragraph (a), for “might” substitute “ the chief officer reasonably believes to ”, and
d in paragraph (b), at the beginning insert “ in the chief officer's opinion, ”.
2 After subsection (4) of that section of that Act insert—
3 In subsection (9) of that section of that Act—
a before the definition of “relevant police force” insert—
b omit the definition of “relevant police force”.
4 After section 117(1) of that Act (disputes about accuracy of certificates) insert—
5 After section 117 of that Act insert—

Up-dating and content of certificates

C32C10C16I25683 Up-dating certificates

After section 116 of the Police Act 1997 (enhanced criminal record certificates: judicial appointments and Crown employment) insert—

C38I18C18C1284 Criminal conviction certificates: conditional cautions

In section 112(2) of the Police Act 1997 (contents of a criminal conviction certificate)—
a in paragraph (a) after “conviction” insert “ or conditional caution ”, and
b in paragraph (b) for “is no such conviction” substitute “ are no such convictions and conditional cautions ”.

Other

I4585 Inclusion of cautions etc. in national police records

After subsection (4) of section 27 of the Police and Criminal Evidence Act 1984 (recordable offences) insert—

I12286 Out of date references to certificates of criminal records

In section 75(4) of the Data Protection Act 1998 (commencement of section 56 of that Act not to be earlier than the first day on which certain sections of the Police Act 1997 relating to certificates of criminal records are all in force) for “sections 112, 113 and 115” substitute “ sections 112, 113A and 113B ”.

CHAPTER 3 The Disclosure and Barring Service

General

C35C2C2787 Formation and constitution of DBS

I1141 There is to be a body corporate known as the Disclosure and Barring Service.
I1142 In this Chapter “DBS” means the Disclosure and Barring Service.
I83I2473 Schedule 8 (which makes further provision about DBS) has effect.

C42C28C788 Transfer of functions to DBS and dissolution of ISA

1 The Secretary of State may by order transfer any function of ISA to DBS.
2 The Secretary of State may by order transfer to DBS any function of the Secretary of State under, or in connection with—
a Part 5 of the Police Act 1997 (criminal records),
b the Safeguarding Vulnerable Groups Act 2006, or
c the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)).
3 The Secretary of State may by order provide for the dissolution of ISA.
4 In this section—
  • “function” does not include any power of the Secretary of State to make an order or regulations,
  • “ISA” means the Independent Safeguarding Authority.

Supplementary

C37C24C2689 Orders under section 88

1 Any power to make an order under section 88—
a is exercisable by statutory instrument,
b includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision,
c may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made and including this Act).
2 Subject to subsection (3), a statutory instrument containing an order under section 88 is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3 A statutory instrument containing an order under section 88 which neither amends nor repeals any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
4 If a draft of an instrument containing an order under section 88 (alone or with other provision) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
5 In this section—
  • “enactment” includes a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,
  • “primary legislation” means—
    1. a public general Act,
    2. a Measure or Act of the National Assembly for Wales, and
    3. Northern Ireland legislation.

90 Transfer schemes in connection with orders under section 88

1 The Secretary of State may, in connection with an order under section 88, make a scheme for the transfer to DBS of property, rights or liabilities of ISA or the Secretary of State.
2 The things that may be transferred under a transfer scheme include—
a property, rights and liabilities which could not otherwise be transferred,
b property acquired, and rights and liabilities arising, after the making of the scheme.
3 A transfer scheme may make consequential, supplementary, incidental, transitional, transitory or saving provision and may, in particular—
a create rights, or impose liabilities, in relation to property or rights transferred,
b make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred,
c make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred,
d make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee,
e make provision for the shared ownership or use of property,
f if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.
4 A transfer scheme may provide—
a for modification by agreement,
b for modifications to have effect from the date when the original scheme came into effect.
5 A transfer scheme may confer a discretion on the Secretary of State to pay compensation to any person whose interests are adversely affected by the scheme.
6 A transfer scheme may be included in an order under section 88 but, if not so included, must be laid before Parliament after being made.
7 For the purposes of this section—
a references to rights and liabilities of ISA include references to rights and liabilities of ISA relating to a contract of employment, and
b references to rights and liabilities of the Secretary of State include references to rights and liabilities of the Crown relating to the terms of employment of individuals in the civil service.
8 Accordingly, a transfer scheme may, in particular, provide—
a for an employee of ISA or (as the case may be) an individual employed in the civil service to become an employee of DBS,
b for the individual's contract of employment with ISA or (as the case may be) terms of employment in the civil service to have effect (subject to any necessary modifications) as the terms of the individual's contract of employment with DBS,
c for the transfer to DBS of rights and liabilities of ISA or (as the case may be) the Crown under or in connection with the individual's terms of employment.
9 In this section—
  • “civil service” means the civil service of the State,
  • “ISA” means the Independent Safeguarding Authority,
  • “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246),
  • references to the transfer of property include the grant of a lease.

91 Tax in connection with transfer schemes

1 The Treasury may by order make provision varying the way in which a relevant tax has effect in relation to—
a anything transferred under a transfer scheme, or
b anything done for the purposes of, or in relation to, a transfer under a transfer scheme.
2 The provision which may be made under subsection (1)(a) includes, in particular, provision for—
a a tax provision not to apply, or to apply with modifications, in relation to anything transferred,
b anything transferred to be treated in a specified way for the purposes of a tax provision,
c the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.
3 The provision which may be made under subsection (1)(b) includes, in particular, provision for—
a a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, the transfer,
b anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way,
c the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.
4 The power to make an order under this section—
a is exercisable by statutory instrument,
b includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision,
c may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made).
5 A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the House of Commons.
6 In this section—
  • “enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,
  • “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty reserve tax or stamp duty land tax,
  • “tax provision” means any provision—
    1. about a relevant tax, and
    2. made by or under an enactment,
  • “transfer scheme” means a transfer scheme under section 88,
and references to the transfer of property include the grant of a lease.

C3CHAPTER 4 Disregarding certain convictions for buggery etc.: England and Wales

General

I260C5C392 C3Power of Secretary of State to disregard convictions or cautions

1 A person who has been convicted of, or cautioned for, an offence in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex may apply to the Secretary of State for the conviction or caution to become a disregarded conviction or caution.
2 A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.
3 Condition A is that the Secretary of State decides that it appears that—
a any other person involved in the sexual activity was aged 16 or over, F32...
b the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and
c the sexual activity would not, if occurring in the same circumstances at the point of decision, constitute an offence.
4 Condition B is that—
a the Secretary of State has given notice of the decision to the applicant under section 94(4)(b), and
b the period of 14 days beginning with the day on which the notice was given has ended.
5 Sections 95 to 98 explain the effect of a conviction or caution becoming a disregarded conviction or caution.
6 Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.
7 In this section “sexual activity” includes—
a any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and
b conduct intended to lead to sexual activity.

I693 Applications to the Secretary of State

1 An application under section 92 must be in writing.
2 It must state—
a the name, address and date of birth of the applicant,
b the name and address of the applicant at the time of the conviction or caution,
c so far as known to the applicant, the time when and the place where the conviction was made or the caution given and, for a conviction, the case number, and
d such other information as the Secretary of State may require.
3 It may include representations by the applicant or written evidence about —
a whether a conviction or caution is of a kind mentioned in section 92(1);
b the matters mentioned in condition A in that section.

I25594 C3Procedure for decisions by the Secretary of State

1 In considering whether a conviction or caution is of a kind mentioned in section 92(1) or whether to make a decision of the kind mentioned in condition A in that section, the Secretary of State must, in particular, consider—
a any representations or evidence included in the application, and
b any available record of the investigation of the offence and of any proceedings relating to it that the Secretary of State considers to be relevant.
2 The Secretary of State may not hold an oral hearing for the purpose of deciding whether a conviction or caution is of a kind mentioned in section 92(1) or whether to make a decision of the kind mentioned in condition A in that section.
2A If the Secretary of State refuses an application on the basis that the caution or conviction is not of a kind mentioned in section 92(1), the Secretary of State must—
a record the decision in writing, and
b give notice of it to the applicant.
3 Subsection (4) applies if the Secretary of State—
a decides that it appears as mentioned in condition A in section 92, or
b makes a different decision in relation to the matters mentioned in that condition.
4 The Secretary of State must—
a record the decision in writing, and
b give notice of it to the applicant.

Effect of disregard

I34995 Effect of disregard on police and other records

1 The Secretary of State must by notice direct the relevant data controller to delete details, contained in relevant official records, of a disregarded conviction or caution.
2 A notice under subsection (1) may be given at any time after condition A in section 92 is met but no deletion may have effect before condition B in that section is met.
3 Subject to that, the relevant data controller must delete the details as soon as reasonably practicable.
4 Having done so, the relevant data controller must give notice to the person who has the disregarded conviction or caution that the details of it have been deleted.
5 In this section—
  • “delete”, in relation to such relevant official records as may be prescribed, means record with the details of the conviction or caution concerned—
    1. the fact that it is a disregarded conviction or caution, and
    2. the effect of it being such a conviction or caution,
  • “the names database” means the names database held by the Secretary of State for the use of constables,
  • “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in England and Wales for the purposes of its functions,
  • “prescribed” means prescribed by order of the Secretary of State,
  • “relevant data controller” means—
    1. in relation to the names database, any chief officer of police of a police force in England and Wales who is a data controller in relation to the details concerned,
    2. in relation to other relevant official records, such person as may be prescribed,
  • “relevant official records” means—
    1. the names database, and
    2. such other official records as may be prescribed.
6 An order under this section—
a may make different provision for different purposes,
b is to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

I13396 Effect of disregard for disclosure and other purposes

1 A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not—
a committed the offence,
b been charged with, or prosecuted for, the offence,
c been convicted of the offence,
d been sentenced for the offence, or
e been cautioned for the offence.
2 In particular—
a no evidence is to be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales to prove that the person has done, or undergone, anything within subsection (1)(a) to (e), and
b the person is not, in any such proceedings, to be asked (and, if asked, is not to be required to answer) any question relating to the person's past which cannot be answered without acknowledging or referring to the conviction or caution or any circumstances ancillary to it.
3 Where a question is put to a person, other than in such proceedings, seeking information with respect to the previous convictions, cautions, offences, conduct or circumstances of any person—
a the question is to be treated as not relating to any disregarded conviction or caution, or any circumstances ancillary to it (and the answer to the question may be framed accordingly), and
b the person questioned is not to be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose that conviction or caution or any circumstances ancillary to it in answering the question.
4 Any obligation imposed on any person by any enactment or rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person is not to extend to requiring the disclosure of a disregarded conviction or caution or any circumstances ancillary to it.
5 A disregarded conviction or caution, or any circumstances ancillary to it, is not a proper ground for—
a dismissing or excluding a person from any office, profession, occupation or employment, or
b prejudicing the person in any way in any office, profession, occupation or employment.
6 This section is subject to section 97 but otherwise applies despite any enactment or rule of law to the contrary.
7 See also section 98 (meaning of “proceedings before a judicial authority” and “circumstances ancillary to a conviction or caution”).

I17797 Saving for Royal pardons etc.

Nothing in section 96 affects any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to grant a free pardon, to quash any conviction or sentence, or to commute any sentence.

I36498 Section 96: supplementary

1 In section 96 “proceedings before a judicial authority” includes (in addition to proceedings before any of the ordinary courts of law) proceedings before any tribunal, body or person having power—
a by virtue of any enactment, law, custom or practice,
b under the rules governing any association, institution, profession, occupation or employment, or
c under any provision of an agreement providing for arbitration with respect to questions arising under that agreement,
to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question.
2 For the purposes of section 96, circumstances ancillary to a conviction are any circumstances of—
a the offence which was the subject of the conviction;
b the conduct constituting the offence;
c any process or proceedings preliminary to the conviction;
d any sentence imposed in respect of the conviction;
e any proceedings (whether by way of appeal or otherwise) for reviewing the conviction or any such sentence;
f anything done in pursuance of, or undergone in compliance with, any such sentence.
3 For the purposes of section 96, circumstances ancillary to a caution are any circumstances of—
a the offence which was the subject of the caution;
b the conduct constituting the offence;
c any process preliminary to the caution (including consideration by any person of how to deal with the offence and the procedure for giving the caution);
d any proceedings for the offence which take place before the caution is given;
e anything which happens after the caution is given for the purpose of bringing any such proceedings to an end;
f any judicial review proceedings relating to the caution;
g in the case of a warning under section 65 of the Crime and Disorder Act 1998 (reprimands and warnings for persons aged under 18), anything done in pursuance of, or undergone in compliance with, a requirement to participate in a rehabilitation programme under section 66(2) of that Act.

Appeals and other supplementary provision

I4999 C3Appeal against refusal to disregard convictions or cautions

1 The applicant may appeal to the High Court if—
a the Secretary of State refuses an application on the basis mentioned in section 94(2A) or makes a decision of the kind mentioned in section 94(3)(b), and
b the High Court gives permission for an appeal against the decision.
2 On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Secretary of State.
3 If the High Court decides —
a that the conviction or caution is of a kind mentioned in section 92(1), it must make an order to that effect;
b that it appears as mentioned in condition A of that section, it must make an order to that effect.
4 Otherwise it must dismiss the appeal.
5 A conviction or caution to which an order under subsection (3) (b) relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.
6 There is no appeal from a decision of the High Court under this section.

I75100 C3Advisers

1 The Secretary of State may appoint persons to advise whether, in any case referred to them by the Secretary of State—
a the caution or conviction is of a kind mentioned in section 92(1), or
b the Secretary of State should decide as mentioned in condition A in that section.
2 The Secretary of State may disclose to a person so appointed such information (including anything within section 94(1)(a) or (b)) as the Secretary of State considers relevant to the provision of such advice.
3 The Secretary of State may pay expenses and allowances to a person so appointed.

I180C3C34101 C3Interpretation: Chapter 4

1 In this Chapter—
  • “caution” means—
    1. a caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted, or
    2. a reprimand or warning given under section 65 of the Crime and Disorder Act 1998 (reprimands and warnings for persons aged under 18),
  • “conviction” includes—
    1. a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings (including anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction for the purposes of that Act),
    2. a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and
    3. a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged,
  • “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter,
  • “disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter,
  • “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form,
  • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
  • “information” includes documents,
  • “notice” means notice in writing,
  • “official records” has the meaning given by section 95(5),
  • “sentence” includes—
    1. any punishment awarded, and
    2. any order made by virtue of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957,
    in respect of a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings, (including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act),
  • “service disciplinary proceedings” means any proceedings (whether in England and Wales or elsewhere)—
    1. under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under the enactment concerned to award a punishment in respect of an offence), F37...
    2. before a Standing Civilian Court established under the Armed Forces Act 1976 , or
    3. in respect of a service offence (whether or not before a court but excepting proceedings before a civilian court within the meaning of the Armed Forces Act 2006);
    and for the purposes of paragraph (c) “service offence” means a service offence within the meaning of the Armed Forces Act 2006, or an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059).
2 Paragraph (b) of the definition of “conviction” applies despite the following (which deem a conviction of a person discharged not to be a conviction)—
a section 14 of the Powers of Criminal Courts (Sentencing) Act 2000, and
b section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.
F143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In this Chapter a reference to an offence includes a reference to an inchoate or ancillary offence relating to the offence.
6 In the case of an attempt, conspiracy , incitement, encouraging or assisting, the references in this Chapter to the conduct constituting the offence are references to the conduct to which the attempt, conspiracy , incitement, encouraging or assisting related (whether or not that conduct occurred).
6A For the purposes of section 92, an inchoate or ancillary offence is to be treated as repealed or abolished to the extent that the offence to which it relates is repealed or abolished.
6B A reference to an inchoate or ancillary offence in relation to an offence is a reference to an offence of—
a attempting, conspiracy or incitement to commit the offence,
b encouraging or assisting the commission of the offence, or
c aiding, abetting, counselling or procuring the commission of the offence.
6C For the purposes of section 92, an offence under an enactment mentioned in subsection (6D) is to be treated as repealed to the extent that the conduct constituting the offence under the enactment—
a was punishable by reference to an offence under the law of England and Wales which has been repealed or abolished, or
b if the conduct was not punishable by the law of England and Wales, was punishable by reference to equivalent conduct constituting an offence under the law of England and Wales which has been repealed or abolished.
6D The enactments are—
a section 45 of the Naval Discipline Act 1866,
b section 41 of the Army Act 1881,
c section 41 of the Air Force Act 1917,
d section 70 of the Army Act 1955,
e section 70 of the Air Force Act 1955,
f section 42 of the Naval Discipline Act 1957, and
g section 42 of the Armed Forces Act 2006.
7 For the purposes of subsections (5), (6) and (6B) an attempt to commit an offence includes conduct which—
a consisted of frequenting with intent to commit the offence any river, canal, street, highway, place of public resort or other location mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection with frequenting by suspected persons or reputed thiefs, and
b was itself an offence under that section.

C31CHAPTER 5 Disregarding certain convictions for buggery etc: Northern Ireland

General

C20101A Power of Department of Justice to disregard certain convictions or cautions

1 A person who has in Northern Ireland been convicted of, or cautioned for, an offence under—
a Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),
b Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts),
c section 61 of the Offences against the Person Act 1861 (buggery), or
d section 11 of the Criminal Law Amendment Act 1885 (indecent acts between men),
may apply to the Department of Justice in Northern Ireland for the conviction or caution to become a disregarded conviction or caution.
2 A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.
3 In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, Condition A is that the Department of Justice in Northern Ireland decides that it appears that—
a the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and
b the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).
4 In relation to any other offence mentioned in subsection (1), Condition A is that the Department of Justice in Northern Ireland decides that it appears that—
a the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and
b any such conduct now would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)).
5 Condition B is that—
a the Department of Justice in Northern Ireland has given notice of the decision to the applicant under section 101C(4)(b), and
b the period of 14 days beginning with the day on which the notice was given has ended.
6 Sections 101D to 101G explain the effect of a conviction or caution becoming a disregarded conviction or caution.

101B Applications to the Department of Justice

1 An application under section 101A must be in writing.
2 It must state—
a the name, address and date of birth of the applicant,
b the name and address of the applicant at the time of the conviction or caution,
c so far as known to the applicant, the time when and the place where the conviction was made or the caution given and, for a conviction, the case number, and
d such other information as the Department of Justice in Northern Ireland may require.
3 It may include representations by the applicant or written evidence about the matters mentioned in condition A in section 101A.

101C Procedure for decisions by the Department of Justice

1 In considering whether to make a decision of the kind mentioned in condition A in section 101A, the Department of Justice in Northern Ireland must, in particular, consider—
a any representations or evidence included in the application, and
b any available record of the investigation of the offence and of any proceedings relating to it that the Department of Justice in Northern Ireland considers to be relevant.
2 The Department of Justice in Northern Ireland may not hold an oral hearing for the purpose of deciding whether to make a decision of the kind mentioned in condition A in section 101A.
3 Subsection (4) applies if the Department of Justice in Northern Ireland—
a decides that it appears as mentioned in condition A in section 101A, or
b makes a different decision in relation to the matters mentioned in that condition.
4 The Department of Justice in Northern Ireland must—
a record the decision in writing, and
b give notice of it to the applicant.

Effect of disregard

101D Effect of disregard on police and other records

1 The Department of Justice in Northern Ireland must by notice direct the relevant data controller to delete details, contained in relevant official records, of a disregarded conviction or caution.
2 A notice under subsection (1) may be given at any time after condition A in section 101A is met but no deletion may have effect before condition B in that section is met.
3 Subject to that, the relevant data controller must delete the details as soon as reasonably practicable.
4 Having done so, the relevant data controller must give notice to the person who has the disregarded conviction or caution that the details of it have been deleted.
5 In this section—
  • “delete”, in relation to such relevant official records as may be prescribed, means record with the details of the conviction or caution concerned—
    1. the fact that it is a disregarded conviction or caution, and
    2. the effect of it being such a conviction or caution,
  • “the general names database” means the names database held by the Secretary of State for the use of constables,
  • “the Northern Ireland names database” means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions,
  • “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions,
  • “prescribed” means prescribed by order of the Department of Justice in Northern Ireland,
  • “relevant data controller” means—
    1. in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland,
    2. in relation to other relevant official records, such persons as may be prescribed,
  • “relevant official records” means—
    1. the general names database,
    2. the Northern Ireland names database, and
    3. such other official records as may be prescribed.
6 An order under this section may make different provision for different purposes.
7 Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
8 A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I))).

101E Effect of disregard for disclosure and other purposes

1 A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not—
a committed the offence,
b been charged with, or prosecuted for, the offence,
c been convicted of the offence,
d been sentenced for the offence, or
e been cautioned for the offence.
2 In particular—
a no evidence is to be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Northern Ireland to prove that the person has done, or undergone, anything within subsection (1)(a) to (e), and
b the person is not, in any such proceedings, to be asked (and, if asked, is not to be required to answer) any question relating to the person’s past which cannot be answered without acknowledging or referring to the conviction or caution or any circumstances ancillary to it.
3 Where a question is put to a person, other than in such proceedings, seeking information with respect to the previous convictions, cautions, offences, conduct or circumstances of any person—
a the question is to be treated as not relating to any disregarded conviction or caution, or any circumstances ancillary to it (and the answer to the question may be framed accordingly), and
b the person questioned is not to be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose that conviction or caution or any circumstances ancillary to it in answering the question.
4 Any obligation imposed on any person by any enactment or rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person is not to extend to requiring the disclosure of a disregarded conviction or caution or any circumstances ancillary to it.
5 A disregarded conviction or caution, or any circumstances ancillary to it, is not a proper ground for—
a dismissing or excluding a person from any office, profession, occupation or employment, or
b prejudicing the person in any way in any office, profession, occupation or employment.
6 This section is subject to section 101F but otherwise applies despite any enactment or rule of law to the contrary.
7 See also section 101G (meaning of “proceedings before a judicial authority” and “circumstances ancillary to a conviction or caution”).

101F Saving for Royal pardons etc

Nothing in section 101E affects any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to grant a free pardon, to quash any conviction or sentence, or to commute any sentence.

101G Section 101E: supplementary

1 In section 101E, “proceedings before a judicial authority” includes (in addition to proceedings before any of the ordinary courts of law) proceedings before any tribunal, body or person having power—
a by virtue of any enactment, law, custom or practice,
b under the rules governing any association, institution, profession, occupation or employment, or
c under any provision of an agreement providing for arbitration with respect to questions arising under that agreement,
to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question.
2 For the purposes of section 101E, circumstances ancillary to a conviction are any circumstances of—
a the offence which was the subject of the conviction;
b the conduct constituting the offence;
c any process or proceedings preliminary to the conviction;
d any sentence imposed in respect of the conviction;
e any proceedings (whether by appeal or otherwise) for reviewing the conviction or any such sentence;
f anything done in pursuance of, or undergone in compliance with, any such sentence.
3 For the purposes of section 101E, circumstances ancillary to a caution are any circumstances of—
a the offence which was the subject of the caution;
b the conduct constituting the offence;
c any process preliminary to the caution (including consideration by any person of how to deal with the offence and the procedure for giving the caution);
d any proceedings for the offence which take place before the caution is given;
e anything which happens after the caution is given for the purposes of bringing any such proceedings to an end;
f any judicial review proceedings relating to the caution.

Appeals and other supplementary provision

101H Appeal against refusal to disregard convictions or caution

1 The applicant may appeal to the High Court in Northern Ireland if—
a the Department of Justice in Northern Ireland makes a decision of the kind mentioned in section 101C(3)(b), and
b the High Court gives permission for an appeal against the decision.
2 On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Department of Justice in Northern Ireland.
3 If the High Court decides that it appears as mentioned in condition A in section 101A, it must make an order to that effect.
4 Otherwise, it must dismiss the appeal.
5 A conviction or caution to which an order under subsection (3) relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.
6 There is no appeal from a decision of the High Court under this section.

101I Advisers

1 The Department of Justice in Northern Ireland may appoint persons to advise whether, in any case referred to them by the Department of Justice in Northern Ireland, the Department of Justice in Northern Ireland should decide as mentioned in condition A in section 101A.
2 The Department of Justice in Northern Ireland may disclose to a person so appointed such information (including anything within section 101C(1)(a) or (b)) as the Department of Justice considers relevant to the provision of such advice.
3 The Department of Justice in Northern Ireland may pay expenses and allowances to a person so appointed.

101J Interpretation: Chapter 5

C301 In this Chapter—
  • “caution” means a caution or a warning given to a person in Northern Ireland in respect of an offence which, at the time the caution or warning is given, that person has admitted,
  • “conviction” includes—
    1. a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and
    2. a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged,
  • “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter,
  • “disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter,
  • “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form,
  • “information” includes documents,
  • “notice” means notice in writing,
  • “official records” has the meaning given by section 101D(5).
C42 Paragraph (a) of the definition of “conviction” applies despite Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which deems a conviction of a person discharged not to be a conviction).
C43 In this Chapter, a reference to an offence includes—
a a reference to an attempt, conspiracy or incitement to commit that offence, and
b a reference to aiding, abetting, counselling or procuring the commission of that offence.
C44 In the case of an attempt, conspiracy or incitement, the references in this Chapter to the conduct constituting the offence are references to the conduct to which the attempt, conspiracy or incitement related (whether or not that conduct occurred).
C45 For the purposes of subsections (3) and (4) an attempt to commit an offence includes conduct which—
a consisted of frequenting with intent to commit the offence any river, canal, street, highway, place of public resort or other location mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection with frequenting by suspected persons or reputed thiefs, and
b was itself an offence under that section.

Part 6 Freedom of information and data protection

Publication of certain datasets

I39I210102 Release and publication of datasets held by public authorities

1 The Freedom of Information Act 2000 is amended as follows.
2 In section 11 (means by which communication to be made)—
a after subsection (1) insert—
,
b in subsection (4), for “subsection (1)” substitute “ subsections (1) and (1A) ”, and
c after subsection (4) insert—
3 After section 11 (means by which communication to be made) insert—
4 In section 19 (publication schemes)—
a after subsection (2) insert—
, and
b after subsection (7) insert—
5 In section 45 (issue of code of practice)—
a in subsection (2), after paragraph (d) (and before the word “and” at the end of the paragraph), insert—
,
b after subsection (2) insert—
, and
c in subsection (3) for “The code” substitute “ Any code under this section ”.
6 In section 84 (interpretation), after the definition of “the Commissioner”, insert—
.

Other amendments relating to freedom of information

I202103 Meaning of “publicly-owned company”

1 Section 6 of the Freedom of Information Act 2000 (publicly-owned companies) is amended as follows.
2 In subsection (1)—
a omit “or” at the end of paragraph (a),
b in paragraph (b) for the words from “any public authority” to “particular information” substitute “ the wider public sector ”, and
c after paragraph (b) insert
3 For subsection (2) substitute—
4 In subsection (3), at the end, insert—
.

I90104 Extension of certain provisions to Northern Ireland bodies

1 Omit—
a section 80A of the Freedom of Information Act 2000 (which modifies, in relation to information held by Northern Ireland bodies, certain provisions of the Act relating to historical records etc.), and
b paragraph 6 of Schedule 7 to the Constitutional Reform and Governance Act 2010 (which inserts section 80A into the Act of 2000).
2 The power of the Secretary of State under section 46(2) to (5) of the Act of 2010 to make transitional, transitory or saving provision in connection with the coming into force of paragraph 4 of Schedule 7 to that Act includes power to make such provision in connection with the coming into force of that paragraph of that Schedule as it has effect by virtue of this section.

The Information Commissioner

I223105 Appointment and tenure of Information Commissioner

1 In paragraph 2(1) of Schedule 5 to the Data Protection Act 1998 (maximum term of appointment for the Information Commissioner) for “five years” substitute “ seven years ”.
2 After paragraph 2(3) of that Schedule to that Act (removal of the Information Commissioner from office) insert—
3 Omit paragraph 2(4) and (5) of that Schedule to that Act (termination of term of office on attaining 65 years of age etc. and eligibility for re-appointment).
4 In the italic heading to paragraph 2 of that Schedule to that Act, after “office” insert “ and appointment ”.
5 Omit section 18(5) to (7) of the Freedom of Information Act 2000 (spent provisions about period of office of Data Protection Commissioner as first Information Commissioner and application of paragraph 2(4)(b) and (5) of Schedule 5 to the Act of 1998 to that person).

I354106 Alteration of role of Secretary of State in relation to guidance powers

1 For section 41C(7) of the Data Protection Act 1998 (code of practice about assessment notices: requirement for approval of Secretary of State) substitute—
2 In section 52B of that Act (data-sharing code: approval by the Secretary of State)—
a for subsections (1) to (3) substitute—
b in subsection (6) for the words from the beginning to “the Commissioner” substitute “ Where such a resolution is passed, the Commissioner ”.
3 For section 55C(5) of that Act (guidance about monetary penalty notices: requirement for approval of Secretary of State) substitute—

I166107 Removal of Secretary of State consent for fee-charging powers etc.

1 In section 51 of the Data Protection Act 1998 (general duties of the Information Commissioner)—
a in subsection (8) (power to charge fees, with the consent of the Secretary of State, in relation to any Part 6 services)—
i omit “with the consent of the Secretary of State”, and
ii before “services” insert “ relevant ”, and
b after subsection (8) insert—
2 In section 67(5)(a) of that Act (orders under the Act subject to negative procedure) after “51(3)” insert “ or (8B) ”.
3 In section 47 of the Freedom of Information Act 2000 (general functions of the Information Commissioner)—
a in subsection (4) (power to charge fees, with the consent of the Secretary of State, in relation to services provided under that section)—
i omit “with the consent of the Secretary of State”, and
ii before “services” insert “ relevant ”, and
b after subsection (4) insert—
4 In section 82(3)(a) of that Act (orders under the Act subject to negative procedure) after “4(1)” insert “ or 47(4B) ”.

I208108 Removal of Secretary of State approval for staff numbers, terms etc.

1 Paragraph 4 of Schedule 5 to the Data Protection Act 1998 (appointment of officers and staff of the Information Commissioner) is amended as follows.
2 After sub-paragraph (4) insert—
3 Omit sub-paragraph (5) (approval of Secretary of State required for number, and terms and conditions, of persons to be appointed).

Part 7 Miscellaneous and general

Trafficking people for exploitation

F56I236109 Trafficking people for sexual exploitation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23I303110 Trafficking people for labour and other exploitation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stalking

I154111 Offences in relation to stalking

1 After section 2 of the Protection from Harassment Act 1997 (offence of harassment) insert—
2 After section 4 of that Act (putting people in fear of violence) insert—

I218112 Power of entry in relation to stalking

After section 2A of the Protection from Harassment Act 1997 (for which see section 111) insert—

Miscellaneous repeals of enactments

113 Repeal of provisions for conducting certain fraud cases without jury

Omit section 43 of the Criminal Justice Act 2003 (applications by prosecution for certain fraud cases to be conducted without a jury).

I217114 Removal of restrictions on times for marriage or civil partnership

1 In the Marriage Act 1949—
a omit section 4 (solemnization of marriages to take place at any time between 8 a.m. and 6 p.m.), and
b omit section 75(1)(a) (offence of solemnizing a marriage outside the permitted hours).
2 In section 16(4) of the Marriage (Registrar General's Licence) Act 1970 (disapplication of certain provisions of the Act of 1949) for “sections 75(1)(a) and” substitute “ section ”.
3 In section 17(2) of the Civil Partnership Act 2004 (registration as civil partners under the standard procedure to take place on any day in the applicable period between 8 a.m. and 6 p.m.)—
a for “on any day in” substitute “ at any time during ”, and
b omit “between 8 o'clock in the morning and 6 o'clock in the evening”.
4 Omit section 31(2)(ab) of that Act (offence of officiating at the signing of a civil partnership schedule outside the permitted hours).

General

I2115 Consequential amendments, repeals and revocations

I302I12I369I68I56I65I359I204I165I243I1041 Schedule 9 (consequential amendments) has effect.
I51I80I189I92I274I311I304I332 The provisions listed in Schedule 10 are repealed or (as the case may be) revoked to the extent specified.
3 The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of this Act.
4 The power to make an order under subsection (3)—
a is exercisable by statutory instrument,
b includes power to make transitional, transitory or saving provision,
c may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including any Act passed in the same Session as this Act).
5 Subject to subsection (6), a statutory instrument containing an order under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6 A statutory instrument containing an order under this section which neither amends nor repeals any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
7 In this section—
  • “enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,
  • “primary legislation” means—
    1. a public general Act,
    2. an Act of the Scottish Parliament,
    3. a Measure or Act of the National Assembly for Wales, and
    4. Northern Ireland legislation.

116 Transitional, transitory or saving provision

1 The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act (other than Chapter 1 of Part 1 and any Welsh provision).
2 The Welsh Ministers may by order made by statutory instrument make such transitional, transitory or saving provision as the Welsh Ministers consider appropriate in connection with the coming into force of any Welsh provision.
3 In this section “Welsh provision” means any provision of this Act so far as it falls within section 120(3).

117 Financial provisions

1 There is to be paid out of money provided by Parliament—
a any expenditure incurred by a Minister of the Crown by virtue of this Act, and
b any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
2 There is to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act.

118 Channel Islands and Isle of Man

Her Majesty may by Order in Council provide for any of the provisions of—
a Chapters 1 to 3 of Part 5 (and Parts 6 to 8 of Schedule 9 and Parts 5 and 6 of Schedule 10), or
b section 110 (and Part 10 of Schedule 9, and Part 9 of Schedule 10, so far as relating to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004),
to extend, with or without modifications, to any of the Channel Islands or to the Isle of Man.

119 Extent

1 The following provisions extend to England and Wales only—
a sections 1 to 18, 23 and 24,
b Chapter 2 of Part 1,
c Chapter 1 of Part 2,
d section 53 and Schedule 3,
e Chapter 2 of Part 3,
e Chapter 1 of Part 5 (excluding section 78 and Schedule 7),
f Chapter 2 of Part 5 (excluding section 86),
g Chapter 4 of Part 5,
h sections 109 to 114,
i Parts 4, 6, 7 and 9 to 12 of Schedule 9 (subject to subsections (2), (3), (5) and (8) (k) and (m)),
j Parts 3, 5, 6 and 9 to 11 of Schedule 10 (subject to subsections (3), (5) and (8) (m)), and
k any provision which extends to England and Wales only by virtue of subsection (6) or (7).
2 The following provisions extend to England and Wales and Scotland only—
a paragraph 119(a) of Schedule 9,
b the repeal of section 22 of the Crime and Security Act 2010 in paragraph 4(2) of Schedule 9 and Part 1 of Schedule 10, and
c any provision which extends to England and Wales and Scotland only by virtue of subsection (6) or (7).
3 The following provisions extend to England and Wales and Northern Ireland only—
a Part 2 of Schedule 1,
b Chapter 3 of Part 5 (excluding paragraph 5(3) of Schedule 8 and section 91),
c in Part 6 of Schedule 9 and Part 5 of Schedule 10, the amendments and repeals in respect of—
i the Police Act 1997 (excluding sections 113A(10) and 113B(13) of that Act), and
ii paragraph 14(7)(c) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006, and
d any provision which extends to England and Wales and Northern Ireland only by virtue of subsection (7).
4 The following provisions extend to Scotland only—
a Part 5 of Schedule 1, and
b any provision which extends to Scotland only by virtue of subsection (7).
5 The following provisions extend to Northern Ireland only—
a Part 6 of Schedule 1,
b section 63 and Schedule 6,
c section 78 and Schedule 7,
d in Part 6 of Schedule 9 and Part 5 of Schedule 10, the amendments, repeals and revocations in respect of—
i the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) and any order made under that Order,
ii Part 3 of Schedule 5 to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), and
iii sections 90 and 92 of the Policing and Crime Act 2009, and
e any provision which extends to Northern Ireland only by virtue of subsection (7).
6 The following provisions have the extent provided for in those provisions—
a Schedule 2 (see each paragraph), and
b Part 2 of Schedule 10 (see the notes to that Part).
7 The amendments, repeals and revocations made by Parts 1 and 5 of Schedule 9 and Parts 1 and 4 of Schedule 10 have (subject to subsection (2)(b)) the same extent as the enactment amended, repealed or revoked.
8 The following provisions extend to England and Wales, Scotland and Northern Ireland—
a sections 19 to 22 (excluding Parts 2, 5 and 6 of Schedule 1) and 25,
b Chapter 2 of Part 2,
c Chapter 1 of Part 3 (excluding section 53 and Schedules 2 and 3),
d Part 4 (excluding section 63 and Schedule 6),
e section 86,
f paragraph 5(3) of Schedule 8,
g section 91,
h Part 6,
i sections 115 to 117 (excluding Schedules 9 and 10), this section and sections 120 and 121,
j Parts 2, 3 and 8 of Schedule 9,
k the amendments of Schedule 1 to the Criminal Justice and Police Act 2001, and Schedule 5 to the Sexual Offences Act 2003, in Part 11 of Schedule 9,
l Parts 7 and 8 of Schedule 10,
m the repeal of section 330(5)(b) of the Criminal Justice Act 2003 in Part 12 of Schedule 9 and Part 10 of Schedule 10, and
n any provision which extends to England and Wales, Scotland and Northern Ireland by virtue of subsection (6) or (7).

120 Commencement

1 Subject as follows, this Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
2 The provisions mentioned in subsection (3) come into force on such day as the Welsh Ministers may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
3 The provisions are—
a Chapter 2 of Part 1 so far as relating to schools in Wales and further education institutions in Wales,
b sections 39(1), 40, 41 and 43 to 46 so far as they confer functions on the Welsh Ministers,
c section 53 and Schedule 3, and
d section 56 and Schedule 4 so far as relating to land in Wales.
4 The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
a section 39(2) and Schedule 2, and
b Part 2 of Schedule 10 (and section 115(2) so far as relating to that Part of that Schedule).
5 The following provisions come into force on the day on which this Act is passed—
a sections 88 to 91,
b section 113, Part 12 of Schedule 9 and Part 10 of Schedule 10 (and section 115(1) and (2) so far as relating to those Parts of those Schedules), and
c sections 115(3) to (7) and 116 to 119, this section and section 121.

121 Short title

This Act may be cited as the Protection of Freedoms Act 2012.

SCHEDULES

SCHEDULE 1 

Amendments of regimes other than PACE

Section 19

Part 1  Material subject to the Terrorism Act 2000

1
I1791 Schedule 8 to the Terrorism Act 2000 (treatment of persons detained under section 41 or Schedule 7 of that Act) is amended as follows.
I1792 Omit paragraph 14 (retention of material: England and Wales and Northern Ireland).
I1793 In paragraph 20 (retention of material: Scotland)—
a in sub-paragraph (3), omit the words from “but” to the end of the sub-paragraph, and
b omit sub-paragraph (4).
I358I2784 After paragraph 20 insert—
I1945 In paragraph 11(1)(a), for “paragraph 14(4),” substitute “ a relevant search (within the meaning given by paragraph 20A(6)) or for the purposes of ”.
I1946 In paragraph 15(1) for “paragraphs 10 to 14” substitute “ paragraphs 10 to 13 ”.
I1947 After paragraph 15(1) insert—
I1948 In paragraph 15(2) for “paragraphs 10 to 14” substitute “ paragraphs 10 to 13 ”.

Part 2  Material subject to the International Criminal Court Act 2001

I3562In Schedule 4 of the International Criminal Court Act 2001 (taking of fingerprints or non-intimate samples) for paragraph 8 substitute—

Part 3  Material subject to section 18 of the Counter-Terrorism Act 2008

I2913The Counter-Terrorism Act 2008 is amended as follows.
I2624For section 18 (material not subject to existing statutory restrictions) substitute—

Part 4  Material subject to the Terrorism Prevention and Investigation Measures Act 2011

I645After paragraph 10(2) of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011(fingerprints and samples) insert—

Part 5  Material subject to the Criminal Procedure (Scotland) Act 1995

I3456
1 The Criminal Procedure (Scotland) Act 1995 is amended as follows.
2 In section 18(3), for “18F” substitute “ 18G ”.
3 After section 18F insert—

Part 6  Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989

7
1 This paragraph applies to the following material—
a a DNA profile to which Article 64 of the 1989 Order (destruction of fingerprints and samples) applies, or
b fingerprints to which Article 64 of the 1989 Order applies, other than fingerprints taken under Article 61(6A) of that Order.
2 If the Chief Constable of the Police Service of Northern Ireland determines that it is necessary for any material to which this paragraph applies to be retained for the purposes of national security—
a the material is not required to be destroyed in accordance with Article 64 of the 1989 Order, and
b Article 64(3AB) of that Order does not apply to the material,
for as long as the determination has effect.
3 A determination under sub-paragraph (2) (“a national security determination”)—
a must be made in writing,
b has effect for a maximum of 2 years beginning with the date on which the material would (but for this paragraph) first become liable for destruction under the 1989 Order, and
c may be renewed.
4 Material retained under this paragraph must not be used other than—
a in the interests of national security,
b for the purposes of a terrorist investigation,
c for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
d for purposes related to the identification of a deceased person or of the person to whom the material relates.
5 This paragraph has effect despite any provision to the contrary in the 1989 Order.
6 In this paragraph—
a the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,
b the reference to crime includes a reference to any conduct which—
i constitutes one or more criminal offences (whether under the law of Northern Ireland or of any country or territory outside Northern Ireland), or
ii is, or corresponds to, any conduct which, if it all took place in Northern Ireland, would constitute one or more criminal offences, and
c the references to an investigation and to a prosecution include references, respectively, to any investigation outside Northern Ireland of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside Northern Ireland.
7 In this paragraph—
  • “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
  • “DNA profile” means any information derived from a DNA sample;
  • “DNA sample” means any material that has come from a human body and consists of or includes human cells;
  • “offence”, in relation to any country or territory outside Northern Ireland, includes an act punishable under the law of that country or territory, however it is described;
  • “terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.

Part 7  Corresponding Northern Ireland provision for excepted or reserved matters etc.

I1638
1 The Secretary of State may make an order under sub-paragraph (2) or (3) if the Secretary of State considers that the subject-matter in relation to Northern Ireland of any provision of an Act of the Northern Ireland Assembly made in 2013 or 2014 is the same as the subject-matter in relation to England and Wales of any provision made by any of sections 1 to 18 and 23 to 25 of this Act.
2 The Secretary of State may by order make excepted or reserved provision in relation to Northern Ireland which is about the same subject-matter as any provision made in relation to England and Wales by any of sections 1 to 18 and 23 to 25 of this Act.
3 The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of the Act of the Northern Ireland Assembly or an order under sub-paragraph (2).
4 The power to make an order under this paragraph—
a is exercisable by statutory instrument,
b includes power to make incidental, supplementary, transitional, transitory or saving provision,
c may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act).
5 An order under this paragraph may not make provision which—
a if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted or reserved matter,
b if it were contained in an Act of the Scottish Parliament, would be within the legislative competence of the Scottish Parliament, or
c if it were contained in an Act of the National Assembly for Wales, would be within the legislative competence of the National Assembly for Wales.
6 Subject to sub-paragraph (7), a statutory instrument containing an order under this paragraph is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
7 A statutory instrument containing an order under this paragraph which neither amends nor repeals any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
8 In this paragraph—
  • “enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,
  • “excepted or reserved matter” have the meanings given by section 4(1) of the Northern Ireland Act 1998,
  • “excepted or reserved provision” means provision which—
    1. forms part of the law of Northern Ireland, and
    2. is not prohibited by sub-paragraph (5)(a),
  • “primary legislation” means—
    1. a public general Act,
    2. an Act of the Scottish Parliament,
    3. a Measure or Act of the National Assembly for Wales, and
    4. Northern Ireland legislation,
  • “transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998.

SCHEDULE 2 

Repeals etc. of powers of entry

Section 39(2)

Part 1  Water and Environment

Public Health (Control of Disease) Act 1984

1
1 Omit section 50 of the Public Health (Control of Disease) Act 1984 (power in relation to England and Wales to enter and inspect canal boats).
2 This paragraph extends to England and Wales only.

Merchant Shipping Act 1995

2
1 Omit section 258(4) of the Merchant Shipping Act 1995 (power of surveyor of ships etc. to enter premises to determine whether provisions or water intended for UK ships, including government ships, would be in accordance with safety regulations).
2 Sub-paragraph (1) does not apply to section 258(4) of the Act of 1995 so far as it applies for the purposes of section 256A of that Act (extension of power of entry to any member of the staff of the Scottish Administration authorised by the Scottish Ministers).
3 This paragraph extends to England and Wales, Scotland and Northern Ireland.

Environment Act 1995

3
1 Section 108(15) of the Environment Act 1995 (powers of entry etc. of persons authorised by enforcing authorities: interpretation) is amended as follows.
2 After the definition of “authorised person” insert—
.
3 After the definition of “enforcing authority” insert—
.
4 In the definition of “pollution control functions” in relation to a waste collection authority after “means” insert
.
5 This paragraph extends to England and Wales only.

Part 2  Agriculture

Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642)

4
1 Omit regulation 5 of the Dairy Herd Conversion Premium Regulations 1973 (power of authorised officer to enter land to inspect livestock in respect of which a premium has been applied for etc.).
2 Also—
a in regulation 2(1) of those Regulations omit the definition of “authorised officer”, and
b in regulation 7 of those Regulations, omit sub-paragraph (b) and the word “or” before it.
3 This paragraph extends to England and Wales only.

Milk (Cessation of Production) Act 1985

5
1 Omit section 2(1) of the Milk (Cessation of Production) Act 1985 (powers of entry in connection with compensation payments).
2 Also, in section 3(1) of that Act, omit paragraph (b) and the word “or” before it.
3 This paragraph extends to England and Wales only.

Cereals Co-responsibility Levy Regulations 1988 (S.I. 1988/1001)

6
1 Omit regulation 8 of the Cereals Co-responsibility Levy Regulations 1988 (power of authorised officer to enter premises used in relation to cereals).
2 Also—
a in regulation 9 of those Regulations omit “or 8”, and
b in regulation 11(d) of those Regulations for “regulations 7 or 8” substitute “ regulation 7 ”.
3 This paragraph extends to England and Wales only.

Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695)

7
1 Omit regulation 5 of the Oilseeds Producers (Support System) Regulations 1992 (power of authorised officer to enter and inspect oilseeds producers' premises).
2 Also—
a in regulation 2(1) of those Regulations omit the definitions of “authorised officer”, “oilseeds” and “specified control measure”, and
b omit regulations 6, 9 and 10 of those Regulations.
3 This paragraph extends to England and Wales only.

Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522)

8
1 Omit regulation 5 of the Older Cattle (Disposal) (England) Regulations 2005 (power of inspector to enter premises for the purposes of ensuring that regulations are being complied with).
2 This paragraph extends to England and Wales, Scotland and Northern Ireland.

Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (S.I. 2006/2821)

9
1 Omit regulation 6 of the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (power of inspector to enter a turkey holding or slaughterhouse for purposes relating to salmonella).
2 This paragraph extends to England and Wales, Scotland and Northern Ireland.

Part 3  Miscellaneous

Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642)

10
1 Omit article 22 of the Distribution of German Enemy Property (No 1) Order 1950 (power of constable to enter premises under warrant to search for and seize German enemy property).
2 This paragraph extends to England and Wales, Scotland and Northern Ireland.

Hypnotism Act 1952

11
1 Omit section 4 of the Hypnotism Act 1952 (constable's power to enter premises where entertainment is held if there is reasonable cause to believe that there is a contravention of the Act).
2 This paragraph extends to England and Wales only.

Landlord and Tenant Act 1985

12
1 Omit section 8(2) of the Landlord and Tenant Act 1985 (power of landlord to enter premises to view their state and condition).
2 This paragraph extends to England and Wales only.

Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629)

13
1 Omit regulation 24(6) of the Gas Appliances (Safety) Regulations 1995 (power of authorised officer to enter premises for the purposes of surveillance of manufacturer's compliance with requirements).
2 This paragraph extends to England and Wales, Scotland and Northern Ireland.

Cross-border Railway Services (Working Time) Regulations 2008 (2008/1660)

14
1 Omit paragraph 2(2)(a), (b) and (c) of Schedule 2 to the Cross-border Railway Services (Working Time) Regulations 2008 (power of Office of Rail Regulation's inspector to enter premises for the purpose of carrying the regulations into effect).
2 This paragraph extends to England and Wales and Scotland only.

Payment Services Regulations 2009 (S.I. 2009/209)

15
1 Omit regulation 83 of the Payment Services Regulations 2009 (power of an officer of the Financial Services Authority to enter premises used in relation to payment services).
2 This paragraph extends to England and Wales, Scotland and Northern Ireland.

SCHEDULE 3 

Corresponding code of practice for Welsh devolved powers of entry

Section 53

Code of practice

1
1 The Welsh Ministers may prepare a code of practice containing guidance about the exercise of—
a powers of entry, or
b associated powers.
The code may only contain provision that would be within the legislative competence of the National Assembly for Wales if contained in an Act of the Assembly.
2 Such a code may, in particular, include provision about—
a considerations before exercising, or when exercising, any such powers,
b considerations after exercising any such powers (such as the retention of records, or the publication of information, about the exercise of any such powers).
3 Such a code—
a need not contain provision about every type of power of entry or associated power,
b may make different provision for different purposes.
4 In the course of preparing such a code in relation to any powers, the Welsh Ministers must consult—
a such persons appearing to the Welsh Ministers to be representative of the views of persons entitled to exercise the powers concerned as the Welsh Ministers consider appropriate, and
b such other persons as the Welsh Ministers consider appropriate.

Issuing of code

2
1 The Welsh Ministers must lay before the National Assembly for Wales—
a any code of practice prepared under paragraph 1, and
b a draft of any order providing for the code to come into force.
2 The Welsh Ministers may make the order and issue the code if the draft of the order is approved by a resolution of the National Assembly for Wales.
3 The Welsh Ministers must not make the order or issue the code unless the draft of the order is so approved.
4 The Welsh Ministers may prepare another code of practice under paragraph 1 if the draft of the order is not so approved.
5 A code comes into force in accordance with an order under this paragraph.
6 Such an order—
a is to be a statutory instrument, and
b may contain transitional, transitory or saving provision.

Alteration or replacement of code

3
1 The Welsh Ministers—
a must keep the devolved powers of entry code under review, and
b may prepare an alteration to the code or a replacement code.
2 Before preparing an alteration or a replacement code in relation to any powers, the Welsh Ministers must consult—
a such persons appearing to the Welsh Ministers to be representative of the views of persons entitled to exercise the powers concerned as the Welsh Ministers consider appropriate, and
b such other persons as the Welsh Ministers consider appropriate.
3 The Welsh Ministers must lay before the National Assembly for Wales an alteration or a replacement code prepared under this paragraph.
4 If, within the 40-day period, the National Assembly for Wales resolves not to approve the alteration or the replacement code, the Welsh Ministers must not issue the alteration or code.
5 If no such resolution is made within that period, the Welsh Ministers must issue the alteration or replacement code.
6 The alteration or replacement code—
a comes into force when issued, and
b may include transitional, transitory or saving provision.
7 Sub-paragraph (4) does not prevent the Welsh Ministers from laying a new alteration or replacement code before the National Assembly for Wales.
8 In this paragraph “the 40-day period” means the period of 40 days beginning with the day on which the alteration or replacement code is laid before the National Assembly for Wales.
9 In calculating the 40-day period, no account is to be taken of—
a any period during which the National Assembly for Wales is dissolved, and
b any period of more than four days during which the National Assembly for Wales is in recess.
10 In this paragraph “the devolved powers of entry code” means any code of practice issued under paragraph 2(2) (as altered or replaced from time to time).

Publication of code

4
1 The Welsh Ministers must publish any code issued under paragraph 2(2).
2 The Welsh Ministers must publish any replacement code issued under paragraph 3(5).
3 The Welsh Ministers must publish—
a any alteration issued under paragraph 3(5), or
b the code or replacement code as altered by it.

Effect of code

5
1 A relevant person must have regard to the devolved powers of entry code when exercising any functions to which the code relates.
2 A failure on the part of any person to act in accordance with any provision of the devolved powers of entry code does not of itself make that person liable to criminal or civil proceedings.
3 The devolved powers of entry code is admissible in evidence in any such proceedings.
4 A court or tribunal may, in particular, take into account a failure by a relevant person to have regard to the devolved powers of entry code in determining a question in any such proceedings.
5 In this paragraph “relevant person” means any person specified or described by the Welsh Ministers in an order made by statutory instrument.
6 An order under sub-paragraph (5) may, in particular—
a restrict the specification or description of a person to that of the person when acting in a specified capacity or exercising specified or described functions,
b contain transitional, transitory or saving provision.
7 So far as an order under sub-paragraph (5) contains a restriction of the kind mentioned in sub-paragraph (6)(a) in relation to a person, the duty in sub-paragraph (1) applies only to the person in that capacity or (as the case may be) only in relation to those functions.
8 Before making an order under sub-paragraph (5) in relation to any person or description of persons, the Welsh Ministers must consult such persons appearing to the Welsh Ministers to be representative of the views of the person or persons in relation to whom the order may be made as the Welsh Ministers consider appropriate.
9 No instrument containing the first order under sub-paragraph (5) is to be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.
10 Subject to this, an instrument containing an order under sub-paragraph (5) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Interpretation

6In this Schedule—
  • “the devolved powers of entry code” has the meaning given by paragraph 3(10),
  • “power of entry” and “associated power” have the meaning given by section 46.

SCHEDULE 4 

Recovery of unpaid parking charges

Section 56

Introductory

I109I1911
1 This Schedule applies where—
a the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and
b those charges have not been paid in full.
2 It is immaterial for the purposes of this Schedule whether or not the vehicle was permitted to be parked (or to remain parked) on the land.
I76I1982
1 In this Schedule—
  • “the appropriate national authority” means—
    1. in relation to relevant land in England, the Secretary of State; and
    2. in relation to relevant land in Wales, the Welsh Ministers;
  • “the creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle;
  • “current address for service” means—
    1. in the case of the keeper, an address which is either—
      1. an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or
      2. the keeper's registered address (if there is one); or
    2. in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;
  • “driver” includes, where more than one person is engaged in the driving of the vehicle, any person so engaged;
  • “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;
  • “notice to driver” means a notice given in accordance with paragraph 7;
  • “notice to keeper” means a notice given in accordance with paragraph 8 or 9 (as the case may be);
  • “parking charge”—
    1. in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge, and
    2. in the case of a relevant obligation arising as a result of a trespass or other tort, means a sum in the nature of damages,
    however the sum in question is described;
  • “registered address” means, in relation to the keeper of a registered vehicle, the address described in paragraph 11(3)(b) (as provided by the Secretary of State in response to the application for the keeper's details required by paragraph 11);
  • “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;
  • “registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;
  • “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—
    1. the owner or occupier of the land; or
    2. authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;
  • “relevant land” has the meaning given by paragraph 3;
  • “relevant obligation” means—
    1. an obligation arising under the terms of a relevant contract; or
    2. an obligation arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land;
  • “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.
2 The reference in the definition of “parking charge” to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles (when the vehicle was parked on the relevant land).
3 For the purposes of sub-paragraph (2) “adequate notice” means notice given by—
a the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or
b where no such requirements apply, the display of one or more notices which—
i specify the sum as the charge for unauthorised parking; and
ii are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.
I300I1323
1 In this Schedule “relevant land” means any land (including land above or below ground level) other than—
a a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
b a parking place which is provided or controlled by a traffic authority;
c any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
2 In sub-paragraph (1)(b)—
  • “parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
  • “traffic authority” means each of the following—
    1. the Secretary of State;
    2. the Welsh Ministers;
    3. Transport for London;
    4. the Common Council of the City of London;
    5. the council of a county, county borough, London borough or district;
    6. a parish or community council;
    7. the Council of the Isles of Scilly.
3 For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.
4 In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—
a any Act (including a local or private Act), whenever passed; or
b any subordinate legislation, whenever made,
and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument , but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005.

Right to claim unpaid parking charges from keeper of vehicle

I143I1574
1 The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
2 The right under this paragraph applies only if—
a the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and
b the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
3 For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
4 The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.
5 The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).
6 Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).
7 The right under this paragraph is subject to paragraph 13 (which provides for the right not to apply in certain circumstances in the case of a hire vehicle).

Conditions that must be met for purposes of paragraph 4

I296I1535
1 The first condition is that the creditor—
a has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
b is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
2 Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.
I375I2456
1 The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
a has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; or
b has given a notice to keeper in accordance with paragraph 9.
2 If a notice to driver has been given, any subsequent notice to keeper must be given in accordance with paragraph 8.
I199I147
1 A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
2 The notice must—
a specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
b inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;
c inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—
i specified in the notice; and
ii no later than the time specified under paragraph (f);
d inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
e identify the creditor and specify how and to whom payment may be made;
f specify the time when the notice is given and the date.
3 The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).
4 The notice must be given—
a before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
b while the vehicle is stationary,
by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.
5 In sub-paragraph (2)(d) the reference to arrangements for the resolution of disputes or complaints includes—
a any procedures offered by the creditor for dealing informally with representations by the driver about the notice or any matter contained in it; and
b any arrangements under which disputes or complaints (however described) may be referred by the driver to independent adjudication or arbitration.
I175I2498
1 A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
2 The notice must—
a specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
b inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
c state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);
d if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—
i specified in the notice to keeper, and
ii no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
e state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
i to pay the unpaid parking charges; or
ii if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
f warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
i the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
ii the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
g inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
h identify the creditor and specify how and to whom payment or notification to the creditor may be made;
i specify the date on which the notice is sent (if it is sent by post) or given (in any other case).
3 The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
4 The notice must be given by—
a handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
b sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
5 The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
6 A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
7 When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.
8 In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—
a any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
b any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.
I184I1599
1 A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
2 The notice must—
a specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
b inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
c describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
d specify the total amount of those parking charges that are unpaid, as at a time which is—
i specified in the notice; and
ii no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
e state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
i to pay the unpaid parking charges; or
ii if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
f warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
i the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
ii the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
g inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
h identify the creditor and specify how and to whom payment or notification to the creditor may be made;
i specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
3 The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
4 The notice must be given by—
a handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
b sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
5 The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
6 A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
7 When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.
8 In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—
a any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
b any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.
I211I15810
1 The appropriate national authority may by regulations made by statutory instrument prescribe evidence which must accompany a notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or paragraph 6(1)(b) (as the case may be).
2 The regulations may in particular make provision as to—
a the means by which any prescribed evidence is to be generated or otherwise produced (which may include a requirement to use equipment of a kind approved for the purpose by a person specified in the regulations); or
b the circumstances in which any evidence is, or is not, required to accompany a notice to keeper.
3 The regulations may—
a include incidental, supplementary, transitional, transitory or saving provision;
b make different provision for different purposes.
I162I11311
1 The third condition is that—
a the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper's details in relation to the period of parking to which the unpaid parking charges relate;
b the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);
c the information sought by the application is provided by the Secretary of State to the applicant.
2 The third condition only applies if the vehicle is a registered vehicle.
3 In this paragraph “application for the keeper's details” means an application for the following information to be provided to the applicant by virtue of regulations made under section 22(1)(c) of the Vehicle Excise and Registration Act 1994—
a the name of the registered keeper of the vehicle during the period of parking to which the unpaid parking charges relate; and
b the address of that person as it appears on the register (or, if that person has ceased to be the registered keeper, as it last appeared on the register).
I378I6612
1 The fourth condition is that any applicable requirements prescribed under this paragraph were met at the beginning of the period of parking to which the unpaid parking charges relate.
2 The appropriate national authority may by regulations made by statutory instrument prescribe requirements as to the display of notices on relevant land where parking charges may be incurred in respect of the parking of vehicles on the land.
3 The provision made under sub-paragraph (2) may, in particular, include provision—
a requiring notices of more than one kind to be displayed on any relevant land;
b as to the content or form of any notices required to be displayed; and
c as to the location of any notices required to be displayed.
4 Regulations under this paragraph may—
a include incidental, supplementary, transitional, transitory or saving provision;
b make different provision for different areas or purposes.

Hire vehicles

I239I6213
1 This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—
a the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm; and
b the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).
2 The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—
a a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
b a copy of the hire agreement; and
c a copy of a statement of liability signed by the hirer under that hire agreement.
3 The statement of liability required by sub-paragraph (2)(c) must—
a contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;
b include an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer;
(and it is immaterial whether the statement mentioned in paragraph (a) relates also to other charges or penalties of any kind).
4 A statement required by sub-paragraph (2)(a) or (c) must be in such form (if any) as may be prescribed by the appropriate national authority by regulations made by statutory instrument.
5 The documents mentioned in sub-paragraph (2) must be given by—
a handing them to the creditor;
b leaving them at any address which is specified in the notice to keeper as an address at which documents may be given to the creditor or to which payments may be sent; or
c sending them by post to such an address so that they are delivered to that address within the period mentioned in that sub-paragraph.
6 In this paragraph and paragraph 14—
a “hire agreement” means an agreement which—
i provides for a vehicle to be let to a person (“the hirer”) for a period of any duration (whether or not the period is capable of extension by agreement between the parties); and
ii is not a hire-purchase agreement within the meaning of the Consumer Credit Act 1974;
b any reference to the currency of a hire agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of any period specified in the agreement but otherwise on terms and conditions specified in it; and
c “vehicle-hire firm” means any person engaged in the hiring of vehicles in the course of a business.
I108I14114
1 If—
a the creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and
b the conditions mentioned in sub-paragraph (2) below are met,
the creditor may recover those charges (so far as they remain unpaid) from the hirer.
2 The conditions are that—
a the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;
b a period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and
c the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
3 In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by paragraph 13(2) are given to the creditor.
4 For the purposes of sub-paragraph (2)(c) a vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
5 The notice to hirer must—
a inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer;
b refer the hirer to the information contained in the notice to keeper;
c warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid;
d inform the hirer of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
e identify the creditor and specify how and to whom payment may be made; and
f specify the date on which the notice is sent (if it is sent by post) or given (in any other case).
6 The documents mentioned in sub-paragraph (2)(a) must be given by—
a handing them to the hirer;
b leaving them at an address which is either—
i an address specified in the statement of liability mentioned in paragraph 13(2)(c) as an address at which documents may be given to the hirer; or
ii an address at which documents relating to civil proceedings could properly be served on the hirer under Civil Procedure Rules; or
c sending them by post to such an address so that they are delivered to that address within the relevant period for the purposes of sub-paragraph (2)(a).
7 In sub-paragraph (5)(d) the reference to arrangements for the resolution of disputes or complaints includes—
a any procedures offered by the creditor for dealing informally with representations by the hirer about the notice or any matter contained in it; and
b any arrangements under which disputes or complaints (however described) may be referred by the hirer to independent adjudication or arbitration.

Application to Crown vehicles etc

I368I14015
1 The provisions of this Schedule apply to—
a vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994 (other than a vehicle exempted by sub-paragraph (2)), and
b any person in the public service of the Crown who is the keeper of a vehicle falling within paragraph (a).
2 But this Schedule does not apply in relation to a vehicle that—
a at the relevant time is used or appropriated for use for naval, military or air force purposes, or
b belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952) or is at the relevant time used or appropriated for use by such forces.

Power to amend Schedule

I139I3516
1 The appropriate national authority may by order made by statutory instrument amend this Schedule for the purpose of—
a amending the definition of “relevant land” in paragraph 3;
b adding to, removing or amending any of the conditions to which the right conferred by paragraph 4 is for the time being subject.
2 The power to amend this Schedule for the purpose mentioned in sub-paragraph (1)(b) includes, in particular, power to add to, remove or amend—
a any provisions that are applicable for the purposes of a condition; and
b any powers of the appropriate national authority to prescribe anything for the purposes of a condition by regulations made by statutory instrument.
3 An order under this paragraph may—
a include incidental, supplementary, transitional, transitory or saving provision;
b make different provision for different purposes.

Parliamentary procedure

I226I32717
1 A statutory instrument containing regulations under any provision of this Schedule is subject to annulment by—
a a resolution of either House of Parliament (in the case of regulations made by the Secretary of State); or
b a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).
2 A statutory instrument containing an order made under paragraph 16—
a in the case of an order of the Secretary of State, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;
b in the case of an order of the Welsh Ministers, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

I26SCHEDULE 5 

Replacement powers to stop and search: supplementary provisions

Section 61(2)

I26

After Schedule 6A to the Terrorism Act 2000 insert—

SCHEDULE 6 

Stop and search powers: Northern Ireland

Section 63

I2801
1 Paragraph 4 of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 (stopping and searching persons in relation to unlawful munitions and wireless apparatus) is amended as follows.
2 In sub-paragraph (1) (power to stop and search without reasonable suspicion) for “An officer” substitute “ A member of Her Majesty's forces who is on duty ”.
3 In sub-paragraph (2)—
a for “officer”, in the first place where it appears, substitute “ member of Her Majesty's forces who is on duty ”, and
b for “officer”, in the second place where it appears, substitute “ member concerned ”.
4 After sub-paragraph (3) insert—
5 In the italic cross-heading before paragraph 4, at the end, insert “ : general ”.
I3282After paragraph 4 of that Schedule to that Act insert—
I883In paragraph 9(1) of that Schedule to that Act (offence of failing to stop when required to do so) after “paragraph 4” insert “ or by virtue of paragraph 4A ”.

SCHEDULE 7 

Safeguarding of vulnerable groups: Northern Ireland

Section 78

Restriction of scope of regulated activities: children

I3601
1 Parts 1 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (regulated activity relating to children and the period condition) are amended as follows.
2 In paragraph 1(1)(b) (frequency and period condition for regulated activity), at the beginning, insert “ except in the case of activities falling within sub-paragraph (1A), ”.
3 After paragraph 1(1) insert—
4 In paragraph 1(2)(c) (work activities at certain establishments to be regulated activity) for “any form of work (whether or not for gain)” substitute “ any work falling within sub-paragraph (2A) or (2B) ”.
5 After paragraph 1(2) insert—
6 Also in paragraph 1—
a after sub-paragraph (6) insert—
,
b omit sub-paragraph (7) (exercise of functions of persons mentioned in paragraph 4(1) to be regulated activity), and
c after sub-paragraph (12) insert—
7 In paragraph 2 (activities referred to in paragraph 1(1))—
a in sub-paragraph (1) omit paragraph (d) (treatment and therapy provided for a child),
b in sub-paragraph (2)—
i for “, (c) and (d)” substitute “ and (c) ”, and
ii omit paragraph (d), and
c after sub-paragraph (3) insert—
8 Omit paragraph 4 (list of persons referred to in paragraph 1(7)).
9 In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “ or (c) ”.

Restriction of definition of vulnerable adults

I2072
1 In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (interpretation of Order), in the first paragraph (2)—
a after the definition of “the 2003 Order” insert—
, and
b in the definition of “vulnerable adult”, for the words “must be construed in accordance with Article 3” substitute “ means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is provided ”.
2 Omit Article 3 of the Order of 2007 (definition of vulnerable adults).

Restriction of scope of regulated activities: vulnerable adults

I3503
1 Parts 2 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity relating to vulnerable adults and the period condition) are amended as follows.
I2992 For paragraph 7(1) to (3) (main activities which are regulated activity) substitute—
3 Omit paragraph 7(4) (certain activities in residential care or nursing homes to be regulated activity).
4 In paragraph 7(5) (day to day management or supervision of certain activities to be regulated activity) omit “, (4)”.
5 Omit paragraph 7(9) (functions of certain persons to be regulated activity).
6 Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions are to be regulated activity).
7 In paragraph 10(2) (the period condition)—
a omit “or 7(1)(a), (b), (c), (d) or (g)”, and
b in paragraph (b), omit “or vulnerable adults (as the case may be)”.

Alteration of test for barring decisions

I2134
1 For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (automatic inclusion of person to whom paragraph applies in children's barred list) substitute—
2 For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Order (inclusion of person to whom paragraph applies in children's barred list with right to make representation afterwards) substitute—
3 In paragraph 3 of that Schedule to that Order (inclusion in children's barred list on behaviour grounds)—
a in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.
4 In paragraph 5 of that Schedule to that Order (inclusion in children's barred list because of risk of harm)—
a in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.
5 For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Order (automatic inclusion of person to whom paragraph applies in adults' barred list) substitute—
6 For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Order (inclusion of person to whom paragraph applies in adults' barred list with right to make representation afterwards) substitute—
7 In paragraph 9 of that Schedule to that Order (inclusion in adults' barred list on behaviour grounds)—
a in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.
8 In paragraph 11 of that Schedule to that Order (inclusion in adults' barred list because of risk of harm)—
a in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute
,
b in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—
, and
c in sub-paragraph (3)(b) for “appears to ISA” substitute “ is satisfied ”.

Abolition of controlled activity

I2295Omit Articles 25 to 27 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (controlled activity).

Abolition of monitoring

I376Omit Articles 28 to 31 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (monitoring).

Information for purposes of making barring decisions

I2817
1 In paragraph 19 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (information required by ISA about persons to whom grounds for barring apply)—
a in sub-paragraph (1)—
i in paragraph (a) after “applies” insert “ or appears to apply ”,
ii in paragraph (b) for “apply” substitute “ applies or appears to apply ”, and
iii omit paragraph (d),
b in sub-paragraphs (2) and (3) for “thinks might” substitute “ reasonably believes to ”, and
c in sub-paragraph (6)—
i omit the words from “which” to “it is”, and
ii omit “or paragraph 20(2)”.
2 In paragraph 20 of that Schedule to that Order (provision of information by Secretary of State to ISA) for sub-paragraph (3) substitute—

Review of barring decisions

I588After paragraph 18 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (power to apply for review of a person's inclusion in a barred list) insert—

Information about barring decisions

9
1 For Articles 32 to 34 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (provision of vetting information and information about cessation of monitoring) substitute—
2 In Article 35 of that Order (cessation of registration)—
a in paragraph (1) for “34” substitute “ 32B ”,
b in paragraph (2) for “(6)” substitute “ (5) ”, and
c after paragraph (3) insert—
3 In Article 36 of that Order (declarations under Articles 32 and 34)—
a in the heading for “32 and 34” substitute “ 32A and 32B ”, and
b in paragraph (1) for “32 or 34” substitute “ 32A or 32B ”.
I1034 Omit entry 19 in the table in paragraph 1 of Schedule 5 to that Order (power to add entries to the table).
I1035 In paragraph 2 of Schedule 5 to that Order (power to amend entries in the table) for the words from “any” to the end substitute “ this Schedule ”.
I1036 Omit paragraph 3(1)(b) of Schedule 5 to that Order (barring information where certain activities carried on for the purposes of the armed forces of the Crown) and the word “or” before it.

Duty to check whether person barred

10After Article 36 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (declarations relating to the provision of barring information) insert—

Restrictions on duplication with barred lists in England and Wales and Scotland

11
1 Before paragraph 6 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (restriction on inclusion in children's barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—
2 In paragraph 6(1)(a) of that Schedule to that Order—
a after “if” insert “ ISA knows that ”,
b after “authority” insert
, and
c for the words from “(whether” to “list)” substitute
.
3 Before paragraph 12 of that Schedule to that Order (restriction on inclusion in adults' barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—
4 In paragraph 12(1)(a) of that Schedule to that Order—
a after “if” insert “ ISA knows that ”,
b after “authority” insert
, and
c for the words from “(whether” to “list)” substitute
.

Professional bodies

12
I1161 In Article 43 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (registers: duty to refer)—
a in paragraph (1)—
i for “must” substitute “ may ”, and
ii omit “prescribed”,
b in paragraph (4)—
i in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,
ii also in sub-paragraph (a), omit “or controlled activity”, and
iii in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,
c omit paragraphs (4A) to (4C),
d in paragraph (5) omit “prescribed”, and
e in the heading for “duty” substitute “ power ”.
I1192 In Article 45 of that Order (registers: notice of barring etc.) for paragraphs (1) to (5) substitute—
I1513 In the heading of Article 45 of that Order for “notice of barring and cessation of monitoring” substitute “ provision of barring information to keepers of registers ”.
I1514 Omit Article 46 of that Order (registers: power to apply for vetting information).

Supervisory authorities

13
I2441 In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (duty of supervisory authorities to refer)—
a in paragraph (1)—
i for “must” substitute “ may ”, and
ii omit “prescribed”,
b in paragraph (4)—
i in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,
ii also in sub-paragraph (a), omit “or controlled activity”, and
iii in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,
c in paragraph (5) omit “prescribed”,
d omit paragraph (6), and
e in the heading for “duty” substitute “ power ”.
I2442 In Article 49 of that Order (supervisory authorities: power to apply for vetting information)—
a in the heading for “vetting” substitute “ certain barring ”,
b in paragraph (1) for “the Secretary of State”, in both places where it occurs, substitute “ ISA ”,
c in paragraph (2) omit sub-paragraphs (b) to (e),
d in paragraph (3) omit sub-paragraphs (b) to (e),
e omit paragraph (5), and
f in paragraph (7) for “prescribe” substitute “ determine ”.
3 In Article 50 of that Order (supervisory authorities: notification of barring etc. in respect of children)—
a in paragraph (1)—
i for “This Article” substitute “ Paragraph (2) ”,
ii in sub-paragraph (a) omit “newly”,
iii at the end of sub-paragraph (a) insert “ or ”,
iv in sub-paragraph (b) for “becomes” substitute “ is ”, and
v omit sub-paragraph (c) and the word “or” before it,
b in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,
c after paragraph (2) insert—
,
d in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
e in paragraph (5)—
i after “withdrawn if” insert
, and
ii for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
f also in paragraph (5), at the end, insert
, and
I244g in paragraph (8) for “prescribe” substitute “ determine ”.
4 In Article 51 of that Order (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—
a in paragraph (1)—
i for “This Article” substitute “ Paragraph (2) ”,
ii in sub-paragraph (a) omit “newly”,
iii at the end of sub-paragraph (a) insert “ or ”,
iv in sub-paragraph (b) for “becomes” substitute “ is ”, and
v omit sub-paragraph (c) and the word “or” before it,
b in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,
c after paragraph (2) insert—
,
d in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
e in paragraph (5)—
i after “withdrawn if” insert
, and
ii for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
f also in paragraph (5), at the end, insert
, and
I244g in paragraph (8) for “prescribe” substitute “ determine ”.
I2445 In Article 52 of that Order (provision of information to supervisory authorities)—
a in paragraph (2) for “must” substitute “ may (whether on an application by the authority or otherwise) ”,
b in paragraph (3)—
i in sub-paragraph (b), after “the authority” insert “ which is mentioned in Article 47(7) ”, and
ii for the words from “or information” to “occurred” substitute “ or of any circumstance mentioned in Article 50(1) or 51(1) ”, and
c after paragraph (3) insert—

Minor amendments

I3014
1 Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced, would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 in connection with the notification of proposals to include persons in barred lists).
2 After Article 10(8) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity providers) insert—
3 In Article 41 of the Order of 2007 (education and library boards and HSC bodies: duty to refer)—
a in paragraph (1)—
i for “must” substitute “ may ”, and
ii omit “prescribed”,
b in paragraph (4)—
i in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,
ii also in sub-paragraph (a), omit “or controlled activity”, and
iii in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,
c in paragraph (5) omit “prescribed”, and
d in the heading for “duty” substitute “ power ”.
I714 In Article 52A(1) of that Order (power for ISA to provide information to the police for use for certain purposes)—
a for the words “or the chief constable of a police force in England, Wales or Scotland” substitute “ , a chief officer of police or the chief constable of a police force in Scotland ”, and
b after sub-paragraph (b), insert—
.
5 After Article 52A(1) of that Order insert—
6 After paragraph 5 of Schedule 2 to that Order (regulated activity relating to children) insert—

SCHEDULE 8 

Disclosure and Barring Service

Section 87(3)

Membership

I2891
1 DBS is to consist of—
a a person who has the function of chairing DBS, and
b such number of other members as the Secretary of State decides.
2 A person falling within sub-paragraph (1)(a) or (b) (in this Schedule “an appointed member”) is be appointed by the Secretary of State.
3 In appointing any such person, the Secretary of State must have regard to the desirability of ensuring that at least some of the appointed members of DBS are persons who appear to the Secretary of State to have knowledge or experience of an aspect of child protection or the protection of vulnerable adults.
4 The Secretary of State must consult the Welsh Ministers and a Northern Ireland Minister before making any appointment under this paragraph.
5 In sub-paragraph (4) “Northern Ireland Minister” includes the First Minister and deputy First Minister in Northern Ireland.

Terms of appointment of members

I52
1 Subject as follows, an appointed member holds and vacates office in accordance with the terms of appointment.
2 A period of appointment may not exceed 5 years.
3 An appointed member may resign by giving notice in writing to the Secretary of State.
4 The Secretary of State may by notice in writing remove an appointed member who—
a has, without reasonable excuse, failed, for a continuous period of three months, to carry out the person's functions,
b has been convicted (whether before or after the person's appointment) of a criminal offence,
c is an undischarged bankrupt, or whose estate has been sequestrated and the person has not been discharged,
d is a person in relation to whom a moratorium period, under a debt relief order made under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), applies,
e is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 or an order to similar effect made under any corresponding enactment in force in Scotland or Northern Ireland,
f is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989,
g has made a composition or arrangement with, or granted a trust deed for, the person's creditors,
h has failed to comply with the terms of the person's appointment, or
i is otherwise unable or unfit to carry out the person's functions.
5 A person who ceases to be an appointed member is eligible for re-appointment unless the cessation is by virtue of sub-paragraph (4).

Remuneration etc: members

I1363
1 DBS may pay to the person who has the function of chairing it and each of the other appointed members such remuneration and such allowances as the Secretary of State may decide.
2 Sub-paragraph (3) applies if—
a a person ceases to be an appointed member of DBS, and
b the Secretary of State considers that there are special circumstances which make it right for the person to receive compensation.
3 The Secretary of State may require DBS to pay the person such amount as the Secretary of State may decide.

Staff

I104
1 DBS must appoint a person to be chief executive.
2 The period of appointment must not exceed 5 years (but a person may be re-appointed).
3 DBS must consult the Secretary of State before appointing a chief executive.
4 The person who has the function of chairing DBS may, with the approval of the Secretary of State, be appointed as chief executive.
5 The chief executive is an employee of DBS.
6 DBS may appoint such number of other staff as it considers appropriate.
7 DBS may make arrangements for persons to be seconded to DBS to serve as members of its staff.
8 A member of a police force on temporary service with DBS is to be under the direction and control of DBS.

Remuneration, pensions etc of staff

I285
1 DBS may pay to its staff such remuneration and such allowances as it may, with the approval of the Secretary of State, decide.
2 DBS may—
a pay such pensions, allowances or gratuities to or in respect of any member of staff or former member of staff, or
b pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any member of staff or former member of staff,
as it may, with the approval of the Secretary of State, decide.
3 Employment with DBS is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) insert at the appropriate place— “ Employment by the Disclosure and Barring Service. ”
4 DBS must pay to the Minister for the Civil Service, at such times as the Minister may direct in writing, such sums as the Minister may decide in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Act of 1972.

Delegation of functions

I3226DBS may, to such extent as it may decide, delegate any of its functions to—
a any of its appointed members,
b a member of its staff,
c a committee consisting of any of its appointed members, members of its staff or both appointed members and members of staff.
I697DBS may, to such extent as it may decide, delegate any of its functions, other than a core function, to—
a a person who is neither an appointed member nor a member of staff,
b a committee (including a committee which comprises or includes persons who are neither appointed members nor members of staff).
I2878
1 In this Schedule a core function is—
a deciding whether it is appropriate for a person to be included in a barred list under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)),
b deciding whether to remove a person from such a list,
c considering representations made for the purposes of Schedule 3 to that Act or (as the case may be) Schedule 1 to that Order, or
d any function under, or in connection with, Part 5 of the Police Act 1997 which is specified for this purpose in an order made by the Secretary of State.
2 An order under sub-paragraph (1)(d) is to be made by statutory instrument which is to be subject to annulment in pursuance of a resolution of either House of Parliament.

Business plans

I2529
1 As soon as possible after the beginning of each financial year, DBS must issue a business plan in relation to the proposed exercise of its functions during that year.
2 DBS must consult the Secretary of State before issuing the plan.
3 DBS must arrange for the plan to be published in such manner as it considers appropriate.
4 In this Schedule “financial year” is—
a the period—
i starting with the day on which DBS is established, and
ii ending with the next 31st March or, if the period ending with that date is 3 months or less, ending with the next 31st March after that date, and
b each succeeding period of 12 months.

Reports

I16110
1 As soon as possible after the end of each financial year, DBS must issue a report on the exercise of its functions during that year.
2 DBS must arrange for the report to be published in such manner as it considers appropriate.

Funding

I23211The Secretary of State may make payments to DBS of such amounts, at such times and on such conditions (if any), as the Secretary of State considers appropriate.

Accounts

I2012
1 DBS must keep its accounts in such form as the Secretary of State decides.
2 DBS must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides.
3 Before the end of the specified period following the end of each financial year to which the annual accounts relate DBS must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General.
4 The Comptroller and Auditor General must—
a examine, certify and report on the annual accounts, and
b send a copy of the certified accounts and of the report to the Secretary of State.
5 The Secretary of State must lay before Parliament each document received under sub-paragraph (4)(b).
6 The specified period is such period as the Secretary of State directs in writing.

Guidance

I26913
1 The Secretary of State may, from time to time, issue guidance in writing to DBS in relation to the exercise of any of its functions.
2 DBS must have regard to any such guidance before exercising any function to which it relates.

Directions

I10014
1 The Secretary of State may give directions in writing to DBS in relation to the exercise of any of its functions other than a core function mentioned in paragraph 8(1)(a), (b) or (c).
2 The Secretary of State may vary or revoke any such directions.
3 DBS must comply with any directions given under this paragraph.

Status

I21915
1 DBS is not to be regarded—
a as a servant or agent of the Crown, or
b as enjoying any status, immunity or privilege of the Crown.
2 DBS's property is not to be regarded as property of, or property held on behalf of, the Crown.

Use of information

I22716Information obtained by DBS in connection with the exercise of any of its functions may be used by DBS in connection with the exercise of any of its other functions.

Payments in connection with maladministration

I27917
1 Sub-paragraph (2) applies if DBS considers—
a that action taken by or on behalf of DBS amounts to maladministration, and
b that a person has been adversely affected by the action.
2 DBS may, with the approval of the Secretary of State, make such payment (if any) to the person as it considers appropriate.
3 In sub-paragraph (1) “action” includes failure to act.

Incidental powers

I32318
1 In connection with the exercise of any of its functions DBS may—
a enter into contracts and other agreements (whether legally binding or not),
b acquire and dispose of property (including land),
c borrow money,
d do such other things as DBS considers necessary or expedient.
2 The power conferred by sub-paragraph (1)(b) includes accepting—
a gifts of money, and
b gifts or loans of other property,
on such terms as DBS considers appropriate.
3 But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the approval of the Secretary of State.
4 Such approval may be given—
a with respect to a particular case or with respect to a class of cases,
b subject to such conditions as the Secretary of State considers appropriate.

Documents

I8119A document purporting to be signed on behalf of DBS is to be received in evidence and, unless the contrary is proved, is to be taken to be so signed.

Transitional

I5220
1 The Secretary of State (instead of DBS) may—
a appoint the first chief executive, and
b decide the terms and conditions of service as an employee of DBS which are applicable to the first chief executive on appointment.
2 The period of any such appointment must not exceed 5 years (but the person may be re-appointed under paragraph 4).
3 The person who has the function of chairing DBS may be appointed as chief executive by the Secretary of State under this paragraph.

SCHEDULE 9 

Consequential amendments

Section 115(1)

Part 1  Destruction, retention and use of fingerprints etc.

House of Commons Disqualification Act 1975

I321In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Commissioner for the Retention and Use of Biometric Material ”.

Northern Ireland Assembly Disqualification Act 1975

I3332In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Commissioner for the Retention and Use of Biometric Material ”.

Police and Criminal Evidence Act 1984

I1183
1 The Police and Criminal Evidence Act 1984 is amended as follows.
2 In section 63 (non-intimate samples), in subsection (3A)(c)(i) (as amended by section 2 of the Crime and Security Act 2010), for “64ZA” substitute “ 63R ”.
3 Omit section 64 (as not substituted by section 14(1) of the Crime and Security Act 2010) (destruction of fingerprints and samples).

Crime and Security Act 2010

I3554
1 The Crime and Security Act 2010 is amended as follows.
2 Omit sections 14, 16 to 19 and 21 to 23 (retention, destruction and use of fingerprints and samples etc.).
3 In section 58 (extent) omit subsections (4) and (6) to (8).

Part 2  The Surveillance Camera Commissioner

House of Commons Disqualification Act 1975

I3765In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Surveillance Camera Commissioner ”.

Part 3  Safeguards for certain surveillance under RIPA

Regulation of Investigatory Powers Act 2000

I2426The Regulation of Investigatory Powers Act 2000 is amended as follows.
F487. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F488. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I949
1 Section 43 (general rules about grant, renewal and duration of authorisations relating to surveillance and human intelligence sources) is amended as follows.
2 After subsection (1) insert—
3 In subsection (9)(c) after “section” insert “ 32A or ”.
F49I4410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49I26811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I7312
1 Section 65 (the Tribunal) is amended as follows.
2 In subsection (7) after “but” insert “ , subject to subsection (7ZA), ”.
3 After subsection (7) insert—
I313In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and before “and”), insert—
.
I22814In section 71(2) (issue and revision of codes of practice) after “Commissioners” insert “ or the relevant judicial authority (within the meaning of section 23A or 32A) ”.
I13415After section 77 (Ministerial expenditure etc.) insert—
I30916In section 78 (orders, regulations and rules)—
a in subsection (1) after “the Secretary of State” insert “ or the Lord Chancellor ”,
b in subsection (3)(a)—
F44i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii after “30(7),” insert “ 32A(7), ”, and
c in subsection (5) after “the Secretary of State” insert “ or (as the case may be) the Lord Chancellor ”.
I33417After section 81(8) (general interpretation) insert—

Part 4  Vehicles left on land

Road Traffic Regulation Act 1984

I29418
1 Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles) is amended as follows.
2 In subsection (1)(b) for “, or from land in the open air,” substitute “ or other land ”.
3 In subsection (8), in the definition of “appropriate authority”, in paragraph (b), for “land in the open air” substitute “ other land ”.

Airports Act 1986

I26319
1 Section 66 of the Airports Act 1986 (functions of operators of designated airports as respects abandoned vehicles) is amended as follows.
2 In subsection (2)(a) for the words from “from roads if” to “abandoned” substitute “ illegally, obstructively or dangerously parked, or abandoned or broken down ”.
3 In subsection (3)—
a omit paragraph (b) (but not the word “or” at the end of the paragraph), and
b in paragraph (c), for “any of those sections” substitute “ that section ”.
4 In the heading, after “abandoned vehicles” insert “ etc. ”.

Private Security Industry Act 2001

I15220
1 The Private Security Industry Act 2001 is amended as follows.
2 In section 3(2) (conduct subject to a licence)—
a after paragraph (h) insert “ or ”, and
b omit paragraph (j) and the word “or” before it.
3 In section 4A(2) (licensable conduct)—
a omit paragraph (a),
b omit paragraph (b) and the word “or” at the end of the paragraph, and
c in paragraph (c), omit “other”.
4 Omit section 6 (offence of using unlicensed wheel-clampers).
5 Omit section 22A (charges for vehicle release: appeals).
6 In section 24(4) (orders and regulations) omit the words from “(except” to “or 22A)”.
7 In section 25(1) (interpretation) omit the definition of “motor vehicle”.
8 In Schedule 2 (activities liable to control) omit the following—
a paragraph 3,
b paragraph 3A,
c paragraph 9, and
d paragraph 9A.

Part 5  Counter-terrorism powers

Police and Criminal Evidence Act 1984

I18321After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of practice in relation to statutory search powers etc.) insert—

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

I15622In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice in relation to statutory search powers etc.)—
a the existing provisions become paragraph (1), and
b after that paragraph insert—

Terrorism Act 2000

I23423The Terrorism Act 2000 is amended as follows.
I2424In the italic cross-heading before section 40, after “Suspected terrorists” insert “ etc. ”.
I9525
1 Section 123 (orders and regulations) is amended as follows.
2 In subsection (4), after paragraph (aa), insert—
.
3 In subsection (5), after “paragraph (aa)” insert “ , (ab) ”.
I31926
1 Schedule 8 (detention) is amended as follows.
2 In paragraph 36, in sub-paragraph (1A), for the words from “is” to the end of the sub-paragraph substitute “ is a judicial authority ”.
3 In paragraph 36 omit—
a sub-paragraph (1B),
b in sub-paragraph (3AA), the words “or senior judge” in both places where they appear,
c in sub-paragraph (4), the words from “but” onwards,
d in sub-paragraph (5), the words “or senior judge”, and
e sub-paragraph (7).
4 In paragraph 37(2) omit “or senior judge”.

Regulation of Investigatory Powers Act 2000

I12327In paragraph 6(3) of Schedule 2 to the Regulation of Investigatory Powers Act 2000 (general requirements relating to the appropriate permission)—
a in paragraph (a)—
i for “section 44” substitute “ section 47A ”, and
ii after “(power to stop and search)” insert “ (including that section as it had effect by virtue of the Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631) ”,
b in paragraph (b)—
i at the beginning insert “ section 44 of the Terrorism Act 2000 or ”, and
ii for the words from “had” to “section 44 of the Terrorism Act 2000” substitute “ previously had effect for similar purposes ”, and
c after “mentioned in” insert “ paragraph 14(1) and (2) of Schedule 6B to that Act of 2000 (see the definition of “senior police officer”), ”.

Criminal Justice and Police Act 2001

I928In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), after paragraph 69 and the italic cross-heading relating to the Terrorism Act 2000, insert—
I429In Part 2 of that Schedule to that Act (powers of seizure to which section 51 of that Act applies) after paragraph 82 insert—
.

Police Reform Act 2002

F1930. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police (Northern Ireland) Act 2003

I31431In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (powers of stop and search for community support officers)—
a in sub-paragraph (1)—
i for “sections 44(1)(a) and (d) and (2)(b) and 45(2)” substitute “ section 47A(2)(a) and (d), (3)(b) and (6) ”,
ii in paragraph (d) for “any article” substitute “ anything which is ”, and
iii also in paragraph (d), for “section 44(1) or (2) of that Act” substitute “ section 47A(2) or (3) of that Act and which he reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b) of that Act ”, and
b in sub-paragraph (2) for “subsections (1) and (4) of section 45 of” substitute “ subsections (4) and (5) of section 47A of, and paragraphs 1 and 2 of Schedule 6B to, ”.

Terrorism Act 2006

I30632In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—
a in subsections (3) and (4) for “under this section” substitute “ under subsection (2) ”,
b in subsection (5) after “Parliament” insert “ as soon as the Secretary of State is satisfied that doing so will not prejudice any criminal proceedings ”,
c in subsection (6) for “to carry out a review under this section” substitute “ under subsection (1) ”, and
d after subsection (6) insert—

Counter-Terrorism Act 2008

I17233In section 1(1) of the Counter-Terrorism Act 2008 (power to remove documents for examination), after paragraph (b), insert—
.

Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)

I1134The Terrorism Act 2000 (Remedial) Order 2011 is revoked.

C40C6C22Part 6 Safeguarding of vulnerable groups

Police Act 1997

I4835The Police Act 1997 is amended as follows.
I24136In section 113A (criminal record certificates) omit subsection (10).
I12937In section 113B (enhanced criminal record certificates) omit subsection (13).
I14538In section 113BA(2) (suitability information relating to children) omit paragraphs (b) to (d).
I12739In section 113BB(2) (suitability information relating to vulnerable adults) omit paragraphs (b) to (d).
I15040
1 Section 119 (sources of information) is amended as follows.
2 In subsection (2) omit “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”.
3 In subsection (8)—
a omit paragraph (c), and
b in paragraph (d) for “that Act” substitute “ the Safeguarding Vulnerable Groups Act 2006 ”.
I22041In section 119B(5) (independent monitor) omit paragraphs (d) and (e).
I13742
1 Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.
2 In subsection (3A) omit paragraphs (b) and (c).
3 Omit subsections (3B) and (3C).
4 In subsection (3D)—
a for “subsections (3A) to (3C)” substitute “ subsection (3A) ”,
b for “those subsections” substitute “ that subsection ”, and
c omit the words from “, except” to the end of the subsection.

Safeguarding Vulnerable Groups Act 2006

I2943The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
I7844In section 4(1) (appeals)—
a omit paragraph (a),
b in paragraph (b)—
i after “paragraph” insert “ 2, ”,
ii after “5,” insert “ 8, ”, and
iii for “that Schedule” substitute “ Schedule 3 ”, and
c in paragraph (c) for “or 18” substitute “ , 18 or 18A ”.
I2145In section 5(4) (regulated activity)—
a omit “section 10(3);”, and
b omit “paragraph 4 of Schedule 6”.
I4646In section 6(8) (regulated activity providers)—
a in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or 8(1)(a), (d) or (e)” substitute “ paragraph 1(9) or 7(9) ”,
b omit paragraph (c), and
c in paragraph (d)—
i for “paragraph (a), (b) or (f) of section 59(10)” substitute “ paragraph 7(3E)(a) or (b) of Schedule 4 ”, and
ii for “mentioned in that paragraph” substitute “ exercisable by virtue of that position ”.
I30747In section 7(5) (barred person not to engage in regulated activity) omit paragraphs (b) and (c).
I34848Omit section 8 (person not to engage in regulated activity unless subject to monitoring).
I37949In section 9(5) (use of barred person for regulated activity) omit paragraphs (b) and (c).
I11550Omit section 10 (use of person not subject to monitoring for regulated activity).
I10551Omit section 11 and Schedule 5 (regulated activity provider: failure to check).
I9352Omit section 12 and Schedule 6 (personnel suppliers: failure to check).
I33853Omit section 13 (educational establishments: check on members of governing body).
I11154Omit section 14 (office holders: offences).
I18855Omit section 15 (sections 13 and 14: checks).
I30856Omit section 16 (exception to requirement to make monitoring check).
I28257Omit section 17 (NHS employment).
I34658
1 Section 18 (offences: companies etc.) is amended as follows.
2 In subsection (1)—
a omit “, 10, 11, 23, 27”, and
b omit “or Schedule 6”.
3 In subsection (2)—
a omit “, 10, 11, 23, 27”, and
b omit “or Schedule 6”.
I32659
1 Section 19 (offences: other persons) is amended as follows.
2 Omit subsection (1).
3 Omit subsections (3) and (4).
4 Omit subsections (6) and (7).
5 In subsection (8)—
a for “subsections (2)(b) and (3)(b)” substitute “ subsection (2)(b) ”, and
b omit paragraphs (b) and (c).
6 Omit subsection (9).
I8560In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).
I9861In section 35 (regulated activity providers: duty to refer)—
a in subsection (1), omit paragraph (b), and
b omit subsection (6).
I30562
1 Section 36 (personnel suppliers: duty to refer) is amended as follows.
2 In subsection (1) omit “or controlled activity”.
3 In subsection (3)(a) omit “or controlled”.
I6363
1 Section 37 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
2 In subsection (2)—
a omit paragraph (b), and
b in paragraph (d), omit “or controlled”.
3 In subsection (4) omit “or controlled”.
4 In subsection (5) omit “or controlled”.
I33564In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3 for “Either of” substitute “ Any of ”.
I2365
1 Section 50A (provision of information to the police) is amended as follows.
2 In subsection (2) for “power conferred by subsection (1) does” substitute “ powers conferred by this section do ”.
3 In subsection (3) for “subsection (1)” substitute “ this section ”.
4 In the heading to section 50A, and in the italic cross-heading before it, after “police” insert “ etc. ”.
I27266In section 51(5) (Crown application) omit paragraph (b).
I37767
1 Section 54 (devolution: alignment) is amended as follows.
2 In subsection (2) omit paragraph (a).
3 In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).
4 In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).
5 Omit subsection (5).
68
I1061 Section 56 (devolution: Wales) is amended as follows.
I1062 Omit subsection (1).
I1063 In subsection (2)—
a in paragraph (a) for “45(1), (5) or (9)” substitute “ 45(9) ”,
b omit paragraph (c), and
c in paragraphs (d) and (e), omit “or (8)”.
4 In subsection (3)—
I106a omit paragraphs (b) to (f),
b after paragraph (f) insert—
,
I106c omit paragraph (j),
I106d in paragraph (l) for “41(1), (5) or (8)” substitute “ 41(8) ”,
I106e omit paragraph (n),
I106f in paragraph (r) for “7(1)(f)” substitute “ 7(1)(f) or (g) ”, and
I106g omit paragraphs (s) and (t).
I20969In section 57(1)(c) (damages) omit “prescribed”.
I37170
1 Section 60 (interpretation) is amended as follows.
2 In subsection (1), in paragraph (b) of the definition of “personnel supplier”, omit “or controlled”.
3 Omit subsection (3).
I24671In section 61(3) (orders and regulations)—
a omit paragraphs (b) to (e),
b at the end of paragraph (h) insert “ or ”, and
c omit paragraph (j) and the word “or” before it.
I14872
1 Schedule 3 (barred lists) is amended as follows.
2 In paragraph 24, omit sub-paragraphs (8) and (9).
3 In paragraph 25(1) after “will” insert “ or (as the case may be) may ”.
I23373
1 Schedule 7 (vetting information) is amended as follows.
2 In paragraph 1—
a for “sections 30 and 32” substitute “ sections 30A and 30B ”, and
b omit entries 3, 4, 7, 8 and 17 in the table.
3 Omit paragraph 3(3).
4 In the heading to the Schedule for “VETTING INFORMATION” substitute “ BARRING INFORMATION ”.
I19574In Schedule 8 (transitional provisions) omit paragraph 5.

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

I36175The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.
I33276
1 Article 2 (interpretation) is amended as follows.
2 In the first paragraph (2)—
a omit the definition of “institution of further education”, and
b in the definition of “personnel supplier”, in sub-paragraph (b), omit “or controlled”.
3 Renumber the second paragraph (2) as paragraph (2A).
4 Omit paragraph (3).
I7277In Article 8(1) (appeals)—
a omit sub-paragraph (a),
b in sub-paragraph (b)—
i after “paragraph” insert “ 2, ”,
ii after “5,” insert “ 8, ”, and
iii for “that Schedule” substitute “ Schedule 1 ”, and
c in sub-paragraph (c) for “or 18” substitute “ , 18 or 18A ”.
I38078In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).
I20679In Article 10(8) (regulated activity providers)—
a omit sub-paragraphs (a) and (c), and
b in sub-paragraph (d)—
i for “sub-paragraph (a) or (c) of Article 3(10)” substitute “ paragraph 7(3E)(a) or (c) of Schedule 2 ”, and
ii for “mentioned in that paragraph” substitute “ exercisable by virtue of that position ”.
I20180In Article 11(5) (barred person not to engage in regulated activity) omit sub-paragraphs (b) and (c).
I27681Omit Article 12 (person not to engage in regulated activity unless subject to monitoring).
I26782In Article 13(5) (use of barred person for regulated activity) omit sub-paragraphs (b) and (c).
I26583Omit Article 14 (use of person not subject to monitoring for regulated activity).
I25884Omit Article 15 and Schedule 3 (regulated activity provider: failure to check).
I31085Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).
I34486Omit Article 17 (educational establishments: check on members of governing body).
I12587Omit Article 18 (office holders: offences).
I31688Omit Article 19 (Articles 17 and 18: checks).
I3189Omit Article 20 (exception to requirement to make monitoring check).
I36590Omit Article 21 (HSS employment).
I33191
1 Article 22 (offences: companies etc.) is amended as follows.
2 In paragraph (1)—
a omit “, 14, 15, 27, 31”, and
b omit “or Schedule 4”.
3 In paragraph (2)—
a omit “, 14, 15, 27, 31”, and
b omit “or Schedule 4”.
I2592
1 Article 23 (offences: other persons) is amended as follows.
2 Omit paragraph (1).
3 Omit paragraphs (3) and (4).
4 Omit paragraphs (6) and (7).
5 In paragraph (8)—
a for “paragraphs (2)(b) and (3)(b)” substitute “ paragraph (2)(b) ”, and
b omit sub-paragraphs (b) and (c).
6 Omit paragraph (9).
I11293In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).
I19294In Article 37 (regulated activity providers: duty to refer)—
a in paragraph (1), omit sub-paragraph (b), and
b omit paragraph (6).
I22495
1 Article 38 (personnel suppliers: duty to refer) is amended as follows.
2 In paragraph (1) omit “or controlled activity”.
3 In paragraph (3)(a) omit “or controlled”.
I31896
1 Article 39 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
2 In paragraph (2)—
a omit sub-paragraph (b), and
b in sub-paragraph (d), omit “or controlled”.
3 In paragraph (4) omit “or controlled”.
4 In paragraph (5) omit “or controlled”.
I34397
1 Article 52A (provision of information to the police) is amended as follows.
2 In paragraph (2) for “power conferred by paragraph (1) does” substitute “ powers conferred by this Article do ”.
3 In the heading to Article 52A, after “Police”, insert “ etc. ”.
I4298In Article 53(5) (Crown application), omit sub-paragraph (b).
I8799
1 Article 56 (alignment with rest of UK) is amended as follows.
2 In paragraph (2) omit sub-paragraph (a).
3 In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of it).
4 In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of it).
5 Omit paragraph (5).
I295100In Article 57(1)(c) (damages) omit “prescribed”.
I128101
1 Schedule 1 (barred lists) is amended as follows.
2 In paragraph 24, omit sub-paragraphs (8) and (9).
3 In paragraph 25(1) after “will” insert “or (as the case may be) “ may ”.
I357102
1 Schedule 5 (vetting information) is amended as follows.
2 In paragraph 1—
a for “Articles 32 and 34” substitute “ Articles 32A and 32B ”, and
b omit entries 3, 4, 7, 8 and 17 in the table.
3 Omit paragraph 3(3).
4 In the heading to the Schedule for “VETTING INFORMATION” substitute “ BARRING INFORMATION ”.
I330103In Schedule 6 (transitional provisions) omit paragraph 5.

C43C15C23Part 7 Criminal records

Police Act 1997

I367104The Police Act 1997 is amended as follows.
I329105In section 113BC(1) (suitability information: power to amend), after paragraph (b), insert
I77106In section 114(3) (application of other provisions of Part 5 to an application under that section), for “Section 113A(3) to (6)” substitute “ Sections 113A(3) to (6), 120AC and 120AD ”.
I257107In section 116(3) (application of other provisions of Part 5 to an application under that section), for “and 113BA to 113BC” substitute “ , 113BA to 113BC, 120AC and 120AD ”.
I124108
1 Section 117 (disputes about accuracy of certificates) is amended as follows.
2 In the title, for “accuracy of certificates” substitute “ certificates and up-date information ”.
3 After subsection (1A) insert—
4 In subsection (2)—
a after “inaccurate” insert “ , or that the wrong up-date information has been given, ”, and
b after “new certificate” insert “ or (as the case may be) corrected up-date information ”.
5 After subsection (2) insert—
109
I1761 Section 118 (evidence of identity) is amended as follows.
2 In subsection (1)—
I321a after “consider” insert “ an application as mentioned in section 116A(4)(a) or (5)(a) or ”, and
I176b after “117” insert “ , 117A ”.
I3213 After subsection (3) insert—
I1764 In subsection (4) after “117” insert “ or 117A ”.
110
I911 Section 119 (sources of information) is amended as follows.
I702 In subsection (1A), after paragraph (a) (but before the word “or” at the end of the paragraph) insert—
.
I913 In subsection (1B), for the words from “determining” to the end substitute “ deciding whether to make a request to that chief officer under section 113B(4) ”.
I704 After subsection (2) insert—
I705 In subsection (4), at the end of paragraph (a), after “registration;” insert—
.
I706 In subsection (8), at the end of paragraph (a), insert—
.
111
I2851 Section 119B (independent monitor) is amended as follows.
I2852 Omit subsection (5)(a).
I2853 In subsection (5)(c), omit the words from “or disclosed” to the end.
I3174 After subsection (5)(c) insert—
I2855 After subsection (8) insert—
I2856 In subsection (9) after “section” insert “ or section 117A ”.
I169112
1 Section 120 (registered persons) is amended as follows.
2 In subsection (2)—
a for the words from the beginning to “the”, where it first occurs, substitute “ The ”,
b after paragraph (a) insert “ and ”, and
c omit paragraph (c) and the word “and” before it.
3 After that subsection insert—
I297113After section 122(1) (code of practice) insert—
114Omit section 122(3A)(a) (power of Secretary of State to refuse to issue certificate where failure to comply with code of practice by, or in connection with, registered person).
I352115
1 Section 124 (offences: disclosure) is amended as follows.
2 In subsection (4)—
a in paragraph (b), omit “(5) or”, and
b for “subsections (5) and (6)” substitute “ subsection (6) ”.
3 Omit subsection (5).
116
I3531 Section 124A (offences relating to disclosure of information obtained in connection with delegated function) is amended as follows.
2 In subsection (1)(c) omit “or registered person”.
I3533 After subsection (6) insert—
I59117After section 125B(2) (form of applications) insert—
I131I372118In section 126(1) (interpretation of Part 5), in the definition of “certificate”, after “application” insert “but does not include any documents issued in response to—
a a request under section 116A(1),
b an application as mentioned in section 116A(4)(a) or (5)(a), or
c a request under section 120AC or 120AD.”

Gambling Act 2005

119In section 73(3) of the Gambling Act 2005 (procedure on consideration of application for licence)—
I101a for “section 115” substitute “ section 113B ”, and
I96b at the end (and on a new line below paragraph (b)) insert “ or the production of up-date information (within the meaning given by section 116A of that Act) in relation to such a certificate, ”.

National Health Service Act 2006

I86120The National Health Service Act 2006 is amended as follows.
I102121In section 129(6) (regulations as to pharmaceutical services), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.
I351122In section 132(4) (persons authorised to provide pharmaceutical services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.
I240123In section 147A(3) (performers of pharmaceutical services and assistants), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

National Health Service (Wales) Act 2006

I215124The National Health Service (Wales) Act 2006 is amended as follows.
I298125In section 72(3) (regulations as to general ophthalmic services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.
I126126In section 83(6) (regulations as to pharmaceutical services), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.
I250127In section 86(4) (persons authorised to provide pharmaceutical services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.
I283128In section 105(3) (supplementary lists), in paragraph (g), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Safeguarding Vulnerable Groups Act 2006

I27C49C50C53129
1 Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists: information) is amended as follows.
2 In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute “ relevant chief officer ”.
3 In sub-paragraph (3) after “which the” insert “ relevant ”.
4 In sub-paragraph (5) for “chief officer of the relevant police force” substitute “ relevant chief officer ”.
5 In sub-paragraph (7) for the definition of “relevant police force” substitute—
.
6 After sub-paragraph (7) insert—
7 In sub-paragraph (8) for “which police forces are relevant police forces” substitute “ who is the relevant chief officer ”.

Part 8  The Disclosure and Barring Service

Parliamentary Commissioner Act 1967

I273130In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) insert at the appropriate place— “ Disclosure and Barring Service. ”

House of Commons Disqualification Act 1975

I16131
1 Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) is amended as follows.
2 In Part 2 (bodies of which all members are disqualified) insert at the appropriate place— “ The Disclosure and Barring Service. ”
3 In Part 3 (other disqualifying offices) insert at the appropriate place— “ Member of the staff of the Disclosure and Barring Service. ”

Northern Ireland Assembly Disqualification Act 1975

I312132
1 Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) is amended as follows.
2 In Part 2 (bodies of which all members are disqualified) insert at the appropriate place— “ The Disclosure and Barring Service. ”
3 In Part 3 (other disqualifying offices) insert at the appropriate place— “ Member of the staff of the Disclosure and Barring Service. ”

Freedom of Information Act 2000

I149133In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) insert at the appropriate place— “ The Disclosure and Barring Service. ”

Part 9  Disregarding certain convictions for buggery etc.

Rehabilitation of Offenders Act 1974

I144134
1 Section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) is amended as follows.
2 In subsection (1) for “subsection (2)” substitute “ subsections (2), (5) and (6) ”.
3 After subsection (4) insert—

Police Act 1997

I167135In section 113A(6) of the Police Act 1997 (criminal record certificates), in paragraph (b) of the definition of “relevant matter”, after “that Act” insert “ but excluding a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 ”.

Part 10  Trafficking people for exploitation

Children and Young Persons Act 1933

F51I138136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police and Criminal Evidence Act 1984

I41137In section 65A of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of “qualifying offence”), in subsection (2)(p), for “59” substitute “ 59A ”.

Proceeds of Crime Act 2002

F47I160138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003

I324139In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified sexual offences), after paragraph 143, insert—

Sexual Offences Act 2003

I293140
1 The Sexual Offences Act 2003 is amended as follows.
F162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In Schedule 5 (relevant offences for the purposes of notification and orders), in paragraph 63, for “59” substitute “ 59A ”.

Asylum and Immigration (Treatment of Claimants, etc) Act 2004

F53I110141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Serious Crime Act 2007

I384142In Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales), in paragraph 2(2), for “59” substitute “ 59A ”.

Part 11  Stalking

Protection from Harassment Act 1997

I251143
1 The Protection from Harassment Act 1997 is amended as follows.
2 In section 1(2) (circumstances in which a person ought to know that a course of conduct amounts to harassment) after “this section” insert “ or section 2A(2)(c) ”.
3 In section 4 (putting people in fear of violence)—
a in subsection (5) after “section 2” insert “ or 2A ”, and
b in subsection (6) after “section 2” insert “ or 2A ”.

Crime and Disorder Act 1998

I174144
1 Section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc.) is amended as follows.
2 In subsection (1)—
a in paragraph (a)—
i after “section 2” insert “ or 2A ”, and
ii for “offence of harassment” substitute “ offences of harassment and stalking ”, and
b in paragraph (b)—
i after “section 4” insert “ or 4A ”, and
ii after “violence” insert “ and stalking involving fear of violence or serious alarm or distress ”.
3 In subsection (5) for “the basic offence” substitute “ either basic offence ”.

Criminal Justice and Police Act 2001

I214145In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), after paragraph 63, insert—

Sexual Offences Act 2003

I89146In Schedule 5 to the Sexual Offences Act 2003 (relevant offences for the purposes of notification and orders)—
a in paragraph 56A—
i after “section 2” insert “ or 2A ”, and
ii for “offence of harassment” substitute “ offences of harassment and stalking ”, and
b in paragraph 57—
i after “section 4” insert “ or 4A ”, and
ii after “violence” insert “ and stalking involving fear of violence or serious alarm or distress ”.

Criminal Justice Act 2003

I264147In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified violent offences), in paragraph 57—
a after “section 4” insert “ or 4A ”, and
b after “violence” insert “ and stalking involving fear of violence or serious alarm or distress ”.

Part 12  Repeal of provisions for conducting certain fraud cases without jury

Criminal Justice Act 2003

148
1 The Criminal Justice Act 2003 is amended as follows.
2 In section 45 (procedure for applications for cases to be conducted without a jury)—
a in the heading, for “sections 43 and” substitute “ section ”,
b in subsection (1), omit paragraph (a) and the word “and” at the end of the paragraph, and
c in subsections (5) and (9), omit the words “43 or”.
3 In section 46(7) (discharge of jury because of jury tampering) omit “43 or”.
4 In section 48(1) (further provision about trials without a jury) omit “43,”.
5 Omit section 330(5)(b) (procedure for order bringing section 43 into force).

SCHEDULE 10 

Repeals and revocations

Section 115(2)

I197 Part 1  Destruction, retention and use of fingerprints etc.

Short titleExtent of repeal
Police and Criminal Evidence Act 1984Section 64.
Criminal Justice Act 1988Section 148.
Criminal Justice and Public Order Act 1994Section 57.
Police Act 1996In Part 2 of Schedule 7, paragraph 37.
Terrorism Act 2000

In Schedule 8—
  1. paragraph 14,
  2. in paragraph 20, in sub-paragraph (3), the words from “but” to the end of the sub-paragraph, and
  3. paragraph 20(4)

Criminal Justice and Police Act 2001Section 82.
Section 84.
Serious Organised Crime and Police Act 2005Section 117(6) to (10).
Section 118(4).
Counter-Terrorism Act 2008Section 14(4) to (6).
Section 16.
Section 17.
Crime and Security Act 2010Section 14.
Sections 16 to 19.
Sections 21 to 23.
Section 58(4) and (6) to (8).

I182 Part 2  Powers of entry

  1. The repeals and revocations in the following provisions extend to England and Wales only—
    1. the Hypnotism Act 1952,
    2. the Dairy Herd Conversion Premium Regulations 1973,
    3. the Public Health (Control of Disease) Act 1984,
    4. the Milk (Cessation of Production) Act 1985,
    5. the Landlord and Tenant Act 1985,
    6. the Cereals Co-responsibility Levy Regulations 1988,
    7. the Oilseeds Producers (Support System) Regulations 1992, and
    8. the Health and Social Care Act 2008.
  2. The revocations in the Cross-border Railway Services (Working Time) Regulations 2008 extend to England and Wales and Scotland only.
  3. The repeals and revocations in the following provisions extend to England and Wales, Scotland and Northern Ireland—
    1. the Distribution of German Enemy Property (No 1) Order 1950,
    2. the Merchant Shipping Act 1995,
    3. the Gas Appliances (Safety) Regulations 1995,
    4. the Older Cattle (Disposal) (England) Regulations 2005,
    5. the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006, and
    6. the Payment Services Regulations 2009.
  4. The repeal of section 258(4) of the Merchant Shipping Act 1995 is subject to paragraph 2(2) of Schedule 2 to this Act.
Short title Extent of repeal or revocation
Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642)Article 22.
Hypnotism Act 1952Section 4.
Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642)In regulation 2(1), the definition of “authorised officer”.
Regulation 5.
Regulation 7(b) and the word “or” before it.
Public Health (Control of Disease) Act 1984Section 50.
Milk (Cessation of Production) Act 1985Section 2(1).
Section 3(1)(b) and the word “or” before it.
Landlord and Tenant Act 1985Section 8(2).
Cereals Co-responsibility Levy Regulations 1988 (S.I. 1988/1001)Regulation 8.
In regulation 9, the words “or 8”.
Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695)In regulation 2(1), the definitions of “authorised officer”, “oilseeds” and “specified control measure”.
Regulations 5, 6, 9 and 10.
Merchant Shipping Act 1995Section 258(4).
Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629)Regulation 24(6).
Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522)Regulation 5.
Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (S.I. 2006/2821)Regulation 6.
Health and Social Care Act 2008In Schedule 11, paragraph 9.
Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660)In Schedule 2, paragraph 2(2)(a), (b) and (c).
Payment Services Regulations 2009 (S.I. 2009/209)Regulation 83.

I313 Part 3  Vehicles left on land

Short title Extent of repeal or revocation
Airports Act 1986In section 66(3), paragraph (b) (but not the word “or” at the end of the paragraph).
Private Security Industry Act 2001In section 3(2), paragraph (j) and the word “or” before the paragraph.

In section 4A(2)—
  1. paragraph (a),
  2. paragraph (b) and the word “or” at the end of the paragraph, and
  3. in paragraph (c), the word “other”.

Section 6.
Section 22A.
In section 24(4), the words from “(except” to “or 22A)”.
In section 25(1), the definition of “motor vehicle”.
In Schedule 2, paragraphs 3, 3A, 9 and 9A (and the italic cross-headings before them).
Serious Organised Crime and Police Act 2005In Schedule 15, paragraph 14(a).
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224)The whole instrument.
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831)Articles 3 and 4.
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201)Articles 3 and 4.
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043)Articles 3 and 4.
Crime and Security Act 2010Section 42(3).
Section 44.
In Schedule 1, paragraphs 3(5) and 7.

I382 Part 4  Counter-terrorism powers

Short titleExtent of repeal or revocation
Terrorism Act 2000Section 43(3).
Sections 44 to 47 (including the italic cross-heading before section 44).

In Schedule 8—
  1. paragraph 36(1B),
  2. in paragraph 36(3AA), the words “or senior judge” in both places where they appear,
  3. in paragraph 36(4), the words from “but” onwards,
  4. in paragraph 36(5), the words “or senior judge”,
  5. paragraph 36(7), and
  6. in paragraph 37(2), the words “or senior judge”.

Anti-terrorism, Crime and Security Act 2001In Schedule 7, paragraph 31.
Railways and Transport Safety Act 2003In Schedule 5, in paragraph 4(2)(k), the word “44,”.
Energy Act 2004Section 57.
The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573)In article 12(6), sub-paragraph (c) (but not the word “and” at the end of the sub-paragraph).
Terrorism Act 2006Section 23(8) to (10).
Section 25.
Section 30.
Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)The whole instrument.

C39I173C14C11C47C48C52Part 5 Safeguarding of vulnerable groups

Short titleExtent of repeal or revocation
Police Act 1997Section 113A(10).
Section 113B(13).
Section 113BA(2)(b) to (d).
Section 113BB(2)(b) to (d).

In section 119—
  1. in subsection (2), the words “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”, and
  2. subsection (8)(c).

Section 119B(5)(d) and (e).

In section 120A—
  1. subsection (3A)(b) and (c),
  2. subsections (3B) and (3C), and
  3. in subsection (3D), the words from “, except” to the end of the subsection.

Safeguarding Vulnerable Groups Act 2006Section 4(1)(a).

In section 5(4)—
  1. the words “section 10(3);”, and
  2. the words “paragraph 4 of Schedule 6”.

Section 6(8)(c).
Section 7(5)(b) and (c).
Section 8.
Section 9(5)(b) and (c).
Sections 10 to 17.

In section 18(1) and (2)—
  1. the words “, 10, 11, 23, 27”, and
  2. the words “or Schedule 6”.

In section 19—
  1. subsections (1), (3), (4), (6) and (7),
  2. subsection (8)(b) and (c), and
  3. subsection (9).

Section 20(2) to (7).
Sections 21 to 27.

In section 35—
  1. subsection (1)(b), and
  2. subsection (6).

In section 36—
  1. in subsection (1), the words “or controlled activity”, and
  2. in subsection (3)(a), the words “or controlled”.

In section 37—
  1. subsection (2)(b),
  2. in subsection (2)(d), the words “or controlled”,
  3. in subsections (4) and (5), the words “or controlled”.

In section 39—
  1. in subsections (1) and (5), the word “prescribed”, and
  2. in subsection (4)(a), the words “or controlled activity”.

In section 41—
  1. in subsections (1) and (5), the word “prescribed”, and
  2. in subsection (4)(a), the words “or controlled activity”.

In section 43(6)(a), the words “of entry 1 or 8”.
Section 44.

In section 45—
  1. in subsections (1) and (5), the word “prescribed”,
  2. in subsection (4)(a), the words “or controlled activity”, and
  3. subsection (6).

In section 47—
  1. subsection (2)(b) to (e),
  2. subsection (3)(b) to (e), and
  3. subsection (5).

In section 48(1)—
  1. in paragraph (a), the word “newly”, and
  2. paragraph (c) and the word “or” before it.

In section 49(1)—
  1. in paragraph (a), the word “newly”, and
  2. paragraph (c) and the word “or” before it.

Section 51(5)(b).

In section 54—
  1. subsection (2)(a),
  2. in subsection (3), paragraph (b) (but not the word “or” at the end of it),
  3. in subsection (4), paragraph (b) (but not the word “or” at the end of it), and
  4. subsection (5).

In section 56—
  1. subsection (1),
  2. subsection (2)(c),
  3. in subsection (2)(d) and (e), the words “or (8)”, and
  4. subsection (3)(b) to (f), (j), (n), (s) and (t).

In section 57(1)(c), the word “prescribed”.
Section 59.

In section 60—
  1. in subsection (1), in paragraph (b) of the definition of “personnel supplier”, the words “or controlled”, and
  2. subsection (3).

In section 61(3)—
  1. paragraphs (b) to (e), and
  2. paragraph (j) and the word “or” before it.

In Schedule 3—
  1. paragraph 19(1)(d),
  2. in paragraph 19(6) the words from “which” to “it is” and the words “or paragraph 20(2)”, and
  3. paragraph 24(8) and (9).

In Schedule 4—
  1. paragraph 1(8),
  2. paragraph 1(9B)(a),
  3. in paragraph 1(9B)(f), the words “18B or”,
  4. in paragraph 1(9B)(m), the words “48 or”,
  5. paragraph 1(9B)(p) to (t),
  6. paragraph 1(10)(a), (ba), (d) and (e),
  7. paragraph 1(12A),
  8. paragraph 1(13A),
  9. paragraph 2(1)(d) and (2)(d),
  10. paragraph 3(1)(c),
  11. paragraph 4 (including the italic cross-heading before it),
  12. paragraph 7(4),
  13. in paragraph 7(5), the words “or (4)”,
  14. in paragraph 7(7)(f), the words “English local authority social services or”,
  15. paragraph 7(8A),
  16. paragraph 8, and
  17. in paragraph 10(2), the words “or 7(1)(a), (b), (c), (d) or (g)” and, in paragraph (b), the words “or vulnerable adults (as the case may be)”.

Schedules 5 and 6.

In Schedule 7—
  1. in paragraph 1, entries 3, 4, 7, 8, 17 and 19 in the table,
  2. in paragraph 3(1), paragraph (b) and the word “or” before it, and
  3. paragraph 3(3).

In Schedule 8, paragraph 5 (including the italic cross-heading before it).
In Schedule 9, paragraph 14(7)(c).
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11))

In Article 2—
  1. in the first paragraph (2), the definition of “institution of further education” and, in sub-paragraph (b) of the definition of “personnel supplier”, the words “or controlled”, and
  2. paragraph (3).

Article 3.
Article 8(1)(a).
Article 9(4)(c) and (e).
Article 10(8)(a) and (c).
Article 11(5)(b) and (c).
Article 12.
Article 13(5)(b) and (c).
Articles 14 to 21.

In Article 22(1) and (2)—
  1. the words “, 14, 15, 27, 31” and
  2. the words “or Schedule 4”.

Article 23—
  1. paragraphs (1), (3), (4), (6) and (7),
  2. paragraph (8)(b) and (c), and
  3. paragraph (9).

Article 24(2) to (7).
Articles 25 to 27 (and the italic cross-heading before them).
Articles 28 to 31 (and the italic cross-heading before them).

In Article 37—
  1. paragraph (1)(b), and
  2. paragraph (6).

In Article 38—
  1. in paragraph (1), the words “or controlled activity”, and
  2. in paragraph (3)(a), the words “or controlled”.

In Article 39—
  1. paragraph (2)(b),
  2. in paragraph (2)(d), the words “or controlled”, and
  3. in paragraphs (4) and (5), the words “or controlled”.

In Article 41—
  1. in paragraphs (1) and (5), the word “prescribed”, and
  2. in paragraph (4)(a), the words “or controlled activity”.

In Article 43—
  1. in paragraphs (1) and (5), the word “prescribed”,
  2. in paragraph (4)(a), the words “or controlled activity”, and
  3. paragraphs (4A) to (4C).

Article 46.

In Article 47—
  1. in paragraphs (1) and (5), the word “prescribed”,
  2. in paragraph (4)(a), the words “or controlled activity”, and
  3. paragraph (6).

In Article 49—
  1. paragraph (2)(b) to (e),
  2. paragraph (3)(b) to (e), and
  3. paragraph (5).

In Article 50(1)—
  1. in sub-paragraph (a), the word “newly”, and
  2. sub-paragraph (c) and the word “or” before it.

In Article 51(1)—
  1. in sub-paragraph (a), the word “newly”, and
  2. sub-paragraph (c) and the word “or” before it.

Article 53(5)(b).

In Article 56—
  1. paragraph (2)(a),
  2. in paragraph (3), sub-paragraph (b) (but not the word “or” at the end of it),
  3. in paragraph (4), sub-paragraph (b) (but not the word “or” at the end of it), and
  4. paragraph (5).

In Article 57(1)(c), the word “prescribed”.

In Schedule 1—
  1. paragraph 19(1)(d),
  2. in paragraph 19(6), the words from “which” to “it is” and the words “or paragraph 20(2)”, and
  3. paragraph 24(8) and (9).

In Schedule 2—
  1. paragraph 1(7),
  2. paragraph 2(1)(d) and (2)(d),
  3. paragraph 4,
  4. paragraph 7(4),
  5. in paragraph 7(5), the word “, (4)”,
  6. paragraph 7(9),
  7. paragraph 8, and
  8. in paragraph 10(2), the words “or 7(1)(a), (b), (c), (d) or (g)” and, in paragraph (b), the words “or vulnerable adults (as the case may be)”.

Schedules 3 and 4.

In Schedule 5—
  1. in paragraph 1, entries 3, 4, 7, 8, 17 and 19 in the table,
  2. in paragraph 3(1), paragraph (b) and the word “or” before it, and
  3. paragraph 3(3).

In Schedule 6, paragraph 5 (including the italic cross-heading before it).
Health and Social Care Act 2008In Schedule 5, paragraphs 92 and 93.
Education and Skills Act 2008Section 147(8).
In Schedule 1, paragraphs 41(3) and 89 (including the italic cross-heading before paragraph 89).
The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912)In Schedule 1, paragraph 21.
Health Act 2009In Schedule 1, paragraphs 14 and 15.
Apprenticeships, Skills, Children and Learning Act 2009In Schedule 12, paragraph 43.
Policing and Crime Act 2009

In section 81(3)(m)—
  1. in sub-paragraph (i), the words “, 6, 15, 25”,
  2. sub-paragraph (v), and
  3. sub-paragraph (vi) (but not the word “and” at the end of it).

Sections 82 to 87.
Sections 89, 90 and 92.
In Part 8 of Schedule 8, the entry relating to the Safeguarding Vulnerable Groups Act 2006.
The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203)Articles 12 to 15.
The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182)Article 1(6)(e).
In Schedule 5, paragraph 9 (and the heading before it) and Part 3.
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610)Article 26.
Part 8.
Articles 28, 29 and 30(a).
The Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 304/2009)Articles 10, 24 and 25.
The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 305/2009)Article 7(4).
The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813)Article 19(3), (4) and (5).
Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146).Regulation 4(2).
Regulation 8.
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154)Article 3(5) and (6).
Article 5.
Article 7(4).
Articles 8 and 11.
The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158)In Schedule 2, paragraph 62 (and the heading before it).
Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 30/2010)Articles 6, 9, 11, 14, 16, 17, 18, 19, 20 and 21.
Article 22(a) and the word “and” at the end of it.
Article 24.

C44I225C25C17I301Part 6 Criminal records

Short titleExtent of repeal
Police Act 1997Section 113A(4).

In section 113B—
  1. in subsection (4), the words “, in the chief officer's opinion”,
  2. subsections (5) and (6), and
  3. in subsection (9), the definition of “relevant police force”.

In section 119B—
  1. subsection (5)(a), and
  2. in subsection (5)(c), the words from “or disclosed” to the end.

In section 120(2), paragraph (c) and the word “and” before it.
Section 122(3A)(a).

In section 124—
  1. in subsection (4)(b), the words “(5) or”, and
  2. subsection (5).

In section 124A(1)(c), the words “or registered person”.
Safeguarding Vulnerable Groups Act 2006In Schedule 9, paragraph 14(5) and (6).
Policing and Crime Act 2009Section 93.

I130 Part 7  Freedom of information

Short title Extent of repeal
Freedom of Information Act 2000In section 6(1), at the end of paragraph (a), the word “or”.
Section 80A.
Constitutional Reform and Governance Act 2010In Schedule 7, paragraph 6.

I121 Part 8  The Information Commissioner

Short title Extent of repeal or revocation
Data Protection Act 1998In section 51(8), the words “with the consent of the Secretary of State”.

In Schedule 5—
  1. paragraph 2(4) and (5), and
  2. paragraph 4(5).

Freedom of Information Act 2000Section 18(5) to (7).
In section 47(4), the words “with the consent of the Secretary of State”.
The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887)In Schedule 2, in paragraph 12(1)(a), the word “, 47”.

I55 Part 9  Trafficking people for exploitation

Short titleExtent of repeal
Sexual Offences Act 2003Section 60(2).
Asylum and Immigration (Treatment of Claimants, etc) Act 2004In section 4(4)(b), the words “under the Human Organ Transplants Act 1989 (c. 31) or”.

In section 5—
  1. subsection (1),
  2. in subsection (11), the words “In so far as section 4 extends to England and Wales,”, and
  3. subsections (12) and (13).

UK Borders Act 2007Section 31.

Part 10  Repeal of provisions for conducting certain fraud cases without jury

Short title Extent of repeal
Criminal Justice Act 1987In section 9(11), the words “43 or” (so far as inserted into that section).
Criminal Procedure and Investigations Act 1996In section 35(1), the words “43 or” (so far as inserted into that section).
Criminal Justice Act 2003Section 43.

In section 45—
  1. in subsection (1), paragraph (a) and the word “and” at the end of the paragraph, and
  2. in subsections (5) and (9), the words “43 or”.

In section 46(7), the words “43 or”.
In section 48(1), the word “43,”.
Section 330(5)(b).

Part 11  Removal of restrictions on times for marriage or civil partnership

Short titleExtent of repeal
Marriage Act 1949Section 4.
Section 75(1)(a).
Civil Partnership Act 2004In section 17(2), the words “between 8 o'clock in the morning and 6 o'clock in the evening”.
Section 31(2)(ab).

Footnotes

  1. I1
    S. 39 partly in force; s. 39(2) in force for specified purposes at 1.7.2012 see s. 120(4)(a)
  2. I2
    S. 115 partly in force; s. 115(3)-(7) wholly in force at Royal Assent, s. 115(1)(2) in force at Royal Assent for certain purposes and s. 115(2) in force at 1.7.2012 for certain further purposes see s. 120(1)(4)(b)(5)(b)(c)
  3. F1
    S. 92(6) inserted (31.1.2017 for specified purposes, 28.6.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 168(4), 183(4)(5)(e); S.R. 2018/128, art. 2(a)
  4. I3
    Sch. 9 para. 13 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  5. I4
    Sch. 9 para. 29 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  6. I5
    Sch. 8 para. 2 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  7. F2
    Words in s. 29(7) omitted (1.9.2017) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 97(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
  8. I6
    S. 93 in force at 1.10.2012 by S.I. 2012/2234, art. 3(d)
  9. C1
    S. 79 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(a), Sch. 1 (with art. 5)
  10. I7
    S. 60 in force at 10.7.2012 by S.I. 2012/1205, art. 4(d)
  11. I8
    S. 25 in force at 31.10.2013 by S.I. 2013/1814, art. 2(g) (with transitional provisions and savings in S.I. 2013/1813)
  12. I9
    Sch. 9 para. 28 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  13. I10
    Sch. 8 para. 4 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  14. I11
    Sch. 9 para. 34 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  15. I12
    S. 115(1) in force at 10.7.2012 for specified purposes by S.I. 2012/1205, art. 4(i)
  16. I13
    S. 70 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(g)
  17. I14
    Sch. 4 para. 7 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  18. F3
    Words in s. 94(2) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(b)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  19. F4
    S. 101(4) omitted (13.6.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  20. I15
    S. 79(3) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(r)
  21. F5
    S. 101(6A)-(6D) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(e), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  22. I16
    Sch. 9 para. 131 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)
  23. I17
    S. 51 in force at 1.7.2012 by S.I. 2012/1205, art. 3(u)
  24. I18
    S. 84 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(v)
  25. I19
    S. 29 in force at 1.7.2012 by S.I. 2012/1205, art. 3(a)
  26. C2
    S. 87 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), arts. 1(2)(3), 4(1)(2)(f), Sch. 1 (with art. 5)
  27. I20
    Sch. 8 para. 12 in force at 1.12.2012 by S.I. 2012/2521, art. 3(b)
  28. I21
    Sch. 9 para. 45 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  29. I22
    S. 1 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  30. I23
    Sch. 9 para. 65 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  31. I24
    Sch. 9 para. 24 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  32. I25
    Sch. 9 para. 92 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  33. I26
    Sch. 5 in force at 10.7.2012 by S.I. 2012/1205, art. 4(g)
  34. I27
    Sch. 9 para. 129 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(xiv)
  35. C3
    Pt. 5 Ch. 4: power to amend conferred (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 166, 183(1)(5)(e) (with s. 167)
  36. I28
    Sch. 8 para. 5 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  37. I29
    Sch. 9 para. 43 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  38. I30
    Sch. 7 para. 14 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(vii)
  39. I31
    Sch. 9 para. 89 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  40. I32
    Sch. 9 para. 1 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)
  41. I33
    S. 115(2) in force at 16.3.2015 for specified purposes by S.I. 2015/587, art. 2(b)
  42. I34
    S. 71 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(h)
  43. F6
    Words in s. 28(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 287(b)(i)
  44. I35
    Sch. 4 para. 16 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  45. I36
    S. 5 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  46. I37
    Sch. 7 para. 6 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i)
  47. I38
    S. 52 in force at 1.7.2012 by S.I. 2012/1205, art. 3(v)
  48. I39
    S. 102 in force at 31.7.2013 for specified purposes by S.I. 2013/1906, art. 2
  49. I40
    S. 75(3) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(k)
  50. I41
    Sch. 9 para. 137 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)
  51. I42
    Sch. 9 para. 98 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  52. I43
    S. 32 in force at 1.7.2012 by S.I. 2012/1205, art. 3(d)
  53. I44
    Sch. 9 para. 10 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  54. I45
    S. 85 in force at 1.7.2012 by S.I. 2012/1205, art. 3(w)
  55. I46
    Sch. 9 para. 46 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  56. I47
    S. 9 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  57. I48
    Sch. 9 para. 35 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  58. I49
    S. 99 in force at 1.10.2012 by S.I. 2012/2234, art. 3(j)
  59. I50
    S. 78 in force at 10.8.2012 for specified purposes by S.I. 2012/2075, art. 2(a)
  60. I51
    S. 115(2) in force at 1.7.2012 for specified purposes by S.I. 2012/1205, art. 3(z)
  61. I52
    Sch. 8 para. 20 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  62. I53
    S. 48 in force at 1.7.2012 by S.I. 2012/1205, art. 3(r)
  63. I54
    S. 4 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  64. I55
    Sch. 10 Pt. 9 in force at 6.4.2013 by S.I. 2013/470, art. 2(f) (with arts. 3(a), 4-8)
  65. I56
    S. 115(1) in force at 1.10.2012 for specified purposes by S.I. 2012/2075, art. 3(d)
  66. I57
    S. 72(4)-(6) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(i)
  67. I58
    Sch. 7 para. 8 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i)
  68. F7
    Words in s. 92(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(3), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  69. I59
    Sch. 9 para. 117 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(xii)
  70. F8
    Word in s. 92(3)(a) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  71. I60
    S. 61 in force at 10.7.2012 by S.I. 2012/1205, art. 4(e)
  72. I61
    S. 14 in force at 31.10.2013 for specified purposes by S.I. 2013/1814, art. 2(c) (with transitional provisions and savings in S.I. 2013/1813)
  73. I62
    Sch. 4 para. 13 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  74. I63
    Sch. 9 para. 63 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  75. F9
    Words in s. 94(2) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(b)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  76. I64
    Sch. 1 para. 5 in force at 31.10.2013 by S.I. 2013/1814, art. 2(k) (with transitional provisions and savings in S.I. 2013/1813 (as amended (30.10.2016) by S.I. 2016/682, arts. 1, 3, 4))
  77. I65
    S. 115(1) in force at 15.10.2012 for specified purposes by S.I. 2012/2521, art. 2(c)
  78. I66
    Sch. 4 para. 12 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  79. F10
    Sch. 9 para. 140(3) omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 9(3); S.I. 2015/1476, reg. 2(j) (with regs. 3 8)
  80. I67
    S. 24 in force at 31.10.2013 by S.I. 2013/1814, art. 2(g) (with transitional provisions and savings in S.I. 2013/1813)
  81. I68
    S. 115(1) in force at 1.10.2012 for specified purposes by S.I. 2012/2234, art. 3(n)
  82. I69
    Sch. 8 para. 7 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  83. I70
    Sch. 9 para. 110(2)(4)-(6) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)
  84. I71
    Sch. 7 para. 14(4) in force at 10.8.2012 for specified purposes by S.I. 2012/2075, art. 2(b)
  85. F11
    Words in s. 94(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  86. F12
    Words in s. 101(5) substituted for s. 101(5)(a)(b) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(c), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  87. C4
    Ss. 101J(2)-(5) applied (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 169(5)(b), 183(4)(5)(e) (with s. 172); S.R. 2018/128, art. 2(b)
  88. I72
    Sch. 9 para. 77 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  89. I73
    Sch. 9 para. 12 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  90. I74
    S. 27 in force at 1.9.2013 for E. by S.I. 2013/2104, art. 2(b)
  91. I75
    S. 100 in force at 1.10.2012 by S.I. 2012/2234, art. 3(k)
  92. I76
    Sch. 4 para. 2 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  93. F13
    Words in s. 95(5) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 185; S.I. 2013/1682, art. 3(v)
  94. I77
    Sch. 9 para. 106 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)
  95. I78
    Sch. 9 para. 44 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  96. C5
    S. 92: power to amend conferred (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 166, 183(1)(5)(e) (with s. 167)
  97. I79
    S. 26 in force at 1.9.2013 for specified purposes for W. by S.I. 2013/1566, art. 2
  98. I80
    S. 115(2) in force at 10.7.2012 for specified purposes by S.I. 2012/1205, art. 4(j)
  99. I81
    Sch. 8 para. 19 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  100. I82
    S. 68 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(e)
  101. I83
    S. 87(3) in force for specified purposes at 15.10.2012 by S.I. 2012/2521, art. 2(b)
  102. I84
    S. 3 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  103. I85
    Sch. 9 para. 60 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  104. F14
    S. 101(3) omitted (13.6.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  105. C6
    Sch. 9 Pt. 6 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), arts. 1(2)(3), 4(1)(3), Sch. 2 (with art. 5)
  106. C7
    S. 88 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(g), Sch. 1
  107. I86
    Sch. 9 para. 120 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  108. I87
    Sch. 9 para. 99 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  109. I88
    Sch. 6 para. 3 in force at 10.7.2012 by S.I. 2012/1205, art. 4(h)
  110. I89
    Sch. 9 para. 146 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)
  111. I90
    S. 104 in force at 1.7.2012 by S.I. 2012/1205, art. 3(x)
  112. I91
    Sch. 9 para. 110(1)(3) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(viii)
  113. I92
    S. 115(2) in force at 1.10.2012 for specified purposes by S.I. 2012/2075, art. 3(e)
  114. I93
    Sch. 9 para. 52 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  115. I94
    Sch. 9 para. 9 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  116. I95
    Sch. 9 para. 25 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  117. I96
    Sch. 9 para. 119(b) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  118. I97
    S. 46 in force at 1.7.2012 for specified purposes by S.I. 2012/1205, art. 3(p)
  119. F15
    Words in s. 101(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(a)(iv), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  120. I98
    Sch. 9 para. 61 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  121. I99
    S. 13 in force at 31.10.2013 for specified purposes by S.I. 2013/1814, art. 2(b) (with transitional provisions and savings in S.I. 2013/1813)
  122. I100
    Sch. 8 para. 14 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  123. I101
    Sch. 9 para. 119(a) in force at 17.6.2013 for E.W. by S.I. 2013/1180, art. 2(e)(v)
  124. I102
    Sch. 9 para. 121 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  125. I103
    Sch. 7 para. 9(4)-(6) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(ii)
  126. I104
    S. 115(1) in force at 31.10.2013 for specified purposes by S.I. 2013/2104, art. 3(a)
  127. F16
    Sch. 9 para. 140(2) omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 9(3); S.I. 2015/1476, reg. 2(j) (with regs. 3 8)
  128. I105
    Sch. 9 para. 51 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  129. I106
    Sch. 9 para. 68(1)-(3) (4)(a) (4)(c)-(g) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(iii)
  130. I107
    S. 38 in force at 1.11.2012 by S.I. 2012/2075, art. 4(b) (with art. 6)
  131. I108
    Sch. 4 para. 14 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  132. F17
    S. 99(3)(a)(b) substituted for words in s. 99(3) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(8)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  133. I109
    Sch. 4 para. 1 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  134. I110
    Sch. 9 para. 141 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)
  135. I111
    Sch. 9 para. 54 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  136. I112
    Sch. 9 para. 93 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  137. I113
    Sch. 4 para. 11 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  138. I114
    S. 87(1)(2) in force at 15.10.2012 by S.I. 2012/2521, art. 2(a)
  139. I115
    Sch. 9 para. 50 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  140. I116
    Sch. 7 para. 12(1) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(iii)
  141. I117
    S. 26 in force at 1.9.2013 for E. by S.I. 2013/2104, art. 2(a)
  142. F18
    Words in s. 101(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(a)(v), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  143. I118
    Sch. 9 para. 3 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)
  144. F19
    Sch. 9 para. 30 omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 28; S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
  145. I119
    Sch. 7 para. 12(2) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(z)(iv)
  146. I120
    S. 41 in force at 1.7.2012 by S.I. 2012/1205, art. 3(k)
  147. I121
    Sch. 10 Pt. 8 in force at 16.3.2015 for specified purposes by S.I. 2015/587, art. 2(c)
  148. I122
    S. 86 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(w)
  149. I123
    Sch. 9 para. 27 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  150. F20
    Words in Pt. 5 Ch. 4 heading inserted (31.1.2017 for specified purposes, 28.6.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 168(3), 183(4)(5)(e); S.R. 2018/128, art. 2(a)
  151. F21
    Words in s. 28(8) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 287(b)(ii)
  152. I124
    Sch. 9 para. 108 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(i)
  153. C8
    S. 82 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(c), Sch. 1
  154. I125
    Sch. 9 para. 87 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  155. F22
    S. 37 repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)
  156. I126
    Sch. 9 para. 126 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  157. I127
    Sch. 9 para. 39 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  158. F23
    S. 110 omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 9(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 8)
  159. I128
    Sch. 9 para. 101 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  160. I129
    Sch. 9 para. 37 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  161. I130
    Sch. 10 Pt. 7 in force at 1.7.2012 for specified purposes by S.I. 2012/1205, art. 3(cc)
  162. I131
    Sch. 9 para. 118 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(aa)(xiii)
  163. I132
    Sch. 4 para. 3 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  164. F24
    S. 20(8)(c) and word inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 29(c)(ii); S.I. 2020/792, reg. 2(i)
  165. I133
    S. 96 in force at 1.10.2012 by S.I. 2012/2234, art. 3(g)
  166. I134
    Sch. 9 para. 15 in force at 1.11.2012 for specified purposes by S.I. 2012/2075, art. 4(e)
  167. F25
    Word in s. 99(5) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(8)(c), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  168. I135
    S. 28 in force at 1.9.2013 for E. by S.I. 2013/2104, art. 2(c)
  169. I136
    Sch. 8 para. 3 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  170. I137
    Sch. 9 para. 42 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  171. I138
    Sch. 9 para. 136 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 3(b), 5-8)
  172. I139
    Sch. 4 para. 16 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  173. I140
    Sch. 4 para. 15 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  174. I141
    Sch. 4 para. 14 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  175. I142
    S. 67 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))
  176. I143
    Sch. 4 para. 4 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  177. I144
    Sch. 9 para. 134 in force at 1.10.2012 by S.I. 2012/2234, art. 3(o)
  178. I145
    Sch. 9 para. 38 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  179. I146
    S. 40 in force at 1.7.2012 by S.I. 2012/1205, art. 3(j)
  180. F26
    Words in s. 28(1) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 177 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  181. I147
    S. 6 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  182. F27
    S. 92(7) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(5), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  183. C9
    S. 79 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(a), Sch. 1
  184. I148
    Sch. 9 para. 72 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(iv)
  185. I149
    Sch. 9 para. 133 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)
  186. I150
    Sch. 9 para. 40 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  187. I151
    Sch. 7 para. 12(3)(4) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(v)
  188. I152
    Sch. 9 para. 20 in force at 1.10.2012 by S.I. 2012/2075, art. 3(g)
  189. I153
    Sch. 4 para. 5 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  190. I154
    S. 111 in force at 25.11.2012 by S.I. 2012/2075, art. 5(a)
  191. I155
    S. 79(1) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(p)
  192. I156
    Sch. 9 para. 22 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  193. F28
    Words in Sch. 1 para. 8(1) substituted (13.3.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 24, 28(1)(h)(3)
  194. I157
    Sch. 4 para. 4 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  195. C10
    S. 83 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(d), Sch. 1 (with art. 5)
  196. I158
    Sch. 4 para. 10 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  197. C11
    Sch. 10 Pt. 5 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(4), Sch. 4 (as amended (10.7.2025) by S.I. 2025/824, arts. 1(1), 3)
  198. I159
    Sch. 4 para. 9 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  199. I160
    Sch. 9 para. 138 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 3(b), 5-8)
  200. I161
    Sch. 8 para. 10 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  201. I162
    Sch. 4 para. 11 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  202. F29
    Words in s. 100(1) renumbered as s. 100(1)(b) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(9)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  203. I163
    Sch. 1 para. 8 in force at 16.12.2014 by S.I. 2014/3315, art. 2
  204. I164
    S. 21 in force at 31.10.2013 by S.I. 2013/1814, art. 2(f) (with transitional provisions and savings in S.I. 2013/1813)
  205. C12
    S. 84 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(e), Sch. 1
  206. I165
    S. 115(1) in force at 6.4.2013 for specified purposes by S.I. 2013/470, art. 2(c) (with arts. 3(b), 5-8)
  207. I166
    S. 107 in force at 1.9.2013 by S.I. 2013/1906, art. 3(d)
  208. I167
    Sch. 9 para. 135 in force at 1.10.2012 by S.I. 2012/2234, art. 3(o)
  209. I168
    S. 11 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  210. I169
    Sch. 9 para. 112 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(x)
  211. I170
    S. 2 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  212. I171
    S. 65 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(b) (with art. 4)
  213. I172
    Sch. 9 para. 33 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  214. I173
    Sch. 10 Pt. 5 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(bb)
  215. I174
    Sch. 9 para. 144 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)
  216. I175
    Sch. 4 para. 8 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  217. I176
    Sch. 9 para. 109(1)(2)(b)(4) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vii)
  218. I177
    S. 97 in force at 1.10.2012 by S.I. 2012/2234, art. 3(h)
  219. C13
    S. 80 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(b), Sch. 1 (with art. 5)
  220. I178
    S. 50 in force at 1.7.2012 by S.I. 2012/1205, art. 3(t)
  221. I179
    Sch. 1 para. 1(1)-(3) in force at 31.10.2013 by S.I. 2013/1814, art. 2(h) (with transitional provisions and savings in S.I. 2013/1813 (as amended (30.10.2016) by S.I. 2016/682, arts. 1, 3, 4))
  222. F30
    Words in s. 101(7) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(f), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  223. I180
    S. 101 in force at 1.10.2012 by S.I. 2012/2234, art. 3(l)
  224. I181
    S. 27 in force at 1.9.2013 for specified purposes for W. by S.I. 2013/1566, art. 2
  225. I182
    Sch. 10 Pt. 2 in force at 1.7.2012 by S.I. 2012/1205, art. 3(bb)
  226. I183
    Sch. 9 para. 21 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  227. I184
    Sch. 4 para. 9 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  228. I185
    S. 79(2)(b)(3) in force at 17.6.2013 in so far as not already in force by S.I. 2013/1180, art. 2(a)
  229. I186
    S. 69 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(f)
  230. C14
    Sch. 10 Pt. 5 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), arts. 1(2)(3), 4(1)(5), Sch. 4 (with art. 5) (as amended (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/827, arts. 1(1), 3 and (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/825, arts. 1(1), 3)
  231. I187
    S. 31 in force at 1.7.2012 by S.I. 2012/1205, art. 3(c)
  232. I188
    Sch. 9 para. 55 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  233. I189
    S. 115(2) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(y)
  234. I190
    S. 75(1)(2) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(j)
  235. I191
    Sch. 4 para. 1 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  236. I192
    Sch. 9 para. 94 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  237. F31
    Words in s. 100(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(9)(a), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  238. F32
    Word in s. 92(3)(a) omitted (13.6.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(iii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  239. F33
    S. 93(3)(a)(b) substituted for words in s. 93(3) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(6), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  240. I193
    S. 56 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(c)
  241. I194
    Sch. 1 para. 1(5)-(8) in force at 31.10.2013 by S.I. 2013/1814, art. 2(j) (with transitional provisions and savings in S.I. 2013/1813 (as amended (30.10.2016) by S.I. 2016/682, arts. 1, 3, 4))
  242. F34
    Words in s. 28(7) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 287(a)
  243. I195
    Sch. 9 para. 74 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(iv)
  244. I196
    S. 64 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(a) (with art. 4)
  245. I197
    Sch. 10 Pt. 1 in force at 31.10.2013 by S.I. 2013/2104, art. 3(d)
  246. I198
    Sch. 4 para. 2 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  247. I199
    Sch. 4 para. 7 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  248. I200
    S. 57 in force at 10.7.2012 by S.I. 2012/1205, art. 4(a)
  249. F35
    Words in s. 101(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  250. C15
    Sch. 9 Pt. 7 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(4), Sch. 3 (with art. 5)
  251. I201
    Sch. 9 para. 80 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  252. I202
    S. 103 in force at 1.9.2013 by S.I. 2013/1906, art. 3(b)
  253. I203
    S. 82 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(u)
  254. I204
    S. 115(1) in force at 25.11.2012 for specified purposes by S.I. 2012/2075, art. 5(c)
  255. F36
    Words in s. 33(8)(d) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 98 (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
  256. I205
    S. 18 in force at 31.10.2013 by S.I. 2013/1814, art. 2(d) (with transitional provisions and savings in S.I. 2013/1813)
  257. I206
    Sch. 9 para. 79 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  258. I207
    Sch. 7 para. 2 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i)
  259. I208
    S. 108 in force at 1.9.2013 by S.I. 2013/1906, art. 3(e)
  260. I209
    Sch. 9 para. 69 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(iv)
  261. I210
    S. 102 in force at 1.9.2013 in so far as not already in force by S.I. 2013/1906, art. 3(a)
  262. I211
    Sch. 4 para. 10 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  263. I212
    S. 7 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  264. I213
    Sch. 7 para. 4 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))
  265. C16
    S. 83 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(d), Sch. 1
  266. I214
    Sch. 9 para. 145 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)
  267. I215
    Sch. 9 para. 124 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  268. I216
    S. 20(1)(10)(11) in force at 1.10.2012 by S.I. 2012/2234, art. 3(a)
  269. I217
    S. 114 in force at 1.10.2012 by S.I. 2012/2234, art. 3(m)
  270. C17
    Sch. 10 Pt. 6 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(5), Sch. 5
  271. I218
    S. 112 in force at 25.11.2012 by S.I. 2012/2075, art. 5(b)
  272. I219
    Sch. 8 para. 15 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  273. I220
    Sch. 9 para. 41 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  274. I221
    S. 81 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(t)
  275. I222
    S. 62 in force at 9.5.2012 by S.I. 2012/1205, art. 2
  276. F37
    Word in s. 101(1) omitted (13.6.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(a)(iii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  277. I223
    S. 105 in force at 16.3.2015 by S.I. 2015/587, art. 2(a)
  278. I224
    Sch. 9 para. 95 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  279. I225
    Sch. 10 Pt. 6 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(cc)
  280. I226
    Sch. 4 para. 17 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  281. C18
    S. 84 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(e), Sch. 1 (with art. 5)
  282. I227
    Sch. 8 para. 16 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  283. C19
    S. 80 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(b), Sch. 1
  284. I228
    Sch. 9 para. 14 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  285. I229
    Sch. 7 para. 5 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i)
  286. I230
    S. 13 in force at 31.1.2014 in so far as not already in force by S.I. 2013/1814, art. 3(a) (with transitional provisions and savings in S.I. 2013/1813)
  287. I231
    S. 28 in force at 1.9.2013 for specified purposes for W. by S.I. 2013/1566, art. 2
  288. F38
    Words in s. 101(6) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(d)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  289. F39
    S. 94(2A) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(c), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  290. I232
    Sch. 8 para. 11 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  291. F40
    S. 27(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 176(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  292. I233
    Sch. 9 para. 73 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(iv)
  293. I234
    Sch. 9 para. 23 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  294. I235
    S. 34 in force at 1.7.2012 by S.I. 2012/1205, art. 3(f)
  295. I236
    S. 109 in force at 6.4.2013 by S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)
  296. I237
    S. 39(1) in force at 1.7.2012 by S.I. 2012/1205, art. 3(i)
  297. I238
    S. 54 in force at 1.10.2012 by S.I. 2012/2075, art. 3(a)
  298. I239
    Sch. 4 para. 13 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  299. I240
    Sch. 9 para. 123 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  300. I241
    Sch. 9 para. 36 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(i)
  301. F41
    Word in s. 20(8)(a) omitted (13.8.2020) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 29(c)(i); S.I. 2020/792, reg. 2(i)
  302. F42
    Words in Sch. 3 para. 1(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 93 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
  303. I242
    Sch. 9 para. 6 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  304. I243
    S. 115(1) in force at 17.6.2013 for specified purposes for E.W. by S.I. 2013/1180, art. 2(c)
  305. C20
    S. 101A: power to amend conferred (N.I.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 171, 183(1)(5)(e) (with s. 172)
  306. I244
    Sch. 7 para. 13(1)(2)(3)(g)(4)(g)(5) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(vi)
  307. I245
    Sch. 4 para. 6 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  308. I246
    Sch. 9 para. 71 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(iv)
  309. I247
    S. 87(3) in force for specified purposes at 1.12.2012 by S.I. 2012/2521, art. 3(a)
  310. I248
    S. 23 in force at 31.10.2013 by S.I. 2013/1814, art. 2(g) (with transitional provisions and savings in S.I. 2013/1813)
  311. I249
    Sch. 4 para. 8 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  312. I250
    Sch. 9 para. 127 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  313. I251
    Sch. 9 para. 143 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)
  314. I252
    Sch. 8 para. 9 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  315. I253
    S. 16 in force at 31.10.2013 by S.I. 2013/1814, art. 2(d) (with transitional provisions and savings in S.I. 2013/1813)
  316. I254
    S. 58 in force at 10.7.2012 by S.I. 2012/1205, art. 4(b)
  317. C21
    S. 82 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(c), Sch. 1 (with art. 5)
  318. I255
    S. 94 in force at 1.10.2012 by S.I. 2012/2234, art. 3(e)
  319. F43
    S. 92(3)(b)(c) substituted for s. 92(3)(b) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  320. I256
    S. 83 in force at 17.6.2013 by S.I. 2013/1180, art. 2(b)
  321. I257
    Sch. 9 para. 107 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)
  322. F44
    Sch. 9 para. 16(b)(i) repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)
  323. I258
    Sch. 9 para. 84 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  324. I259
    S. 22 in force at 1.10.2012 by S.I. 2012/2234, art. 3(b)
  325. F45
    Words in s. 92(3)(a) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  326. C22
    Sch. 9 Pt. 6 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(2), Sch. 2
  327. F46
    Words in s. 99(1)(a) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(8)(a), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  328. I260
    S. 92 in force at 1.10.2012 by S.I. 2012/2234, art. 3(c)
  329. I261
    S. 42 in force at 1.7.2012 by S.I. 2012/1205, art. 3(l)
  330. I262
    Sch. 1 para. 4 in force at 31.10.2013 by S.I. 2013/1814, art. 2(k) (with transitional provisions and savings in S.I. 2013/1813 (as amended (30.10.2016) by S.I. 2016/682, arts. 1, 3, 4))
  331. I263
    Sch. 9 para. 19 in force at 1.10.2012 by S.I. 2012/2075, art. 3(g)
  332. I264
    Sch. 9 para. 147 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)
  333. I265
    Sch. 9 para. 83 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  334. I266
    S. 79(2)(a) in force at 17.6.2013 by S.I. 2013/1180, art. 2(a)
  335. I267
    Sch. 9 para. 82 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  336. I268
    Sch. 9 para. 11 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  337. I269
    Sch. 8 para. 13 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  338. I270
    S. 33 in force at 1.7.2012 by S.I. 2012/1205, art. 3(e)
  339. I271
    S. 12 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  340. I272
    Sch. 9 para. 66 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  341. C23
    Sch. 9 Pt. 7 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(3), Sch. 3
  342. I273
    Sch. 9 para. 130 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)
  343. I274
    S. 115(2) in force at 6.4.2013 for specified purposes by S.I. 2013/470, art. 2(e) (with arts. 5-8)
  344. I275
    S. 20(2)-(9) in force at 31.10.2013 by S.I. 2013/1814, art. 2(e) (with transitional provisions and savings in S.I. 2013/1813)
  345. I276
    Sch. 9 para. 81 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  346. I277
    S. 49 in force at 1.7.2012 by S.I. 2012/1205, art. 3(s)
  347. I278
    Sch. 1 para. 1(4) in force at 31.1.2014 for specified purposes by S.I. 2013/1814, art. 3(b) (with transitional provisions and savings in S.I. 2013/1813)
  348. I279
    Sch. 8 para. 17 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  349. I280
    Sch. 6 para. 1 in force at 10.7.2012 by S.I. 2012/1205, art. 4(h)
  350. I281
    Sch. 7 para. 7 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i)
  351. I282
    Sch. 9 para. 57 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  352. I283
    Sch. 9 para. 128 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  353. I284
    S. 10 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  354. I285
    Sch. 9 para. 111(1)-(3)(5)(6) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ix)
  355. I286
    S. 59 in force at 10.7.2012 by S.I. 2012/1205, art. 4(c)
  356. I287
    Sch. 8 para. 8 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  357. F47
    Sch. 9 para. 138 omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 9(3); S.I. 2015/1476, reg. 2(j) (with regs. 3 8)
  358. I288
    S. 43 in force at 1.7.2012 by S.I. 2012/1205, art. 3(m)
  359. I289
    Sch. 8 para. 1 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  360. I290
    S. 56 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(a)
  361. I291
    Sch. 1 para. 3 in force at 31.10.2013 by S.I. 2013/1814, art. 2(k) (with transitional provisions and savings in S.I. 2013/1813 (as amended (30.10.2016) by S.I. 2016/682, arts. 1, 3, 4))
  362. I292
    S. 75(4)-(6) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(l)
  363. I293
    Sch. 9 para. 140 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 3(b), 5-8)
  364. I294
    Sch. 9 para. 18 in force at 1.10.2012 by S.I. 2012/2075, art. 3(g)
  365. I295
    Sch. 9 para. 100 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  366. I296
    Sch. 4 para. 5 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  367. I297
    Sch. 9 para. 113 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(iii)
  368. F48
    Sch. 9 para. 8 repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)
  369. I298
    Sch. 9 para. 125 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  370. I299
    Sch. 7 para. 3(2) in force at 10.8.2012 for specified purposes by S.I. 2012/2075, art. 2(b)
  371. I300
    Sch. 4 para. 3 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  372. I301
    Sch. 10 Pt. 6 in force at 17.6.2013 in so far as not already in force by S.I. 2013/1180, art. 2(f)
  373. I302
    S. 115(1) in force at 1.7.2012 for specified purposes by S.I. 2012/1205, art. 3(y)
  374. I303
    S. 110 in force at 6.4.2013 by S.I. 2013/470, art. 2(b) (with arts. 3(a), 4-8)
  375. I304
    S. 115(2) in force at 31.10.2013 for specified purposes by S.I. 2013/2104, art. 3(b)
  376. F49
    Sch. 9 paras. 10, 11 repealed (30.8.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 2(1)(h)(ii) (with reg. 2(2))
  377. I305
    Sch. 9 para. 62 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  378. I306
    Sch. 9 para. 32 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  379. I307
    Sch. 9 para. 47 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  380. I308
    Sch. 9 para. 56 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  381. I309
    Sch. 9 para. 16 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  382. C24
    S. 89 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(h), Sch. 1 (with art. 5)
  383. F50
    Words in s. 94(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  384. I310
    Sch. 9 para. 85 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  385. I311
    S. 115(2) in force at 17.6.2013 for specified purposes for E.W. by S.I. 2013/1180, art. 2(d)
  386. I312
    Sch. 9 para. 132 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)
  387. I313
    Sch. 10 Pt. 3 in force at 1.10.2012 by S.I. 2012/2075, art. 3(h)
  388. I314
    Sch. 9 para. 31 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  389. I315
    S. 55 in force at 1.10.2012 by S.I. 2012/2075, art. 3(b)
  390. I316
    Sch. 9 para. 88 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  391. I317
    Sch. 9 para. 111(4) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)
  392. I318
    Sch. 9 para. 96 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  393. F51
    Sch. 9 para. 136 omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 9(3); S.I. 2015/1476, reg. 2(j) (with regs. 3 8)
  394. I319
    Sch. 9 para. 26 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)
  395. I320
    S. 19 in force at 31.10.2013 by S.I. 2013/1814, art. 2(d) (with transitional provisions and savings in S.I. 2013/1813)
  396. I321
    Sch. 9 para. 109(2)(a)(3) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)
  397. I322
    Sch. 8 para. 6 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  398. I323
    Sch. 8 para. 18 in force at 15.10.2012 by S.I. 2012/2521, art. 2(d)
  399. I324
    Sch. 9 para. 139 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)
  400. C25
    Sch. 10 Pt. 6 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(5), Sch. 5 (with art. 5)
  401. I325
    S. 47 in force at 1.7.2012 by S.I. 2012/1205, art. 3(q)
  402. I326
    Sch. 9 para. 59 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  403. F52
    S. 20(2)(a)(iva) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 29(a); S.I. 2020/792, reg. 2(i)
  404. I327
    Sch. 4 para. 17 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  405. F53
    Sch. 9 para. 141 omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 9(3); S.I. 2015/1476, reg. 2(j) (with regs. 3 8)
  406. I328
    Sch. 6 para. 2 in force at 10.7.2012 by S.I. 2012/1205, art. 4(h)
  407. I329
    Sch. 9 para. 105 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)
  408. I330
    Sch. 9 para. 103 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  409. I331
    Sch. 9 para. 91 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  410. I332
    Sch. 9 para. 76 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  411. F54
    Words in s. 27(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 176(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  412. I333
    Sch. 9 para. 2 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)
  413. I334
    Sch. 9 para. 17 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)
  414. I335
    Sch. 9 para. 64 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  415. I336
    S. 77 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(n)
  416. I337
    S. 8 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
  417. I338
    Sch. 9 para. 53 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  418. C26
    S. 89 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(h), Sch. 1
  419. I339
    S. 44 in force at 1.7.2012 for specified purposes by S.I. 2012/1205, art. 3(n)
  420. C27
    S. 87 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(f), Sch. 1
  421. I340
    S. 79(2)(b) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(q)
  422. I341
    S. 76(1)(2)(3)(f)(4)(f)(5) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(m)
  423. I342
    S. 45 in force at 1.7.2012 by S.I. 2012/1205, art. 3(o)
  424. C28
    S. 88 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(g), Sch. 1 (with art. 5)
  425. I343
    Sch. 9 para. 97 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  426. I344
    Sch. 9 para. 86 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  427. I345
    Sch. 1 para. 6 in force at 31.10.2013 by S.I. 2013/1814, art. 2(k) (with transitional provisions and savings in S.I. 2013/1813)
  428. I346
    Sch. 9 para. 58 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  429. I347
    S. 36 in force at 1.7.2012 by S.I. 2012/1205, art. 3(h)
  430. F55
    Words in s. 29(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 178 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  431. I348
    Sch. 9 para. 48 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  432. I349
    S. 95 in force at 1.10.2012 by S.I. 2012/2234, art. 3(f)
  433. I350
    Sch. 7 para. 3 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i)
  434. I351
    Sch. 9 para. 122 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)
  435. I352
    Sch. 9 para. 115 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(x)
  436. F56
    S. 109 omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 9(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 8)
  437. I353
    Sch. 9 para. 116(1)(3) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(xi)
  438. I354
    S. 106 in force at 1.9.2013 by S.I. 2013/1906, art. 3(c)
  439. C29
    S. 18(3) modified by S.I. 2013/1813 art. 5A (as inserted (31.10.2013) by The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2013 (S.I. 2013/2580), arts. 1(2), 4)
  440. I355
    Sch. 9 para. 4 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)
  441. I356
    Sch. 1 para. 2 in force at 31.10.2013 by S.I. 2013/1814, art. 2(k) (with transitional provisions and savings in S.I. 2013/1813 (as amended (30.10.2016) by S.I. 2016/682, arts. 1, 3, 4))
  442. I357
    Sch. 9 para. 102 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  443. F57
    Words in s. 101(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  444. I358
    Sch. 1 para. 1(4) in force at 31.10.2013 for specified purposes by S.I. 2013/1814, art. 2(i) (with transitional provisions and savings in S.I. 2013/1813 (as amended (30.10.2016) by S.I. 2016/682, arts. 1, 3, 4))
  445. I359
    S. 115(1) in force at 1.11.2012 for specified purposes by S.I. 2012/2075, art. 4(c)
  446. I360
    Sch. 7 para. 1 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(i)
  447. I361
    Sch. 9 para. 75 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  448. I362
    S. 15 in force at 31.10.2013 by S.I. 2013/1814, art. 2(d) (with transitional provisions and savings in S.I. 2013/1813)
  449. I363
    S. 80 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(s) (with art. 5)
  450. I364
    S. 98 in force at 1.10.2012 by S.I. 2012/2234, art. 3(i)
  451. F58
    S. 20(6)(e) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 29(b); S.I. 2020/792, reg. 2(i)
  452. F59
    Words in s. 100(1)(b) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(9)(c), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  453. I365
    Sch. 9 para. 90 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  454. C30
    S. 101J(1) applied (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 169(5)(a), 183(4)(5)(e) (with s. 172); S.R. 2018/128, art. 2(b)
  455. F60
    Pt. 5 Ch. 5 inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4)(5)(e); S.R. 2018/128, art. 2(a)
  456. I366
    S. 30 in force at 1.7.2012 by S.I. 2012/1205, art. 3(b)
  457. I367
    Sch. 9 para. 104 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)
  458. I368
    Sch. 4 para. 15 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  459. I369
    S. 115(1) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(x)
  460. C31
    Pt. 5 Ch. 5: power to amend conferred (N.I.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 171, 183(1)(5)(e) (with s. 172)
  461. F61
    Words in s. 101(6) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(10)(d)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
  462. I370
    S. 78 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(o)
  463. I371
    Sch. 9 para. 70 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(iv)
  464. F62
    Words in s. 29(5)(d) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 97(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
  465. I372
    Sch. 9 para. 118 in force at 17.6.2013 in so far as not already in force by S.I. 2013/1180, art. 2(e)(iv)
  466. I373
    S. 63 in force at 10.7.2012 by S.I. 2012/1205, art. 4(f)
  467. I374
    S. 66 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(c)
  468. I375
    Sch. 4 para. 6 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
  469. I376
    Sch. 9 para. 5 in force at 1.7.2012 by S.I. 2012/1205, art. 3(aa)
  470. I377
    Sch. 9 para. 67 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  471. I378
    Sch. 4 para. 12 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
  472. I379
    Sch. 9 para. 49 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ii)
  473. I380
    Sch. 9 para. 78 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(v)
  474. I381
    S. 17 in force at 31.10.2013 by S.I. 2013/1814, art. 2(d) (with transitional provisions and savings in S.I. 2013/1813)
  475. F63
    Words in s. 33(8)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(h); S.I. 2017/399, reg. 2, Sch. para. 41
  476. I382
    Sch. 10 Pt. 4 in force at 10.7.2012 by S.I. 2012/1205, art. 4(l)
  477. F64
    Words in s. 29(5)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(h); S.I. 2017/399, reg. 2, Sch. para. 41
  478. I383
    S. 35 in force at 1.7.2012 by S.I. 2012/1205, art. 3(g)
  479. I384
    Sch. 9 para. 142 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)
  480. C32
    S. 83 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  481. C33
    S. 82 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  482. C34
    S. 101 applied in part (with modifications) (31.1.2017) by Policing and Crime Act 2017 (c. 3), ss. 164(7)-(8A), 183(5)(b)(e) (with ss. 164(9), 167) (as amended (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 195(6)-(8)(13), 208(1) (with s. 195(14)); S.I. 2023/641, reg. 2(b))
  483. C35
    S. 87 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  484. C36
    S. 80 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  485. C37
    S. 89 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  486. C38
    S. 84 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  487. C39
    Sch. 10 Pt. 5 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(5), Sch. 4
  488. C40
    Sch. 9 Pt. 6 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(3), Sch. 2
  489. C41
    S. 79 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  490. C42
    S. 88 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1
  491. C43
    Sch. 9 Pt. 7 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(4), Sch. 3
  492. C44
    Sch. 10 Pt. 6 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(6), Sch. 5
  493. F65
    S. 20(2)(a)(ivb)(ivc) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 8(2) (with s. 97); S.I. 2023/1272, reg. 2(f)
  494. F66
    S. 20(6)(f)(g) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 8(3) (with s. 97); S.I. 2023/1272, reg. 2(f)
  495. C45
    S. 70(1) extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 (S.I. 2025/827), arts. 1(1), 2, Sch.
  496. C46
    S. 70(1) extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Jersey) Order 2025 (S.I. 2025/825), arts. 1(1), 2, Sch.
  497. C47
    Sch. 10 Pt. 5 extended in part (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 (S.I. 2025/827), arts. 1(1), 2, Sch.
  498. C48
    Sch. 10 Pt. 5 extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Jersey) Order 2025 (S.I. 2025/825), arts. 1(1), 2, Sch.
  499. C49
    Sch. 9 para. 129 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 (S.I. 2025/827), arts. 1(1), 2, Sch.
  500. C50
    Sch. 9 para. 129 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Jersey) Order 2025 (S.I. 2025/825), arts. 1(1), 2, Sch.
  501. C51
    S. 70(1) extended (Isle of Man) (with modifications) (10.7.2025) by The Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025 (S.I. 2025/824), arts. 1(1), 2, Sch.
  502. C52
    Sch. 10 Pt. 5 extended in part (Isle of Man) (with modifications) (10.7.2025) by The Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025 (S.I. 2025/824), arts. 1(1), 2, Sch.
  503. C53
    Sch. 9 para. 129 extended (Isle of Man) (with modifications) (10.7.2025) by The Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025 (S.I. 2025/824), arts. 1(1), 2, Sch.
  504. F67
    Word in s. 28(9) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 13
  505. F68
    Words in Sch. 4 para. 3(4) inserted (26.12.2025) by The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025 (S.I. 2025/1256), arts. 1(1), 2