UKPGA-2012-9 Protection of Freedoms Act 2012 UK

The Police and Criminal Evidence Act 1984 is amended as follows.

In section 65(1) (interpretation of Part 5)—

After section 65(2) (meaning of references to a sample's proving insufficient) insert—

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 ”.

After section 65A insert—

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”).

It is the function of the Commissioner to keep under review—

It is the duty of every person who makes or renews a national security determination under a provision mentioned in subsection (2)(a) to—

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.

The condition is that the material retained pursuant to the national security determination is not otherwise capable of being lawfully retained.

The Commissioner also has the function of keeping under review—

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).

In relation to Scotland—

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).

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.

The Secretary of State may, after consultation with the Commissioner, provide the Commissioner with—as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

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—

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.

The Secretary of State may at any time require the Commissioner to report on any matter relating to the Commissioner's functions.

On receiving a report from the Commissioner under this section, the Secretary of State must—

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.

The Secretary of State must give guidance about making or renewing national security determinations under a provision mentioned in section 20(2)(a).

Any person authorised to make or renew any such national security determination must have regard to any guidance given under this section.

The Secretary of State may give different guidance for different purposes.

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.

Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay before Parliament—

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.

Guidance, or revisions to guidance, come into force in accordance with an order under this section.

Such an order—

The Secretary of State must publish any guidance given or revised under this section.

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.

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.

Such provision must, in particular, ensure—

An order under this section may, in particular, provide for exceptions to provision of the kind mentioned in subsection (3).

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.

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.

An order under this section is to be made by statutory instrument.

A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

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.

This section applies in relation to any processing of a child's biometric information by or on behalf of the relevant authority of—

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—

The relevant authority must ensure that a child's biometric information is not processed unless—

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).

But if, at any time, the child—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).

Subsection (7) applies in relation to any child whose biometric information, by virtue of this section, may not be processed.

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.

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 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.

Consent under section 26(3) may be withdrawn at any time.

Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in writing.

Section 26 and this section are in addition to the requirements of the data protection legislation.

In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

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—in relation to a school, the proprietor of the school, in relation to a 16 to 19 Academy, the proprietor of the Academy, 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.

“Biometric information” means information about a person's physical or behavioural characteristics or features which—

Biometric information may, in particular, include—

In subsection (2) “biometric recognition system” means a system which, by means of equipment operating automatically—

“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.

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).

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.

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—“parent” is to be read as meaning the voluntary organisation that so placed or maintains the child.

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.

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).

The Secretary of State must prepare a code of practice containing guidance about surveillance camera systems.

Such a code must contain guidance about one or more of the following—

Such a code may, in particular, include provision about—

Such a code—

In the course of preparing such a code, the Secretary of State must consult—

In this Chapter “surveillance camera systems” means—

In this section—...“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);

The Secretary of State must lay before Parliament—

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.

The Secretary of State must not make the order or issue the code unless the draft of the order is so approved.

The Secretary of State must prepare another code of practice under section 29 if—

A code comes into force in accordance with an order under this section.

Such an order—

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.

The Secretary of State—

Before preparing an alteration or a replacement code, the Secretary of State must consult the persons mentioned in section 29(5).

The Secretary of State must lay before Parliament an alteration or a replacement code prepared under this section.

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.

If no such resolution is made within that period, the Secretary of State must issue the alteration or replacement code.

The alteration or replacement code—

Subsection (4) does not prevent the Secretary of State from laying a new alteration or replacement code before Parliament.

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).

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.

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).

The Secretary of State must publish the code issued under section 30(2).

The Secretary of State must publish any replacement code issued under section 31(5).

The Secretary of State must publish—

A relevant authority must have regard to the surveillance camera code when exercising any functions to which the code relates.

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.

The surveillance camera code is admissible in evidence in any such proceedings.

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.

In this section “relevant authority” means—

An order under subsection (5) may, in particular—

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.

Before making an order under subsection (5) in relation to any person or description of persons, the Secretary of State must consult—

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.

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.

The Secretary of State must appoint a person as the Surveillance Camera Commissioner (in this Chapter “the Commissioner”).

The Commissioner is to have the following functions—

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.

The Secretary of State may, after consultation with the Commissioner, provide the Commissioner with—as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

As soon as reasonably practicable after the end of each reporting period—

The reporting periods are—

After section 32 of the Regulation of Investigatory Powers Act 2000 (authorisation of surveillance and human intelligence sources: intrusive surveillance) insert—

In section 43 of that Act (general rules about grant, renewal and duration of authorisations)—

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.

Schedule 2 (which contains repeals etc. of certain powers of entry) has effect.

The appropriate national authority may by order provide for safeguards in relation to any power of entry or associated power.

Such safeguards may, in particular, include—

The appropriate national authority may by order rewrite, with or without modifications—

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.

But no order under this section may alter the effect of—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.

Each Minister of the Crown who is a member of the Cabinet must, within the relevant period—

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.

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.

An order under section 39(1), 40 or 41—

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.

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.

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.

In subsection (4) “primary legislation” means—

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.

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.

In subsection (7) “primary legislation” means—

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.

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.

In subsection (2) “excepted matter”, “reserved matter” and “transferred matter” have the meaning given by section 4(1) of the Northern Ireland Act 1998.

The Secretary of State must prepare a code of practice containing guidance about the exercise of powers of entry and associated powers.

Such a code may, in particular, include provision about—

Such a code—

In the course of preparing such a code in relation to any powers, the Secretary of State must consult—

In this section “devolved powers of entry and devolved associated powers” means powers of entry and associated powers—

The Secretary of State must lay before Parliament—

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.

The Secretary of State must not make the order or issue the code unless the draft of the order is so approved.

The Secretary of State must prepare another code of practice under section 47 if—

A code comes into force in accordance with an order under this section.

Such an order—

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.

The Secretary of State—

Before preparing an alteration or a replacement code in relation to any powers, the Secretary of State must consult—

The Secretary of State must lay before Parliament an alteration or a replacement code prepared under this section.

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.

If no such resolution is made within that period, the Secretary of State must issue the alteration or replacement code.

The alteration or replacement code—

Subsection (4) does not prevent the Secretary of State from laying a new alteration or replacement code before Parliament.

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).

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.

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).

The Secretary of State must publish the code issued under section 48(2).

The Secretary of State must publish any replacement code issued under section 49(5).

The Secretary of State must publish—

A relevant person must have regard to the powers of entry code when exercising any functions to which the code relates.

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.

The powers of entry code is admissible in evidence in any such proceedings.

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.

In this section “relevant person” means any person specified or described by the Secretary of State in an order made by statutory instrument.

An order under subsection (5) may, in particular—

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.

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.

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.

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.

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.

A person commits an offence who, without lawful authority—intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

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).

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.

A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.

A person guilty of an offence under this section is liable—

In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.

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.

In subsection (1)—

In subsection (2)—

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 ”.

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).

After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of terrorist suspects) insert—

After section 123(6) of that Act (orders and regulations under the Act) insert—

After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation) insert—

Omit section 43(3) of the Terrorism Act 2000 (requirement for searches of persons to be carried out by someone of the same sex).

After section 43(4) of that Act insert—

After section 43 of that Act insert—

Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before it) insert—

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.

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.

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), ”.

After paragraph 1(1) insert—

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) ”.

After paragraph 1(2) insert—

Also in paragraph 1—

In paragraph 2 (activities referred to in paragraph 1(1))—

In paragraph 3(1) (list of establishments referred to in paragraph 1(2) and (9C)) omit paragraph (c).

Omit paragraph 4 (list of persons referred to in paragraph 1(9)).

In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “ or (c) ”.

Omit section 59 of the Safeguarding Vulnerable Groups Act 2006 (definition of vulnerable adults).

In section 60(1) of that Act (interpretation of Act)—

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.

For paragraph 7(1) to (3) (main activities which are regulated activity) substitute—

Omit paragraph 7(4) (certain activities in care homes to be regulated activity).

In paragraph 7(5) (day to day management or supervision of certain activities to be regulated activity) omit “or (4)”.

In paragraph 7(7)(f) (inspection functions) omit “English local authority social services or”.

Omit paragraph 7(8A) (certain functions of Care Quality Commission to be regulated activity).

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 ”.

Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions are to be regulated activity).

In paragraph 10(2) (the period condition)—

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—

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—

In paragraph 3 of that Schedule to that Act (inclusion in children's barred list on behaviour grounds)—

In paragraph 5 of that Schedule to that Act (inclusion in children's barred list because of risk of harm)—

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—

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—

In paragraph 9 of that Schedule to that Act (inclusion in adults' barred list on behaviour grounds)—

In paragraph 11 of that Schedule to that Act (inclusion in adults' barred list because of risk of harm)—

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)—

In paragraph 20 of that Schedule to that Act (provision of information by Secretary of State to ISA) for sub-paragraph (2) substitute—

For sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006 (provision of vetting information and information about cessation of monitoring) substitute—

In section 33 of that Act (cessation of registration)—

In section 34 of that Act (declarations under sections 30 and 32)—

Omit entry 19 in the table in paragraph 1 of Schedule 7 to that Act (power to add entries to the table).

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 ”.

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.

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—

In paragraph 6(1)(a) of that Schedule to that Act—

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—

In paragraph 12(1)(a) of that Schedule to that Act—

In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer)—

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).

In section 43 of the Act of 2006 (registers: notice of barring etc.) for subsections (1) to (5) substitute—

In section 43(6)(a) of the Act of 2006 (meaning of “relevant register”) omit “of entry 1 or 8”.

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 ”.

Omit section 44 of that Act (registers: power to apply for vetting information).

In section 45 of the Safeguarding Vulnerable Groups Act 2006 (duty of supervisory authorities to refer)—

In section 47 of that Act (supervisory authorities: power to apply for vetting information)—

In section 48 of that Act (supervisory authorities: notification of barring etc. in respect of children)—

In section 49 of that Act (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—

In section 50 of that Act (provision of information to supervisory authorities)—

In the Policing and Crime Act 2009 omit—

In section 39 of the Safeguarding Vulnerable Groups Act 2006 (duty of local authorities to refer)—

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—.

After section 50A(1) of that Act insert—

After section 50A(3) of that Act insert—

After paragraph 5 of Schedule 4 to that Act (regulated activity relating to children) insert—

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.).

Omit—

After section 120AB of the Police Act 1997 (procedure for certain cancellations or suspensions of registration) insert—

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—.

In section 120(4) of that Act (registered persons)—

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)—

After subsection (4) of that section of that Act insert—

In subsection (9) of that section of that Act—

After section 117(1) of that Act (disputes about accuracy of certificates) insert—

After section 117 of that Act insert—

There is to be a body corporate known as the Disclosure and Barring Service.

In this Chapter “DBS” means the Disclosure and Barring Service.

Schedule 8 (which makes further provision about DBS) has effect.

The Secretary of State may by order transfer any function of ISA to DBS.

The Secretary of State may by order transfer to DBS any function of the Secretary of State under, or in connection with—

The Secretary of State may by order provide for the dissolution of ISA.

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.

Any power to make an order under section 88—

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.

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.

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.

In this section—“enactment” includes a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,“primary legislation” means—a public general Act, a Measure or Act of the National Assembly for Wales, and Northern Ireland legislation.

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.

The things that may be transferred under a transfer scheme include—

A transfer scheme may make consequential, supplementary, incidental, transitional, transitory or saving provision and may, in particular—

A transfer scheme may provide—

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.

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.

For the purposes of this section—

Accordingly, a transfer scheme may, in particular, provide—

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.

The Treasury may by order make provision varying the way in which a relevant tax has effect in relation to—

The provision which may be made under subsection (1)(a) includes, in particular, provision for—

The provision which may be made under subsection (1)(b) includes, in particular, provision for—

The power to make an order under this section—

A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the House of Commons.

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—about a relevant tax, and 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.

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.

A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.

Condition A is that the Secretary of State decides that it appears that—

Condition B is that—

Sections 95 to 98 explain the effect of a conviction or caution becoming a disregarded conviction or caution.

Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.

In this section “sexual activity” includes—

An application under section 92 must be in writing.

It must state—

It may include representations by the applicant or written evidence about —

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—

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.

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—

Subsection (4) applies if the Secretary of State—

The Secretary of State must—

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.

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.

Subject to that, the relevant data controller must delete the details as soon as reasonably practicable.

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.

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—the fact that it is a disregarded conviction or caution, and 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—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, in relation to other relevant official records, such person as may be prescribed,“relevant official records” means—the names database, and such other official records as may be prescribed.

An order under this section—

A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not—

In particular—

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—

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.

A disregarded conviction or caution, or any circumstances ancillary to it, is not a proper ground for—

This section is subject to section 97 but otherwise applies despite any enactment or rule of law to the contrary.

See also section 98 (meaning of “proceedings before a judicial authority” and “circumstances ancillary to a conviction or caution”).

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—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.

For the purposes of section 96, circumstances ancillary to a conviction are any circumstances of—

For the purposes of section 96, circumstances ancillary to a caution are any circumstances of—

The applicant may appeal to the High Court if—

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.

If the High Court decides —

Otherwise it must dismiss the appeal.

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.

There is no appeal from a decision of the High Court under this section.

The Secretary of State may appoint persons to advise whether, in any case referred to them by the Secretary of State—

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.

The Secretary of State may pay expenses and allowances to a person so appointed.

In this Chapter—“caution” means—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 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—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), a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and 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—any punishment awarded, and 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)—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), ... before a Standing Civilian Court established under the Armed Forces Act 1976 , or 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).

Paragraph (b) of the definition of “conviction” applies despite the following (which deem a conviction of a person discharged not to be a conviction)—

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

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

In this Chapter a reference to an offence includes a reference to an inchoate or ancillary offence relating to the offence.

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).

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.

A reference to an inchoate or ancillary offence in relation to an offence is a reference to an offence of—

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—

The enactments are—

For the purposes of subsections (5), (6) and (6B) an attempt to commit an offence includes conduct which—

A person who has in Northern Ireland been convicted of, or cautioned for, an offence under—may apply to the Department of Justice in Northern Ireland for the conviction or caution to become a disregarded conviction or caution.

A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.

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—

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—

Condition B is that—

Sections 101D to 101G explain the effect of a conviction or caution becoming a disregarded conviction or caution.

An application under section 101A must be in writing.

It must state—

It may include representations by the applicant or written evidence about the matters mentioned in condition A in section 101A.

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—

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.

Subsection(4) applies if the Department of Justice in Northern Ireland—

The Department of Justice in Northern Ireland must—

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.

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.

Subject to that, the relevant data controller must delete the details as soon as reasonably practicable.

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.

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—the fact that it is a disregarded conviction or caution, and 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—in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, in relation to other relevant official records, such persons as may be prescribed,“relevant official records” means—the general names database, the Northern Ireland names database, and such other official records as may be prescribed.

An order under this section may make different provision for different purposes.

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)).

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))).

A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not—

In particular—

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—

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.

A disregarded conviction or caution, or any circumstances ancillary to it, is not a proper ground for—

This section is subject to section 101F but otherwise applies despite any enactment or rule of law to the contrary.

See also section 101G (meaning of “proceedings before a judicial authority” and “circumstances ancillary to a conviction or caution”).

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—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.

For the purposes of section 101E, circumstances ancillary to a conviction are any circumstances of—

For the purposes of section 101E, circumstances ancillary to a caution are any circumstances of—

The applicant may appeal to the High Court in Northern Ireland if—

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.

If the High Court decides that it appears as mentioned in condition A in section 101A, it must make an order to that effect.

Otherwise, it must dismiss the appeal.

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.

There is no appeal from a decision of the High Court under this section.

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.

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.

The Department of Justice in Northern Ireland may pay expenses and allowances to a person so appointed.

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—a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and 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).

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).

In this Chapter, a reference to an offence includes—

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).

For the purposes of subsections(3) and(4) an attempt to commit an offence includes conduct which—

The Freedom of Information Act 2000 is amended as follows.

In section 11 (means by which communication to be made)—

After section 11 (means by which communication to be made) insert—

In section 19 (publication schemes)—

In section 45 (issue of code of practice)—

In section 84 (interpretation), after the definition of “the Commissioner”, insert—.

Section 6 of the Freedom of Information Act 2000 (publicly-owned companies) is amended as follows.

In subsection (1)—

For subsection (2) substitute—

In subsection (3), at the end, insert—.

Omit—

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.

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 ”.

After paragraph 2(3) of that Schedule to that Act (removal of the Information Commissioner from office) insert—

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).

In the italic heading to paragraph 2 of that Schedule to that Act, after “office” insert “ and appointment ”.

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).

For section 41C(7) of the Data Protection Act 1998 (code of practice about assessment notices: requirement for approval of Secretary of State) substitute—

In section 52B of that Act (data-sharing code: approval by the Secretary of State)—

For section 55C(5) of that Act (guidance about monetary penalty notices: requirement for approval of Secretary of State) substitute—

In section 51 of the Data Protection Act 1998 (general duties of the Information Commissioner)—

In section 67(5)(a) of that Act (orders under the Act subject to negative procedure) after “51(3)” insert “ or (8B) ”.

In section 47 of the Freedom of Information Act 2000 (general functions of the Information Commissioner)—

In section 82(3)(a) of that Act (orders under the Act subject to negative procedure) after “4(1)” insert “ or 47(4B) ”.

Paragraph 4 of Schedule 5 to the Data Protection Act 1998 (appointment of officers and staff of the Information Commissioner) is amended as follows.

After sub-paragraph (4) insert—

Omit sub-paragraph (5) (approval of Secretary of State required for number, and terms and conditions, of persons to be appointed).

After section 2 of the Protection from Harassment Act 1997 (offence of harassment) insert—

After section 4 of that Act (putting people in fear of violence) insert—

In the Marriage Act 1949—

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 ”.

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.)—

Omit section 31(2)(ab) of that Act (offence of officiating at the signing of a civil partnership schedule outside the permitted hours).

Schedule 9 (consequential amendments) has effect.

The provisions listed in Schedule 10 are repealed or (as the case may be) revoked to the extent specified.

The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of this Act.

The power to make an order under subsection (3)—

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.

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.

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—a public general Act, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, and Northern Ireland legislation.

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).

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.

In this section “Welsh provision” means any provision of this Act so far as it falls within section 120(3).

There is to be paid out of money provided by Parliament—

There is to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act.

The following provisions extend to England and Wales only—

The following provisions extend to England and Wales and Scotland only—

The following provisions extend to England and Wales and Northern Ireland only—

The following provisions extend to Scotland only—

The following provisions extend to Northern Ireland only—

The following provisions have the extent provided for in those provisions—

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.

The following provisions extend to England and Wales, Scotland and Northern Ireland—

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.

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.

The provisions are—

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—

The following provisions come into force on the day on which this Act is passed—

Schedule 8 to the Terrorism Act 2000 (treatment of persons detained under section 41 or Schedule 7 of that Act) is amended as follows.

Omit paragraph 14 (retention of material: England and Wales and Northern Ireland).

In paragraph 20 (retention of material: Scotland)—

After paragraph 20 insert—

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 ”.

In paragraph 15(1) for “paragraphs 10 to 14” substitute “ paragraphs 10 to 13 ”.

After paragraph 15(1) insert—

In paragraph 15(2) for “paragraphs 10 to 14” substitute “ paragraphs 10 to 13 ”.

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

In section 18(3), for “18F” substitute “ 18G ”.

After section 18F insert—

This paragraph applies to the following material—

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—for as long as the determination has effect.

A determination under sub-paragraph (2) (“a national security determination”)—

Material retained under this paragraph must not be used other than—

This paragraph has effect despite any provision to the contrary in the 1989 Order.

In this paragraph—

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.

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.

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.

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).

The power to make an order under this paragraph—

An order under this paragraph may not make provision which—

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.

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.

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—forms part of the law of Northern Ireland, and is not prohibited by sub-paragraph (5)(a),“primary legislation” means—a public general Act, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, and Northern Ireland legislation,“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998.

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).

This paragraph extends to England and Wales only.

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).

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).

This paragraph extends to England and Wales, Scotland and Northern Ireland.

Section 108(15) of the Environment Act 1995 (powers of entry etc. of persons authorised by enforcing authorities: interpretation) is amended as follows.

After the definition of “authorised person” insert—.

After the definition of “enforcing authority” insert—.

In the definition of “pollution control functions” in relation to a waste collection authority after “means” insert.

This paragraph extends to England and Wales only.

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.).

Also—

This paragraph extends to England and Wales only.

Omit section 2(1) of the Milk (Cessation of Production) Act 1985 (powers of entry in connection with compensation payments).

Also, in section 3(1) of that Act, omit paragraph (b) and the word “or” before it.

This paragraph extends to England and Wales only.

Omit regulation 8 of the Cereals Co-responsibility Levy Regulations 1988 (power of authorised officer to enter premises used in relation to cereals).

Also—

This paragraph extends to England and Wales only.

Omit regulation 5 of the Oilseeds Producers (Support System) Regulations 1992 (power of authorised officer to enter and inspect oilseeds producers' premises).

Also—

This paragraph extends to England and Wales only.

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).

This paragraph extends to England and Wales, Scotland and Northern Ireland.

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).

This paragraph extends to England and Wales, Scotland and Northern Ireland.

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).

This paragraph extends to England and Wales, Scotland and Northern Ireland.

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).

This paragraph extends to England and Wales only.

Omit section 8(2) of the Landlord and Tenant Act 1985 (power of landlord to enter premises to view their state and condition).

This paragraph extends to England and Wales only.

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).

This paragraph extends to England and Wales, Scotland and Northern Ireland.

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).

This paragraph extends to England and Wales and Scotland only.

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).

This paragraph extends to England and Wales, Scotland and Northern Ireland.

The Welsh Ministers may prepare a code of practice containing guidance about the exercise of—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.

Such a code may, in particular, include provision about—

Such a code—

In the course of preparing such a code in relation to any powers, the Welsh Ministers must consult—

The Welsh Ministers must lay before the National Assembly for Wales—

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.

The Welsh Ministers must not make the order or issue the code unless the draft of the order is so approved.

The Welsh Ministers may prepare another code of practice under paragraph 1 if the draft of the order is not so approved.

A code comes into force in accordance with an order under this paragraph.

Such an order—

The Welsh Ministers—

Before preparing an alteration or a replacement code in relation to any powers, the Welsh Ministers must consult—

The Welsh Ministers must lay before the National Assembly for Wales an alteration or a replacement code prepared under this paragraph.

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.

If no such resolution is made within that period, the Welsh Ministers must issue the alteration or replacement code.

The alteration or replacement code—

Sub-paragraph (4) does not prevent the Welsh Ministers from laying a new alteration or replacement code before the National Assembly for Wales.

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.

In calculating the 40-day period, no account is to be taken of—

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).

The Welsh Ministers must publish any code issued under paragraph 2(2).

The Welsh Ministers must publish any replacement code issued under paragraph 3(5).

The Welsh Ministers must publish—

A relevant person must have regard to the devolved powers of entry code when exercising any functions to which the code relates.

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.

The devolved powers of entry code is admissible in evidence in any such proceedings.

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.

In this paragraph “relevant person” means any person specified or described by the Welsh Ministers in an order made by statutory instrument.

An order under sub-paragraph (5) may, in particular—

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.

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.

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.

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.

This Schedule applies where—

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.

In this Schedule—“the appropriate national authority” means—in relation to relevant land in England, the Secretary of State; and 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—in the case of the keeper, an address which is either—an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or the keeper's registered address (if there is one); or 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”—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 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—the owner or occupier of the land; or 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—an obligation arising under the terms of a relevant contract; or 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.

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).

For the purposes of sub-paragraph (2) “adequate notice” means notice given by—

In this Schedule “relevant land” means any land (including land above or below ground level) other than—

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—the Secretary of State; the Welsh Ministers; Transport for London; the Common Council of the City of London; the council of a county, county borough, London borough or district; a parish or community council; the Council of the Isles of Scilly.

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.

In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—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.

The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

The right under this paragraph applies only if—

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.

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.

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).

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).

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).

The first condition is that the creditor—

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.

The second condition is that the creditor (or a person acting for or on behalf of the creditor)—

If a notice to driver has been given, any subsequent notice to keeper must be given in accordance with paragraph 8.

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.

The notice must—

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).

The notice must be given—by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

In sub-paragraph (2)(d) the reference to arrangements for the resolution of disputes or complaints includes—

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.

The notice must—

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).

The notice must be given by—

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.

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.

When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—

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.

The notice must—

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).

The notice must be given by—

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.

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.

When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—

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).

The regulations may in particular make provision as to—

The regulations may—

The third condition is that—

The third condition only applies if the vehicle is a registered vehicle.

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—

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.

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.

The provision made under sub-paragraph (2) may, in particular, include provision—

Regulations under this paragraph may—

This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—