Protection of Freedoms Act 2012
Protection of Freedoms Act 2012 (2012 c. 9)
- Protection of Freedoms Act 2012 (2012 c. 9)
- 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
- 1 Destruction of fingerprints and DNA profiles
- Modification of rule for particular circumstances
- 2 Material retained pending investigation or proceedings
- 3 Persons arrested for or charged with a qualifying offence
- 4 Persons arrested for or charged with a minor offence
- 5 Persons convicted of a recordable offence
- 6 Persons convicted of an offence outside England and Wales
- 7 Persons under 18 convicted of first minor offence
- 8 Persons given a penalty notice
- 9 Material retained for purposes of national security
- 10 Material given voluntarily
- 11 Material retained with consent
- 12 Material obtained for one purpose and used for another
- 13 Destruction of copies
- Destruction rules for samples and impressions of footwear subject to PACE
- 14 Destruction of samples
- 15 Destruction of impressions of footwear
- Supplementary provision for material subject to PACE
- 16 Use of retained material
- 17 Exclusions for certain regimes
- 18 Interpretation and minor amendments of PACE
- Amendments of regimes other than PACE
- 19 Amendments of regimes other than PACE
- The Commissioner for the Retention and Use of Biometric Material
- 20 Appointment and functions of Commissioner
- 21 Reports by Commissioner
- Other provisions
- 22 Guidance on making national security determinations
- 23 Inclusion of DNA profiles on National DNA Database
- 24 National DNA Database Strategy Board
- 25 Material taken before commencement
- CHAPTER 2 Protection of biometric information of children in schools etc.
- 26 Requirement to notify and obtain consent before processing biometric information
- 27 Exceptions and further provision about consent and notification
- 28 Interpretation: Chapter 2
- Part 2 Regulation of surveillance
- CHAPTER 1 Regulation of CCTV and other surveillance camera technology
- Code of practice
- 29 Code of practice for surveillance camera systems
- Procedural requirements
- 30 Issuing of code
- 31 Alteration or replacement of code
- 32 Publication of code
- Enforcement and Commissioner
- 33 Effect of code
- 34 Commissioner in relation to code
- 35 Reports by Commissioner
- Interpretation
- 36 Interpretation: Chapter 1
- CHAPTER 2 Safeguards for certain surveillance under RIPA
- 37 Judicial approval for obtaining or disclosing communications data
- 38 Judicial approval for directed surveillance and covert human intelligence sources
- Part 3 Protection of property from disproportionate enforcement action
- CHAPTER 1 Powers of entry
- Repealing, adding safeguards or rewriting powers of entry
- 39 Repealing etc. unnecessary or inappropriate powers of entry
- 40 Adding safeguards to powers of entry
- 41 Rewriting powers of entry
- 42 Duty to review certain existing powers of entry
- 43 Consultation requirements before modifying powers of entry
- 44 Procedural and supplementary provisions
- 45 Devolution: Scotland and Northern Ireland
- 46 Sections 39 to 46: interpretation
- Codes of practice in relation to powers of entry
- 47 Code of practice in relation to non-devolved powers of entry
- 48 Issuing of code
- 49 Alteration or replacement of code
- 50 Publication of code
- 51 Effect of code
- 52 Sections 47 to 51: interpretation
- 53 Corresponding code in relation to Welsh devolved powers of entry
- CHAPTER 2 Vehicles left on land
- Offence of immobilising etc. vehicles
- 54 Offence of immobilising etc. vehicles
- Alternative remedies in relation to vehicles left on land
- 55 Extension of powers to remove vehicles from land
- 56 Recovery of unpaid parking charges
- Part 4 Counter-terrorism powers
- Pre-charge detention of terrorist suspects
- 57 Maximum detention period of 14 days
- 58 Emergency power for temporary extension and review of extensions
- Stop and search powers: general
- 59 Repeal of existing stop and search powers
- 60 Replacement powers to stop and search persons and vehicles
- 61 Replacement powers to stop and search in specified locations
- 62 Code of practice
- Stop and search powers: Northern Ireland
- 63 Stop and search powers in relation to Northern Ireland
- Part 5 Safeguarding vulnerable groups, criminal records etc.
- CHAPTER 1 Safeguarding of vulnerable groups
- Restrictions on scope of regulation: England and Wales
- 64 Restriction of scope of regulated activities: children
- 65 Restriction of definition of vulnerable adults
- 66 Restriction of scope of regulated activities: vulnerable adults
- 67 Alteration of test for barring decisions
- Abolition of other areas of regulation: England and Wales
- 68 Abolition of controlled activity
- 69 Abolition of monitoring
- Main amendments relating to new arrangements: England and Wales
- 70 Information for purposes of making barring decisions
- 71 Review of barring decisions
- 72 Information about barring decisions
- 73 Duty to check whether person barred
- 74 Restrictions on duplication with Scottish and Northern Ireland barred lists
- Other amendments relating to new arrangements: England and Wales
- 75 Professional bodies
- 76 Supervisory authorities
- 77 Minor amendments
- Corresponding amendments relating to Northern Ireland
- 78 Corresponding amendments in relation to Northern Ireland
- CHAPTER 2 Criminal records
- Safeguards in relation to certificates
- 79 Restriction on information provided to certain persons
- 80 Minimum age for applicants for certificates or to be registered
- 81 Additional grounds for refusing an application to be registered
- 82 Enhanced criminal record certificates: additional safeguards
- Up-dating and content of certificates
- 83 Up-dating certificates
- 84 Criminal conviction certificates: conditional cautions
- Other
- 85 Inclusion of cautions etc. in national police records
- 86 Out of date references to certificates of criminal records
- CHAPTER 3 The Disclosure and Barring Service
- General
- 87 Formation and constitution of DBS
- 88 Transfer of functions to DBS and dissolution of ISA
- Supplementary
- 89 Orders under section 88
- 90 Transfer schemes in connection with orders under section 88
- 91 Tax in connection with transfer schemes
- CHAPTER 4 Disregarding certain convictions for buggery etc.: England and Wales
- General
- 92 Power of Secretary of State to disregard convictions or cautions
- 93 Applications to the Secretary of State
- 94 Procedure for decisions by the Secretary of State
- Effect of disregard
- 95 Effect of disregard on police and other records
- 96 Effect of disregard for disclosure and other purposes
- 97 Saving for Royal pardons etc.
- 98 Section 96: supplementary
- Appeals and other supplementary provision
- 99 Appeal against refusal to disregard convictions or cautions
- 100 Advisers
- 101 Interpretation: Chapter 4
- CHAPTER 5 Disregarding certain convictions for buggery etc: Northern Ireland
- General
- 101A Power of Department of Justice to disregard certain convictions or cautions
- 101B Applications to the Department of Justice
- 101C Procedure for decisions by the Department of Justice
- Effect of disregard
- 101D Effect of disregard on police and other records
- 101E Effect of disregard for disclosure and other purposes
- 101F Saving for Royal pardons etc
- 101G Section 101E: supplementary
- Appeals and other supplementary provision
- 101H Appeal against refusal to disregard convictions or caution
- 101I Advisers
- 101J Interpretation: Chapter 5
- Part 6 Freedom of information and data protection
- Publication of certain datasets
- 102 Release and publication of datasets held by public authorities
- Other amendments relating to freedom of information
- 103 Meaning of “publicly-owned company”
- 104 Extension of certain provisions to Northern Ireland bodies
- The Information Commissioner
- 105 Appointment and tenure of Information Commissioner
- 106 Alteration of role of Secretary of State in relation to guidance powers
- 107 Removal of Secretary of State consent for fee-charging powers etc.
- 108 Removal of Secretary of State approval for staff numbers, terms etc.
- Part 7 Miscellaneous and general
- Trafficking people for exploitation
- 109 Trafficking people for sexual exploitation
- 110 Trafficking people for labour and other exploitation
- Stalking
- 111 Offences in relation to stalking
- 112 Power of entry in relation to stalking
- Miscellaneous repeals of enactments
- 113 Repeal of provisions for conducting certain fraud cases without jury
- 114 Removal of restrictions on times for marriage or civil partnership
- General
- 115 Consequential amendments, repeals and revocations
- 116 Transitional, transitory or saving provision
- 117 Financial provisions
- 118 Channel Islands and Isle of Man
- 119 Extent
- 120 Commencement
- 121 Short title
- SCHEDULES
- SCHEDULE 1 Amendments of regimes other than PACE
- Part 1 Material subject to the Terrorism Act 2000
- Part 2 Material subject to the International Criminal Court Act 2001
- Part 3 Material subject to section 18 of the Counter-Terrorism Act 2008
- Part 4 Material subject to the Terrorism Prevention and Investigation Measures Act 2011
- Part 5 Material subject to the Criminal Procedure (Scotland) Act 1995
- Part 6 Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989
- Part 7 Corresponding Northern Ireland provision for excepted or reserved matters etc.
- SCHEDULE 2 Repeals etc. of powers of entry
- Part 1 Water and Environment
- Public Health (Control of Disease) Act 1984
- Merchant Shipping Act 1995
- Environment Act 1995
- Part 2 Agriculture
- Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642)
- Milk (Cessation of Production) Act 1985
- Cereals Co-responsibility Levy Regulations 1988 (S.I. 1988/1001)
- Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695)
- Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522)
- Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (S.I. 2006/2821)
- Part 3 Miscellaneous
- Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642)
- Hypnotism Act 1952
- Landlord and Tenant Act 1985
- Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629)
- Cross-border Railway Services (Working Time) Regulations 2008 (2008/1660)
- Payment Services Regulations 2009 (S.I. 2009/209)
- SCHEDULE 3 Corresponding code of practice for Welsh devolved powers of entry
- Code of practice
- Issuing of code
- Alteration or replacement of code
- Publication of code
- Effect of code
- Interpretation
- SCHEDULE 4 Recovery of unpaid parking charges
- Introductory
- Right to claim unpaid parking charges from keeper of vehicle
- Conditions that must be met for purposes of paragraph 4
- Hire vehicles
- Application to Crown vehicles etc
- Power to amend Schedule
- Parliamentary procedure
- SCHEDULE 5 Replacement powers to stop and search: supplementary provisions
- SCHEDULE 6 Stop and search powers: Northern Ireland
- SCHEDULE 7 Safeguarding of vulnerable groups: Northern Ireland
- Restriction of scope of regulated activities: children
- Restriction of definition of vulnerable adults
- Restriction of scope of regulated activities: vulnerable adults
- Alteration of test for barring decisions
- Abolition of controlled activity
- Abolition of monitoring
- Information for purposes of making barring decisions
- Review of barring decisions
- Information about barring decisions
- Duty to check whether person barred
- Restrictions on duplication with barred lists in England and Wales and Scotland
- Professional bodies
- Supervisory authorities
- Minor amendments
- SCHEDULE 8 Disclosure and Barring Service
- Membership
- Terms of appointment of members
- Remuneration etc: members
- Staff
- Remuneration, pensions etc of staff
- Delegation of functions
- Business plans
- Reports
- Funding
- Accounts
- Guidance
- Directions
- Status
- Use of information
- Payments in connection with maladministration
- Incidental powers
- Documents
- Transitional
- SCHEDULE 9 Consequential amendments
- Part 1 Destruction, retention and use of fingerprints etc.
- House of Commons Disqualification Act 1975
- Northern Ireland Assembly Disqualification Act 1975
- Police and Criminal Evidence Act 1984
- Crime and Security Act 2010
- Part 2 The Surveillance Camera Commissioner
- House of Commons Disqualification Act 1975
- Part 3 Safeguards for certain surveillance under RIPA
- Regulation of Investigatory Powers Act 2000
- Part 4 Vehicles left on land
- Road Traffic Regulation Act 1984
- Airports Act 1986
- Private Security Industry Act 2001
- Part 5 Counter-terrorism powers
- Police and Criminal Evidence Act 1984
- Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- Terrorism Act 2000
- Regulation of Investigatory Powers Act 2000
- Criminal Justice and Police Act 2001
- Police Reform Act 2002
- Police (Northern Ireland) Act 2003
- Terrorism Act 2006
- Counter-Terrorism Act 2008
- Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)
- Part 6 Safeguarding of vulnerable groups
- Police Act 1997
- Safeguarding Vulnerable Groups Act 2006
- Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
- Part 7 Criminal records
- Police Act 1997
- Gambling Act 2005
- National Health Service Act 2006
- National Health Service (Wales) Act 2006
- Safeguarding Vulnerable Groups Act 2006
- Part 8 The Disclosure and Barring Service
- Parliamentary Commissioner Act 1967
- House of Commons Disqualification Act 1975
- Northern Ireland Assembly Disqualification Act 1975
- Freedom of Information Act 2000
- Part 9 Disregarding certain convictions for buggery etc.
- Rehabilitation of Offenders Act 1974
- Police Act 1997
- Part 10 Trafficking people for exploitation
- Children and Young Persons Act 1933
- Police and Criminal Evidence Act 1984
- Proceeds of Crime Act 2002
- Criminal Justice Act 2003
- Sexual Offences Act 2003
- Asylum and Immigration (Treatment of Claimants, etc) Act 2004
- Serious Crime Act 2007
- Part 11 Stalking
- Protection from Harassment Act 1997
- Crime and Disorder Act 1998
- Criminal Justice and Police Act 2001
- Sexual Offences Act 2003
- Criminal Justice Act 2003
- Part 12 Repeal of provisions for conducting certain fraud cases without jury
- Criminal Justice Act 2003
- SCHEDULE 10 Repeals and revocations
- Part 1 Destruction, retention and use of fingerprints etc.
- Part 2 Powers of entry
- Part 3 Vehicles left on land
- Part 4 Counter-terrorism powers
- Part 5 Safeguarding of vulnerable groups
- Part 6 Criminal records
- Part 7 Freedom of information
- Part 8 The Information Commissioner
- Part 9 Trafficking people for exploitation
- Part 10 Repeal of provisions for conducting certain fraud cases without jury
- Part 11 Removal of restrictions on times for marriage or civil partnership
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