House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

167

House of Commons

Notices of Amendments

given on

Tuesday 3 May 2011

For other Amendment(s) see the following page(s):

Protection of Freedoms Bill Committee 148-165

Public Bill Committee

Protection of Freedoms Bill

Lynne Featherstone

187

Clause  77,  page  63,  line  24,  at beginning insert—

‘(1)
Omit section 93 of the Policing and Crime Act 2009 (which, if commenced,

would insert section 112(2A) into the Police Act 1997 requiring copies of certain

criminal conviction certificates to be given to employers etc.).

(2)
’.

Lynne Featherstone

188

Clause  79,  page  64,  line  22,  leave out ‘117(2)’ and insert ‘117(1)’.

Lynne Featherstone

189

Clause  79,  page  64,  leave out lines 23 to 31 and insert—

‘“(1A)
Where any person other than the applicant believes that the information contained

in a certificate under any of sections 112 to 116 is inaccurate, that person may

make an application to the Secretary of State for a decision as to whether or not

the information is inaccurate.”

(5)
After section 117 of that Act insert—

“117A
  Other disputes about section 113B(4) information

(1)
Subsection (2) applies if a person believes that information provided in

accordance with section 113B(4) and included in a certificate under

section 113B or 116 —

(a)
is not relevant for the purpose described in the statement under

section 113B(2) or (as the case may be) 116(2), or

(b)
ought not to be included in the certificate.

Notices of Amendments: 3 May 2011
168

Protection of Freedoms Bill, continued

(2)
The person may apply to the independent monitor appointed under

section 119B for a decision as to whether the information is information

which falls within subsection (1)(a) or (b) above.

(3)
The independent monitor, on receiving such an application, must ask

such chief officer of a police force as the independent monitor considers

appropriate to review whether the information concerned is information

which—

(a)
the chief officer reasonably believes to be relevant for the

purpose described in the statement under section 113B(2) or (as

the case may be) 116(2), and

(b)
in the chief officer’s opinion, ought to be included in the

certificate.

(4)
In exercising functions under subsection (3), the chief officer concerned

must have regard to any guidance for the time being published under

section 113B(4A).

(5)
If, following a review under subsection (3), the independent monitor

considers that any of the information concerned is information which

falls within subsection (1)(a) or (b)—

(a)
the independent monitor must inform the Secretary of State of

that fact, and

(b)
on being so informed, the Secretary of State must issue a new

certificate.

(6)
In issuing such a certificate, the Secretary of State must proceed as if the

information which falls within subsection (1)(a) or (b) had not been

provided under section 113B(4).

(7)
In deciding for the purposes of this section whether information is

information which falls within subsection (1)(a) or (b), the independent

monitor must have regard to any guidance for the time being published

under section 113B(4A).

(8)
Subsections (10) and (11) of section 113B apply for the purposes of this

section as they apply for the purposes of that section.”’.

James Brokenshire

190

Schedule  7,  page  119,  line  43,  at end insert—

‘77B
Procedure for order of district judge under section 23A or 32A:

Northern Ireland

(1)
The Lord Chancellor may by order make further provision about the

procedure and practice to be followed in relation to an application to a

district judge (magistrates’ courts) in Northern Ireland for an order

under section 23A or 32A.

(2)
Such an order may, in particular, provide—

(a)
for the manner in which, and time within which, an

application may be made,

(b)
that the district judge (magistrates’ courts) is to determine an

application—

(i)
in chambers,

Notices of Amendments: 3 May 2011
169

Protection of Freedoms Bill, continued

(ii)
in the absence of the person to whom the

authorisation or notice which is the subject of the

application relates,

(c)
that any hearing is to be held in private,

(d)
that notice of an order given is not to be given to—

(i)
the person to whom the authorisation or notice which

is the subject of the order relates, or

(ii)
such a person’s legal representatives.

(3)
An order of the Lord Chancellor under this section 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 (within the

meaning of section 4(1) of the Northern Ireland Act 1998).

(4)
The power of the Magistrates’ Courts Rules Committee under Article

13 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I. 26)) to regulate and prescribe the procedure and

practice to be followed in relation to an application to a district judge

(magistrates’ courts) in Northern Ireland for an order under section

23A or 32A is subject to, but is not otherwise constrained by, sections

23B and 32B and any order made under this section.’.

James Brokenshire

191

Schedule  7,  page  119,  line  44,  leave out from ‘section’ to end of line 45 and insert

‘78 (orders, regulations and rules)—

(a)
in subsection (1) after “the Secretary of State” insert “or the Lord

Chancellor”,

(b)
in subsection (3)(a)—’.

James Brokenshire

192

Schedule  7,  page  120,  line  2,  at end insert ‘, and

(c)
in subsection (5) after “the Secretary of State” insert “or (as the case

may be) the Lord Chancellor”’.

Lynne Featherstone

193

Schedule  7,  page  123,  line  37,  at end insert—

‘31A (1)
Section 119 (sources of information) is amended as follows.

      (2)
In subsection (2) omit “or for the purposes of section 24 of the Safeguarding

Vulnerable Groups Act 2006”.

      (3)
In subsection (8)—

(a)
omit paragraph (c), and

(b)
in paragraph (d) for “that Act” substitute “the Safeguarding

Vulnerable Groups Act 2006”.

31B
In section 119B(5) (independent monitor) omit paragraphs (d) and (e).’.

Lynne Featherstone

194

Schedule  7,  page  127,  line  15,  leave out from beginning to ‘after’ and insert—

  ‘(1)
Section 118 (evidence of identity) is amended as follows.

Notices of Amendments: 3 May 2011
170

Protection of Freedoms Bill, continued

      (2)
In subsection (1)—

(a)
’.

Lynne Featherstone

195

Schedule  7,  page  127,  line  16,  at end insert ‘, and

(b)
after “117” insert “, 117A”.

      (3)
In subsection (4) after “117” insert “or 117A”.’.

Lynne Featherstone

196

Schedule  7,  page  127,  line  28,  at end insert—

    ‘(4)
After subsection (8) insert—

“(8A)
The independent monitor has the functions conferred on the monitor

by section 117A.”

      (5)
In subsection (9) after “section” insert “or section 117A”.’.

Lynne Featherstone

197

Schedule  7,  page  127,  line  37,  at end insert—

‘69A
Omit section 124(5) (non-application of disclosure offences to certain

disclosures of information provided in accordance with section 113B(5).’.

Lynne Featherstone

198

Schedule  7,  page  127,  line  38,  leave out ‘After section 124A(6)’ and insert ‘Section

124A’.

Lynne Featherstone

199

Schedule  7,  page  127,  line  39,  after ‘function)’ insert ‘is amended as follows.

      (2)
In subsection (1)(c) omit “or registered person”.

      (3)
After subsection (6)’.

Lynne Featherstone

200

Schedule  7,  page  128,  line  7,  at end insert—

‘Gambling Act 2005

72A
In section 73(3) of the Gambling Act 2005 (procedure on consideration of

application for licence)—

(a)
for “section 115” substitute “section 113B”, and

(b)
at the end (and on a new line below paragraph (b)) insert “or the

production of up-date information (within the meaning given by

section 116A(7) of that Act) in relation to such a certificate,”.

National Health Service Act 2006

72B
The National Health Service Act 2006 is amended as follows.

72C
In section 129(6) (regulations as to pharmaceutical services), in paragraph (i),

for the words from “section 113” to the end of the paragraph substitute “section

Notices of Amendments: 3 May 2011
171

Protection of Freedoms Bill, continued

113A of that Act, an enhanced criminal record certificate under section 113B

of that Act or up-date information within the meaning given by section

116A(7) of that Act,”.

72D
In section 132(4) (persons authorised to provide pharmaceutical services), in

paragraph (c), for the words from “section 113” to the end of the paragraph

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

given by section 116A(7) of that Act,”.

72E
In section 147A(3) (performers of pharmaceutical services and assistants), in

paragraph (i), for the words from “section 113” to the end of the paragraph

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

given by section 116A(7) of that Act,”.

National Health Service (Wales) Act 2006

72F
The National Health Service (Wales) Act 2006 is amended as follows.

72G
In section 72(3) (regulations as to general opthalmic services), in paragraph

(c), for the words from “section 113” to the end of the paragraph substitute

“section 113A of that Act, an enhanced criminal record certificate under

section 113B of that Act or up-date information within the meaning given by

section 116A(7) of that Act,”.

72H
In section 83(6) (regulations as to pharmaceutical services), in paragraph (i),

for the words from “section 113” to the end of the paragraph substitute “section

113A of that Act, an enhanced criminal record certificate under section 113B

of that Act or up-date information within the meaning given by section

116A(7) of that Act,”.

72I
In section 86(4) (persons authorised to provide pharmaceutical services), in

paragraph (c), for the words from “section 113” to the end of the paragraph

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

given by section 116A(7) of that Act,”.

72J
In section 105(3) (supplementary lists), in paragraph (g), for the words from

“section 113” to the end of the paragraph substitute “section 113A of that Act,

an enhanced criminal record certificate under section 113B of that Act or up-

date information within the meaning given by section 116A(7) of that Act,”.’.

Lynne Featherstone

201

Schedule  8,  page  133,  line  35,  at end insert—

‘In section 119—

(a)
in subsection (2), the words “or for the

purposes of section 24 of the Safeguarding

Vulnerable Groups Act 2006”, and

(b)
subsection (8)(c).

Section 119B(5)(d) and (e).’.

Lynne Featherstone

202

Schedule  8,  page  136,  line  33,  at end insert—

‘In Schedule 9, paragraph 14(7)(c).’.

Notices of Amendments: 3 May 2011
172

Protection of Freedoms Bill, continued

Lynne Featherstone

203

Schedule  8,  page  138,  line  12,  at end insert—

‘Section 124(5).

In section 124A(1)(c), the words “or registered

person”.

Policing and Crime Act 2009
Section 93.’.

Out of date references to certificates of criminal records

Lynne Featherstone

NC16

To move the following Clause:—

‘In section 75(4) of the Data Protection Act 1998 (commencement of section 56

of that Act not to be earlier than the first day on which certain sections of the

Police Act 1997 relating to certificates of criminal records are all in force) for

“sections 112, 113 and 115” substitute “sections 112, 113A and 113B”.’.



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