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Protection of Freedoms Bill (HC Bill 146)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately

as Bill 146—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Theresa May has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Protection of Freedoms Bill are compatible with the

Convention rights.

Contents

  1. Part 1

    Regulation of biometric data

    1. Chapter 1

      Destruction, retention and use of fingerprints etc.

      1. Destruction rule for fingerprints and DNA profiles subject to PACE

        1. 1. Destruction of fingerprints and DNA profiles

      2. Modification of rule for particular circumstances

        1. 2. Material retained pending investigation or proceedings

        2. 3. Persons arrested for or charged with a qualifying offence

        3. 4. Persons arrested for or charged with a minor offence

        4. 5. Persons convicted of a recordable offence

        5. 6. Persons convicted of an offence outside England and Wales

        6. 7. Persons under 18 convicted of first minor offence

        7. 8. Persons given a penalty notice

        8. 9. Material retained for purposes of national security

        9. 10. Material given voluntarily

        10. 11. Material retained with consent

        11. 12. Material obtained for one purpose and used for another

        12. 13. Destruction of copies

      3. Destruction rules for samples and impressions of footwear subject to PACE

        1. 14. Destruction of samples

        2. 15. Destruction of impressions of footwear

      4. Supplementary provision for material subject to PACE

        1. 16. Use of retained material

        2. 17. Exclusions for certain regimes

        3. 18. Interpretation and minor amendments of PACE

      5. Amendments of regimes other than PACE

        1. 19. Amendments of regimes other than PACE

      6. National security determinations

        1. 20. National security: appointment of Commissioner

        2. 21. Reports by Commissioner

        3. 22. Guidance on making a national security determination

      7. Other provisions

        1. 23. Inclusion of DNA profiles on National DNA Database

        2. 24. National DNA Database Strategy Board

        3. 25. Material taken before commencement

    2. Chapter 2

      Protection of biometric information of children in schools etc.

      1. 26. Requirement for consent before processing biometric information

      2. 27. Exceptions and further provision about consent

      3. 28. Interpretation: Chapter 2

  2. Part 2

    Regulation of surveillance

    1. Chapter 1

      Regulation of CCTV and other surveillance camera technology

      1. Code of practice

        1. 29. Code of practice for surveillance camera systems

      2. Procedural requirements

        1. 30. Issuing of code

        2. 31. Alteration or replacement of code

        3. 32. Publication of code

      3. Enforcement and Commissioner

        1. 33. Effect of code

        2. 34. Commissioner in relation to code

        3. 35. Reports by Commissioner

      4. Interpretation

        1. 36. Interpretation: Chapter 1

    2. Chapter 2

      Safeguards for certain surveillance under RIPA

      1. 37. Judicial approval for obtaining or disclosing communications data

      2. 38. Judicial approval for directed surveillance and covert human intelligence

        sources

  3. Part 3

    Protection of property from disproportionate enforcement action

    1. Chapter 1

      Powers of entry

      1. Repealing, adding safeguards or rewriting powers of entry

        1. 39. Repealing etc. unnecessary or inappropriate powers of entry

        2. 40. Adding safeguards to powers of entry

        3. 41. Rewriting powers of entry

        4. 42. Duty to review certain existing powers of entry

        5. 43. Consultation requirements before modifying powers of entry

        6. 44. Procedural and supplementary provisions

        7. 45. Devolution: Scotland and Northern Ireland

        8. 46. Sections 39 to 46: interpretation

      2. Codes of practice in relation to powers of entry

        1. 47. Code of practice in relation to non-devolved powers of entry

        2. 48. Issuing of code

        3. 49. Alteration or replacement of code

        4. 50. Publication of code

        5. 51. Effect of code

        6. 52. Sections 47 to 51: interpretation

        7. 53. Corresponding code in relation to Welsh devolved powers of entry

    2. Chapter 2

      Vehicles left on land

      1. Offence of immobilising etc. vehicles

        1. 54. Offence of immobilising etc. vehicles

      2. Alternative remedies in relation to vehicles left on land

        1. 55. Extension of powers to remove vehicles from land

        2. 56. Recovery of unpaid parking charges

  4. Part 4

    Counter-terrorism powers

    1. Pre-charge detention of terrorist suspects

      1. 57. Permanent reduction of maximum detention period to 14 days

    2. Stop and search powers: general

      1. 58. Repeal of existing stop and search powers

      2. 59. Replacement powers to stop and search persons and vehicles

      3. 60. Replacement powers to stop and search in specified locations

      4. 61. Code of practice

    3. Stop and search powers: Northern Ireland

      1. 62. Stop and search powers in relation to Northern Ireland

  5. Part 5

    Safeguarding vulnerable groups, criminal records etc.

    1. Chapter 1

      Safeguarding of vulnerable groups

      1. Restrictions on scope of regulation

        1. 63. Restriction of scope of regulated activities: children

        2. 64. Restriction of definition of vulnerable adults

        3. 65. Restriction of scope of regulated activities: vulnerable adults

        4. 66. Alteration of test for barring decisions

      2. Abolition of other areas of regulation

        1. 67. Abolition of controlled activity

        2. 68. Abolition of monitoring

      3. Main amendments relating to new arrangements

        1. 69. Information for purposes of making barring decisions

        2. 70. Review of barring decisions

        3. 71. Information about barring decisions

        4. 72. Duty to check whether person barred

        5. 73. Restrictions on duplication with Scottish and Northern Ireland barred lists

      4. Other amendments

        1. 74. Professional bodies

        2. 75. Supervisory authorities

        3. 76. Minor amendments

    2. Chapter 2

      Criminal records

      1. Safeguards in relation to certificates

        1. 77. Restriction on information provided to registered persons

        2. 78. Minimum age for applicants for certificates or to be registered

        3. 79. Enhanced criminal record certificates: additional safeguards

      2. Up-dating and content of certificates

        1. 80. Up-dating certificates

        2. 81. Criminal conviction certificates: conditional cautions

    3. Chapter 3

      Disregarding certain convictions for buggery etc.

      1. General

        1. 82. Power of Secretary of State to disregard convictions or cautions

        2. 83. Applications to the Secretary of State

        3. 84. Procedure for decisions by the Secretary of State

      2. Effect of disregard

        1. 85. Effect of disregard on police and other records

        2. 86. Effect of disregard for disclosure and other purposes

        3. 87. Saving for Royal pardons etc.

        4. 88. Section 86: supplementary

      3. Appeals and other supplementary provision

        1. 89. Appeal against refusal to disregard convictions or cautions

        2. 90. Advisers

        3. 91. Interpretation: Chapter 3

  6. Part 6

    Freedom of information and data protection

    1. Publication of certain datasets

      1. 92. Release and publication of datasets held by public authorities

    2. Other amendments relating to freedom of information

      1. 93. Meaning of “publicly-owned company”

      2. 94. Extension of certain provisions to Northern Ireland bodies

    3. The Information Commissioner

      1. 95. Appointment and tenure of Information Commissioner

      2. 96. Alteration of role of Secretary of State in relation to guidance powers

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

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

  7. Part 7

    Miscellaneous and general

    1. Miscellaneous repeals of enactments

      1. 99. Repeal of provisions for conducting certain fraud cases without jury

      2. 100. Removal of restrictions on times for marriage or civil partnership

    2. General

      1. 101. Consequential amendments, repeals and revocations

      2. 102. Transitional, transitory or saving provision

      3. 103. Financial provisions

      4. 104. Channel Islands and Isle of Man

      5. 105. Extent

      6. 106. Commencement

      7. 107. Short title

    1. Schedule 1

      Amendments of regimes other than PACE

      1. Part 1

        Material subject to the Terrorism Act 2000

      2. Part 2

        Material subject to the International Criminal Court Act 2001

      3. Part 3

        Material subject to section 18 of the Counter-Terrorism Act

        2008

      4. Part 4

        Material subject to the Criminal Procedure (Scotland) Act 1995

      5. Part 5

        Material subject to the Criminal Justice (Scotland) Act 2003

      6. Part 6

        Material subject to the Police and Criminal Evidence

        (Northern Ireland) Order 1989

    2. Schedule 2

      Repeals etc. of powers of entry

      1. Part 1

        Water and Environment

      2. Part 2

        Agriculture

      3. Part 3

        Miscellaneous

    3. Schedule 3

      Corresponding code of practice for Welsh devolved powers of

      entry

    4. Schedule 4

      Recovery of unpaid parking charges

    5. Schedule 5

      Replacement powers to stop and search: supplementary

      provisions

    6. Schedule 6

      Stop and search powers: Northern Ireland

    7. Schedule 7

      Consequential amendments

      1. Part 1

        Destruction, retention and use of fingerprints etc.

      2. Part 2

        Safeguards for certain surveillance under RIPA

      3. Part 3

        Vehicles left on land

      4. Part 4

        Counter-terrorism powers

      5. Part 5

        Safeguarding of vulnerable groups

      6. Part 6

        Criminal records

      7. Part 7

        Disregarding certain convictions for buggery etc.

      8. Part 8

        Repeal of provisions for conducting certain fraud cases

        without jury

    8. Schedule 8

      Repeals and revocations

      1. Part 1

        Destruction, retention and use of fingerprints etc.

      2. Part 2

        Powers of entry

      3. Part 3

        Vehicles left on land

      4. Part 4

        Counter-terrorism powers

      5. Part 5

        Safeguarding of vulnerable groups

      6. Part 6

        Criminal records

      7. Part 7

        Freedom of information

      8. Part 8

        The Information Commissioner

      9. Part 9

        Repeal of provisions for conducting certain fraud cases

        without jury

      10. Part 10

        Removal of restrictions on times for marriage or civil

        partnership

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