Protection of Freedoms Bill (HC Bill 146)

(c) the day on which a claim for payment by the registered keeper of the

unpaid parking charges is first made by virtue of the right conferred

by paragraph 4 is within the period of 60 days beginning with the

day on which that information was provided by the Secretary of

5State.

(3) Information provided by the Secretary of State as mentioned in sub-

paragraph (2) may be used for the purposes of any claim by virtue of the

right conferred by paragraph 4 for payment of unpaid parking charges

which is made by the same creditor in relation to a period of parking by the

10same vehicle (subject to the limitation in sub-paragraph (2)(c)).

(4) For the purposes of sub-paragraph (2)(c), a claim is “first made” on the day

when the creditor gives to the registered keeper a written demand for

payment of the unpaid parking charges (which may be given by handing it

to the keeper or by leaving it at or sending it by post to a current address for

15service for the keeper).

(5) In this paragraph “current address for service” means an address at which

documents relating to civil proceedings against the keeper to enforce the

right conferred by paragraph 4 could properly be served under Civil

Procedure Rules.

20Application to Crown vehicles etc

8 (1) The provisions of this Schedule apply to—

(a) vehicles in the public service of the Crown that are required to be

registered under the Vehicle Excise and Registration Act 1994 (other

than a vehicle exempted by sub-paragraph (2)), and

(b) 25any person in the public service of the Crown who is the keeper of a

vehicle falling within paragraph (a).

(2) But this Schedule does not apply in relation to a vehicle that—

(a) at the relevant time is used or appropriated for use for naval, military

or air force purposes, or

(b) 30belongs to any visiting forces (within the meaning of the Visiting

Forces Act 1952) or is at the relevant time used or appropriated for

use by such forces.

Power to amend Schedule

9 (1) The appropriate national authority may by order made by statutory

35instrument amend this Schedule for the purpose of—

(a) adding to, removing or amending the exceptions for the time being

mentioned in paragraph 3(1);

(b) amending the definition of “traffic authority” in paragraph 3(2);

(c) amending or removing the exception in paragraph 4(3) or adding

40further exceptions applying to the right conferred by paragraph 4;

(d) adding to, removing or amending the conditions to which that right

is for the time being subject.

(2) The power to amend this Schedule for a purpose falling within sub-

paragraph (1)(d) includes power to amend the requirements for the time

45being mentioned in paragraph 6(2) (whether by adding to, removing or

altering any of those requirements).

(3) An order under this paragraph may—

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision and savings;

(c) make different provision for different cases, areas or purposes.

(4) 5A statutory instrument containing an order under this paragraph—

(a) in the case of an order of the Secretary of State, is not to be made

unless a draft of the instrument has been laid before, and approved

by a resolution of, each House of Parliament;

(b) in the case of an order of the Welsh Ministers, is not to be made

10unless a draft of the instrument has been laid before, and approved

by a resolution of, the National Assembly for Wales.

Section 60(2)

SCHEDULE 5 Replacement powers to stop and search: supplementary provisions

After Schedule 6A to the Terrorism Act 2000 insert—

“Schedule 6B 15Searches in specified areas or places: supplementary

Extent of search powers: supplementary

1 A constable exercising the power conferred by an authorisation

under section 43B may not require a person to remove any

clothing in public except for headgear, footwear, an outer coat, a

20jacket or gloves.

2 (1) Sub-paragraph (2) applies if a constable proposes to search a

person or vehicle by virtue of section 43B(2) or (3).

(2) The constable may detain the person or vehicle for such time as is

reasonably required to permit the search to be carried out at or

25near the place where the person or vehicle is stopped.

Requirements as to writing

3 A senior police officer who gives an authorisation under section

43B orally must confirm it in writing as soon as reasonably

practicable.

4 (1) 30Where—

(a) a vehicle or pedestrian is stopped by virtue of section

43B(2) or (3), and

(b) the driver of the vehicle or the pedestrian applies for a

written statement that the vehicle was stopped, or that the

35pedestrian was stopped, by virtue of section 43B(2) or (as

the case may be) (3),

the written statement must be provided.

(2) An application under sub-paragraph (1) must be made within the

period of 12 months beginning with the date on which the vehicle

or pedestrian was stopped.

Duration of authorisations

5 (1) 5An authorisation under section 43B has effect during the period—

(a) beginning at the time when the authorisation is given, and

(b) ending with the specified date or at the specified time.

(2) This paragraph is subject as follows.

6 The specified date or time must not occur after the end of the

10period of 14 days beginning with the day on which the

authorisation is given.

7 (1) The senior police officer who gives an authorisation must inform

the Secretary of State of it as soon as reasonably practicable.

(2) An authorisation ceases to have effect at the end of the period of

1548 hours beginning with the time when it is given unless it is

confirmed by the Secretary of State before the end of that period.

(3) An authorisation ceasing to have effect by virtue of sub-paragraph

(2) does not affect the lawfulness of anything done in reliance on

it before the end of the period concerned.

(4) 20When confirming an authorisation, the Secretary of State may—

(a) substitute an earlier date or time for the specified date or

time;

(b) substitute a more restricted area or place for the specified

area or place.

8 25The Secretary of State may cancel an authorisation with effect from

a time identified by the Secretary of State.

9 (1) A senior police officer may—

(a) cancel an authorisation with effect from a time identified

by the officer concerned;

(b) 30substitute an earlier date or time for the specified date or

time;

(c) substitute a more restricted area or place for the specified

area or place.

(2) Any such cancellation or substitution in relation to an

35authorisation confirmed by the Secretary of State under paragraph

7 does not require confirmation by the Secretary of State.

10 An authorisation given by a member of the Civil Nuclear

Constabulary does not have effect except in relation to times when

the specified area or place is a place where members of that

40Constabulary have the powers and privileges of a constable.

11 The existence, expiry or cancellation of an authorisation does not

prevent the giving of a new authorisation.

Specified areas or places

12 (1) An authorisation given by a senior police officer who is not a

member of the British Transport Police Force, the Ministry of

Defence Police or the Civil Nuclear Constabulary may specify an

5area or place together with—

(a) the internal waters adjacent to that area or place; or

(b) a specified area of those internal waters.

(2) In sub-paragraph (1) “internal waters” means waters in the United

Kingdom that are not comprised in any police area.

13 10Where an authorisation specifies more than one area or place—

(a) the power of a senior police officer under paragraph

5(1)(b) to specify a date or time includes a power to specify

different dates or times for different areas or places (and

the other references in this Schedule to the specified date or

15time are to be read accordingly), and

(b) the power of the Secretary of State under paragraph

7(4)(b), and of a senior police officer under paragraph

9(1)(c), includes a power to remove areas or places from

the authorisation.

20Interpretation

14 (1) In this Schedule—

• “driver” has the meaning given by section 43A(5);

• “senior police officer” means—

  (a)

  in relation to an authorisation where the specified
  
  25area or place is the whole or part of a police area
  
  outside Northern Ireland, other than of a police area
  
  mentioned in paragraph (b) or (c), a police officer for
  
  the area who is of at least the rank of assistant chief
  
  constable;

  (b)

  30in relation to an authorisation where the specified
  
  area or place is the whole or part of the metropolitan
  
  police district, a police officer for the district who is of
  
  at least the rank of commander of the metropolitan
  
  police;

  (c)

  35in relation to an authorisation where the specified
  
  area or place is the whole or part of the City of
  
  London, a police officer for the City who is of at least
  
  the rank of commander in the City of London police
  
  force;

  (d)

  40in relation to an authorisation where the specified
  
  area or place is the whole or part of Northern Ireland,
  
  a member of the Police Service of Northern Ireland
  
  who is of at least the rank of assistant chief constable;

• “specified” means specified in an authorisation.

(2) 45References in this Schedule to a senior police officer are to be read

as including—

(a) in relation to an authorisation where the specified area or

place is the whole or part of a police area outside Northern

Ireland and is in a place described in section 34(1A), a

member of the British Transport Police Force who is of at

least the rank of assistant chief constable;

(b) in relation to an authorisation where the specified area or

5place is a place to which section 2(2) of the Ministry of

Defence Police Act 1987 applies, a member of the Ministry

of Defence Police who is of at least the rank of assistant

chief constable;

(c) in relation to an authorisation where the specified area or

10place is a place in which members of the Civil Nuclear

Constabulary have the powers and privileges of a

constable, a member of that Constabulary who is of at least

the rank of assistant chief constable;

but such references are not to be read as including a member of the

15British Transport Police Force, the Ministry of Defence Police or

the Civil Nuclear Constabulary in any other case.”

Section 62

SCHEDULE 6 Stop and search powers: Northern Ireland

1 (1) Paragraph 4 of Schedule 3 to the Justice and Security (Northern Ireland) Act

202007 (stopping and searching persons in relation to unlawful munitions and

wireless apparatus) is amended as follows.

(2) In sub-paragraph (1) (power to stop and search without reasonable

suspicion) for “An officer” substitute “A member of Her Majesty’s forces

who is on duty”.

(3) 25In sub-paragraph (2)—

(a) for “officer”, in the first place where it appears, substitute “member

of Her Majesty’s forces who is on duty”, and

(b) for “officer”, in the second place where it appears, substitute

“member concerned”.

(4) 30After sub-paragraph (3) insert—

“(4) A constable may search a person (whether or not that person is in

a public place) whom the constable reasonably suspects to have

munitions unlawfully with him or to have wireless apparatus with

him.”

(5) 35In the italic cross-heading before paragraph 4, at the end, insert “: general”.

2 After paragraph 4 of that Schedule to that Act insert—

“Stopping and searching persons in specified locations

4A (1) A senior officer may give an authorisation under this paragraph in

relation to a specified area or place if the officer—

(a) 40reasonably suspects (whether in relation to a particular

case, a description of case or generally) that the safety of

any person might be endangered by the use of munitions

or wireless apparatus, and

(b) considers that—

(i) the authorisation is necessary to prevent such

danger,

(ii) the specified area or place is no greater than is

5necessary to prevent such danger, and

(iii) the duration of the authorisation is no longer than

is necessary to prevent such danger.

(2) An authorisation under this paragraph authorises any constable to

stop a person in the specified area or place and to search that

10person.

(3) A constable may exercise the power conferred by an authorisation

under this paragraph only for the purpose of ascertaining whether

the person has munitions unlawfully with that person or wireless

apparatus with that person.

(4) 15But the power conferred by such an authorisation may be

exercised whether or not the constable reasonably suspects that

there are such munitions or wireless apparatus.

(5) A constable exercising the power conferred by an authorisation

under this paragraph may not require a person to remove any

20clothing in public except for headgear, footwear, an outer coat, a

jacket or gloves.

(6) Where a constable proposes to search a person by virtue of an

authorisation under this paragraph, the constable may detain the

person for such time as is reasonably required to permit the search

25to be carried out at or near the place where the person is stopped.

(7) A senior officer who gives an authorisation under this paragraph

orally must confirm it in writing as soon as reasonably practicable.

(8) In this paragraph and paragraphs 4B to 4I—

• “senior officer” means an officer of the Police Service of
  
  30Northern Ireland of at least the rank of assistant chief
  
  constable,

• “specified” means specified in an authorisation.

4B (1) An authorisation under paragraph 4A has effect during the

period—

(a) 35beginning at the time when the authorisation is given, and

(b) ending with the specified date or at the specified time.

(2) This paragraph is subject as follows.

4C The specified date or time must not occur after the end of the

period of 14 days beginning with the day on which the

40authorisation is given.

4D (1) The senior officer who gives an authorisation must inform the

Secretary of State of it as soon as reasonably practicable.

(2) An authorisation ceases to have effect at the end of the period of

48 hours beginning with the time when it is given unless it is

45confirmed by the Secretary of State before the end of that period.

(3) An authorisation ceasing to have effect by virtue of sub-paragraph

(2) does not affect the lawfulness of anything done in reliance on

it before the end of the period concerned.

(4) When confirming an authorisation, the Secretary of State may—

(a) 5substitute an earlier date or time for the specified date or

time;

(b) substitute a more restricted area or place for the specified

area or place.

4E The Secretary of State may cancel an authorisation with effect from

10a time identified by the Secretary of State.

4F (1) A senior officer may—

(a) cancel an authorisation with effect from a time identified

by the officer concerned;

(b) substitute an earlier date or time for the specified date or

15time;

(c) substitute a more restricted area or place for the specified

area or place.

(2) Any such cancellation or substitution in relation to an

authorisation confirmed by the Secretary of State under paragraph

204D does not require confirmation by the Secretary of State.

4G The existence, expiry or cancellation of an authorisation does not

prevent the giving of a new authorisation.

4H (1) An authorisation under paragraph 4A given by a senior officer

may specify—

(a) 25the whole or part of Northern Ireland,

(b) the internal waters or any part of them, or

(c) any combination of anything falling within paragraph (a)

and anything falling within paragraph (b).

(2) In sub-paragraph (1)(b) “internal waters” means waters in the

30United Kingdom which are adjacent to Northern Ireland.

(3) Where an authorisation specifies more than one area or place—

(a) the power of a senior officer under paragraph 4B(1)(b) to

specify a date or time includes a power to specify different

dates or times for different areas or places (and the other

35references in this Schedule to the specified date or time are

to be read accordingly), and

(b) the power of the Secretary of State under paragraph

4D(4)(b), and of a senior officer under paragraph 4F(1)(c),

includes a power to remove areas or places from the

40authorisation.

4I (1) Sub-paragraph (2) applies if any decision of—

(a) a senior officer to give, vary or cancel an authorisation

under paragraph 4A, or

(b) the Secretary of State to confirm, vary or cancel such an

45authorisation,

is challenged on judicial review or in any other legal proceedings.

(2) The Secretary of State may issue a certificate that—

(a) the interests of national security are relevant to the

decision, and

(b) the decision was justified.

(3) 5The Secretary of State must notify the person making the challenge

(“the claimant”) if the Secretary of State intends to rely on a

certificate under this paragraph.

(4) Where the claimant is notified of the Secretary of State’s intention

to rely on a certificate under this paragraph—

(a) 10the claimant may appeal against the certificate to the

Tribunal established under section 91 of the Northern

Ireland Act 1998, and

(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect

of appeal, procedure and further appeal) apply but subject

15to sub-paragraph (5).

(5) In its application by virtue of sub-paragraph (4)(b), section 90(3) of

the Act of 1998 is to be read as if for the words from “subsection”

to “that purpose,” there were substituted “paragraph 4I(4)(a) of

Schedule 3 to the Justice and Security (Northern Ireland) Act 2007

20the Tribunal determines that—

“(a) the interests of national security are relevant to the decision

to which the certificate relates, and

(b) the decision was justified,”.

(6) Rules made under section 91 or 92 of the Act of 1998 which are in

25force immediately before this paragraph comes into force have

effect in relation to a certificate under this paragraph—

(a) with any necessary modifications, and

(b) subject to any later rules made by virtue of sub-paragraph

(4)(b).”

3 30In paragraph 9(1) of that Schedule to that Act (offence of failing to stop when

required to do so) after “paragraph 4” insert “or by virtue of paragraph 4A”.

Section 101(1)

SCHEDULE 7 Consequential amendments

Part 1 35Destruction, retention and use of fingerprints etc.

Police and Criminal Evidence Act 1984

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

(2) In section 63 (non-intimate samples), in subsection (3A)(c)(i) (as amended by

section 2 of the Crime and Security Act 2010), for “64ZA” substitute “63Q”.

(3) 40Omit section 64 (as not substituted by section 14(1) of the Crime and Security

Act 2010) (destruction of fingerprints and samples).

Crime and Security Act 2010

2 (1) The Crime and Security Act 2010 is amended as follows.

(2) Omit sections 14, 16 to 21 and 23 (retention, destruction and use of

fingerprints and samples etc.).

(3) 5In section 22 (destruction of material taken before commencement)—

(a) in subsection (1)(a), for “each of sections 14, 15 and 17 to 21”

substitute “section 15”, and

(b) omit subsection (2).

(4) In section 58 (extent) omit subsections (4) and (6) to (8).

10Part 2 Safeguards for certain surveillance under RIPA

Regulation of Investigatory Powers Act 2000

3 The Regulation of Investigatory Powers Act 2000 is amended as follows.

4 In section 22(6) (duty of postal or telecommunications operator to comply

15with notice to obtain and disclose communications data) after “shall” insert

“, subject to section 23A,”.

5 After section 23(2) (form and duration of authorisations and notices relating

to communications data) insert—

“(2A) The words in paragraph (a) of subsections (1) and (2) from “or” to the

20end of the paragraph do not apply in relation to—

(a) an authorisation under section 22(3), (3B) or (3F) to which

section 23A applies, or

(b) a notice under section 22(4) to which section 23A applies.”

6 (1) Section 43 (general rules about grant, renewal and duration of

25authorisations relating to surveillance and human intelligence sources) is

amended as follows.

(2) After subsection (1) insert—

“(1A) Subsection (1)(a) does not apply in relation to an authorisation under

section 28 or 29 to which section 32A applies.”

(3) 30In subsection (9)(c) after “section” insert “32A or”.

7 (1) Section 57 (Interception of Communications Commissioner) is amended as

follows.

(2) In subsection (2) for “subsection (4)” substitute “subsections (4) and (4A)”.

(3) After subsection (4) insert—

“(4A) 35It shall not be the function of the Interception of Communications

Commissioner to keep under review the exercise by the relevant

judicial authority (within the meaning of section 23A) of functions

under that section or section 23B.”

8 After section 62(2) (functions of Chief Surveillance Commissioner) insert—

“(2A) It shall not by virtue of this section be the function of the Chief

Surveillance Commissioner to keep under review the exercise by a

judicial authority of functions under section 32A or 32B.”

9 (1) 5Section 65 (the Tribunal) is amended as follows.

(2) In subsection (7) after “but” insert “, subject to subsection (7ZA),”.

(3) After subsection (7) insert—

“(7ZA) The exception in subsection (7) so far as conduct is authorised by, or

takes place with the permission of, a judicial authority does not

10include conduct authorised by an approval given under section 23A

or 32A.”

10 In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and

before “and”), insert—

“(aa) an order quashing an order under section 23A or 32A by the

15relevant judicial authority (within the meaning of that

section);”.

11 In section 71(2) (issue and revision of codes of practice) after

“Commissioners” insert “or the relevant judicial authority (within the

meaning of section 23A or 32A)”.

12 20After section 77 (Ministerial expenditure etc.) insert—

“77A Procedure for order of sheriff under section 23A or 32A: Scotland

(1) The Secretary of State may by order make further provision about the

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

the sheriff for an order under section 23A or 32A.

(2) 25Such an order may, in particular, provide—

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

application may be made,

(b) that the sheriff is to determine an application—

(i) in chambers,

(ii) 30in 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) 35the person to whom the authorisation or notice which

is the subject of the order relates, or

(ii) such a person’s legal representatives.

(3) The Court of Session’s power under section 32 of the Sheriff Courts

(Scotland) Act 1971 to regulate and prescribe the procedure and

40practice to be followed in relation to an application to the sheriff 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.”

13 In section 78(3)(a) (exceptions to negative procedure for statutory

45instruments)—