Protection of Freedoms Bill (HC Bill 146)

(a) after “22(9),” insert “23A(6),”, and

(b) after “30(7),” insert “32A(7),”.

Part 3 Vehicles left on land

5Road Traffic Regulation Act 1984

14 (1) Section 102 of the Road Traffic Regulation Act 1984 (charges for removal,

storage and disposal of vehicles) is amended as follows.

(2) In subsection (1)(b) for “, or from land in the open air,” substitute “or other

land”.

(3) 10In subsection (8), in the definition of “appropriate authority”, in paragraph

(b), for “land in the open air” substitute “other land”.

Airports Act 1986

15 (1) Section 66 of the Airports Act 1986 (functions of operators of designated

airports as respects abandoned vehicles) is amended as follows.

(2) 15In subsection (2)(a) for the words from “from roads if” to “abandoned”

substitute “illegally, obstructively or dangerously parked, or abandoned or

broken down”.

(3) In subsection (3)—

(a) omit paragraph (b) (but not the word “or” at the end of the

20paragraph), and

(b) in paragraph (c), for “any of those sections” substitute “that section”.

(4) In the heading, after “abandoned vehicles” insert “etc.”.

Private Security Industry Act 2001

16 (1) The Private Security Industry Act 2001 is amended as follows.

(2) 25In section 3(2) (conduct subject to a licence)—

(a) after paragraph (h) insert “or”, and

(b) omit paragraph (j) and the word “or” before it.

(3) In section 4A(2) (licensable conduct)—

(a) omit paragraph (a),

(b) 30omit paragraph (b) and the word “or” at the end of the paragraph,

and

(c) in paragraph (c), omit “other”.

(4) Omit section 6 (offence of using unlicensed wheel-clampers).

(5) Omit section 22A (charges for vehicle release: appeals).

(6) 35In section 24(4) (orders and regulations) omit the words from “(except” to

“or 22A)”.

(7) In section 25(1) (interpretation) omit the definition of “motor vehicle”.

(8) In Schedule 2 (activities liable to control) omit the following—

(a) paragraph 3,

(b) paragraph 3A,

(c) paragraph 9, and

(d) paragraph 9A.

5Part 4 Counter-terrorism powers

Police and Criminal Evidence Act 1984

17 After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of

practice in relation to statutory search powers etc.) insert—

“(3) 10Nothing in this section requires the Secretary of State to issue a code

of practice in relation to any matter falling within the code of practice

issued under section 43D(2) of the Terrorism Act 2000 (as that code

is altered or replaced from time to time) (code of practice in relation

to terrorism powers to search persons and vehicles and to stop and

15search in specified locations).”

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12))

18 In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (codes of practice in relation to statutory search powers etc.)—

(a) the existing provisions become paragraph (1), and

(b) 20after that paragraph insert—

“(2) Nothing in this Article requires the issuing of a code of

practice in relation to any matter falling within the code of

practice issued under section 43D(2) of the Terrorism Act

2000 (as that code is altered or replaced from time to time)

25(code of practice in relation to terrorism powers to search

persons and vehicles and to stop and search in specified

locations).”

Terrorism Act 2000

19 The Terrorism Act 2000 is amended as follows.

20 30In the italic cross-heading before section 40, after “Suspected terrorists”

insert “, vehicles and acts of terrorism”.

21 (1) Section 123 (orders and regulations) is amended as follows.

(2) In subsection (4), after paragraph (aa), insert—

“(ab) section 43D;”.

(3) 35In subsection (5), after “paragraph (aa)” insert “, (ab)”.

22 (1) Schedule 8 (detention) is amended as follows.

(2) In paragraph 36, in sub-paragraph (1A), for the words from “is” to the end

of the sub-paragraph substitute “a judicial authority”.

(3) In paragraph 36 omit—

(a) 40sub-paragraph (1B),

(b) in sub-paragraph (3AA), the words “or senior judge” in both places

where they appear,

(c) in sub-paragraph (4), the words from “but” onwards,

(d) in sub-paragraph (5), the words “or senior judge”, and

(e) 5sub-paragraph (7).

(4) In paragraph 37(2) omit “or senior judge”.

Regulation of Investigatory Powers Act 2000

23 In paragraph 6(3) of Schedule 2 to the Regulation of Investigatory Powers

Act 2000 (general requirements relating to the appropriate permission)—

(a) 10in paragraph (a) for “section 44” substitute “section 43B”,

(b) in paragraph (b)—

(i) at the beginning insert “section 44 of the Terrorism Act 2000

or”, and

(ii) for “of section 44” substitute “of section 43B”, and

(c) 15after “mentioned in” insert “paragraph 14(1) and (2) of Schedule 6B

to that Act of 2000 (see the definition of “senior police officer”),”.

Criminal Justice and Police Act 2001

24 In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of

seizure to which section 50 of that Act applies), after paragraph 69 and the

20italic cross-heading relating to the Terrorism Act 2000, insert—

“69A The power of seizure conferred by section 43(4B)(b) of the

Terrorism Act 2000 (seizure on the occasion of a search of a vehicle

in relation to a person suspected of being a terrorist).

69B The power of seizure conferred by section 43A(3) of the Terrorism

25Act 2000 (seizure on the occasion of a search of a vehicle suspected

of being used for the purposes of terrorism).”

25 In Part 2 of that Schedule to that Act (powers of seizure to which section 51

of that Act applies) after paragraph 82 insert—

“82A The power of seizure conferred by section 43A(3) of the Terrorism

30Act 2000 (seizure on the occasion of a search of a vehicle suspected

of being used for the purposes of terrorism).”.

Police Reform Act 2002

26 In paragraph 15(1) of Schedule 4 to the Police Reform Act 2002 (powers of

stop and search for community support officers)—

(a) 35in paragraph (a)—

(i) for “section 44(1)(a) and (d) and (2)(b) and 45(2)” substitute

“section 43B(2)(a) and (d), (3)(b) and (6)”,

(ii) in sub-paragraph (iv) for “any article” substitute “anything

which is”, and

(iii) 40also in sub-paragraph (iv), for “section 44(1) or (2) of that Act”

substitute “section 43B(2) or (3) of that Act and which he

reasonably suspects may constitute evidence that the vehicle

concerned is being used for the purposes of terrorism or (as

the case may be) that the person concerned is a person falling

within section 40(1)(b) of that Act”, and

(b) in paragraph (b) for “subsections (1) and (4) of section 45 of”

substitute “subsections (4) and (5) of section 43B of, and paragraphs

51 and 2 of Schedule 6B to,”.

Police (Northern Ireland) Act 2003

27 In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003

(powers of stop and search for community support officers)—

(a) in sub-paragraph (1)—

(i) 10for “sections 44(1)(a) and (d) and (2)(b) and 45(2)” substitute

“section 43B(2)(a) and (d), (3)(b) and (6)”,

(ii) in paragraph (d) for “any article” substitute “anything which

is”, and

(iii) also in paragraph (d), for “section 44(1) or (2) of that Act”

15substitute “section 43B(2) or (3) of that Act and which he

reasonably suspects may constitute evidence that the vehicle

concerned is being used for the purposes of terrorism or (as

the case may be) that the person concerned is a person falling

within section 40(1)(b) of that Act”, and

(b) 20in sub-paragraph (2) for “subsections (1) and (4) of section 45 of”

substitute “subsections (4) and (5) of section 43B of, and paragraphs

1 and 2 of Schedule 6B to,”.

Counter-Terrorism Act 2008

28 In section 1(1) of the Counter-Terrorism Act 2008 (power to remove

25documents for examination), after paragraph (b), insert—

“(ba) section 43(4B) of that Act (search of vehicle in relation to

suspected terrorist);

(bb) section 43A of that Act (search of vehicle suspected of being

used for the purposes of terrorism);”.

30Part 5 Safeguarding of vulnerable groups

Police Act 1997

29 The Police Act 1997 is amended as follows.

30 In section 113BA(2) (suitability information relating to children) omit

35paragraphs (b) to (d).

31 In section 113BB(2) (suitability information relating to vulnerable adults)

omit paragraphs (b) to (d).

Safeguarding Vulnerable Groups Act 2006

32 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

33 40In section 4(1) (appeals)—

(a) omit paragraph (a),

(b) in paragraph (b)—

(i) after “paragraph” insert “2,”,

(ii) after “5,” insert “8,”, and

(iii) for “that Schedule” substitute “Schedule 3”, and

(c) 5in paragraph (c) for “or 18” substitute “, 18 or 18A”.

34 In section 5(4) (regulated activity)—

(a) omit “section 10(3);”, and

(b) omit “paragraph 4 of Schedule 6”.

35 In section 6(8) (regulated activity providers)—

(a) 10in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or

8(1)(a), (d) or (e)” substitute “paragraph 1(9) or 7(9)”,

(b) omit paragraph (c), and

(c) in paragraph (d)—

(i) for “paragraph (a), (b) or (f) of section 59(10)” substitute

15“paragraph 7(3E)(a) or (b) of Schedule 4”, and

(ii) for “mentioned in that paragraph” substitute “exercisable by

virtue of that position”.

36 In section 7(5) (barred person not to engage in regulated activity) omit

paragraphs (b) and (c).

37 20Omit section 8 (person not to engage in regulated activity unless subject to

monitoring).

38 In section 9(5) (use of barred person for regulated activity) omit paragraphs

(b) and (c).

39 Omit section 10 (use of person not subject to monitoring for regulated

25activity).

40 Omit section 11 and Schedule 5 (regulated activity provider: failure to

check).

41 Omit section 12 and Schedule 6 (personnel suppliers: failure to check).

42 Omit section 13 (educational establishments: check on members of

30governing body).

43 Omit section 14 (office holders: offences).

44 Omit section 15 (sections 13 and 14: checks).

45 Omit section 16 (exception to requirement to make monitoring check).

46 Omit section 17 (NHS employment).

47 (1) 35Section 18 (offences: companies etc.) is amended as follows.

(2) In subsection (1)—

(a) omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

(3) In subsection (2)—

(a) 40omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

48 (1) Section 19 (offences: other persons) is amended as follows.

(2) Omit subsection (1).

(3) Omit subsections (3) and (4).

(4) Omit subsections (6) and (7).

(5) 5In subsection (8)—

(a) for “subsections (2)(b) and (3)(b)” substitute “subsection (2)(b)”, and

(b) omit paragraphs (b) and (c).

(6) Omit subsection (9).

49 In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).

50 10In section 35 (regulated activity providers: duty to refer)—

(a) in subsection (1), omit paragraph (b), and

(b) omit subsection (6).

51 (1) Section 36 (personnel suppliers: duty to refer) is amended as follows.

(2) In subsection (1) omit “or controlled activity”.

(3) 15In subsection (3)(a) omit “or controlled”.

52 (1) Section 37 (regulated activity providers: duty to provide information on

request etc.) is amended as follows.

(2) In subsection (2)—

(a) omit paragraph (b), and

(b) 20in paragraph (d), omit “or controlled”.

(3) In subsection (4) omit “or controlled”.

(4) In subsection (5) omit “or controlled”.

53 In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3

for “Either of” substitute “Any of”.

54 25In section 51(5) (Crown application) omit paragraph (b).

55 (1) Section 54 (devolution: alignment) is amended as follows.

(2) In subsection (2) omit paragraph (a).

(3) In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).

(4) In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).

(5) 30Omit subsection (5).

56 (1) Section 56 (devolution: Wales) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2)—

(a) omit paragraphs (a) and (c), and

(b) 35in paragraphs (d) and (e), omit “or (8)”.

(4) In subsection (3)—

(a) omit paragraphs (b) to (f),

(b) after paragraph (f) insert—

“(fa) section 34ZA(7),”,

(c) omit paragraph (j),

(d) in paragraph (l) for “41(1), (5) or (8)” substitute “41(8)”,

(e) 5omit paragraph (n),

(f) in paragraph (r) for “7(1)(f)” substitute “7(1)(i) or (j)”, and

(g) omit paragraphs (s) and (t).

57 In section 57(1)(c) (damages) omit “prescribed”.

58 (1) Section 60 (interpretation) is amended as follows.

(2) 10In subsection (1), in paragraph (b) of the definition of “personnel supplier”,

omit “or controlled”.

(3) Omit subsection (3).

59 In section 61(3) (orders and regulations)—

(a) omit paragraphs (b) to (e),

(b) 15at the end of paragraph (h) insert “or”, and

(c) omit paragraph (j) and the word “or” before it.

60 In paragraph 25(1) of Schedule 3 (duty of court to inform certain persons that

ISA will include them in a barred list) for “will” substitute “may”.

61 (1) Schedule 7 (vetting information) is amended as follows.

(2) 20In paragraph 1—

(a) for “sections 30 and 32” substitute “sections 30A and 30B”, and

(b) omit entries 3, 4, 7, 8 and 17 in the table.

(3) Omit paragraph 3(3).

(4) In the heading to the Schedule for “VETTING INFORMATION” substitute

25“BARRING INFORMATION”.

62 In Schedule 8 (transitional provisions) omit paragraph 5.

Part 6 Criminal records

Police Act 1997

63 30The Police Act 1997 is amended as follows.

64 (1) Section 117 (disputes about accuracy of certificates) is amended as follows.

(2) In the title, for “accuracy of certificates” substitute “certificates and up-date

information”.

(3) After subsection (1) insert—

“(1A) 35Where a person believes that the wrong up-date information has

been given under section 116A in relation to the person’s certificate,

the person may make an application in writing to the Secretary of

State for corrected up-date information.”

(4) In subsection (2)—

(a) after “inaccurate” insert “, or that the wrong up-date information has

been given,”, and

(b) after “new certificate” insert “or (as the case may be) corrected up-

date information”.

(5) 5After subsection (2C) (for which see section 79(4) above) insert—

“(2D) In this section—

• “corrected up-date information”, in relation to a certificate,
  
  means information which includes—

  (a)

  information that the wrong up-date information was
  
  10given in relation to the certificate on a particular date,
  
  and

  (b)

  new up-date information in relation to the certificate,

• “up-date information” has the same meaning as in section
  
  116A.”

65 15In section 118(1) (evidence of identity), after “consider” insert “an

application as mentioned in section 116A(4)(a) or (5)(a) or”.

66 (1) Section 119 (sources of information) is amended as follows.

(2) In subsection (1B), for the words from “determining” to the end substitute

“deciding whether to make a request to that chief officer under section

20113B(4)”.

(3) In subsection (4), at the end of paragraph (a), after “registration;” insert—

“(aa) any application as mentioned in section 116A(4)(a) or (5)(a);”.

(4) In subsection (8), at the end of paragraph (a), insert—

“(aa) under this Part in relation to any request under section

25116A(1);”.

67 (1) Section 119B (independent monitor) is amended as follows.

(2) Omit subsection (5)(a).

(3) In subsection (5)(c), omit the words from “or disclosed” to the end.

68 After section 122(1) (code of practice) insert—

“(1A) 30The reference in subsection (1) to the use of information provided to

registered persons under this Part includes a reference to the use of

information provided in accordance with section 116A(1) to relevant

persons (within the meaning of that section) who are not registered

persons under this Part.”

69 35Omit section 122(3A)(a) (power of Secretary of State to refuse to issue

certificate where failure to comply with code of practice by, or in connection

with, registered person).

70 After section 124A(6) (offences relating to disclosure of information

obtained in connection with delegated function) insert—

“(6A) 40For the purposes of this section the reference to an applicant includes

a person who makes a request under section 116A(1).”

71 After section 125B(2) (form of applications) insert—

“(3) In this section “application” includes a request under section

116A(1).”

72 In section 126(1) (interpretation of Part 5), in the definition of “certificate”,

5after “application” insert “but does not include any documents issued in

response to a request under section 116A(1) or an application as mentioned

in section 116A(4)(a) or (5)(a)”.

Safeguarding Vulnerable Groups Act 2006

73 (1) Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006

10(barred lists: information) is amended as follows.

(2) In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute

“relevant chief officer”.

(3) In sub-paragraph (3) after “which the” insert “relevant”.

(4) In sub-paragraph (5) for “chief officer of the relevant police force” substitute

15“relevant chief officer”.

(5) In sub-paragraph (7) for the definition of “relevant police force” substitute—

• ““the relevant chief officer” means any chief officer of a police
  
  force who is identified by the Secretary of State for the
  
  purposes of this paragraph;”.

(6) 20After sub-paragraph (7) insert—

“(7A) Subsections (10) and (11) of section 113B of the Police Act 1997

apply for the purposes of the definition of “the relevant chief

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

(7) In sub-paragraph (8) for “which forces are relevant police forces” substitute

25“who is the relevant chief officer”.

Part 7 Disregarding certain convictions for buggery etc.

Rehabilitation of Offenders Act 1974

74 (1) Section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons

30and spent convictions) is amended as follows.

(2) In subsection (1) for “subsection (2)” substitute “subsections (2), (5) and (6)”.

(3) After subsection (4) insert—

“(5) This Act does not apply to any disregarded conviction or caution

within the meaning of Chapter 3 of Part 5 of the Protection of

35Freedoms Act 2011.

(6) Accordingly, references in this Act to a conviction or caution do not

include references to any such disregarded conviction or caution.”

Police Act 1997

75 In section 113A(6) of the Police Act 1997 (criminal record certificates), in

paragraph (b) of the definition of “relevant matter”, after “that Act” insert

“but excluding a disregarded caution within the meaning of Chapter 3 of

5Part 5 of the Protection of Freedoms Act 2011”.

Part 8 Repeal of provisions for conducting certain fraud cases without jury

Criminal Justice Act 2003

76 (1) The Criminal Justice Act 2003 is amended as follows.

(2) 10In section 45 (procedure for applications for cases to be conducted without a

jury)—

(a) in the heading, for “sections 43 and” substitute “section”,

(b) in subsection (1), omit paragraph (a) and the word “and” at the end

of the paragraph, and

(c) 15in subsections (5) and (9), omit the words “43 or”.

(3) In section 46(7) (discharge of jury because of jury tampering) omit “43 or”.

(4) In section 48(1) (further provision about trials without a jury) omit “43,”.

(5) Omit section 330(5)(b) (procedure for order bringing section 43 into force).

Section 101(2)

SCHEDULE 8 20Repeals and revocations