(ii) is, or corresponds to, any conduct which, if it all took

place in any one part of the United Kingdom, would

35constitute one or more criminal offences, and

(c) the references to an investigation and to a prosecution

include references, respectively, to any investigation outside

the United Kingdom of any crime or suspected crime and to

a prosecution brought in respect of any crime in a country or

40territory outside the United Kingdom.

18E Sections 18 to 18E: supplementary provisions

(1) In sections 18 to 18D and this section—

• “DNA profile” means any information derived from a DNA
  
  sample;

• 45“DNA sample” means any material that has come from a
  
  human body and consists of or includes human cells;

Protection of Freedoms BillPage 100

• “fingerprints” means a record (in any form and produced by
  
  any method) of the skin pattern and other physical
  
  characteristics or features of a person’s fingers or either of a
  
  person’s palms;

• 5“law enforcement authority” means—

  (a)

  a police force,

  (b)

  the Serious Organised Crime Agency,

  (c)

  the Commissioners for Her Majesty’s Revenue and
  
  Customs, or

  (d)

  10a person formed or existing under the law of a
  
  country or territory outside the United Kingdom so
  
  far as exercising functions which—

  (i)

  correspond to those of a police force, or

  (ii)

  otherwise involve the investigation or
  
  15prosecution of offences;

• “police force” means any of the following—

  (a)

  the metropolitan police force;

  (b)

  a police force maintained under section 2 of the Police
  
  Act 1996 (police forces in England and Wales outside
  
  20London);

  (c)

  the City of London police force;

  (d)

  any police force maintained under or by virtue of
  
  section 1 of the Police (Scotland) Act 1967;

  (e)

  the Police Service of Northern Ireland;

  (f)

  25the Police Service of Northern Ireland Reserve;

  (g)

  the Ministry of Defence Police;

  (h)

  the Royal Navy Police;

  (i)

  the Royal Military Police;

  (j)

  the Royal Air Force Police;

  (k)

  30the British Transport Police;

• “recordable offence” has—

  (a)

  in relation to a conviction in England and Wales, the
  
  meaning given by section 118(1) of the Police and
  
  Criminal Evidence Act 1984, and

  (b)

  35in relation to a conviction in Northern Ireland, the
  
  meaning given by Article 2(2) of the Police and
  
  Criminal Evidence (Northern Ireland) Order 1989
  
  (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12));

• “the responsible officer” means—

  (a)

  40in relation to material obtained or acquired by a police
  
  force in England and Wales, the chief officer of the
  
  police force;

  (b)

  in relation to material obtained or acquired by the
  
  Police Service of Northern Ireland or the Police
  
  45Service of Northern Ireland Reserve, the Chief
  
  Constable of the Police Service of Northern Ireland;

  (c)

  in relation to material obtained or acquired by the
  
  Ministry of Defence Police, the Chief Constable of the
  
  Ministry of Defence Police;

  (d)

  50in relation to material obtained or acquired by the
  
  Royal Navy Police, the Royal Military Police or the

  Protection of Freedoms BillPage 101

  Royal Air Force Police, the Provost Marshal for the
  
  police force which obtained or acquired the material;

  (e)

  in relation to material obtained or acquired by the
  
  British Transport Police, the Chief Constable of the
  
  5British Transport Police;

  (f)

  in relation to material obtained or acquired by the
  
  Serious Organised Crime Agency, the Director
  
  General of the Serious Organised Crime Agency;

  (g)

  in relation to material obtained or acquired by the
  
  10Commissioners for Her Majesty’s Revenue and
  
  Customs, any of those Commissioners;

  (h)

  in relation to any other material, such person as the
  
  Secretary of State may by order specify;

• “section 18 material” has the meaning given by section 18(2);

• 15“terrorist investigation” has the meaning given by section 32 of
  
  the Terrorism Act 2000.

(2) An order under subsection (1) is subject to negative resolution

procedure.

(3) For the purposes of section 18A, a person is to be treated as having

20been convicted of an offence if the person—

(a) has been given a caution in respect of the offence which, at

the time of the caution, the person has admitted,

(b) has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence,

(c) 25has been found not guilty of the offence by reason of insanity,

or

(d) has been found to be under a disability and to have done the

act charged in respect of the offence.

(4) Sections 18A and this section, so far as they relate to persons

30convicted of an offence, have effect despite anything in the

Rehabilitation of Offenders Act 1974.

(5) But a person is not to be treated as having been convicted of an

offence if that conviction is a disregarded conviction or caution by

virtue of section 88 of the Protection of Freedoms Act 2011.

(6) 35For the purposes of section 18A—

(a) a person has no previous convictions if the person has not

previously been convicted in England and Wales or Northern

Ireland of a recordable offence, and

(b) if the person has been previously so convicted of a recordable

40offence, the conviction is exempt if it is in respect of a

recordable offence, other than a qualifying offence,

committed when the person was aged under 18.

(7) In subsection (6), “qualifying offence” has—

(a) in relation to a conviction in respect of a recordable offence

45committed in England and Wales, the meaning given by

section 65A of the Police and Criminal Evidence Act 1984,

and

(b) in relation to a conviction in respect of a recordable offence

committed in Northern Ireland, the meaning given by Article

53A of the Police and Criminal Evidence (Northern Ireland)

Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12)).

(8) If a person is convicted of more than one offence arising out of a

single course of action, those convictions are to be treated as a single

5conviction for the purposes of calculating under section 18A whether

the person has been convicted of only one offence.”

Part 4 Material subject to the Criminal Procedure (Scotland) Act 1995

5 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) 10In section 18(3), for “18F” substitute “18G”.

(3) After section 18F insert—

“18G Retention of samples etc: national security

(1) This section applies to—

(a) relevant physical data taken from or provided by a person

15under section 18(2) (including any taken or provided by

virtue of paragraph 20 of Schedule 8 to the Terrorism Act

2000),

(b) any sample, or any information derived from a sample, taken

from a person under section 18(6) or (6A) (including any

20taken by virtue of paragraph 20 of Schedule 8 to the

Terrorism Act 2000),

(c) any relevant physical data, sample or information derived

from a sample taken from, or provided by, a person under

section 19AA(3),

(d) 25any relevant physical data, sample or information derived

from a sample which is held by virtue of section 56 of the

Criminal Justice (Scotland) Act 2003, and

(e) any relevant physical data, sample or information derived

from a sample taken from a person—

(i) 30by virtue of any power of search,

(ii) by virtue of any power to take possession of evidence

where there is immediate danger of its being lost or

destroyed, or

(iii) under the authority of a warrant.

(2) 35The relevant physical data, sample or information derived from a

sample may be retained for so long as a national security

determination made by the relevant chief constable has effect in

relation to it.

(3) A national security determination is made if the relevant chief

40constable determines that is necessary for the relevant physical data,

sample or information derived from a sample to be retained for the

purposes of national security.

(4) A national security determination—

(a) must be made in writing,

(b) has effect for a maximum of 2 years beginning with the date

on which the determination is made, and

(c) may be renewed.

(5) Any relevant physical data, sample or information derived from a

5sample which is retained in pursuance of a national security

determination must be destroyed as soon as possible after the

determination ceases to have effect (except where its retention is

permitted by any other enactment).

(6) In this section, “the relevant chief constable” means the chief

10constable of the police force of which the constable who took the

relevant physical data, or to whom it was provided, or who took or

directed the taking of the sample, was a member.”

(4) In section 19C—

(a) in subsection (1), at the end of both paragraph (a) and paragraph (b)

15insert “(including any taken or provided by virtue of paragraph 20 of

Schedule 8 to the Terrorism Act 2000)”,

(b) in subsection (2)—

(i) omit the word “or” at the end of paragraph (a), and

(ii) after paragraph (b) insert—

“(c) 20in the interests of national security, or

(d) for the purposes of a terrorist investigation.”,

(c) after subsection (2) insert—

“(2A) Despite subsection (2), the relevant physical data, sample or

information derived from a sample may not be used for the

25purposes mentioned in paragraphs (a) and (b) of that

subsection if its retention is lawful only by virtue of a national

security determination made under section 18G.”, and

(d) in subsection (6)—

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

(ii) 30after paragraph (c) insert “, and

“(d) terrorist investigation” has the meaning given by

section 32 of the Terrorism Act 2000.”

Part 5 Material subject to the Criminal Justice (Scotland) Act 2003

6 (1) 35Section 56 of the Criminal Justice (Scotland) Act 2003 (asp 7)2003 (asp 7) (retaining

sample or relevant physical data where given voluntarily) is amended as

follows.

(2) In subsection (2)—

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

(b) 40after paragraph (b) insert—

“(c) in the interests of national security, or

(d) for the purposes of a terrorist investigation.”

(3) In subsection (8)—

(a) omit the word “and” at the end of the definition of “sample”, and

(b) after the definition of “relevant physical data” insert “; and

• terrorist investigation” has the meaning given by
  
  section 32 of the Terrorism Act 2000.”

Part 6 5Material subject to the Police and Criminal Evidence (Northern Ireland)

Order 1989

7 (1) This paragraph applies to the following material—

(a) a DNA profile to which Article 64 of the 1989 Order (destruction of

fingerprints and samples) applies, or

(b) 10fingerprints to which Article 64 of the 1989 Order applies, other than

fingerprints taken under Article 61(6A) of that Order.

(2) If the Chief Constable of the Police Service of Northern Ireland determines

that it is necessary for any material to which this paragraph applies to be

retained for the purposes of national security—

(a) 15the material is not required to be destroyed in accordance with

Article 64 of the 1989 Order, and

(b) Article 64(3AB) of that Order does not apply to the material,

for as long as the determination has effect.

(3) A determination under sub-paragraph (2) (“a national security

20determination”)—

(a) must be made in writing,

(b) has effect for a maximum of 2 years beginning with the date on

which the material would (but for this paragraph) first become liable

for destruction under the 1989 Order, and

(c) 25may be renewed.

(4) Material retained under this paragraph must not be used other than—

(a) in the interests of national security, or

(b) for the purposes of a terrorist investigation.

(5) This paragraph has effect despite any provision to the contrary in the 1989

30Order.

(6) The reference in sub-paragraph (4) to using material includes a reference to

allowing any check to be made against it and to disclosing it to any person.

(7) In this paragraph—

• “the 1989 Order” means the Police and Criminal Evidence (Northern
  
  35Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12));

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body
  
  and consists of or includes human cells;

• “terrorist investigation” has the meaning given by section 32 of the
  
  40Terrorism Act 2000.

Part 7 Corresponding Northern Ireland provision for excepted or reserved matters

etc.

8 (1) The Secretary of State may make an order under sub-paragraph (2) or (3) if

5the Secretary of State considers that the subject-matter in relation to

Northern Ireland of any provision of an Act of the Northern Ireland

Assembly made in 2011 or 2012 (whether before or after the passing of this

Act) is the same as the subject-matter in relation to England and Wales of any

provision made by any of sections 1 to 18 and 23 to 25 of this Act.

(2) 10The Secretary of State may by order make excepted or reserved provision in

relation to Northern Ireland which is about the same subject-matter as any

provision made in relation to England and Wales by any of sections 1 to 18

and 23 to 25 of this Act.

(3) The Secretary of State may by order make such provision as the Secretary of

15State considers appropriate in consequence of the Act of the Northern

Ireland Assembly or an order under sub-paragraph (2).

(4) The power to make an order under this paragraph—

(a) is exercisable by statutory instrument,

(b) includes power to make incidental, supplementary, transitional,

20transitory or saving provision,

(c) may, in particular, be exercised by amending, repealing, revoking or

otherwise modifying any provision made by or under an enactment

(including this Act).

(5) An order under this paragraph may not make provision which—

(a) 25deals with a transferred matter and, if it were contained in an Act of

the Northern Ireland Assembly, would be within the legislative

competence of the Northern Ireland Assembly,

(b) if it were contained in an Act of the Scottish Parliament, would be

within the legislative competence of the Scottish Parliament, or

(c) 30if it were contained in an Act of the National Assembly for Wales,

would be within the legislative competence of the National

Assembly for Wales.

(6) Subject to sub-paragraph (7), a statutory instrument containing an order

under this paragraph is not to be made unless a draft of the instrument has

35been laid before, and approved by a resolution of, each House of Parliament.

(7) A statutory instrument containing an order under this paragraph which

neither amends nor repeals any provision of primary legislation is subject to

annulment in pursuance of a resolution of either House of Parliament.

(8) In this paragraph—

• 40“enactment” includes an Act of the Scottish Parliament, a Measure or
  
  Act of the National Assembly for Wales and Northern Ireland
  
  legislation,

• “excepted or reserved provision” means provision which—

  (a)

  forms part of the law of Northern Ireland, but

  (b)

  45does not deal with a transferred matter,

• “primary legislation” means—

  Protection of Freedoms BillPage 106

  (a)

  a public general Act,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  Northern Ireland legislation,

• 5“transferred matter” has the meaning given by section 4(1) of the
  
  Northern Ireland Act 1998.

Section 39(2)

SCHEDULE 2 Repeals etc. of powers of entry

Part 1 10Water and Environment

Public Health (Control of Disease) Act 1984

1 (1) Omit section 50 of the Public Health (Control of Disease) Act 1984 (power in

relation to England and Wales to enter and inspect canal boats).

(2) This paragraph extends to England and Wales only.

15Merchant Shipping Act 1995

2 (1) Omit section 258(4) of the Merchant Shipping Act 1995 (power of surveyor

of ships etc. to enter premises to determine whether provisions or water

intended for UK ships, including government ships, would be in accordance

with safety regulations).

(2) 20Sub-paragraph (1) does not apply to section 258(4) of the Act of 1995 so far

as it applies for the purposes of section 256A of that Act (extension of power

of entry to any member of the staff of the Scottish Administration authorised

by the Scottish Ministers).

(3) This paragraph extends to England and Wales, Scotland and Northern

25Ireland.

Environment Act 1995

3 (1) Section 108(15) of the Environment Act 1995 (powers of entry etc. of persons

authorised by enforcing authorities: interpretation) is amended as follows.

(2) After the definition of “authorised person” insert—

• 30““domestic property” has the meaning given by section 75(5)(a)
  
  of the Environmental Protection Act 1990;”.

(3) After the definition of “enforcing authority” insert—

• ““English waste collection authority” has the same meaning as
  
  in section 45A of the Environmental Protection Act 1990;”.

(4) 35In the definition of “pollution control functions” in relation to a waste

collection authority after “means” insert “—

• (a)

  in relation to an English waste collection authority,
  
  the functions conferred or imposed on it by or under

  Protection of Freedoms BillPage 107

  Part 2 of the Environmental Protection Act 1990 (other
  
  than sections 45, 45A and 46 of that Act so far as
  
  relating to the collection of household waste from
  
  domestic property); and

  (ii)

  5in relation to any other waste collection authority,”.

(5) This paragraph extends to England and Wales only.

Part 2 Agriculture

Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642S.I. 1973/1642)

4 (1) 10Omit regulation 5 of the Dairy Herd Conversion Premium Regulations 1973

(power of authorised officer to enter land to inspect livestock in respect of

which a premium has been applied for etc.).

(2) Also—

(a) in regulation 2(1) of those Regulations omit the definition of

15“authorised officer”, and

(b) in regulation 7 of those Regulations, omit sub-paragraph (b) and the

word “or” before it.

(3) This paragraph extends to England and Wales only.

Milk (Cessation of Production) Act 1985

5 (1) 20Omit section 2(1) of the Milk (Cessation of Production) Act 1985 (powers of

entry in connection with compensation payments).

(2) Also, in section 3(1) of that Act, omit paragraph (b) and the word “or” before

it.

(3) This paragraph extends to England and Wales only.

25Cereals Co-responsibility Levy Regulations 1988 (S.I. 1988/1001S.I. 1988/1001)

6 (1) Omit regulation 8 of the Cereals Co-responsibility Levy Regulations 1988

(power of authorised officer to enter premises used in relation to cereals).

(2) Also—

(a) in regulation 9 of those Regulations omit “or 8”, and

(b) 30in regulation 11(d) of those Regulations for “regulations 7 or 8”

substitute “regulation 7”.

(3) This paragraph extends to England and Wales only.

Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695S.I. 1992/695)

7 (1) Omit regulation 5 of the Oilseeds Producers (Support System) Regulations

351992 (power of authorised officer to enter and inspect oilseeds producers’

premises).

(2) Also—

(a) in regulation 2(1) of those Regulations omit the definitions of

“authorised officer”, “oilseeds” and “specified control measure”, and

(b) omit regulations 6, 9 and 10 of those Regulations.

(3) This paragraph extends to England and Wales only.

Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522S.I. 2005/3522)

8 (1) Omit regulation 5 of the Older Cattle (Disposal) (England) Regulations 2005

5(power of inspector to enter premises for the purposes of ensuring that

regulations are being complied with).

(2) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006

10(S.I. 2006/2821S.I. 2006/2821)

9 (1) Omit regulation 6 of the Salmonella in Turkey Flocks and Slaughter Pigs

(Survey Powers) (England) Regulations 2006 (power of inspector to enter a

turkey holding or slaughterhouse for purposes relating to salmonella).

(2) This paragraph extends to England and Wales, Scotland and Northern

15Ireland.

Part 3 Miscellaneous

Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642S.I. 1950/1642)

10 (1) Omit article 22 of the Distribution of German Enemy Property (No 1) Order

201950 (power of constable to enter premises under warrant to search for and

seize German enemy property).

(2) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Hypnotism Act 1952

11 (1) 25Omit section 4 of the Hypnotism Act 1952 (constable’s power to enter

premises where entertainment is held if there is reasonable cause to believe

that there is a contravention of the Act).

(2) This paragraph extends to England and Wales only.

Landlord and Tenant Act 1985

12 (1) 30Omit section 8(2) of the Landlord and Tenant Act 1985 (power of landlord to

enter premises to view their state and condition).

(2) This paragraph extends to England and Wales only.

Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629S.I. 1995/1629)

13 (1) Omit regulation 24(6) of the Gas Appliances (Safety) Regulations 1995

35(power of authorised officer to enter premises for the purposes of

surveillance of manufacturer’s compliance with requirements).

(2) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Cross-border Railway Services (Working Time) Regulations 2008 (2008/1660)

14 (1) Omit paragraph 2(2)(a), (b) and (c) of Schedule 2 to the Cross-border

5Railway Services (Working Time) Regulations 2008 (power of Office of Rail

Regulation’s inspector to enter premises for the purpose of carrying the

regulations into effect).

(2) This paragraph extends to England and Wales and Scotland only.

Payment Services Regulations 2009 (S.I. 2009/209S.I. 2009/209)

15 (1) 10Omit regulation 83 of the Payment Services Regulations 2009 (power of an

officer of the Financial Services Authority to enter premises used in relation

to payment services).

(2) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Section 53

15SCHEDULE 3 Corresponding code of practice for Welsh devolved powers of entry

Code of practice

1 (1) The Welsh Ministers may prepare a code of practice containing guidance

about the exercise of—

(a) 20powers of entry, or

(b) associated powers,

in relation to matters within the legislative competence of the National

Assembly for Wales.

(2) Such a code may, in particular, include provision about—

(a) 25considerations before exercising, or when exercising, any such

powers,