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Protection of Freedoms BillPage 150

9 (1) Section 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

5takes place with the permission of, a judicial authority does not

include 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) 10an order quashing an order under section 23A or 32A by the

relevant 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

15meaning of section 23A or 32A)”.

12 After 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

20the sheriff 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 sheriff is to determine an application—

(i) 25in chambers,

(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) 30that 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) The Court of Session’s power under section 32 of the Sheriff Courts

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

practice 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.

77B 40Procedure 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

45under section 23A or 32A.

Protection of Freedoms BillPage 151

(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

5application—

(i) in chambers,

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

authorisation or notice which is the subject of the

application relates,

(c) 10that 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) 15An 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

20Act 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)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

25(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.

13 In section 78 (orders, regulations and rules)—

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

30Chancellor”,

(b) in subsection (3)(a)—

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

(ii) after “30(7),” insert “32A(7),”, and

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

35may be) the Lord Chancellor”.

Part 3 Vehicles left on land

Road Traffic Regulation Act 1984

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

40storage 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) In subsection (8), in the definition of “appropriate authority”, in paragraph

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

Protection of Freedoms BillPage 152

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

5substitute “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

paragraph), and

(b) 10in 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) In section 3(2) (conduct subject to a licence)—

(a) 15after 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) omit paragraph (b) and the word “or” at the end of the paragraph,

20and

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

25“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) 30paragraph 9, and

(d) paragraph 9A.

Part 4 Counter-terrorism powers

Police and Criminal Evidence Act 1984

17 35After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of

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

(3) Nothing 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 47AB(2) of the Terrorism Act 2000 (as that code

Protection of Freedoms BillPage 153

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

search 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 5In 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) after that paragraph insert—

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

10practice in relation to any matter falling within the code of

practice issued under section 47AB(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 search in specified

15locations).

Terrorism Act 2000

19 The Terrorism Act 2000 is amended as follows.

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

insert “etc.”.

21 (1) 20Section 123 (orders and regulations) is amended as follows.

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

(ab) section 47AB;.

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

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

(2) 25In 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) sub-paragraph (1B),

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

30where they appear,

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

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

(e) sub-paragraph (7).

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

35Regulation 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) in paragraph (a)—

(i) for “section 44” substitute “section 47A”, and

Protection of Freedoms BillPage 154

(ii) after “(power to stop and search)” insert “(including that

section as it had effect by virtue of the Terrorism Act 2000

(Remedial) Order 2011 (S.I. 2011/631S.I. 2011/631)”,

(b) in paragraph (b)—

(i) 5at the beginning insert “section 44 of the Terrorism Act 2000

or”, and

(ii) for the words from “had” to “section 44 of the Terrorism Act

2000” substitute “previously had effect for similar purposes”,

and

(c) 10after “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

15italic 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

20Act 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

25Act 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) 30in paragraph (a)—

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

“section 47A(2)(a) and (d), (3)(b) and (6)”,

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

which is”, and

(iii) 35also in sub-paragraph (iv), for “section 44(1) or (2) of that Act”

substitute “section 47A(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

40within 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 47A of, and paragraphs

1 and 2 of Schedule 6B to,”.

Protection of Freedoms BillPage 155

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) 5for “sections 44(1)(a) and (d) and (2)(b) and 45(2)” substitute

“section 47A(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”

10substitute “section 47A(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) 15in sub-paragraph (2) for “subsections (1) and (4) of section 45 of”

substitute “subsections (4) and (5) of section 47A 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

20documents 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);.

25Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631S.I. 2011/631)

29 The Terrorism Act 2000 (Remedial) Order 2011 is revoked.

Part 5 Safeguarding of vulnerable groups

Police Act 1997

30 30The Police Act 1997 is amended as follows.

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

paragraphs (b) to (d).

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

omit paragraphs (b) to (d).

33 (1) 35Section 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) 40in paragraph (d) for “that Act” substitute “the Safeguarding

Vulnerable Groups Act 2006”.

Protection of Freedoms BillPage 156

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

Safeguarding Vulnerable Groups Act 2006

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

36 In section 4(1) (appeals)—

(a) 5omit 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) 10in paragraph (c) for “or 18” substitute “, 18 or 18A”.

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

(a) omit “section 10(3);”, and

(b) omit “paragraph 4 of Schedule 6”.

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

(a) 15in 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

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

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

virtue of that position”.

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

paragraphs (b) and (c).

40 25Omit section 8 (person not to engage in regulated activity unless subject to

monitoring).

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

(b) and (c).

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

30activity).

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

check).

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

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

35governing body).

46 Omit section 14 (office holders: offences).

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

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

49 Omit section 17 (NHS employment).

50 (1) 40Section 18 (offences: companies etc.) is amended as follows.

Protection of Freedoms BillPage 157

(2) In subsection (1)—

(a) omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

(3) In subsection (2)—

(a) 5omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

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

(2) Omit subsection (1).

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

(4) 10Omit subsections (6) and (7).

(5) In 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).

52 15In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).

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

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

(b) omit subsection (6).

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

(2) 20In subsection (1) omit “or controlled activity”.

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

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

request etc.) is amended as follows.

(2) In subsection (2)—

(a) 25omit paragraph (b), and

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

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

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

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

30for “Either of” substitute “Any of”.

57 (1) Section 50A (provision of information to the police) is amended as follows.

(2) In subsection (2) for “power conferred by subsection (1) does” substitute

“powers conferred by this section do”.

(3) In subsection (3) for “subsection (1)” substitute “this section”.

(4) 35In the heading to section 50A, and in the italic cross-heading before it, after

“police” insert “etc.”.

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

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

Protection of Freedoms BillPage 158

(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) Omit subsection (5).

60 (1) 5Section 56 (devolution: Wales) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2)—

(a) in paragraph (a) for “45(1), (5) or (9)” substitute “45(9)”,

(b) omit paragraph (c), and

(c) 10in 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) 15omit paragraph (j),

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

(e) omit paragraph (n),

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

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

61 20In section 57(1)(c) (damages) omit “prescribed”.

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

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

omit “or controlled”.

(3) Omit subsection (3).

63 25In section 61(3) (orders and regulations)—

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

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

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

64 (1) Schedule 3 (barred lists) is amended as follows.

(2) 30In paragraph 24, omit sub-paragraphs (8) and (9).

(3) In paragraph 25(1) for “will” substitute “may”.

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

(2) In paragraph 1—

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

(b) 35omit 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

“BARRING INFORMATION”.

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

Protection of Freedoms BillPage 159

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

67 The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.

2007/1351 (N.I.11)) is amended as follows.

68 (1) Article 2 (interpretation) is amended as follows.

(2) 5In the first paragraph (2)—

(a) omit the definition of “institution of further education”, and

(b) in the definition of “personnel supplier”, in sub-paragraph (b), omit

“or controlled”.

(3) Renumber the second paragraph (2) as paragraph (2A).

(4) 10Omit paragraph (3).

69 In Article 8(1) (appeals)—

(a) omit sub-paragraph (a),

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