Protection of Freedoms Bill (HC Bill 189)

82 Omit Article 21 (HSS employment).

83 (1) Article 22 (offences: companies etc.) is amended as follows.

(2) In paragraph (1)—

(a) omit “, 14, 15, 27, 31”, and

(b) 5omit “or Schedule 4”.

(3) In paragraph (2)—

(a) omit “, 14, 15, 27, 31”, and

(b) omit “or Schedule 4”.

84 (1) Article 23 (offences: other persons) is amended as follows.

(2) 10Omit paragraph (1).

(3) Omit paragraphs (3) and (4).

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

(5) In paragraph (8)—

(a) for “paragraphs (2)(b) and (3)(b)” substitute “paragraph (2)(b)”, and

(b) 15omit sub-paragraphs (b) and (c).

(6) Omit paragraph (9).

85 In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).

86 In Article 37 (regulated activity providers: duty to refer)—

(a) in paragraph (1), omit sub-paragraph (b), and

(b) 20omit paragraph (6).

87 (1) Article 38 (personnel suppliers: duty to refer) is amended as follows.

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

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

88 (1) Article 39 (regulated activity providers: duty to provide information on

25request etc.) is amended as follows.

(2) In paragraph (2)—

(a) omit sub-paragraph (b), and

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

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

(4) 30In paragraph (5) omit “or controlled”.

89 (1) Article 52A (provision of information to the police) is amended as follows.

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

“powers conferred by this Article do”.

(3) In the heading to Article 52A, after “Police”, insert “etc.”.

90 35In Article 53(5) (Crown application), omit sub-paragraph (b).

91 (1) Article 56 (alignment with rest of UK) is amended as follows.

(2) In paragraph (2) omit sub-paragraph (a).

(3) In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of

it).

(4) In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of

it).

(5) 5Omit paragraph (5).

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

93 (1) Schedule 1(barred lists) is amended as follows.

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

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

94 (1) 10Schedule 5 (vetting information) is amended as follows.

(2) In paragraph 1—

(a) for “Articles 32 and 34” substitute “Articles 32A and 32B”, and

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

(3) Omit paragraph 3(3).

(4) 15In the heading to the Schedule for “VETTING INFORMATION” substitute

“BARRING INFORMATION”.

95 In Schedule 6 (transitional provisions) omit paragraph 5.

Part 6 Criminal records

20Police Act 1997

96 The Police Act 1997 is amended as follows.

97 (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) 25After subsection (1A) insert—

“(1B) Where 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) 30In 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) 35After subsection (2) insert—

“(2A) In this section—

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

  Protection of Freedoms BillPage 162

  (a)

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

  (b)

  new up-date information in relation to the certificate,

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

98 (1) Section 118 (evidence of identity) is amended as follows.

(2) In subsection (1)—

(a) after “consider” insert “an application as mentioned in section

10116A(4)(a) or (5)(a) or”, and

(b) after “117” insert “, 117A”.

(3) In subsection (4) after “117” insert “or 117A”.

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

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

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

113B(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) 20under this Part in relation to any request under section

116A(1);”.

100 (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.

(4) 25After subsection (8) insert—

“(8A) The independent monitor has the functions conferred on the monitor

by section 117A.”

(5) In subsection (9) after “section” insert “or section 117A”.

101 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.”

102 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).

103 Omit section 124(5) (non-application of disclosure offences to certain

disclosures of information provided in accordance with section 113B(5).

104 (1) 40Section 124A (offences relating to disclosure of information obtained in

connection with delegated function) is amended as follows.

(2) In subsection (1)(c) omit “or registered person”.

(3) After subsection (6) insert—

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

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

105 5After section 125B(2) (form of applications) insert—

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

116A(1).”

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

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

10response to a request under section 116A(1) or an application as mentioned

in section 116A(4)(a) or (5)(a)”.

Gambling Act 2005

107 In section 73(3) of the Gambling Act 2005 (procedure on consideration of

application for licence)—

(a) 15for “section 115” substitute “section 113B”, and

(b) at the end (and on a new line below paragraph (b)) insert “or the

production of up-date information (within the meaning given by

section 116A(7) of that Act) in relation to such a certificate,”.

National Health Service Act 2006

108 20The National Health Service Act 2006 is amended as follows.

109 In section 129(6) (regulations as to pharmaceutical services), in paragraph (i),

for the words from “section 113” to the end of the paragraph substitute

“section 113A of that Act, an enhanced criminal record certificate under

section 113B of that Act or up-date information within the meaning given by

25section 116A(7) of that Act,”.

110 In section 132(4) (persons authorised to provide pharmaceutical services), in

paragraph (c), for the words from “section 113” to the end of the paragraph

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

30given by section 116A(7) of that Act,”.

111 In section 147A(3) (performers of pharmaceutical services and assistants), in

paragraph (i), for the words from “section 113” to the end of the paragraph

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

35given by section 116A(7) of that Act,”.

National Health Service (Wales) Act 2006

112 The National Health Service (Wales) Act 2006 is amended as follows.

113 In section 72(3) (regulations as to general opthalmic services), in paragraph

(c), for the words from “section 113” to the end of the paragraph substitute

40“section 113A of that Act, an enhanced criminal record certificate under

section 113B of that Act or up-date information within the meaning given by

section 116A(7) of that Act,”.

114 In section 83(6) (regulations as to pharmaceutical services), in paragraph (i),

for the words from “section 113” to the end of the paragraph substitute

“section 113A of that Act, an enhanced criminal record certificate under

section 113B of that Act or up-date information within the meaning given by

5section 116A(7) of that Act,”.

115 In section 86(4) (persons authorised to provide pharmaceutical services), in

paragraph (c), for the words from “section 113” to the end of the paragraph

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

10given by section 116A(7) of that Act,”.

116 In section 105(3) (supplementary lists), in paragraph (g), for the words from

“section 113” to the end of the paragraph substitute “section 113A of that

Act, an enhanced criminal record certificate under section 113B of that Act

or up-date information within the meaning given by section 116A(7) of that

15Act,”.

Safeguarding Vulnerable Groups Act 2006

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

(barred lists: information) is amended as follows.

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

20“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

“relevant chief officer”.

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

• 25““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) After sub-paragraph (7) insert—

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

30apply 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

“who is the relevant chief officer”.

Part 7 35Disregarding certain convictions for buggery etc.

Rehabilitation of Offenders Act 1974

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

and 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 4 of Part 5 of the Protection of

Freedoms Act 2011.

(6) 5Accordingly, references in this Act to a conviction or caution do not

include references to any such disregarded conviction or caution.”

Police Act 1997

119 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

10“but excluding a disregarded caution within the meaning of Chapter 4 of

Part 5 of the Protection of Freedoms Act 2011”.

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

Criminal Justice Act 2003

120 (1) 15The Criminal Justice Act 2003 is amended as follows.

(2) In 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

20of the paragraph, and

(c) in 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 107(2)

25SCHEDULE 10 Repeals and revocations

Part 1 Destruction, retention and use of fingerprints etc.

Part 2 Powers of entry

2 The revocations in the Cross-border Railway Services (Working Time)

Regulations 2008 extend to England and Wales and Scotland only.

3 35The repeals and revocations in the following provisions extend to England

and Wales, Scotland and Northern Ireland—

(a) the Distribution of German Enemy Property (No 1) Order 1950,

(b) the Merchant Shipping Act 1995,

(c) the Gas Appliances (Safety) Regulations 1995,

(d) 40the Older Cattle (Disposal) (England) Regulations 2005,

(e) the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers)

(England) Regulations 2006, and

(f) the Payment Services Regulations 2009.

4 The repeal of section 258(4) of the Merchant Shipping Act 1995 is subject to

5paragraph 2(2) of Schedule 2 to this Act.

Part 3 Vehicles left on land