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Protection of Freedoms BillPage 160

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).

Protection of Freedoms BillPage 161

(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—

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.

Protection of Freedoms BillPage 163

(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,”.

Protection of Freedoms BillPage 164

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—

(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)”.

Protection of Freedoms BillPage 165

(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.

Short title Extent of repeal
Police and Criminal Evidence

Act 1984
30Section 64.

Criminal Justice Act 1988 Section 148.
Criminal Justice and Public

Order Act 1994
Section 57.

Protection of Freedoms BillPage 166

Short title Extent of repeal
Criminal Procedure (Scotland)

Act 1995

In section 19C—

(a)

in subsection (2), the word “or” at the

5end of paragraph (a), and

(b)

in subsection (6), the word “and” at the

end of paragraph (b).





Terrorism Act 2000 10

In Schedule 8—

(a)

paragraph 14,

(b)

in paragraph 20, in sub-paragraph (3),

the words from “but” to the end of the

15sub-paragraph, and

(c)

paragraph 20(4)



Police Act 1996 In Part 2 of Schedule 7, paragraph 37.
Criminal Justice and Police Act

2001
Section 82.

20
Section 84.
Criminal Justice (Scotland) Act

2003 (asp 7)

In section 56—

(a)

in subsection (2), the word “or” at the

25end of paragraph (a), and

(b)

in subsection (8), the word “and” at the

end of the definition of “sample”.





Serious Organised Crime and

Police Act 2005
30Section 117(6) to (10).

Section 118(4).
Counter-Terrorism Act 2008 Section 10(4) and (6)(d).
Section 14(4) to (6).
35Section 16.
Section 17.
Crime and Security Act 2010 Section 14.
Sections 16 to 21.
Section 22(2).
40Section 23.
Section 58(4) and (6) to (8).

Protection of Freedoms BillPage 167

Part 2 Powers of entry

Short title Extent of repeal or revocation
The repeals and revocations in the following provisions extend to England

and Wales only—\t(a)\t the Hypnotism Act 1952,\t(b)\t the Dairy Herd Conversion Premium Regulations 1973,\t(c)\t the Public Health (Control of Disease) Act 1984,\t(d)\t the Landlord and Tenant Act 1985,\t(e)\t the Cereals Co-responsibility Levy Regulations 1988,\t(f)\t the Oilseeds Producers (Support System) Regulations 1992, and\t(g)\t the Health and Social Care Act 2008.
Distribution of German Enemy

Property (No 1) Order 1950

(S.I. 1950/1642)
5Article 22.



Hypnotism Act 1952 Section 4.
Dairy Herd Conversion

Premium Regulations 1973

(S.I. 1973/1642)
In regulation 2(1), the definition of “authorised

10officer”.

Regulation 5.
Regulation 7(b) and the word “or” before it.
Public Health (Control of

Disease) Act 1984
Section 50.

15

Protection of Freedoms BillPage 168

Short title Extent of repeal or revocation
The repeals and revocations in the following provisions extend to England

and Wales only—\t(a)\t the Hypnotism Act 1952,\t(b)\t the Dairy Herd Conversion Premium Regulations 1973,\t(c)\t the Public Health (Control of Disease) Act 1984,\t(d)\t the Landlord and Tenant Act 1985,\t(e)\t the Cereals Co-responsibility Levy Regulations 1988,\t(f)\t the Oilseeds Producers (Support System) Regulations 1992, and\t(g)\t the Health and Social Care Act 2008.
Milk (Cessation of Production)

Act 1985
Section 2(1).

5Section 3(1)(b) and the word “or” before it.
Landlord and Tenant Act 1985 Section 8(2).
Cereals Co-responsibility Levy

Regulations 1988 (S.I. 1988/

1001)
Regulation 8.



10In regulation 9, the words “or 8”.
Oilseeds Producers (Support

System) Regulations 1992

(S.I. 1992/695)
In regulation 2(1), the definitions of “authorised

officer”, “oilseeds” and “specified control

measure”.
Regulations 5, 6, 9 and 10.
Merchant Shipping Act 1995 15Section 258(4).
Gas Appliances (Safety)

Regulations 1995 (S.I. 1995/

1629)
Regulation 24(6).



Older Cattle (Disposal)

(England) Regulations 2005

(S.I. 2005/3522)
Regulation 5.

20

Salmonella in Turkey Flocks

and Slaughter Pigs (Survey

Powers) (England)

Regulations 2006 (S.I. 2006/

2821)
Regulation 6.





25

Health and Social Care Act 2008 In Schedule 11, paragraph 9.
Cross-border Railway Services

(Working Time) Regulations

2008 (S.I. 2008/1660)
In Schedule 2, paragraph 2(2)(a), (b) and (c).



30
Payment Services Regulations

2009 (S.I. 2009/209)
Regulation 83.

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,

Protection of Freedoms BillPage 169

(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

Short title Extent of repeal or revocation
Airports Act 1986 In section 66(3), paragraph (b) (but not the word

10“or” at the end of the paragraph).
Private Security Industry Act

2001
In section 3(2), paragraph (j) and the word “or”

before the paragraph.

In section 4A(2)—

(a)

15paragraph (a),

(b)

paragraph (b) and the word “or” at the

end of the paragraph, and

(c)

in paragraph (c), the word “other”.

Section 6.
20Section 22A.
In section 24(4), the words from “(except” to “or

22A)”.
In section 25(1), the definition of “motor

vehicle”.
25In Schedule 2, paragraphs 3, 3A, 9 and 9A (and

the italic cross-headings before them).
Serious Organised Crime and

Police Act 2005
In Schedule 15, paragraph 14(a).

Private Security Industry Act

2001 (Amendments to

Schedule 2) Order 2005 (S.I.

2005/224)
The whole instrument.

30



Private Security Industry Act

2001 (Amendments to

Schedule 2) Order 2006 (S.I.

2006/1831)
Articles 3 and 4.



35

Private Security Industry Act

2001 (Amendments to

Schedule 2) Order 2007 (S.I.

2007/2201)
Articles 3 and 4.





40
Private Security Industry Act

2001 (Amendments to

Schedule 2) Order 2009 (S.I.

2009/3043)
Articles 3 and 4.





Crime and Security Act 2010 45Section 42(3).
Section 44.
In Schedule 1, paragraphs 3(5) and 7.

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