Protection of Freedoms Bill

Session 2010 - 12
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Other Bills before Parliament

Protection of Freedoms Bill

LORDS amendments to the
Protection of Freedoms Bill
[The page and line references are to HL Bill 99, the bill as first printed for the Lords.]
Clause 3
1
Page 5, line 26, leave out from “adult”” to end of line 27 and insert “means a person

aged 18 or over whose ability to protect himself or herself from violence, abuse or

neglect is significantly impaired through physical or mental disability or illness,

through old age or otherwise,”
Clause 14
2
Page 10, line 36, at end insert—

“(5A)
The responsible chief officer of police may apply to a District Judge

(Magistrates’ Courts) for an order to retain a sample to which this

section applies beyond the date on which the sample would

otherwise be required to be destroyed by virtue of subsection (4) or

(5) if—

(a)
the sample was taken from a person in connection with the

investigation of a qualifying offence, and

(b)
the responsible chief officer of police considers that the

condition in subsection (5B) is met.

(5B)
The condition is that, having regard to the nature and complexity of

other material that is evidence in relation to the offence, the sample

is likely to be needed in any proceedings for the offence for the

purposes of—

(a)
disclosure to, or use by, a defendant, or

(b)
responding to any challenge by a defendant in respect of the

admissibility of material that is evidence on which the

prosecution proposes to rely.

(5C)
An application under subsection (5A) must be made before the date

on which the sample would otherwise be required to be destroyed

by virtue of subsection (4) or (5).

Bill 317 55/1

2

(5D)
If, on an application made by the responsible chief officer of police

under subsection (5A), the District Judge (Magistrates’ Courts) is

satisfied that the condition in subsection (5B) is met, the District

Judge may make an order under this subsection which—

(a)
allows the sample to be retained for a period of 12 months

beginning with the date on which the sample would

otherwise be required to be destroyed by virtue of

subsection (4) or (5), and

(b)
may be renewed (on one or more occasions) for a further

period of not more than 12 months from the end of the

period when the order would otherwise cease to have effect.

(5E)
An application for an order under subsection (5D) (other than an

application for renewal)—

(a)
may be made without notice of the application having been

given to the person from whom the sample was taken, and

(b)
may be heard and determined in private in the absence of

that person.

(5F)
A sample retained by virtue of an order under subsection (5D) must

not be used other than for the purposes of any proceedings for the

offence in connection with which the sample was taken.

(5G)
A sample that ceases to be retained by virtue of an order under

subsection (5D) must be destroyed.”
Clause 17
3
Page 12, line 20, at end insert—

“(2A)
Sections 63D to 63T do not apply to material to which paragraph 8

of Schedule 4 to the International Criminal Court Act 2001

(requirement to destroy material) applies.

(2B)
Sections 63D to 63T do not apply to material to which paragraph 6

of Schedule 6 to the Terrorism Prevention and Investigation

Measures Act 2011 (requirement to destroy material) applies.”
Clause 18
4
Page 13, line 2, leave out from “to” to “63R” in line 4 and insert “material to which

section 63D or”
5
Page 13, line 6, leave out “or derived”
Clause 21
6
Page 16, line 31, leave out subsection (6)
Clause 26
7
Page 19, line 22, leave out “Subsection (2)” and insert “This section”
8
Page 19, line 26, at end insert—

“(1A)
Before the first processing of a child’s biometric information on or after the

coming into force of subsection (2), the relevant authority must notify each

parent of the child—

3

(a)
of its intention to process the child’s biometric information, and

(b)
that the parent may object at any time to the processing of the

information.”
9
Page 19, leave out lines 29 to 33 and insert—

“(a)
at least one parent of the child consents to the information being

processed, and

(b)
no parent of the child has withdrawn his or her consent, or

otherwise objected, to the information being processed.

(3)
Section 27 makes further provision about the requirement to notify parents

and the obtaining and withdrawal of consent (including when notification

and consent are not required).”
Clause 27
10
Page 20, line 4, leave out from “section” to “if” and insert “26(1A) and (2), the

relevant authority is not required to notify a parent, or obtain the consent of a

parent,”
11
Page 20, line 8, leave out “to give consent” and insert “to object or (as the case may

be) consent to the processing of the child’s biometric information”
12
Page 20, line 10, after “to” insert “notify the parent or (as the case may be)”
13
Page 20, line 11, at end insert—

“(1A)
A notification under section 26(1A) must be given in writing, and any

objection to the processing of a child’s biometric information must be made

in writing.”
Clause 28
14
Page 21, line 25, leave out “the consent of no parent” and insert “there is no person

falling within subsection (5) who must be notified or whose consent”
Clause 31
15
Page 24, line 14, after second “the” insert “alteration or”
Clause 40
16
Page 33, line 33, at end insert—

“(3)
A further safeguard shall be that, unless explicitly provided for in the

statute providing for the power of entry, all powers of entry shall be

exercised by agreement with the premises occupier or by warrant.”
17
Page 33, line 33, at end insert—

“(4)
A further safeguard shall be that, notwithstanding the statute providing for

the power of entry, a power of entry may only be used without warrant, or

without agreement with the occupier of the premises to be entered, in cases

where the authority using the power can demonstrate that the aim of the

use of the power would be frustrated if a warrant or agreement were

sought.”
18
Page 33, line 33, at end insert—

4

“(5)
The safeguards set out in subsections (3) and (4) above shall not apply in

any case where the authority exercising the power of entry is—

(a)
a Trading Standards Officer acting under any legislation which

permits the Officer to exercise such a power;

(b)
a Constable or a member of the Security Service acting under any

legislation which permits such a person to exercise such a power; or

(c)
doing so in pursuance of the protection of a child or a vulnerable

adult.”
Clause 44
19
Page 35, line 24, after “41” insert “which neither amends nor repeals any provision

of primary legislation”
20
Page 35, line 25, leave out from “Wales” to end of line 27 and insert—

“(8)
In subsection (7) “primary legislation” means—

(a)
a public general Act, and

(b)
a Measure or Act of the National Assembly for Wales.”
Clause 45
21
Page 35, line 35, at end insert “without being ancillary to other provision (whether

in that Act or previously enacted) which deals with an excepted or reserved

matter”
22
Page 35, line 36, leave out ““transferred matter” has the meaning” and insert

““excepted matter”, “reserved matter” and “transferred matter” have the meaning”
Clause 47
23
Page 37, line 22, at end insert “without being ancillary to other provision (whether

in the Act of the Northern Ireland Assembly or previously enacted) which deals

with an excepted or reserved matter (within the meaning given by section 4(1) of

the Northern Ireland Act 1998)”
Clause 49
24
Page 38, line 25, after second “the” insert “alteration or”
Clause 51
25
Page 39, line 27, at beginning insert “No instrument containing the first order

under subsection (5) is to be made unless a draft of it has been laid before, and

approved by a resolution of, each House of Parliament.

( )
Subject to this,”
26
Page 39, line 28, at end insert—

“( )
If a draft of an instrument containing the first order under subsection (5)

would, apart from this subsection, be treated as a hybrid instrument for the

purposes of the standing orders of either House of Parliament, it is to

proceed in that House as if it were not a hybrid instrument.”