Session 2010 - 12
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Other Bills before Parliament

Protection of Freedoms Bill


 
 

18

81

Page 109, line 26, at end insert—

 

“( )    

paragraphs 5 to 14 of Schedule 6 to the Terrorism

 

Prevention and Investigation Measures Act 2011.”

82

Page 109, line 31, at end insert “, but this is subject to subsection (5)”

83

Page 109, line 44, at end insert—

 

“(4)    

Section 18 material which is not a DNA sample may be retained

 

indefinitely if—

 

(a)    

it is held by the law enforcement authority in a form

 

which does not include information which identifies the

 

person to whom the material relates, and

 

(b)    

the law enforcement authority does not know, and has

 

never known, the identity of the person to whom the

 

material relates.

 

(5)    

In a case where section 18 material is being retained by a law

 

enforcement authority under subsection (4), if—

 

(a)    

the law enforcement authority comes to know the

 

identity of the person to whom the material relates, and

 

(b)    

the material relates to a person who has no previous

 

convictions or only one exempt conviction,

 

    

the material may be retained by the law enforcement authority

 

until the end of the retention period specified in subsection (6).

 

(6)    

The retention period is the period of 3 years beginning with the

 

date on which the identity of the person to whom the material

 

relates comes to be known by the law enforcement authority.”

84

Page 114, line 44, leave out from beginning to end of line 29 on page 115

85

Page 116, line 10, leave out “or”

86

Page 116, line 11, at end insert—

 

“(c)    

for purposes related to the prevention or detection of crime, the

 

investigation of an offence or the conduct of a prosecution, or

 

(d)    

for purposes related to the identification of a deceased person or

 

of the person to whom the material relates.”

87

Page 116, line 14, leave out sub-paragraph (6) and insert—

 

    “(6)  

In this paragraph—

 

(a)    

the reference to using material includes a reference to allowing

 

any check to be made against it and to disclosing it to any person,

 

(b)    

the reference to crime includes a reference to any conduct

 

which—

 

(i)    

constitutes one or more criminal offences (whether under

 

the law of Northern Ireland or of any country or territory

 

outside Northern Ireland), or

 

(ii)    

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

 

place in Northern Ireland, would constitute one or more

 

criminal offences, and

 

(c)    

the references to an investigation and to a prosecution include

 

references, respectively, to any investigation outside Northern

 

Ireland of any crime or suspected crime and to a prosecution


 
 

19

 
 

brought in respect of any crime in a country or territory outside

 

Northern Ireland.”

88

Page 116, line 21, at end insert—

 

““offence”, in relation to any country or territory outside Northern

 

Ireland, includes an act punishable under the law of that country or

 

territory, however it is described;”

89

Page 117, line 5, leave out “deals with a transferred matter and,”

90

Page 117, line 7, at end insert “and would deal with a transferred matter without

 

being ancillary to other provision (whether in the Act or previously enacted) which

 

deals with an excepted or reserved matter”

91

Page 117, line 22, at end insert—

 

““excepted or reserved matter” have the meanings given by section

 

4(1) of the Northern Ireland Act 1998,”

92

Page 117, line 24, leave out from “Ireland,” to end of line 25 and insert “and

 

(b)    

is not prohibited by sub-paragraph (5)(a),”

Schedule 3

93

Page 122, line 22, after second “the” insert “alteration or”

94

Page 123, line 25, at beginning insert “No instrument containing the first order

 

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

 

approved by a resolution of, the National Assembly for Wales.

 

      ( )  

Subject to this,”

Schedule 4

95

Page 127, line 34, at end insert—

 

    “( )  

In sub-paragraph (2)(d) the reference to arrangements for the resolution

 

of disputes or complaints includes—

 

(a)    

any procedures offered by the creditor for dealing informally

 

with representations by the driver about the notice or any matter

 

contained in it; and

 

(b)    

any arrangements under which disputes or complaints (however

 

described) may be referred by the driver to independent

 

adjudication or arbitration.”

96

Page 128, line 45, at end insert—

 

    “( )  

In sub-paragraph (2)(g) the reference to arrangements for the resolution

 

of disputes or complaints includes—

 

(a)    

any procedures offered by the creditor for dealing informally

 

with representations by the keeper about the notice or any matter

 

contained in it; and

 

(b)    

any arrangements under which disputes or complaints (however

 

described) may be referred by the keeper to independent

 

adjudication or arbitration.”

97

Page 130, line 7, at end insert—

 

    “( )  

In sub-paragraph (2)(g) the reference to arrangements for the resolution

 

of disputes or complaints includes—


 
 

20

 
 

(a)    

any procedures offered by the creditor for dealing informally

 

with representations by the keeper about the notice or any matter

 

contained in it; and

 

(b)    

any arrangements under which disputes or complaints (however

 

described) may be referred by the keeper to independent

 

adjudication or arbitration.”

98

Page 132, line 4, leave out “not exceeding 6 months” and insert “of any duration”

99

Page 132, line 5, leave out “so as to exceed 6 months”

100

Page 133, line 19, at end insert—

 

    “( )  

In sub-paragraph (5)(d) the reference to arrangements for the resolution

 

of disputes or complaints includes—

 

(a)    

any procedures offered by the creditor for dealing informally

 

with representations by the hirer about the notice or any matter

 

contained in it; and

 

(b)    

any arrangements under which disputes or complaints (however

 

described) may be referred by the hirer to independent

 

adjudication or arbitration.”

Schedule 6

101

Page 138, line 9, at beginning insert “reasonably”

Schedule 7

102

Page 142, line 41, at end insert—

 

  “(2C)  

The reference in sub-paragraph (2B)(b) to day to day supervision is a

 

reference to such day to day supervision as is reasonable in all the

 

circumstances for the purpose of protecting any children concerned.””

103

Page 143, line 34, at end insert—

 

“(3BA)  

The references in sub-paragraphs (3A) and (3B)(b) to day to day

 

supervision are references to such day to day supervision as is

 

reasonable in all the circumstances for the purpose of protecting any

 

children concerned.”

104

Page 145, line 8, leave out from “nails” to end of line 9

105

Page 146, line 15, leave out from “person,” to end of line 17

106

Page 146, line 20, leave out from “person,” to end of line 23

107

Page 148, line 4, leave out from “person,” to end of line 6

108

Page 148, line 9, leave out from “person,” to end of line 12

109

Page 160, line 38, after “it” insert “a barred list or”

110

Page 160, line 38, after “a” insert “particular”

111

Page 160, line 45, after “a” insert “particular”

Schedule 8

112

Page 162, line 10, at end insert—


 
 

21

 
 

“( )    

is a person in relation to whom a moratorium period, under a

 

debt relief order made under Part 7A of the Insolvency Act 1986

 

or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I.

 

1989/2405 (N.I.19)), applies,”

113

Page 162, line 14, at end insert—

 

“( )    

is the subject of a debt relief restrictions order or an interim debt

 

relief restrictions order under Schedule 4ZB to the Insolvency Act

 

1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order

 

1989,”

Schedule 9

114

Page 167, line 9, leave out “, 21 and 23” and insert “and 21 to 23”

115

Page 167, line 11, leave out sub-paragraph (3)

116

Page 170, line 4, at end insert—

 

            

“After section 81(8) (general interpretation) insert—

 

“(9)    

References in this Act to provision which, if it were contained in

 

an Act of the Northern Ireland Assembly, would deal with a

 

Northern Ireland transferred matter or (as the case may be) a

 

transferred matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3))

 

do not include references to any such provision which would be

 

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).””

117

Page 174, line 13, at end insert—

 

            

“In section 113A (criminal record certificates) omit subsection (10).

 

            

In section 113B (enhanced criminal record certificates) omit subsection

 

(13).”

118

Page 174, line 25, at end insert—

 

“38A (1)  

Section 120A (refusal and cancellation of registration on grounds related

 

to disclosure) is amended as follows.

 

      (2)  

In subsection (3A) omit paragraphs (b) and (c).

 

      (3)  

Omit subsections (3B) and (3C).

 

      (4)  

In subsection (3D)—

 

(a)    

for “subsections (3A) to (3C)” substitute “subsection (3A)”,

 

(b)    

for “those subsections” substitute “that subsection”, and

 

(c)    

omit the words from “, except” to the end of the subsection.”

119

Page 177, line 4, leave out “7(1)(i) and (j)” and insert “7(1)(f) or (g)”

120

Page 177, line 17, leave out “for “will” substitute “may”” and insert “after “will”

 

insert “or (as the case may be) may”.”

121

Page 179, line 34, leave out “for “will” substitute “may”” and insert “after “will”

 

insert “or (as the case may be) may”.”

122

Page 180, line 9, at end insert—


 
 

22

 
 

            

“In section 113BC(1) (suitability information: power to amend), after

 

paragraph (b), insert “;

 

(c)    

amend section 120AC(4)(b) in consequence of an order

 

made under paragraph (a) or (b).”

 

            

In section 114(3) (application of other provisions of Part 5 to an

 

application under that section), for “Section 113A(3) to (6)” substitute

 

“Sections 113A(3) to (6), 120AC and 120AD”.

 

            

In section 116(3) (application of other provisions of Part 5 to an

 

application under that section), for “and 113BA to 113BC” substitute “,

 

113BA to 113BC, 120AC and 120AD”.”

123

Page 180, line 37, at end insert—

 

    “( )  

After subsection (3) insert—

 

“(3A)    

The Secretary of State by notice given in writing may require a

 

person who has a certificate which is subject to up-date

 

arrangements under section 116A to attend at a place and time

 

specified in the notice to provide fingerprints for the sole

 

purpose of enabling the Secretary of State to verify whether

 

information in the possession of the Secretary of State that the

 

Secretary of State considers may be relevant to the person’s

 

certificate does relate to that person.

 

(3B)    

If a person fails to comply with a requirement imposed under

 

subsection (3A), the Secretary of State by notice given in writing

 

may inform that person that, from a date specified in the notice,

 

the person’s certificate is to cease to be subject to up-date

 

arrangements.””

124

Page 180, line 39, at end insert—

 

    “( )  

In subsection (1A), after paragraph (a) (but before the word “or” at the

 

end of the paragraph) insert—

 

“(aa)    

the provision of up-date information under section

 

116A;”.”

125

Page 181, line 3, at end insert—

 

    “( )  

After subsection (2) insert—

 

“(2A)    

Where, in connection with the provision of up-date information

 

under section 116A, the chief officer of a police force receives a

 

request for information of the kind mentioned in section 113B(4),

 

the chief officer of police must comply with it as soon as

 

practicable.””

126

Page 181, line 11, at end insert—

 

    “( )  

After subsection (5)(c) insert—

 

“(ca)    

a sample of cases in which the chief officer of a police

 

force has decided that information should be disclosed or

 

not disclosed to the Secretary of State for the purpose of

 

the provision by the Secretary of State of up-date

 

information under section 116A.””

127

Page 181, line 15, at end insert—

 

    “( )  

Section 120 (registered persons) is amended as follows.


 
 

23

 
 

      ( )  

In subsection (2)—

 

(a)    

for the words from the beginning to “the”, where it first occurs,

 

substitute “The”,

 

(b)    

after paragraph (a) insert “and”, and

 

(c)    

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

 

      ( )  

After that subsection insert—

 

“(2A)    

Subsection (2) is subject to—

 

(a)    

regulations under section 120ZA,

 

(b)    

section 120A, and

 

(c)    

section 120AA and regulations made under that

 

section.””

128

Page 181, line 25, leave out paragraph 107 and insert—

 

    “(1)  

Section 124 (offences: disclosure) is amended as follows.

 

      (2)  

In subsection (4)—

 

(a)    

in paragraph (b), omit “(5) or”, and

 

(b)    

for “subsections (5) and (6)” substitute “subsection (6)”.

 

      (3)  

Omit subsection (5).”

129

Page 181, line 32, after “116A(1)” insert “, 120AC(1) or 120AD(2)”

130

Page 181, line 35, after “116A(1)” insert “, 120AC(1) or 120AD(2)”

131

Page 181, line 38, leave out from “to” to end of line 39 and insert “—

 

(a)    

a request under section 116A(1),

 

(b)    

an application as mentioned in section 116A(4)(a) or (5)(a), or

 

(c)    

a request under section 120AC or 120AD.””

132

Page 184, line 25, at end insert—

 

“Part 9A

 

Trafficking people for exploitation

 

Children and Young Persons Act 1933

 

127A      

In Schedule 1 to the Children and Young Persons Act 1933 (offences

 

against children and young persons with respect to which special

 

provisions of the Act apply)—

 

(a)    

in the first entry relating to the Sexual Offences Act 2003 for “57”

 

substitute “59A”, and

 

(b)    

after the second entry relating to the Act of 2003 insert—

 

            

“Any offence against a child or young person under

 

section 4 of the Asylum and Immigration (Treatment of

 

Claimants, etc) Act 2004, or any attempt to commit

 

such an offence.”

 

Police and Criminal Evidence Act 1984

 

127B      

In section 65A of the Police and Criminal Evidence Act 1984 (questioning

 

and treatment of persons by police: meaning of “qualifying offence”), in

 

subsection (2)(p), for “59” substitute “59A”.


 
 

24

 
 

Proceeds of Crime Act 2002

 

127C      

In Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences:

 

England and Wales), in paragraph 4(2), for “any of sections 57 to 59”

 

substitute “section 59A”.

 

Criminal Justice Act 2003

 

127D      

In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of

 

dangerous offenders: specified sexual offences), after paragraph 143,

 

insert—

 

“143A    

An offence under section 59A of that Act (trafficking for sexual

 

exploitation).”

 

Sexual Offences Act 2003

 

127E (1)  

The Sexual Offences Act 2003 is amended as follows.

 

      (2)  

In section 60A (trafficking for sexual exploitation: forfeiture of land

 

vehicle, ship or aircraft), in each of subsections (1) and (5), for “sections

 

57 to 59” substitute “section 59A”.

 

      (3)  

In section 60B (trafficking for sexual exploitation: detention of land

 

vehicle, ship or aircraft), in subsection (1), for “sections 57 to 59”

 

substitute “section 59A”.

 

      (4)  

In Schedule 5 (relevant offences for the purposes of notification and

 

orders), in paragraph 63, for “59” substitute “59A”.

 

Asylum and Immigration (Treatment of Claimants, etc) Act 2004

 

127F (1)  

The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is

 

amended as follows.

 

      (2)  

In section 5 (section 4: supplemental)—

 

(a)    

in subsection (11) omit “In so far as section 4 extends to England

 

and Wales,”, and

 

(b)    

omit subsections (12) and (13).

 

      (3)  

In section 14(2)(n) (immigration officers’ powers of arrest) for “59”

 

substitute “59A”.

 

Serious Crime Act 2007

 

127G      

In Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences:

 

England and Wales), in paragraph 2(2), for “59” substitute “59A”.”

133

Page 184, line 25, at end insert—

 

“Part 9B

 

Stalking

 

Protection from Harassment Act 1997

 

141A (1)  

The Protection from Harassment Act 1997 is amended as follows.


 
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