Protection of Freedoms Bill

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,”

Page 109, line 19, after “sections” insert “22,”

Page 109, line 21, after “Articles” insert “24,”

Page 109, line 26, at end insert—

“(f) paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011.”

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

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.”

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

Page 116, line 10, leave out “or”

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.”

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 brought in respect of any crime in a country or territory outside Northern Ireland.”

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.”

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

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”

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,”

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),”

Line 5, at end insert—

“( ) For the purposes of sub-paragraph 2(c) the appropriate national authority may accredit a trade organisation, and may require a trade association to include specified stipulations in its rules as a condition of accreditation.”

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.”

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.”

Page 130, line 7, 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.”

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

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

Page 54, line 3, leave out from “nails” to end of line 4

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

Page 70, line 38, at end insert—

“(3) After section 120AB of the Police Act 1997 (procedure for certain cancellations or suspensions of registration) insert—

“120AC Registered persons: information on progress of an application

(1) The Secretary of State must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

(2) Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

(3) In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Secretary of State may inform the person who made the request that the certificate was such a certificate.

(4) In the case of a certificate under section 113B, if it was a certificate—

(a) stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

(b) if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

(i) is barred from regulated activity relating to children or to vulnerable adults, or

(ii) is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,

the Secretary of State may inform the person who made the request that the certificate was such a certificate.

(5) If no certificate has been issued, the Secretary of State must inform the person who made the request of such other matters relating to the processing of the application as the Secretary of State considers appropriate.

(6) Subject to subsections (2) to (4), nothing in this section permits the Secretary of State to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

(7) The Secretary of State may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

(8) In this section—

“central records” and “relevant matter” have the same meaning as in section 113A,

“suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

(9) Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.””

Insert the following new Clause—

“Additional grounds for refusing an application to be registered

After subsection (3) of section 120AA of the Police Act 1997 (refusal, etc. of registration on grounds not related to disclosure) insert—

“(4) Subsection (6) applies if an application is made under section 120 by an individual who—

(a) has previously been a registered person; and

(b) has been removed from the register (otherwise than at that individual’s own request).

(5) Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

(a) has previously been a registered person; and

(b) has been removed from the register (otherwise than at its own request).

(6) The Secretary of State may refuse the application.””

Page 71, line 36, after “application” insert “in writing”

Page 72, line 2, after “apply” insert “in writing”

Page 73, line 8, leave out “or B” and insert “, B or C”

Page 73, line 8, at end insert “and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B).”

Page 73, line 30, at end insert—

“( ) Condition C is that—

(a) the certificate was issued under section 117(2) or 117A(5)(b), and

(b) the certificate which it superseded—

(i) was subject to up-date arrangements immediately before it was superseded, and

(ii) would still be subject to those arrangements had it not been superseded.”

Page 74, line 13, at end insert—

“(7A) If up-date information is given under subsection (7)(a)(i), (7)(b)(i) or (7)(c)(i) and the certificate to which that information relates is one to which subsection (7B) applies, the up-date information must include that fact.

(7B) This subsection applies to a certificate which—

(a) in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records,

(b) in the case of a criminal record certificate, is as described in section 120AC(3), and

(c) in the case of an enhanced criminal record certificate, is as described in section 120AC(4).”

Insert the following new Clause—

“Inclusion of cautions etc. in national police records

After subsection (4) of section 27 of the Police and Criminal Evidence Act 1984 (recordable offences) insert—

“(4A) In subsection (4) “conviction” includes—

(a) a caution within the meaning of Part 5 of the Police Act 1997; and

(b) a reprimand or warning given under section 65 of the Crime and Disorder Act 1998.””

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”.

Page 35, line 36, leave out ““transferred matter” has the meaning” and insert ““excepted matter”, “reserved matter” and “transferred matter” have the meaning”.

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)”

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,”

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.”

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,”

Page 44, line 40, at beginning insert—

“(6ZA) As soon as practicable after making an order under paragraph 38 of Schedule 8, the Secretary of State must lay a copy of the order before each House of Parliament.”

Page 44, line 46, at end insert—

“(6C) Subsections (6A) and (6B) do not apply to an order under paragraph 38 of Schedule 8 which revokes an order under that paragraph.”

Page 46, line 24, at beginning insert “reasonably”

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

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

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

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).””

Page 180, line 9, at end insert—

“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) and 120AC”.

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 and 120AC”.”

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.””

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;”.”

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.””

Page 181, line 15, at end insert—

“( ) Section 120 (registered persons) is amended as follows.

( ) 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.””

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).”

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

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.”

Page 185, leave out lines 12 to 16

Page 185, leave out lines 26 to 30

Page 185, line 39, leave out “22(2)” and insert “22”

Page 196, line 11, at end insert—

Page 196, line 13, leave out “Section 124(5).” and insert—

Page 196, line 15, at end insert—

Page 95, line 30, leave out “5 and 6 of Schedules 9 and” and insert “6 and 7 of Schedule 9 and Parts 5 and 6 of Schedule”

Page 96, line 1, leave out “and 6 to 10” and insert “, 6, 7, 9 and 10”

Page 96, line 2, leave out “(8)(i)” and insert “(8)(l)”

Page 96, line 4, leave out “(8)(i)” and insert “(8)(l)”

Page 96, line 8, after “9,” insert—

“(aa) the repeal of section 22 of the Crime and Security Act 2010 in paragraph 4(2) of Schedule 9 and Part 1 of Schedule 10,”

Page 96, line 22, leave out “Parts 5 and 6” and insert “Part 5”

Page 96, line 44, after “have” insert “(subject to subsection (2)(aa))”