Protection of Freedoms Bill

Insert the following new Clause—

“Evidence base for the destruction, retention and use of fingerprints and DNA profiles

(1) Chapter 1 of Part 1 of this Act shall take effect following the completion of a report on the impact of its provisions by the Secretary of State.

(2) A report commissioned under subsection (1) shall include an evidence-based assessment of the risk of offending following an arrest which did not lead to a conviction.

(3) Evidence assessed under subsection (2) shall cover a period of at least 6 years.

(4) The Secretary of State must make the report, and the Government’s response to any recommendations made in that report, available to the Leaders of the Opposition in both Houses of Parliament.”

Page 2, line 7, at end insert—

“(c) any biographical information relating to the material referred to in paragraphs (a) and (b).”

Page 2, line 17, at end insert—

“( ) The biographical information to which this section applies must be deleted from the Police National Computer and Police National Database and any other database held by a police force at the same time as any section 63D material is destroyed.”

Page 2, line 27, leave out “desirable” and insert “necessary for the prevention or detection of crime, or the investigation of an offence”

Page 2, line 41, at end insert—

“( ) For the purpose of this section, an investigation is concluded when it is so certified by the responsible chief of police.”

Page 3, leave out lines 28 to 30

Page 3, line 32, leave out “3” and insert “6”

Page 3, line 34, leave out “3” and insert “6”

Page 3, line 39, leave out from beginning to end of line 7 on page 4

Page 4, line 27, leave out from beginning to end of line 30 on page 5

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 6, line 7, leave out “indefinitely” and insert “for as long as is necessary for purposes related to the detection of crime, the investigation of an offence or the conduct of a prosecution”

Page 6, line 7, at end insert—

“(2A) Otherwise, material falling within subsection (1) may be retained until the end of the retention period specified in subsection (2B).

(2B) The retention period is—

(a) in the case of fingerprints, the period of 6 years beginning with the date on which the fingerprints were taken, and

(b) in the case of DNA profile, the period of 6 years beginning with the date on which the DNA sample from which the profile was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).”

Insert the following new Clause—

“Privacy Commissioner

(1) The Secretary of State shall appoint a Commissioner to be known as the Privacy Commissioner (referred to in this section as “the Commissioner”).

(2) It shall be the duty of the Commissioner to promote respect for individual privacy.

(3) The Commissioner shall have all the duties and functions set out in—

(a) section 51 of the Data Protection Act 1998 (Data Protection Commissioner),

(b) section 57 of the Regulation of Investigatory Powers Act 2000 (Interception of Communications Commissioner),

(c) section 91 of the Police Act 1997 and section 62 of the Regulation of Investigatory Powers Act 2000 (Chief Surveillance Commissioner),

(d) section 20 of this Act (Commissioner for the Retention and Use of Biometric Material),

(e) section 34 of this Act (Surveillance Camera Commissioner).

(4) The Commissioner shall have all the powers which attach to the offices set out in subsection (3).

(5) The Commissioner shall arrange for the dissemination in such form and manner as he considers appropriate of such information as it may appear to him expedient to give to the public about any matter within the scope of his functions under this Act, and may give advice to any person as to any of those matters.

(6) Any reference in any enactment, instrument or other document to a person carrying out the duties and functions set out in subsection (3) shall be construed, in relation to any time after the commencement of this section, as a reference to the Commissioner.

(7) Any appointment made to any of the offices set out in subsection (3) is hereby terminated.”

Page 6, line 24, leave out “indefinitely” and insert “for as long as is necessary for purposes related to the detection of crime, the investigation of an offence or the conduct of a prosecution”

Page 6, line 43, leave out “indefinitely” and insert “for as long as is necessary for purposes related to the detection of crime, the investigation of an offence or the conduct of a prosecution”

Page 7, line 36, leave out “indefinitely” and insert “for as long as is necessary for purposes related to the detection of crime, the investigation of an offence or the conduct of a prosecution”

Page 9, line 13, at end insert—

“( ) For the purposes of this section, a person shall not be considered to have consented to the taking of section 63D material unless that person has been fully informed of its potential use and retention.”

Page 10, line 8, leave out from “police” to end of line 10

Page 10, line 10, at end insert—

“( ) But if so certified by the responsible chief officer of police, where necessary for purposes related to the detection of crime, the investigation of an offence or the conduct of a prosecution, a copy of a DNA profile may be retained by the police in a form which does not include information which identifies the person to whom the DNA profile relates.”

Page 10, line 10, at end insert—

“( ) Destruction of copies of section 63D material under this section must be processed individually.”

Page 10, line 40, leave out “desirable” and insert “necessary for the detection of crime, or the investigation of an offence”

Page 102, line 23, at end insert “and subsequently arrested for an offence directly related to the reasons for detention”

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),”

Page 15, line 47, leave out subsection (9)

Page 16, line 17, at end insert—

“( ) The Commissioner must make a report to the Secretary of State about the impact of the retention periods for fingerprints and DNA profiles on the police service, in particular, the estimated cost of processing samples on an individual basis.

( ) Such a report must be made within six months of this section coming into force.”

Page 18, line 4, after “rules” insert “and rules governing the composition of the Board”

Insert the following new Clause—

“Governance of DNA databases

(1) The Secretary of State shall by regulation introduce a governance framework for all databases containing DNA information, including the counter terrorism database held by the police service.

(2) A regulation made under subsection (1) is made by statutory instrument subject to the approval of both Houses of Parliament.”

Page 40, line 13, at end insert—

“(2A) An offence is not committed under subsection (1) by a relevant person if—

(a) the vehicle is not registered under the Vehicle Excise and Registration Act 1994; or

(b) the relevant person in question has reason to believe the vehicle is registered under the Vehicle Excise and Registration Act 1994, but that the registration details are incorrect.

(2B) An offence is not committed under subsection (1)(b) in cases where—

(a) the vehicle is parked in such a way that it—

(i) prevents the parking of vehicles elsewhere on land under the same ownership or control as the land on which the vehicle is parked; or

(ii) prevents or restricts the passage of other vehicles or of individuals on that land; or

(b) the land on which the vehicle is parked is designated for parking by residents of specific dwellings or by their guests; or

(c) the vehicle is a vehicle designated or adapted for towing by a mechanically propelled vehicle.

(2C) The defences under subsection (2A) or (2B) are, in relation to a person who immobilised, moved or restricted the movement of the vehicle in question in the course of a business, only available if the person in question—

(a) was a member of a trade association accredited for the purpose of the subsection in question by the appropriate national authority; and

(b) acted in compliance with any code of practice approved for the purpose of the subsection in question by the appropriate national authority.”

Page 40, line 19, at end insert—

“(3A) Subsection (3) applies subject to regulations made by the Secretary of State on the following—

(a) the maximum charge that may be levied in respect of the parking of vehicles on land subject to a barrier operated under subsection (3), and

(b) requirements as to the display of notices in respect of the parking of vehicles on that land.”

Page 126, line 7, leave out “and 12” and insert “, 12 and 12A”

Page 126, line 10, at end insert—

5 “(c) the creditor (or the person acting for or on behalf of the creditor under any provision of this Schedule) is a member of a trade association accredited for the purposes of this Schedule by the appropriate national authority”

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 21, after “for” insert “appeals under paragraph 10A or”

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 22, after “for” insert “appeals under paragraph 10A or”

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 129, line 34, after “for” insert “appeals under paragraph 12A or”

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 130, line 41, at end insert—

“(4) On making the application under subsection (3), the creditor must have provided the relevant authority with evidence of compliance with industry best practice.

(5) In this paragraph “industry best practice” means compliance with the relevant code of practice of the relevant authority.

(6) A code of conduct under subsection (5) should include the following—

(a) guidelines on appropriate penalty charges, and

(b) requirements for the display of notices in respect of the parking of vehicles on the relevant land.

(7) A code of conduct under subsection (5) should adhere to regulations on best practice to be made by statutory instrument.”

Page 131, line 10, at end insert—

“The fifth condition is that the creditor (or a person acting for or on behalf of the creditor)—

(a) has taken all reasonable steps to establish the current residential address of the registered keeper before sending notices under this Schedule to his or her address;

(b) has not sought to levy a charge in excess of the maximum specified by the relevant national authority;

(c) has not included terms in the relevant contract which act as an unreasonable disincentive to appeal a wrongly levied charge;

(d) has not sought to levy a charge in respect of a vehicle which has been parked for less than 30 minutes beyond the period paid for, or which has been parked for less than 10 minutes;

(e) has provided evidence of payment in a form which is capable of being easily secured in a visible portion within the vehicle;

(f) has a policy of accepting evidence of payment in the above form even if it was not visible;

(g) has a policy of accepting evidence to the effect that documents have been sent to the wrong address, or to a person other than the actual keeper at the relevant time; and

(h) has a policy of accepting evidence as to why there are good reasons why parking charges had not been paid.”

Page 131, line 10, at end insert—

12A (1) The appropriate national authority may make provision by regulations made by statutory instrument entitling the relevant person to appeal in respect of—

(a) a claim for unpaid parking charges; or

(b) the payment of parking charges relating to the release of a vehicle from an immobilisation device.

(2) Regulations made under this paragraph must specify the grounds on which an appeal may be made.

(3) The regulations may make such provision in connection with the rights conferred as appears to the appropriate national authority to be appropriate, and may in particular make provision—

(a) as to the time within which an appeal may be made (which in respect of a claim for unpaid charges may be no earlier than the date on which the creditor gives to the keeper a written demand for payment),

(b) requiring supporting evidence in such circumstances as may be specified,

(c) generally as to the making, determination and effect of, and procedure in connection with, appeals.

(4) The regulations may provide that the function of a person to whom an appeal is made on an appeal is to decide whether to direct the creditor to refund the parking charge in whole or in part and, where appropriate, cancel his or her claim for payment of the unpaid parking charge.

(5) In this paragraph “the relevant person” means—

(a) a person to whom a written demand has been given, following the giving or sending of a notice under paragraph 6; or

(b) a person who has paid a parking charge in respect of the release of a vehicle from an immobilisation device.

(6) Regulations under this section shall make provision for and in connection with the person to whom an appeal may be made.

(7) That person may in particular be—

(a) a person exercising functions of adjudication or the hearing of appeals under another enactment;

(b) a body established by the Secretary of State under the regulations;

(c) an individual appointed under the regulations by the Secretary of State or by another person specified in the regulations.

(8) A statutory instrument containing regulations under this paragraph—

(a) in the case of regulations made by the Secretary of State, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(b) in the case of regulations made by the Welsh Ministers, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.”

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 50, line 43, after “(2B)” insert “or (2C)”

Page 51, leave out lines 9 to 11

Page 51, line 9, leave out “day to day” and insert “close and constant”

Page 51, line 11, at end insert—

“( ) Work falls within this sub-paragraph if it is any form of work (whether or not for gain) undertaken as part of an organised sport or recreational activity.”

Page 51, line 11, at end insert—

“( ) Sub-paragraph 1(2B)(b) does not apply to any work which includes the teaching, training or instruction of physical skill or endurance.”

Page 52, line 7, at end insert—

“( ) in sub-paragraph (l) after paragraph (f) insert—

“(g) any work in a Further Education College, as defined under the Further and Higher Education Act 1992, where the normal duties of that work involve regular contact with children.””

Page 52, line 14, leave out “day to day” and insert “close and constant”

Page 52, line 24, leave out “day to day” and insert “close and constant”

Page 52, line 27, at end insert—

“( ) After paragraph 2 insert—

2A (1) A regulated activity provider may designate activities it carries out as being analogous to the regulated activities in paragraph 1 and 2.

(2) Where a regulated activity provider has designated an activity as being analogous to a regulated activity, it may inform the Disclosure and Barring Service (DBS) in order to obtain such information as the DBS would provide in relation to a regulated activity.

(3) Where the DBS is informed that a regulated activity provider has designated an activity as being analogous to a regulated activity, it shall provide such information as it would provide in relation to a regulated activity.””

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

Page 55, line 17, leave out subsections (1) to (8) and insert—

“(1) In sub-paragraph (3) of paragraph 2 of Schedule 3 to the Safeguarding Vulnerable Groups Act (inclusion subject to consideration of representations), after paragraph (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(2) After sub-paragraph (2) of paragraph 3 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(3) After sub-paragraph (2) of paragraph 5 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(4) After sub-paragraph (3) of paragraph 8 of that Schedule (inclusion subject to consideration of representations) after paragraph (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(5) After sub-paragraph (2) of paragraph 9 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(6) After sub-paragraph (2) of paragraph 11 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.”

Insert the following new Clause—

“Access to information on barring decisions

(1) The Police Act 1997 is amended as follows.

(2) In section 113B, after subsection (3)(b) insert—

“(c) states whether the applicant is on a barred list maintained by the Independent Safeguarding Authority in relation to work with vulnerable adults or children (whichever is appropriate).”.”

Insert the following new Clause—

“Protection from stalking

(1) The Protection from Harassment Act 1997 is amended as follows.

(2) In section 2 (offence of harassment) for subsection (2) substitute—

“(2) A person guilty of an offence under this section is liable on summary or indictable conviction to imprisonment for a term not exceeding five years, or a fine not exceeding the statutory minimum.”

(3) For section 4 (putting people in fear of violence) substitute—

“Offence of stalking

(1) A person (“A”) commits an offence to be known as the offence of stalking, where A stalks another person (“B”).

(2) For the purposes of subsection (1), A stalks B where—

(a) A engages in a course of conduct,

(b) subsection (3) or (4) applies, and

(c) A’s course of conduct causes B to suffer fear or alarm.

(3) This subsection applies where A engages in the course of conduct with the intention of causing B to suffer fear or alarm.

(4) This subsection applies where A knows, or ought in all the circumstances to have known, that engaging in the course of conduct would be likely to cause B to suffer fear or alarm.

(5) It is a defence for a person charged with an offence under this section to show that the course of conduct—

(a) was authorised by virtue of any enactment or rule of law,

(b) was engaged in for the purpose of preventing or detecting crime, or

(c) was, in the particular circumstances, reasonable.

(6) In this section—

“conduct” means inter alia—

(a) following B or any other person,

(b) contacting, or attempting to contact, B or any other person by any means,

(c) publishing any statement or other material—

(i) relating or purporting to relate to B or to any other person,

(ii) purporting to originate from B or from any other person,

(d) monitoring the use by B or by any other person of the internet, email or any other form of electronic or other communication,

(e) entering any premises,

(f) loitering in any place (whether public or private),

(g) interfering with any property in the possession of B or of any other person,

(h) giving anything to B or to any other person or leaving anything where it may be found by, given to or brought to the attention of B or any other person,

(i) watching or spying on B or any other person,

(j) acting in any other way that a reasonable person would expect would cause B to suffer fear or alarm, and

“course of conduct” involves conduct on at least two occasions.

(7) The Secretary of State may by regulations made by statutory instruments add additional forms of conduct under subsection (6).

(8) A person convicted of the offence of stalking is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both,

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(9) Subsection (10) applies where, in the trial of a person (“the accused”) charged with the offence of stalking, the jury or, in the summary proceedings, the court—

(a) is not satisfied that the accused committed the offence, but

(b) is satisfied that the accused committed an offence under subsection 2.

(10) The jury or, as the case may be, the court may acquit the accused of the charge and, instead, find the accused guilty of an offence under subsection 2.”.”

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

Page 70, line 30, leave out subsections (1) and (2) and insert—

“(1) In section 113A of the Police Act 1997 (requirement to send copy of criminal record certificate to registered person), after subsection (4) insert—

“(4A) Information supplied under subsection (6) should be provided only—

(a) after a period of 14 days from the day the information was issued, and

(b) if no appeal has been made by the applicant against information contained within that certificate.

(4B) If an appeal has been made under subsection (4A)(b), subsection (4) shall not apply for the duration of those appeal proceedings.”

(2) In section 113B after subsection (6) insert—

“(6A) Information supplied under subsection (6) should be provided only—

(a) after a period of 14 days from the day the information was issued, and

(b) if no appeal has been made by the applicant against information provided under subsection (6).

(6B) If an appeal has been made under subsection (4A)(b), subsection (4) shall not apply for the duration of those appeal proceedings.”.”

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 section 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.”.”

Page 70, line 38, at end insert—

“(3) In section 113B of the Police Act 1997, after subsection (4) insert—

“(4A) Prescribed purposes under subsection (2)(b) include licensing authorities determining the fitness of:

(a) taxi drivers to be licensed in London under section 8 of the Metropolitan Public Carriage Act 1869 and paragraph 25 of the London Cab Order 1934;

(b) private hire vehicle drivers to be licensed in London under section 13(2)(a) of the Private Hire Vehicles (London) Act 1998;

(c) taxi drivers to be licensed outside London under section 47 of the Town Police Clauses Act 1847 and section 59(1) of the Local Government (Miscellaneous Provisions) Act 1976; and

(d) private hire vehicle drivers to be licensed outside London under section 51(1) of the Local Government (Miscellaneous Provisions) Act 1976.””

Leave out Clause 79 and insert the following new Clause—

“Criminal conviction certificates

After subsection (2A) of section 112 of the Police Act 1997 (criminal conviction certificates) insert—

“(2B) In carrying out the duty specified in subsection (2A), the Secretary of State must wait ten working days after sending a copy of the certificate to the applicant before sending a copy of that certificate to the registered person.””

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.””