Session 2010-12
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Protection of Freedoms Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 8th November 2011, as follows—
Clauses 26 to 39 Schedule 2 Clauses 40 to 53 Schedule 3 Clauses 57 to 61 Schedule 5 Clauses 62 and 63 |
Schedule 6 Clause 85 Schedule 8 Clauses 86 to 109 Schedules 9 and 10 Clauses 110 to 115 |
The following Clauses and Schedules (together with Amendments 1-84 tabled to them) have been considered in Committee of the Whole House and reported to the House—
Clauses 1 to 19 Schedule 1 Clauses 20 to 25 Clauses 54 to 56 | Schedule 4 Clauses 64 to 78 Schedule 7 Clauses 79 to 84 |
[Amendments marked * are new or have been altered]
Amendment |
Clause 26
LORD LUCAS
85
Page 19, line 27, leave out subsection (2) and insert—
“(2) A parent shall be given the option of not having the child’s biometric information processed and consent is deemed to be granted if a parent does not request the relevant authority not to process the child’s biometric information.”
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
86*
Page 19, line 28, leave out from “processed” to the end of line 31 and insert “if—
(a) one parent or legal guardian of the child objects to the information being processed, or
(b) the child objects to the processing of their information, where that child is over the age of 16.”
LORD LUCAS
87
Page 19, line 29, leave out paragraph (a) and insert—
“(a) all individuals with parental responsibility have been informed in writing of the school’s intentions, none has objected and at least one has consented to the information being processed,
(aa) the processing occurs as a result of actions which are not reasonably within the relevant authority’s control, or”
88
Page 19, line 29, leave out “each” and insert “a”
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
89*
Page 19, line 34, leave out subsection (4)
LORD LUCAS
90
Page 19, line 38, after “must” insert “as far as they are reasonably able”
BARONESS HAMWEE
BARONESS WALMSLEY
91
Page 19, line 39, at end insert—
“( ) The relevant authority must ensure that, at least once in every academic year, information is provided to each parent and child on their rights under this Chapter, in language capable of being readily understood by the parent and child.”
LORD LUCAS
92
Page 19, line 42, after “must” insert “as far as they are reasonably able”
Clause 27
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
93*
Page 20, line 4, leave out subsections (1) to (3) and insert—
“( ) An objection under section 26(2) may be made at any time.
( ) An objection under section 26(2) must be made in writing.”
LORD LUCAS
94
Page 20, line 12, at end insert—
“( ) Subsection (1)(d) applies only in circumstances relating to an individual parent, and may not be applied in respect of the pupil body as a whole, or a substantial part of it.”
95
Page 20, line 13, leave out subsection (3)
After Clause 27
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
96*
Insert the following new Clause—
“Requirement to consult on introduction of biometric recognition system
(1) Before introducing a biometric recognition system, the relevant authority must consult relevant groups.
(2) For the purposes of subsection (1) relevant groups includes—
(a) parents,
(b) teachers, and
(c) pupils who are over the age of 16.”
Clause 28
LORD LUCAS
97
Page 20, line 21, leave out “18” and insert “16”
98
Page 21, line 14, after “of” insert “inanimate”
Clause 29
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
99*
Page 22, line 7, leave out subsection (1) and insert—
“(1) The Secretary of State must establish an independent inquiry into the use of surveillance camera systems in England and Wales.
(1A) Having considered the recommendations of that enquiry, and following a report on those recommendations to Parliament, the Secretary of State must prepare a code of practice containing guidance about surveillance camera systems.”
BARONESS HAMWEE
BARONESS RANDERSON
100*
Page 22, line 19, after “to” insert “and operational practices of”
101*
Page 22, line 21, after “to” insert “and operational practices of”
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
102*
Page 22, line 28, at end insert—
“( ) will not require the disclosure of locations of systems and apparatus”
Clause 33
LORD LUCAS
103
Page 24, line 36, leave out “any such” and insert “criminal or civil”
104
Page 24, line 40, at end insert—
“( ) If a court or tribunal rules that any person has acted in breach of the surveillance camera code, and that ruling is not appealed, that person shall abandon all proceedings in progress, and shall take no further proceedings, in which the breach of the surveillance camera code is relevant until that breach has been remedied.”
105
Page 24, line 40, at end insert—
“( ) A court or tribunal may require any person to repay monies that they have received in respect of penalties if the court or tribunal considers that those penalties should not have been levied as a result of a breach of the surveillance camera code.”
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
106*
Page 24, line 40, at end insert—
“(4A) Not withstanding subsection (4), failure by a relevant authority to have regard to the surveillance camera code shall not, in itself, be sufficient reason to dismiss such proceedings.”
BARONESS RANDERSON
BARONESS HAMWEE
107
Page 25, line 1, at end insert—
“( ) any government department or any other public body or authority in receipt of money provided by Parliament,”
BARONESS HAMWEE
BARONESS WALMSLEY
108
Page 25, line 15, at end insert—
“( ) the proprietor or governing body of—
(i) a school,
(ii) a 16 to 19 Academy, or
(iii) a further education institution,
as defined by section 28,”
BARONESS RANDERSON
BARONESS HAMWEE
109
Page 25, line 15, at end insert—
“( ) the following educational institutions—
(i) an institution within the further education sector,
(ii) a university (whether or not receiving financial support under section 65 of the Further and Higher Education Act 1992),
(iii) an institution conducted by a higher education corporation,
(iv) a designated institution for the purposes of Part II of the Further and Higher Education Act 1992 as defined by section 72(3) of that Act, or
(v) any college, school, hall or other institution of a university which falls within sub-paragraph (ii),”
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
110*
Page 25, line 40, at end insert—
“(9A) Before any such draft instrument is laid before Parliament, the Secretary of State must commission an independent inquiry into the use of surveillance camera systems in England and Wales.”
Clause 34
BARONESS HAMWEE
BARONESS RANDERSON
111*
Page 26, line 2, leave out beginning to “as” and insert “Her Majesty by Letters Patent shall appoint an independent person”
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
112*
Page 26, line 8, at end insert—
“(2A) The Commissioner has a duty to provide guidance to relevant authorities about the differing requirements under the Freedom of Information Act 2000, and the code of practice under section 29.”
After Clause 35
BARONESS HAMWEE
BARONESS RANDERSON
113*
Insert the following new Clause—
“Commissioner’s report on alteration or replacement
As soon as the Commissioner considers it practicable but in any event not later than three years after the date provided by section 35(2)(a)(i)—
(a) the Commissioner must prepare a report about the alteration or replacement of the code which shall in particular include reporting on extending the code to operators not initially subject to it;
(b) the Secretary of State must lay a copy of the report before Parliament; and
(c) the Commissioner must publish the report.”
Before Clause 37
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
114*
Insert the following new Clause—
“Independent inquiry into use of investigating powers under RIPA
(1) The Secretary of State must establish an independent inquiry into the use of investigatory powers under the Regulation of Investigatory Powers Act 2000.
(2) The inquiry will examine in particular the use of directed surveillance and possible limits to its use.
(3) The inquiry will examine possible exemptions to the Act relating to the under-age sale of alcohol and tobacco and anti-social behaviour.
(4) Recommendations from that enquiry shall be reported to Parliament.”
Clause 37
BARONESS MILLER OF CHILTHORNE DOMER
115
Page 27, line 8, leave out “relevant”
LORD PHILLIPS OF SUDBURY
BARONESS MILLER OF CHILTHORNE DOMER
116*
Page 27, line 9, leave out from “granted” to “or” in line 10 and insert “an authorisation under section 22(3), (3B) or (3F), or renewed the same under section 23(5) and (6)”
117*
Page 27, line 12, leave out “(if any)”
118*
Page 27, line 14, leave out “(as the case may be)”
119*
Page 27, line 17, leave out from “granting” to first “if” in line 18 and insert “of an authorisation under section 22(3), (3B) or (3F) or renewal of the same under section 23(5) and (6)”
BARONESS MILLER OF CHILTHORNE DOMER
120
Page 28, line 17, leave out “by a relevant person”
121
Page 28, line 41, leave out from beginning to end of line 7 on page 29
After Clause 37
LORD PHILLIPS OF SUDBURY
BARONESS MILLER OF CHILTHORNE DOMER
122*
Insert the following new Clause—
“Obtaining or disclosing communications data
(1) In section 22 of the Regulation of Investigatory Powers Act 2000 (obtaining or disclosing communications data)—
(a) in subsection (1) after “Chapter” insert “reasonably”;
(b) in subsection (3) after “holding” insert “comparable”; and
(c) in subsection (5) after “he” insert “reasonably”.
(2) In section 23 of that Act (form and duration of authorisation and notices)—
(a) in subsection (4)(b) delete the words “authorise or””
Clause 38
BARONESS MILLER OF CHILTHORNE DOMER
123
Page 29, line 40, leave out “relevant”
BARONESS HAMWEE
BARONESS RANDERSON
124*
Page 29, line 44, at end insert—
“(2A) Subsection (2) shall not apply to an authorisation granted in contemplation of any surveillance undertaken in pursuance of Part 3 of the Environmental Protection Act 1990 or the Noise Act 1996 in respect of noise.”
BARONESS MILLER OF CHILTHORNE DOMER
125
Page 30, line 33, leave out “by a relevant person”
LORD SELSDON
126
Page 31, line 24, at end insert—
“( ) Evidence obtained by direct surveillance undertaken by any person, or the conduct and use of directed human intelligence sources at the behest of any person, that has not been authorised or approved (or both) shall not be admissible as evidence in criminal proceedings save in exceptional circumstances.”
BARONESS MILLER OF CHILTHORNE DOMER
127
Page 31, line 44, leave out from beginning to end of line 4 on page 32
After Clause 38
BARONESS MILLER OF CHILTHORNE DOMER
128
Insert the following new Clause—
“Independent review of surveillance under RIPA
(1) Within 6 months of Royal Assent, the Secretary of State shall appoint an independent reviewer to be known as the Independent Surveillance Reviewer.
(2) Within 12 months of his appointment, the Independent Surveillance Reviewer must lay a report of the findings of his review before both Houses of Parliament.
(3) This review shall consider—
(a) the operation of the Regulation of Investigatory Powers Act 2000; including—
(i) the impact of sections 37 and 38 of this Act;
(ii) the role for judicial authorisation; and
(iii) the operation of section 17 of the Regulation of Investigatory Powers Act 2000;
(b) any recommendations for changes to law, practice or policy; and
(c) any other such matter that the independent reviewer considers relevant to the operation and use of surveillance in the United Kingdom.”
BARONESS HAMWEE
BARONESS RANDERSON
129*
Insert the following new Clause—
“Matters subject to legal privilegeInvestigatory powers: legal privilege
(1) In section 5 of the Regulation of Investigatory Powers Act 2000 (interception with a warrant), after subsection (6) insert—
“(7) But an interception warrant does not authorise conduct undertaken for the purpose of doing anything in relation to—
(a) a communication, insofar as the communication consists of matters subject to legal privilege;
(b) communications data, insofar as the data relate to the communication of matters subject to legal privilege.
(8) In subsection (7), “matters subject to legal privilege” means matters to which section 98(2), (3) or (4) of the Police Act 1997 applies, but does not include a communication made with the intention of furthering a criminal purpose.
(9) The Secretary of State may by regulations make provision for the determination (on an application for an interception warrant or otherwise) of the question whether, in any case, a communication is made with the intention of furthering a criminal purpose.
(10) A code of practice issued under section 71 may in particular contain provision about—
(a) the steps to be taken to minimise the risk of conduct undertaken pursuant to an interception warrant resulting in accidental acquisition of a communication, or communications data, falling within subsection (7);
(b) the steps to be taken if it appears that such conduct has accidentally resulted in acquisition of such a communication or data.”
(2) In section 22 of that Act (obtaining and disclosing communications data), after subsection (9) insert—
“(10) An authorisation or notice under this section does not authorise or require anything to be done for the purpose of obtaining or disclosing communications data relating to the communication of matters subject to legal privilege.
(11) In subsection (10), “matters subject to legal privilege” means matters to which section 98(2), (3) or (4) of the Police Act 1997 applies, but does not include a communication made with the intention of furthering a criminal purpose.
(12) The Secretary of State may by regulations make provision for the determination (on an application for an authorisation or otherwise) of the question whether, in any case, a communication is made with the intention of furthering a criminal purpose.
(13) A code of practice issued under section 71 may in particular contain provision about—
(a) the steps to be taken to minimise the risk of accidentally obtaining or disclosing communications data falling within subsection (10) in the course of anything done under this section;
(b) the steps to be taken if it appears that anything done under this section has accidentally resulted in such data being obtained or disclosed.”
(3) In section 27 of that Act (authorised surveillance and human intelligence sources), after subsection (4) insert—
“(5) An authorisation under section 28 or 32 does not authorise surveillance for the purpose of obtaining information about—
(a) anything taking place on so much of any premises as is in use for the purpose of legal consultations, or
(b) matters subject to legal privilege.
(6) An authorisation under section 29 does not authorise any activities involving conduct of a covert human intelligence source, or the use of such a source, for the purpose of—
(a) obtaining matters subject to legal privilege,
(b) providing access to any matters subject to legal privilege to another person, or
(c) disclosing matters subject to legal privilege.
(7) In subsection (5), “legal consultation” means—
(a) a consultation between a professional legal adviser and his client or any person representing his client, or
(b) a consultation between a professional legal adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purpose of such proceedings,
except in so far as the consultation consists of anything done with the intention of furthering a criminal purpose.
(8) In subsections (5) and (6), “matters subject to legal privilege” means matters to which section 98(2), (3) or (4) of the Police Act 1997 applies, but does not include anything done with the intention of furthering a criminal purpose.
(9) The Secretary of State may by regulations make provision for the determination (on an application for an authorisation or otherwise) of the question whether, for the purpose of subsection (7) or (8), anything is done with the intention of furthering a criminal purpose.
(10) A code of practice issued under section 71 may in particular contain provision about—
(a) the steps to be taken to minimise the risk of conduct undertaken in reliance on this Part accidentally resulting in information of a kind mentioned in subsection (5) being obtained or in any of the things mentioned in subsection (6)(a), (b) or (c) being done;
(b) the steps to be taken if it appears that such conduct has accidentally resulted in such information being obtained or such things being done.””
BARONESS ROYALL OF BLAISDON
LORD ROSSER
LORD TUNNICLIFFE
130*
Insert the following new Clause—
“Clarification of unlawful interception under RIPA
(1) After section 2(7) of the Regulation of Investigatory Powers Act 2000 (meaning and location of “interception” etc) insert—
“(7A) The fact that the intended recipient has collected or otherwise accessed such stored communication, shall not affect the definition of communication in transmission under subsection (7).””
Before Clause 39
LORD SELSDON
131
Insert the following new Clause—
“List of powers of entry
The Secretary of State shall ensure that the list of powers of entry in Schedule (Acts and secondary legislation containing powers of entry) is kept up to date and published.”
Before Schedule 2
LORD SELSDON
132
Insert the following new Schedule—
“SCHEDULE Acts and secondary legislation containing powers of entry Primary legislation Part 1Adoption and Children Act 2002
Agricultural Marketing Act 1958
Agricultural Produce (Grading and Marking) Act 1928
Agriculture Act 1947
Agriculture Act 1967
Agriculture Act 1970
Agriculture and Horticulture Act 1964
Air Force Act 1955
Alcoholic Liquor Duties Act 1979
Ancient Monuments & Archaeological Areas Act 1979
Animal Boarding Establishments Act 1963
Animal Health Act 1981
Animal Welfare Act 2006
Animal (Scientific Procedures) Act 1986
Anti-social Behaviour Act 2003
Anti-terrorism, Crime and Security Act 2001
Arbitration Act 1996
Armed Forces Act 2001
Army Act 1955
Atomic Energy Act 1946
Aviation and Maritime Security Act 1990
Aviation Security Act 1982
Bees Act 1980
Betting and Gaming Duties Act 1981
Biological Weapons Act 1974
Breeding of Dogs Act 1973
Breeding of Dogs Act 1991
British Fishing Boats Act 1983
British Railways Act 1993
Broadcasting Act 1990
Broadcasting Act 1996
Building Act 1984
Caravan Sites and Control of Development Act 1960
Care Standards Act 2000
Channel Tunnel Act 1987
Charities Act 1993
Chemical Weapons Act 1996
Child Support Act 1991
Childcare Act 2006
Children (Scotland) Act 1995
Children Act 1989
Children Act 2004
Children and Young Persons (Harmful Publications) Act 1955
Children and Young Persons Act 1933
City of London (Various Powers) Act 1950
City of London (Various Powers) Act 1961
City of London (Various Powers) Act 1965
City of London (Various Powers) Act 1977
Civil Aviation Act 1982
Civil Procedure Act 1997
Clean Air Act 1993
Clean Neighbourhoods and Environment Act 2005
Coal Industry Act 1994
Coal Mining Subsidence Act 1991
Coast Protection Act 1949
Commissioner for Older People (Wales) Act 2006
Common Law Procedure Act 1852
Commonhold and Leasehold Reform Act 2002
Communications Act 2003
Companies Act 1985
Compensation Act 2006
Competition Act 1998
Compulsory Purchase Act 1965
Computer Misuse Act 1990
Conservation of Seals Act 1970
Consumer Credit Act 1974
Consumer Protection Act 1987
Control of Pollution (Amendment) Act 1989
Control of Pollution Act 1974
Copyright, Designs and Patents Act 1988
Countryside Act 1968
Countryside and Rights of Way Act 2000
Crime (International Co-operation) Act 2003
Criminal Damage Act 1971
Criminal Justice (Scotland) Act 1987
Criminal Justice Act 1987
Criminal Justice Act 1988
Criminal Justice and Police Act 2001
Criminal Justice and Public Order Act 1994
Criminal Libel Act 1819
Customs and Excise Management Act 1979
Dangerous Dogs Act 1991
Dangerous Wild Animals Act 1976
Data Protection Act 1998
Development of Tourism Act 1969
Diseases of Fish Act 1937
Distress for Rent Act 1737
Dogs (Protection of Livestock) Act 1953
Drug Trafficking Act 1994
Education Act 1997
Education and Inspections Act 2006
Education Reform Act 1988
Electricity Act 1989
Employment Agencies Act 1973
Endangered Species (Import and Export) Act 1976
Energy Act 1976
Enterprise Act 2002
Environmental Protection Act 1990
Estate Agents Act 1979
Explosives Act 1875
Extradition Act 2003
Fair Trading Act 1973
Family Law Act 1986
Finance Act 1994
Finance Act 1996
Finance Act 2000
Finance Act 2001
Finance Act 2003
Financial Services and Markets Act 2000
Fire and Rescue Services Act 2004
Firearms (Amendment) Act 1988
Firearms Act 1968
Fisheries Act 1981
Food and Environment Protection Act 1985
Food Safety Act 1990
Food Standards Act 1999
Football Spectators Act 1989
Forgery and Counterfeiting Act 1981
Freedom of Information Act 2000
Fur Farming (Prohibition) Act 2000
Gambling Act 2005
Gangmasters (Licensing) Act 2004
Gas Act 1965
Gas Act 1986
Goods Vehicles (Licensing of Operators) Act 1995
Government of Wales Act 1998
Greater London Council (General Powers) Act 1968
Greater London Council (General Powers) Act 1981
Greater London Council (General Powers) Act 1984
Gun Barrel Proof Act 1868
Harbour, Docks, and Piers Clauses Act 1847
Health Act 2006
Health and Safety at Work etc Act 1974
Health and Social Care (Community Health and Standards) Act 2003
Highways Act 1980
Hill Farming Act 1946
Housing Act 1985
Housing Act 1996
Housing Act 2004
Human Fertilisation and Embryology Act 1990
Human Tissue Act 2004
Immigration Act 1971
Immigration and Asylum Act 1999
Incitement to Disaffection Act 1934
Indecent Displays (Control) Act 1981
Inheritance Tax Act 1984
International Carriage of Perishable Foodstuffs Act 1976
International Criminal Court Act 2001
International Road Haulage Permits Act 1975
Knives Act 1997
Land Drainage Act 1991
Land Powers (Defence) Act 1958
Landlord and Tenant Act 1927
Landmines Act 1998
Leasehold Reform, Housing and Urban Development Act 1993
Licensing Act 2003
Local Government (Miscellaneous Provisions) Act 1976
Local Government (Miscellaneous Provisions) Act 1982
Local Government and Housing Act 1989
Local Government Finance Act 1988
Local Government Finance Act 1992
Local Government, Planning and Land Act 1980
London Building Act 1930
London Building Acts (Amendment) Act 1939
London County Council (General Powers) Act 1912
London County Council (General Powers) Act 1920
London County Council (General Powers) Act 1948
London County Council (General Powers) Act 1949
London County Council (General Powers) Act 1956
London County Council (General Powers) Act 1957
London County Council (General Powers) Act 1959
London County Council (General Powers) Act 1963
London Local Authorities Act 1991
London Local Authorities Act 1995
London Local Authorities Act 1996
London Local Authorities Act 2004
London Olympic Games and Paralympic Games Act 2006
Magistrates’ Courts Act 1980
Medicines Act 1968
Mental Health Act 1983
Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879
Metropolis Water Act 1852
Metropolitan Police Act 1839
Metropolitan Water Board Act 1927
Mineral Workings Act 1985
Misuse of Drugs Act 1971
National Assistance Act 1948
National Health Service (Wales) Act 2006
National Health Service Act 2006
National Health Service and Community Care Act 1990
National Health Service Reform and Health Care Professions Act 2002
National Heritage Act 1983
National Minimum Wage Act 1998
National Parks and Access to the Countryside Act 1949
Natural Environment and Rural Communities Act 2006
Noise Act 1996
Noise and Statutory Nuisance Act 1993
Nuclear Explosions (Prohibition and Inspections) Act 1998
Nuclear Safeguards Act 2000
Nuclear Safeguards and Electricity (Finance) Act 1978
Obscene Publications Act 1959
Offences against the Person Act 1861
Official Secrets Act 1911
Olympic Symbol etc (Protection) Act 1995
Ordnance Survey Act 1841
Party Wall etc Act 1996
Pensions Act 2004
Performing Animals (Regulation) Act 1925
Pests Act 1954
Pet Animals Act 1951
Petroleum (Consolidation) Act 1928
Planning (Hazardous Substances) Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
Plant Health Act 1967
Plant Varieties and Seeds Act 1964
Poisons Act 1972
Police Act 1997
Police and Criminal Evidence Act 1984
Police Reform Act 2002
Political Parties, Elections and Referendums Act 2000
Port of London Act 1968
Postal Services Act 2000
Prevention of Damage by Pests Act 1949
Prevention of Terrorism Act 2005
Prices Act 1974
Private Security Industry Act 2001
Proceeds of Crime Act 2002
Property Misdescriptions Act 1991
Protection of Badgers Act 1992
Protection of Children Act 1978
Public Health Act 1875
Public Health Act 1936
Public Order Act 1936
Public Order Act 1986
Public Stores Act 1875
Radioactive Material (Road Transport) Act 1991
Railways Act 1993
Railways and Transport Safety Act 2003
Refuse Disposal (Amenity) Act 1978
Regional Development Agencies Act 1998
Reservoirs Act 1975
Riding Establishments Act 1964
Rights of Entry (Gas and Elecricity Boards) Act 1954
Road Traffic Act 1988
Road Traffic Regulation Act 1984
Safety of Sports Grounds Act 1975
Salmon Act 1986
Salmon and Freshwater Fisheries Act 1975
Scrap Metal Dealers Act 1964
Sea Fish (Conservation) Act 1967
Sea Fisheries (Shellfish) Act 1967
Sea Fisheries Regulation Act 1966
Serious Organised Crime and Police Act 2005
Sexual Offences Act 2003
Shipping and Trading Interests (Protection) Act 1995
Slaughter of Poultry Act 1967
Slaughterhouses Act 1974
Social Security Administration Act 1992
Solicitors Act 1974
Stamp Act 1891
Sunday Trading Act 1994
Taxes Management Act 1970
Telecommunications Act 1984
Terrorism Act 2000
Terrorism Act 2006
Theatres Act 1968
Theft Act 1968
Tobacco Advertising and Promotion Act 2002
Town and Country Planning Act 1990
Trade Descriptions Act 1968
Trade Marks Act 1994
Trading with the Enemy Act 1939
Transport Act 1968
Transport Act 2000
Transport and Works Act 1992
Tribunal, Courts and Enforcement Act 2007
Value Added Tax Act 1994
Vehicles (Crime) Act 2001
Video Recordings Act 1984
Waste and Emissions Trading Act 2003
Water Industry Act 1991
Water Resources Act 1991
Weeds Act 1959
Weights and Measures Act 1985
Welsh Development Agency Act 1975
Wildlife and Countryside Act 1981
Wireless Telegraphy Act 2006
Zoo Licensing Act 1981.
Secondary legislation Part 2Adult Placement Schemes (Wales) Regulations 2004
Advanced Television Services Regulations 2003
Aerosol Dispensers (EEC Requirements) Regulations 1977
African Swine Fever (Wales) Order 2003
Agricultural Land Tribunals (Rules) Order 2007
Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002
Agricultural, Fishery and Aquaculture Products (Improvement Grant) Regulations 1991
Agriculture and Horticulture Development Regulations 1980
Agriculture Improvement Regulations 1985
Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977
Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003
Animal By-Products (Wales) Regulations 2006
Animal By-Products Regulations 2005
Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) (England and Wales) Order 2006
Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997
Animals and Animal Products (Import and Export) (England) Regulations 2006
Animals and Animal Products (Import and Export) (Wales) Regulations 2006
Apple and Pear Orchard Grubbing Up Regulations 1998
Avian Influenza (H5N1 in Wild Birds) (England) Order 2006
Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006
Avian Influenza (Vaccination) (England) Regulations 2006
Avian Influenza (Vaccination) (Wales) (No 2) Regulations 2006
Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006
Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006
Beef (Marketing Payment) (No 2) Regulations 1996
Beef (Marketing Payment) Regulations 1996
Beef Carcase (Classification) (England) Regulations 2004
Beef Labelling (Enforcement) (England) Regulations 2000
Beef Special Premium Regulations 2001
Biocidal Products Regulations 2001
Biofuel (Labelling) Regulations 2004
Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) Regulations 2004
Blood Safety and Quality Regulations 2005
Bluetongue (Wales) Regulations 2008
Bluetongue Regulations 2008
Bovine Hides Regulations 1997
Bovine Semen (England) Regulations 2007
British Wool Marketing Scheme (Approval) Order 1950
Brucellosis (Wales) Order 2006
Business Protection from Misleading Marketing Regulations 2008
Calibration of Tanks and Vessels (EEC Requirements) Regulations 1975
Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001
Carriage of Goods (Prohibition of Discrimination) Regulations 1977
Cattle Identification (Wales) Regulations 2007
Cattle Identification Regulations 2007
Cattle Plague Order 1928
Channel Tunnel (Security) Order 1994
Child Support (Information, Evidence and Disclosure) Regulations 1992
Civil Aviation (Working Time) Regulations 2004
Civil Procedure Rules 1998
Clinical Thermometers (EEC Requirements) Regulations 1993
Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992
Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001
Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control Systems) Regulations 2005
Community Health Councils Regulations 2004
Compensation (Claims Management Services) Regulations 2006
Conservation (Natural Habitats, &c) Regulations 1994
Construction Products Regulations 1991
Consumer Protection from Unfair Trading Regulations 2008
Control of Trade in Endangered Species (Enforcement) Regulations 1997
Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008
Controls on Dangerous Substances and Preparations Regulations 2006
Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005
Dairy Produce Quotas (General Provisions) Regulations 2002
Detergents Regulations 2005
Diseases of Fish (Control) Regulations 1994
Diseases of Poultry (England) Order 2003
Diseases of Poultry (Wales) Order 2003
Domiciliary Care Agencies (Wales) Regulations 2004
Dutch Elm Disease (Local Authorities) Order 1984
Dutch Potatoes (Notification) (England) Order 2005
Early Years Foundation Stage (Learning and Development Requirements) Order 2007
EC Fertilisers (England and Wales) Regulations 2006
Ecodesign for Energy-Using Products Regulations 2007
Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004
Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003
Electromagnetic Compatibility Regulations 2006
End-of-Life Vehicles (Producer Responsibility) Regulations 2005
Energy Information (Combined Washer-driers) Regulations 1997
Energy Information (Dishwashers) Regulations 1999
Energy Information (Household Air Conditioners) (No. 2) Regulations 2005
Energy Information (Household Electric Ovens) Regulations 2003
Energy Information (Household Refrigerators and Freezers) Regulations 2004
Energy Information (Lamps) Regulations 1999
Energy Information (Tumble Driers) Regulations 1996
Energy Information (Washing Machines) Regulations 1996
Environmental Impact Assessment (Agriculture) (England) (No 2) Regulations 2006
Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007
Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002
Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations 2003
Environmental Protection (Restriction on Use of Lead Shot) (Wales) Regulations 2002
Enzootic Bovine Leukosis (England) Order 2000
Enzootic Bovine Leukosis (Wales) Order 2006
Export of Radioactive Sources (Control) Order 2006
Export Restrictions (Foot-and-Mouth Disease) Regulations 2007
Farm and Conservation Grant Regulations 1989
Farm and Conservation Grant Regulations 1991
Farm and Horticulture Development Regulations 1981
Feed (Hygiene and Enforcement) (England) Regulations 2005
Feed (Hygiene and Enforcement) (Wales) Regulations 2005
Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
Fish Health Regulations 1997
Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001
Fisheries and Aquaculture Structures (Grants) (Wales) Regulations 2002
Fisheries and Aquaculture Structures (Grants) Regulations 1995
Fishing Boats (Satellite-Tracking Devices) (England) Scheme 2004
Fishing Boats (Satellite-Tracking Devices) (Wales) Scheme 2006
Fishing Vessels (Decommissioning) Scheme 1997
Fishing Vessels (Decommissioning) Scheme 2003
Fishing Vessels (Safety Improvements) (Grants) Scheme 1995
Fluorinated Greenhouse Gases Regulations 2008
Food Hygiene (England) Regulations 2006
Food Hygiene (Wales) Regulations 2006
Forest Reproductive Material (Great Britain) Regulations 2002
Gambling Act 2005 (Inspection) (Provision of Information) Regulations 2007
Gas (Calculation of Thermal Energy) Regulations 1996
Gas (Road Fuel) Regulations 1972
Gas Safety (Management) Regulations 1996
Gas Safety (Rights of Entry) Regulations 1996
General Product Safety Regulations 2005
Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004
Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005
Genetically Modified Organisms (Transboundary Movements) (England) Regulations 2004
Good Laboratory Practice Regulations 1999
Grants for Fishing and Aquaculture Industries Regulations 2007
Health and Safety Inquiries (Procedure) Regulations 1975
Hedgerows Regulations 1997
Hemp (Third Country Imports) Regulations 2002
Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999
Hops Certification Regulations 1979
Horse Passports (England) Regulations 2004
Horse Passports (Wales) Regulations 2005
Hovercraft (General) Order 1972
Human Tissue (Quality and Safety for Human Application) Regulations 2007
Hydrocarbon Oil Regulations 1973
Importation of Animal Pathogens Order 1980
Importation of Animal Products and Poultry Products Order 1980
Importation of Animals Order 1977
Importation of Birds, Poultry and Hatching Eggs Order 1979
Importation of Embryos, Ova and Semen Order 1980
Importation of Hay and Straw Order 1979
Importation of Processed Animal Protein Order 1981
Imported Livestock Order 1958
Incidental Catches of Cetaceans in Fisheries (England) Order 2005
Information Tribunal (Enforcement Appeals) Rules 2005
Landfill Allowances and Trading Scheme (England) Regulations 2004
Landfill Allowances Scheme (Wales) Regulations 2004
Lands Tribunal Rules 1996
Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008
Local Involvement Networks Regulations 2008
Marketing of Fruit Plant Material Regulations 1995
Marketing of Ornamental Plant Propagating Material Regulations 1999
Marketing of Vegetable Plant Material Regulations 1995
Measuring Container Bottles (EEC Requirements) Regulations 1977
Measuring Instruments (Active Electrical Energy Meters) Regulations 2006
Measuring Instruments (Automatic Catchweighers) Regulations 2006
Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006
Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006
Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006
Measuring Instruments (Beltweighers) Regulations 2006
Measuring Instruments (Capacity Serving Measures) Regulations 2006
Measuring Instruments (Cold-water Meters) Regulations 2006
Measuring Instruments (EEC Requirements) Regulations 1988
Measuring Instruments (Exhaust Gas Analysers) Regulations 2006
Measuring Instruments (Gas Meters) Regulations 2006
Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006
Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006
Measuring Instruments (Material Measures of Length) Regulations 2006
Measuring Instruments (Taximeters) Regulations 2006
Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999
Money Laundering Regulations 2007
Motor Vehicles (Tests) Regulations 1981
National Assistance (Powers of Inspection) Regulations 1948
National Health Service (General Dental Services Contracts) (Wales) Regulations 2006
National Health Service (General Dental Services Contracts) Regulations 2005
National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
National Health Service (General Medical Services Contracts) Regulations 2004
National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006
National Health Service (Personal Dental Services Agreements) Regulations 2005
National Health Service (Personal Medical Services Agreements) Regulations 2004
National Health Service (Pharmaceutical Services) Regulations 1992
National Health Service (Pharmaceutical Services) Regulations 2005
Network Rail (West Coast Main Line) Order 2004
Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
Non Commercial Movement of Pet Animals (England) Regulations 2004
Non-automatic Weighing Instruments Regulations 2000
Non-Marketing of Milk and Milk Products and the Dairy Herd Conversion Premiums Regulations 1977
Notification of Existing Substances (Enforcement) Regulations 1994
Nursing and Midwifery Council (Midwives) Rules Order of Council 2004
Official Controls (Animals, Feed and Food) (England) Regulations 2006
Official Controls (Animals, Feed and Food) (Wales) Regulations 2007
Official Feed and Food Controls (England) Regulations 2007
Official Feed and Food Controls (Wales) Regulations 2007
Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007
Older Cattle (Disposal) (Wales) Regulations 2006
Olive Oil (Marketing Standards) Regulations 2003
Organic Products Regulations 2004
Ozone Depleting Substances (Qualifications) Regulations 2006
Package Travel, Package Holidays and Package Tours Regulations 1992
Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001
Patients’ Forums (Functions) Regulations 2003
Pig Carcase (Grading) Regulations 1994
Plant Health (England) Order 2005
Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004
Plant Health (Forestry) Order 2005
Plant Health (Phytophthora kernovii Management Zone) (England) Order 2004
Plant Health (Phytophthora ramorum) (England) Order 2004
Plant Health (Phytophthora ramorum) (Wales) Order 2006
Plant Health (Wales) Order 2006
Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006
Pleuro-Pneumonia Order 1928
Police Act 1997 (Criminal Records) (Registration) Regulations 2006
Police and Criminal Evidence Act 1984 (Application to Revenue & Customs) Order 2007
Potatoes (Protection of Guarantees) Order 1984
Potatoes Originating in the Netherlands (Notification) (Wales) Order 2005
Poultry Meat (Water Content) Regulations 1984
Private and Voluntary Health Care (England) Regulations 2001
Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
Products of Animal Origin (Disease Control) (England) Regulations 2008
Products of Animal Origin (Disease Control) (Wales) Regulations 2008
Products of Animal Origin (Import and Export) Regulations 1996
Products of Animal Origin (Third Country Imports) (England) Regulations 2006
Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007
Rabies (Control) Order 1974
Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
Registration of Establishments (Laying Hens) (England) Regulations 2003
Registration of Establishments (Laying Hens) (Wales) Regulations 2004
Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2006
Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005
Regulatory Reform (Fire Safety) Order 2005
Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008
Return of Cultural Objects Regulations 1994
Road Transport (International Passenger Services) Regulations 1984
Road Transport (Working Time) Regulations 2005
Road Vehicles (Construction and Use) Regulations 1986
Rural Development (Enforcement) (England) Regulations 2007
Rural Development (Enforcement) (England) Regulations 2007
Rural Development Grants (Agriculture and Forestry) Regulations 2000
Salmonella in Broiler Flocks (Survey Powers) (Wales) Regulations 2006
Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005
Scotland Act 1998 (River Tweed) Order 2006
Sea Fish (Marketing Standards) Regulations 1986
Sea Fishing (Days in Port) Regulations 1992
Sea Fishing (Enforcement of Annual Community and Third Country Fishing Measures) (England) Order 2006
Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000
Sea Fishing (Enforcement of Community Conservation Measures) Order 2000
Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000
Sea Fishing (Enforcement of Community Control Measures) Order 2000 (2)
Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000
Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000
Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000
Sea Fishing (Northern Hake Stock) (Wales) Order 2006
Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007
Sea Fishing (Restriction on Days at Sea) (No. 2) Order 2003
Sea Fishing (Restriction on Days at Sea) Order 2005
Sea Fishing (Restriction on Days at Sea) Order 2007
Secure Training Centre Rules 1998
Sheep Annual Premium and Suckler Cow Premium Quotas (Re-assessment of Eligibility) Regulations 1996
Sheep Annual Premium Regulations 1992
Sheep Variable Premium (Protection of Payments) (No 2) Order 1980
Statistics of Trade (Customs and Excise) Regulations 1992
Submarine Pipe-lines (Inspectors etc) Regulations 1977
Suckler Cow Premium Regulations 1991
Surplus Food Regulations 1995
Taximeters (EEC Requirements) Regulations 1979
Trade in Goods (Control) Order 2003
Transfer of Funds (Information on the Payer) Regulations 2007
Transmissible Spongiform Encephalopathies (England) Regulations 2008
Transmissible Spongiform Encephalopathies (Wales) Regulations 2006
Veal (Marketing Payment) Regulations 1997
Veterinary Medicines Regulations 2007
Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005
Waste Electrical and Electronic Equipment Regulations 2006
Watermark Disease (Local Authorities) Order 1974
Weights and Measures (Packaged Goods) Regulations 2006
Welfare of Animals (Slaughter or Killing) Regulations 1995
Working Time Regulations 1998
Zoonoses (Monitoring) (England) Regulations 2007
Zoonoses (Monitoring) (Wales) Regulations 2007.”
Clause 40
LORD MARLESFORD
133
Page 33, line 33, at end insert—
“( ) 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 owner or by warrant.”
134
Page 33, line 33, at end insert—
“( ) 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 owner 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.”
After Clause 43
LORD SELSDON
135
Insert the following new Clause—
“Use of powers of entry: code of conduct
(1) The Secretary of State shall establish a code of conduct governing the use of powers of entry.
(2) The code of conduct shall specify that no power of entry shall be exercised unless—
(a) the entry is necessary to avert danger to life or property;
(b) the entry has been authorised by an order of a judge or magistrate;
(c) the order authorising entry has been shown to the person having control of the premises;
(d) the person having control of the premises has agreed that the entry should take place;
(e) the order authorising entry has been requested because there is reason to believe that—
(i) an offence may have been committed, or
(ii) there has been a breach of the provisions of the relevant Act or instrument.
(3) The code of conduct shall also specify that—
(a) no power of entry shall be exercised on a bank holiday or other nationally recognised public holiday;
(b) no entry shall take place except—
(i) between 8am and 6pm on Mondays to Fridays, and
(ii) between 8am and 1pm on Saturdays;
(c) the maximum number of persons who may enter premises shall be four, unless the order authorising entry provides otherwise;
(d) the person authorised to use the power of entry shall, upon entry of any premises, inform the occupier of the premises of—
(i) the authorised person’s identity,
(ii) the identity of all other persons making the entry, and
(iii) the reason for the entry.”
Clause 44
LORD SELSDON
136
Page 34, line 40, at end insert—
“( ) The Secretary of State may, by statutory instrument, from time to time amend the list of powers of entry in Schedule (Acts and secondary legislation containing powers of entry), subject to annulment in pursuance of a resolution of either House of Parliament.”
Clause 45
LORD HENLEY
137
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”
138
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
LORD HENLEY
139
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 51
LORD HENLEY
140
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,”
141
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.”
Schedule 3
LORD HENLEY
142
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,”
Clause 58
LORD ARMSTRONG OF ILMINSTER
BARONESS LIDDELL OF COATDYKE
LORD FAULKS
143
Page 41, line 34, after “place,” insert—
“(iii) at any time when Parliament is sitting or is in recess the Secretary of State, with the concurrence of the Attorney General, considers it would be inexpedient to introduce primary legislation to authorise a temporary extension of detention because of—
(a) time constraints,
(b) the risk of prejudicing the possibility of a fair trial of a person suspected of or charged with a terrorist offence, or
(c) unacceptable risk to public safety or to security,”
LORD HENLEY
144
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.”
145
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.”
Clause 61
LORD HENLEY
146
Page 46, line 24, at beginning insert “reasonably”
Schedule 6
LORD HENLEY
147
Page 138, line 9, at beginning insert “reasonably”
Clause 100
LORD LUCAS
148
Page 85, line 18, leave out “re-use” and insert “being loaded into generally available data or document processing programs, as the applicant may request”
149
Page 86, leave out lines 18 to 22
150
Page 87, line 39, leave out “provide for a reasonable return on investment” and insert “take into account the desirability of the dataset being widely available to the public”
BARONESS BRINTON
BARONESS BENJAMIN
151
Page 89, line 27, at end insert—
“( ) In section 22 (information intended for future publication) after subsection (1) insert—
“(1A) Information obtained in the course of, or derived from, a programme of research or research project is exempt information if—
(a) the programme or project is continuing with a view to a report of the research (whether or not including a statement of that information) being published by—
(i) a public authority as defined by section 3 of this Act; or
(ii) any other person; and
(b) disclosure of the information before the date of publication would, or would be likely to, prejudice substantially—
(i) the programme or project;
(ii) peer review of the programme or project;
(iii) the interests of any individual participating in the programme or project;
(iv) the interests of the authority which holds the information or the interests of any party collaborating with the authority in connection with the programme or project; or
(v) the physical or mental health of any individual.””
After Clause 102
LORD SOLEY
152
Insert the following new Clause—
“Right to information regarding the ownership of land
After section 1 of the Freedom of Information Act 2000 (general right of access to information) insert—
“1A Right to information regarding the ownership of land
(1) Any person making a request for information to a public authority about the ownership of land is entitled to be informed whether—
(a) the land is owned, and
(b) there has been a registered owner in the last 100 years.
(2) The relevant public authority shall have a duty to provide such information upon request.
(3) Where—
(a) such a request is made in relation to a dispute over the ownership of the land, and
(b) the information is not held by the public authority,
the public authority shall also have a duty to search for the information requested.””
Schedule 9
LORD HENLEY
153
Page 167, line 9, leave out “, 21 and 23” and insert “and 21 to 23”
154
Page 167, line 11, leave out sub-paragraph (3)
155
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).””
156
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”.”
157
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.””
158
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;”.”
159
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.””
160
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.””
161
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).”
162
Page 181, line 35, after “116A(1)” insert “or 120AC(1)”
163
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.”
Schedule 10
LORD HENLEY
164
Page 185, leave out lines 12 to 16
165
Page 185, leave out lines 26 to 30
166
Page 185, line 39, leave out “22(2)” and insert “22”
167
Page 196, line 11, at end insert—
“In section 120(2), paragraph (c) and the word “and” before it.” |
168
Page 196, line 13, leave out “Section 124(5).” and insert—
“In section 124— | |
(a) in subsection (4)(b), the words “(5) or”, and | |
(b) subsection (5).” |
169
Page 196, line 15, at end insert—
“Safeguarding Vulnerable Groups Act 2006 | In Schedule 9, paragraph 14(5) and (6).” |
Clause 112
LORD HENLEY
170
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”
Clause 113
LORD HENLEY
171
Page 96, line 1, leave out “and 6 to 10” and insert “, 6, 7, 9 and 10”
172
Page 96, line 2, leave out “(8)(i)” and insert “(8)(l)”
173
Page 96, line 4, leave out “(8)(i)” and insert “(8)(l)”
174
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,”
175
Page 96, line 22, leave out “Parts 5 and 6” and insert “Part 5”
176
Page 96, line 44, after “have” insert “(subject to subsection (2)(aa))”