Protection of Freedoms Bill

SECOND
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 37 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

[]

Clause 37

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) in subsection (4)(b) omit 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 privilege

Investigatory 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 1

Adoption 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 2

Adult 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))”

Prepared 14th December 2011