Protection of Freedoms Bill (HL Bill 99)

(i) after “22(9),” insert “23A(6),”, and

(ii) after “30(7),” insert “32A(7),”, and

(c) in subsection (5) after “the Secretary of State” insert “or (as the case
may be) the Lord Chancellor”.

5Part 4 Vehicles left on land

Road Traffic Regulation Act 1984

17 (1) Section 102 of the Road Traffic Regulation Act 1984 (charges for removal,
storage and disposal of vehicles) is amended as follows.

(2) 10In subsection (1)(b) for “, or from land in the open air,” substitute “or other
land”.

(3) In subsection (8), in the definition of “appropriate authority”, in paragraph
(b), for “land in the open air” substitute “other land”.

Airports Act 1986

18 (1) 15Section 66 of the Airports Act 1986 (functions of operators of designated
airports as respects abandoned vehicles) is amended as follows.

(2) In subsection (2)(a) for the words from “from roads if” to “abandoned”
substitute “illegally, obstructively or dangerously parked, or abandoned or
broken down”.

(3) 20In subsection (3)—

(a) omit paragraph (b) (but not the word “or” at the end of the
paragraph), and

(b) in paragraph (c), for “any of those sections” substitute “that section”.

(4) In the heading, after “abandoned vehicles” insert “etc.”.

25Private Security Industry Act 2001

19 (1) The Private Security Industry Act 2001 is amended as follows.

(2) In section 3(2) (conduct subject to a licence)—

(a) after paragraph (h) insert “or”, and

(b) omit paragraph (j) and the word “or” before it.

(3) 30In section 4A(2) (licensable conduct)—

(a) omit paragraph (a),

(b) omit paragraph (b) and the word “or” at the end of the paragraph,
and

(c) in paragraph (c), omit “other”.

(4) 35Omit section 6 (offence of using unlicensed wheel-clampers).

(5) Omit section 22A (charges for vehicle release: appeals).

(6) In section 24(4) (orders and regulations) omit the words from “(except” to
“or 22A)”.

(7) In section 25(1) (interpretation) omit the definition of “motor vehicle”.

(8) In Schedule 2 (activities liable to control) omit the following—

(a) paragraph 3,

(b) paragraph 3A,

(c) 5paragraph 9, and

(d) paragraph 9A.

Part 5 Counter-terrorism powers

Police and Criminal Evidence Act 1984

20 10After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of
practice in relation to statutory search powers etc.) insert—

“(3) Nothing in this section requires the Secretary of State to issue a code
of practice in relation to any matter falling within the code of practice
issued under section 47AB(2) of the Terrorism Act 2000 (as that code
15is altered or replaced from time to time) (code of practice in relation
to terrorism powers to search persons and vehicles and to stop and
search in specified locations).”

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12))

21 In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order
201989 (codes of practice in relation to statutory search powers etc.)—

(a) the existing provisions become paragraph (1), and

(b) after that paragraph insert—

“(2) Nothing in this Article requires the issuing of a code of
practice in relation to any matter falling within the code of
25practice issued under section 47AB(2) of the Terrorism Act
2000 (as that code is altered or replaced from time to time)
(code of practice in relation to terrorism powers to search
persons and vehicles and to stop and search in specified
locations).”

30Terrorism Act 2000

22 The Terrorism Act 2000 is amended as follows.

23 In the italic cross-heading before section 40, after “Suspected terrorists”
insert “etc.”.

24 (1) Section 123 (orders and regulations) is amended as follows.

(2) 35In subsection (4), after paragraph (aa), insert—

“(ab) section 47AB;”.

(3) In subsection (5), after “paragraph (aa)” insert “, (ab)”.

25 (1) Schedule 8 (detention) is amended as follows.

(2) In paragraph 36, in sub-paragraph (1A), for the words from “is” to the end
40of the sub-paragraph substitute “is a judicial authority”.

(3) In paragraph 36 omit—

(a) sub-paragraph (1B),

(b) in sub-paragraph (3AA), the words “or senior judge” in both places
where they appear,

(c) 5in sub-paragraph (4), the words from “but” onwards,

(d) in sub-paragraph (5), the words “or senior judge”, and

(e) sub-paragraph (7).

(4) In paragraph 37(2) omit “or senior judge”.

Regulation of Investigatory Powers Act 2000

26 10In paragraph 6(3) of Schedule 2 to the Regulation of Investigatory Powers
Act 2000 (general requirements relating to the appropriate permission)—

(a) in paragraph (a)—

(i) for “section 44” substitute “section 47A”, and

(ii) after “(power to stop and search)” insert “(including that
15section as it had effect by virtue of the Terrorism Act 2000
(Remedial) Order 2011 (S.I. 2011/631S.I. 2011/631)”,

(b) in paragraph (b)—

(i) at the beginning insert “section 44 of the Terrorism Act 2000
or”, and

(ii) 20for the words from “had” to “section 44 of the Terrorism Act
2000” substitute “previously had effect for similar purposes”,
and

(c) after “mentioned in” insert “paragraph 14(1) and (2) of Schedule 6B
to that Act of 2000 (see the definition of “senior police officer”),”.

25Criminal Justice and Police Act 2001

27 In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of
seizure to which section 50 of that Act applies), after paragraph 69 and the
italic cross-heading relating to the Terrorism Act 2000, insert—

“69A The power of seizure conferred by section 43(4B)(b) of the
30Terrorism Act 2000 (seizure on the occasion of a search of a vehicle
in relation to a person suspected of being a terrorist).

69B The power of seizure conferred by section 43A(3) of the Terrorism
Act 2000 (seizure on the occasion of a search of a vehicle suspected
of being used for the purposes of terrorism).”

28 35In Part 2 of that Schedule to that Act (powers of seizure to which section 51
of that Act applies) after paragraph 82 insert—

“82A The power of seizure conferred by section 43A(3) of the Terrorism
Act 2000 (seizure on the occasion of a search of a vehicle suspected
of being used for the purposes of terrorism).”.

40Police Reform Act 2002

29 In paragraph 15(1) of Schedule 4 to the Police Reform Act 2002 (powers of
stop and search for community support officers)—

(a) in paragraph (a)—

(i) for “section 44(1)(a) and (d) and (2)(b) and 45(2)” substitute
“section 47A(2)(a) and (d), (3)(b) and (6)”,

(ii) in sub-paragraph (iv) for “any article” substitute “anything
which is”, and

(iii) 5also in sub-paragraph (iv), for “section 44(1) or (2) of that Act”
substitute “section 47A(2) or (3) of that Act and which he
reasonably suspects may constitute evidence that the vehicle
concerned is being used for the purposes of terrorism or (as
the case may be) that the person concerned is a person falling
10within section 40(1)(b) of that Act”, and

(b) in paragraph (b) for “subsections (1) and (4) of section 45 of”
substitute “subsections (4) and (5) of section 47A of, and paragraphs
1 and 2 of Schedule 6B to,”.

Police (Northern Ireland) Act 2003

30 15In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003
(powers of stop and search for community support officers)—

(a) in sub-paragraph (1)—

(i) for “sections 44(1)(a) and (d) and (2)(b) and 45(2)” substitute
“section 47A(2)(a) and (d), (3)(b) and (6)”,

(ii) 20in paragraph (d) for “any article” substitute “anything which
is”, and

(iii) also in paragraph (d), for “section 44(1) or (2) of that Act”
substitute “section 47A(2) or (3) of that Act and which he
reasonably suspects may constitute evidence that the vehicle
25concerned is being used for the purposes of terrorism or (as
the case may be) that the person concerned is a person falling
within section 40(1)(b) of that Act”, and

(b) in sub-paragraph (2) for “subsections (1) and (4) of section 45 of”
substitute “subsections (4) and (5) of section 47A of, and paragraphs
301 and 2 of Schedule 6B to,”.

Terrorism Act 2006

31 In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—

(a) in subsections (3) and (4) for “under this section” substitute “under
subsection (2)”,

(b) 35in subsection (5) after “Parliament” insert “as soon as the Secretary of
State is satisfied that doing so will not prejudice any criminal
proceedings”,

(c) in subsection (6) for “to carry out a review under this section”
substitute “under subsection (1)”, and

(d) 40after subsection (6) insert—

“(6A) The expenses mentioned in subsection (6) include, in
particular, any expenses incurred by the person appointed
under subsection (1) in ensuring that another person carries
out a review of the kind mentioned in subsection (4A) and
45reports on it.”

Counter-Terrorism Act 2008

32 In section 1(1) of the Counter-Terrorism Act 2008 (power to remove
documents for examination), after paragraph (b), insert—

“(ba) section 43(4B) of that Act (search of vehicle in relation to
5suspected terrorist);

(bb) section 43A of that Act (search of vehicle suspected of being
used for the purposes of terrorism);”.

Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631S.I. 2011/631)

33 The Terrorism Act 2000 (Remedial) Order 2011 is revoked.

10Part 6 Safeguarding of vulnerable groups

Police Act 1997

34 The Police Act 1997 is amended as follows.

35 In section 113BA(2) (suitability information relating to children) omit
15paragraphs (b) to (d).

36 In section 113BB(2) (suitability information relating to vulnerable adults)
omit paragraphs (b) to (d).

37 (1) Section 119 (sources of information) is amended as follows.

(2) In subsection (2) omit “or for the purposes of section 24 of the Safeguarding
20Vulnerable Groups Act 2006”.

(3) In subsection (8)—

(a) omit paragraph (c), and

(b) in paragraph (d) for “that Act” substitute “the Safeguarding
Vulnerable Groups Act 2006”.

38 25In section 119B(5) (independent monitor) omit paragraphs (d) and (e).

Safeguarding Vulnerable Groups Act 2006

39 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

40 In section 4(1) (appeals)—

(a) omit paragraph (a),

(b) 30in paragraph (b)—

(i) after “paragraph” insert “2,”,

(ii) after “5,” insert “8,”, and

(iii) for “that Schedule” substitute “Schedule 3”, and

(c) in paragraph (c) for “or 18” substitute “, 18 or 18A”.

41 35In section 5(4) (regulated activity)—

(a) omit “section 10(3);”, and

(b) omit “paragraph 4 of Schedule 6”.

42 In section 6(8) (regulated activity providers)—

(a) in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or
8(1)(a), (d) or (e)” substitute “paragraph 1(9) or 7(9)”,

(b) omit paragraph (c), and

(c) in paragraph (d)—

(i) 5for “paragraph (a), (b) or (f) of section 59(10)” substitute
“paragraph 7(3E)(a) or (b) of Schedule 4”, and

(ii) for “mentioned in that paragraph” substitute “exercisable by
virtue of that position”.

43 In section 7(5) (barred person not to engage in regulated activity) omit
10paragraphs (b) and (c).

44 Omit section 8 (person not to engage in regulated activity unless subject to
monitoring).

45 In section 9(5) (use of barred person for regulated activity) omit paragraphs
(b) and (c).

46 15Omit section 10 (use of person not subject to monitoring for regulated
activity).

47 Omit section 11 and Schedule 5 (regulated activity provider: failure to
check).

48 Omit section 12 and Schedule 6 (personnel suppliers: failure to check).

49 20Omit section 13 (educational establishments: check on members of
governing body).

50 Omit section 14 (office holders: offences).

51 Omit section 15 (sections 13 and 14: checks).

52 Omit section 16 (exception to requirement to make monitoring check).

53 25Omit section 17 (NHS employment).

54 (1) Section 18 (offences: companies etc.) is amended as follows.

(2) In subsection (1)—

(a) omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

(3) 30In subsection (2)—

(a) omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

55 (1) Section 19 (offences: other persons) is amended as follows.

(2) Omit subsection (1).

(3) 35Omit subsections (3) and (4).

(4) Omit subsections (6) and (7).

(5) In subsection (8)—

(a) for “subsections (2)(b) and (3)(b)” substitute “subsection (2)(b)”, and

(b) omit paragraphs (b) and (c).

(6) 40Omit subsection (9).

56 In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).

57 In section 35 (regulated activity providers: duty to refer)—

(a) in subsection (1), omit paragraph (b), and

(b) omit subsection (6).

58 (1) 5Section 36 (personnel suppliers: duty to refer) is amended as follows.

(2) In subsection (1) omit “or controlled activity”.

(3) In subsection (3)(a) omit “or controlled”.

59 (1) Section 37 (regulated activity providers: duty to provide information on
request etc.) is amended as follows.

(2) 10In subsection (2)—

(a) omit paragraph (b), and

(b) in paragraph (d), omit “or controlled”.

(3) In subsection (4) omit “or controlled”.

(4) In subsection (5) omit “or controlled”.

60 15In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3
for “Either of” substitute “Any of”.

61 (1) Section 50A (provision of information to the police) is amended as follows.

(2) In subsection (2) for “power conferred by subsection (1) does” substitute
“powers conferred by this section do”.

(3) 20In subsection (3) for “subsection (1)” substitute “this section”.

(4) In the heading to section 50A, and in the italic cross-heading before it, after
“police” insert “etc.”.

62 In section 51(5) (Crown application) omit paragraph (b).

63 (1) Section 54 (devolution: alignment) is amended as follows.

(2) 25In subsection (2) omit paragraph (a).

(3) In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).

(4) In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).

(5) Omit subsection (5).

64 (1) Section 56 (devolution: Wales) is amended as follows.

(2) 30Omit subsection (1).

(3) In subsection (2)—

(a) in paragraph (a) for “45(1), (5) or (9)” substitute “45(9)”,

(b) omit paragraph (c), and

(c) in paragraphs (d) and (e), omit “or (8)”.

(4) 35In subsection (3)—

(a) omit paragraphs (b) to (f),

(b) after paragraph (f) insert—

“(fa) section 34ZA(7),”,

(c) omit paragraph (j),

(d) in paragraph (l) for “41(1), (5) or (8)” substitute “41(8)”,

(e) omit paragraph (n),

(f) in paragraph (r) for “7(1)(f)” substitute “7(1)(i) or (j)”, and

(g) 5omit paragraphs (s) and (t).

65 In section 57(1)(c) (damages) omit “prescribed”.

66 (1) Section 60 (interpretation) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of “personnel supplier”,
omit “or controlled”.

(3) 10Omit subsection (3).

67 In section 61(3) (orders and regulations)—

(a) omit paragraphs (b) to (e),

(b) at the end of paragraph (h) insert “or”, and

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

68 (1) 15Schedule 3 (barred lists) is amended as follows.

(2) In paragraph 24, omit sub-paragraphs (8) and (9).

(3) In paragraph 25(1) for “will” substitute “may”.

69 (1) Schedule 7 (vetting information) is amended as follows.

(2) In paragraph 1—

(a) 20for “sections 30 and 32” substitute “sections 30A and 30B”, and

(b) omit entries 3, 4, 7, 8 and 17 in the table.

(3) Omit paragraph 3(3).

(4) In the heading to the Schedule for “VETTING INFORMATION” substitute
“BARRING INFORMATION”.

70 25In Schedule 8 (transitional provisions) omit paragraph 5.

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

71 The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.
2007/1351 (N.I.11)) is amended as follows.

72 (1) Article 2 (interpretation) is amended as follows.

(2) 30In the first paragraph (2)—

(a) omit the definition of “institution of further education”, and

(b) in the definition of “personnel supplier”, in sub-paragraph (b), omit
“or controlled”.

(3) Renumber the second paragraph (2) as paragraph (2A).

(4) 35Omit paragraph (3).

73 In Article 8(1) (appeals)—

(a) omit sub-paragraph (a),

(b) in sub-paragraph (b)—

(i) after “paragraph” insert “2,”,

(ii) after “5,” insert “8,”, and

(iii) for “that Schedule” substitute “Schedule 1”, and

(c) in sub-paragraph (c) for “or 18” substitute “, 18 or 18A”.

74 In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).

75 5In Article 10(8) (regulated activity providers)—

(a) omit sub-paragraphs (a) and (c), and

(b) in sub-paragraph (d)—

(i) for “sub-paragraph (a) or (c) of Article 3(10)” substitute
“paragraph 7(3E)(a) or (c) of Schedule 2”, and

(ii) 10for “mentioned in that paragraph” substitute “exercisable by
virtue of that position”.

76 In Article 11(5) (barred person not to engage in regulated activity) omit sub-
paragraphs (b) and (c).

77 Omit Article 12 (person not to engage in regulated activity unless subject to
15monitoring).

78 In Article 13(5) (use of barred person for regulated activity) omit sub-
paragraphs (b) and (c).

79 Omit Article 14 (use of person not subject to monitoring for regulated
activity).

80 20Omit Article 15 and Schedule 3 (regulated activity provider: failure to
check).

81 Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).

82 Omit Article 17 (educational establishments: check on members of
governing body).

83 25Omit Article 18 (office holders: offences).

84 Omit Article 19 (Articles 17 and 18: checks).

85 Omit Article 20 (exception to requirement to make monitoring check).

86 Omit Article 21 (HSS employment).

87 (1) Article 22 (offences: companies etc.) is amended as follows.

(2) 30In paragraph (1)—

(a) omit “, 14, 15, 27, 31”, and

(b) omit “or Schedule 4”.

(3) In paragraph (2)—

(a) omit “, 14, 15, 27, 31”, and

(b) 35omit “or Schedule 4”.

88 (1) Article 23 (offences: other persons) is amended as follows.

(2) Omit paragraph (1).

(3) Omit paragraphs (3) and (4).

(4) Omit paragraphs (6) and (7).

(5) In paragraph (8)—

(a) for “paragraphs (2)(b) and (3)(b)” substitute “paragraph (2)(b)”, and

(b) omit sub-paragraphs (b) and (c).

(6) Omit paragraph (9).

89 5In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).

90 In Article 37 (regulated activity providers: duty to refer)—

(a) in paragraph (1), omit sub-paragraph (b), and

(b) omit paragraph (6).

91 (1) Article 38 (personnel suppliers: duty to refer) is amended as follows.

(2) 10In paragraph (1) omit “or controlled activity”.

(3) In paragraph (3)(a) omit “or controlled”.

92 (1) Article 39 (regulated activity providers: duty to provide information on
request etc.) is amended as follows.

(2) In paragraph (2)—

(a) 15omit sub-paragraph (b), and

(b) in sub-paragraph (d), omit “or controlled”.

(3) In paragraph (4) omit “or controlled”.

(4) In paragraph (5) omit “or controlled”.

93 (1) Article 52A (provision of information to the police) is amended as follows.

(2) 20In paragraph (2) for “power conferred by paragraph (1) does” substitute
“powers conferred by this Article do”.

(3) In the heading to Article 52A, after “Police”, insert “etc.”.

94 In Article 53(5) (Crown application), omit sub-paragraph (b).

95 (1) Article 56 (alignment with rest of UK) is amended as follows.

(2) 25In paragraph (2) omit sub-paragraph (a).

(3) In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of
it).

(4) In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of
it).

(5) 30Omit paragraph (5).

96 In Article 57(1)(c) (damages) omit “prescribed”.

97 (1) Schedule 1(barred lists) is amended as follows.

(2) In paragraph 24, omit sub-paragraphs (8) and (9).

(3) In paragraph 25(1) for “will” substitute “may”.

98 (1) 35Schedule 5 (vetting information) is amended as follows.

(2) In paragraph 1—

(a) for “Articles 32 and 34” substitute “Articles 32A and 32B”, and