Protection of Freedoms Bill (HL Bill 99)

(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”.

99 5In Schedule 6 (transitional provisions) omit paragraph 5.

Part 7 Criminal records

Police Act 1997

100 The Police Act 1997 is amended as follows.

101 (1) 10Section 117 (disputes about accuracy of certificates) is amended as follows.

(2) In the title, for “accuracy of certificates” substitute “certificates and up-date
information”.

(3) After subsection (1A) insert—

“(1B) Where a person believes that the wrong up-date information has
15been given under section 116A in relation to the person’s certificate,
the person may make an application in writing to the Secretary of
State for corrected up-date information.”

(4) In subsection (2)—

(a) after “inaccurate” insert “, or that the wrong up-date information has
20been given,”, and

(b) after “new certificate” insert “or (as the case may be) corrected up-
date information”.

(5) After subsection (2) insert—

“(2A) In this section—

• 25“corrected up-date information”, in relation to a certificate,
  means information which includes—

  (a)

  information that the wrong up-date information was
  given in relation to the certificate on a particular date,
  and

  (b)

  30new up-date information in relation to the certificate,

• “up-date information” has the same meaning as in section
  116A.”

102 (1) Section 118 (evidence of identity) is amended as follows.

(2) In subsection (1)—

(a) 35after “consider” insert “an application as mentioned in section
116A(4)(a) or (5)(a) or”, and

(b) after “117” insert “, 117A”.

(3) In subsection (4) after “117” insert “or 117A”.

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

(2) In subsection (1B), for the words from “determining” to the end substitute
“deciding whether to make a request to that chief officer under section
113B(4)”.

(3) In subsection (4), at the end of paragraph (a), after “registration;” insert—

“(aa) 5any application as mentioned in section 116A(4)(a) or (5)(a);”.

(4) In subsection (8), at the end of paragraph (a), insert—

“(aa) under this Part in relation to any request under section
116A(1);”.

104 (1) Section 119B (independent monitor) is amended as follows.

(2) 10Omit subsection (5)(a).

(3) In subsection (5)(c), omit the words from “or disclosed” to the end.

(4) After subsection (8) insert—

“(8A) The independent monitor has the functions conferred on the monitor
by section 117A.”

(5) 15In subsection (9) after “section” insert “or section 117A”.

105 After section 122(1) (code of practice) insert—

“(1A) The reference in subsection (1) to the use of information provided to
registered persons under this Part includes a reference to the use of
information provided in accordance with section 116A(1) to relevant
20persons (within the meaning of that section) who are not registered
persons under this Part.”

106 Omit section 122(3A)(a) (power of Secretary of State to refuse to issue
certificate where failure to comply with code of practice by, or in connection
with, registered person).

107 25Omit section 124(5) (non-application of disclosure offences to certain
disclosures of information provided in accordance with section 113B(5).

108 (1) Section 124A (offences relating to disclosure of information obtained in
connection with delegated function) is amended as follows.

(2) In subsection (1)(c) omit “or registered person”.

(3) 30After subsection (6) insert—

“(6A) For the purposes of this section the reference to an applicant includes
a person who makes a request under section 116A(1).”

109 After section 125B(2) (form of applications) insert—

“(3) In this section “application” includes a request under section
35116A(1).”

110 In section 126(1) (interpretation of Part 5), in the definition of “certificate”,
after “application” insert “but does not include any documents issued in
response to a request under section 116A(1) or an application as mentioned
in section 116A(4)(a) or (5)(a)”.

Gambling Act 2005

111 In section 73(3) of the Gambling Act 2005 (procedure on consideration of
application for licence)—

(a) for “section 115” substitute “section 113B”, and

(b) 5at the end (and on a new line below paragraph (b)) insert “or the
production of up-date information (within the meaning given by
section 116A(7) of that Act) in relation to such a certificate,”.

National Health Service Act 2006

112 The National Health Service Act 2006 is amended as follows.

113 10In section 129(6) (regulations as to pharmaceutical services), in paragraph (i),
for the words from “section 113” to the end of the paragraph substitute
“section 113A of that Act, an enhanced criminal record certificate under
section 113B of that Act or up-date information within the meaning given by
section 116A(7) of that Act,”.

114 15In section 132(4) (persons authorised to provide pharmaceutical services), in
paragraph (c), for the words from “section 113” to the end of the paragraph
substitute “section 113A of that Act, an enhanced criminal record certificate
under section 113B of that Act or up-date information within the meaning
given by section 116A(7) of that Act,”.

115 20In section 147A(3) (performers of pharmaceutical services and assistants), in
paragraph (i), for the words from “section 113” to the end of the paragraph
substitute “section 113A of that Act, an enhanced criminal record certificate
under section 113B of that Act or up-date information within the meaning
given by section 116A(7) of that Act,”.

25National Health Service (Wales) Act 2006

116 The National Health Service (Wales) Act 2006 is amended as follows.

117 In section 72(3) (regulations as to general ophthalmic services), in paragraph
(c), for the words from “section 113” to the end of the paragraph substitute
“section 113A of that Act, an enhanced criminal record certificate under
30section 113B of that Act or up-date information within the meaning given by
section 116A(7) of that Act,”.

118 In section 83(6) (regulations as to pharmaceutical services), in paragraph (i),
for the words from “section 113” to the end of the paragraph substitute
“section 113A of that Act, an enhanced criminal record certificate under
35section 113B of that Act or up-date information within the meaning given by
section 116A(7) of that Act,”.

119 In section 86(4) (persons authorised to provide pharmaceutical services), in
paragraph (c), for the words from “section 113” to the end of the paragraph
substitute “section 113A of that Act, an enhanced criminal record certificate
40under section 113B of that Act or up-date information within the meaning
given by section 116A(7) of that Act,”.

120 In section 105(3) (supplementary lists), in paragraph (g), for the words from
“section 113” to the end of the paragraph substitute “section 113A of that
Act, an enhanced criminal record certificate under section 113B of that Act

or up-date information within the meaning given by section 116A(7) of that
Act,”.

Safeguarding Vulnerable Groups Act 2006

121 (1) Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006
5(barred lists: information) is amended as follows.

(2) In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute
“relevant chief officer”.

(3) In sub-paragraph (3) after “which the” insert “relevant”.

(4) In sub-paragraph (5) for “chief officer of the relevant police force” substitute
10“relevant chief officer”.

(5) In sub-paragraph (7) for the definition of “relevant police force” substitute—

• ““the relevant chief officer” means any chief officer of a police
  force who is identified by the Secretary of State for the
  purposes of this paragraph;”.

(6) 15After sub-paragraph (7) insert—

“(7A) Subsections (10) and (11) of section 113B of the Police Act 1997
apply for the purposes of the definition of “the relevant chief
officer” as they apply for the purposes of that section.”

(7) In sub-paragraph (8) for “which forces are relevant police forces” substitute
20“who is the relevant chief officer”.

Part 8 The Disclosure and Barring Service

Parliamentary Commissioner Act 1967

122 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
25subject to investigation) insert at the appropriate place—

• “Disclosure and Barring Service.”

House of Commons Disqualification Act 1975

123 (1) Schedule 1 to the House of Commons Disqualification Act 1975
(disqualifying offices) is amended as follows.

(2) 30In Part 2 (bodies of which all members are disqualified) insert at the
appropriate place—

• “The Disclosure and Barring Service.”

(3) In Part 3 (other disqualifying offices) insert at the appropriate place—

• “Member of the staff of the Disclosure and Barring Service.”

35Northern Ireland Assembly Disqualification Act 1975

124 (1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
(disqualifying offices) is amended as follows.

(2) In Part 2 (bodies of which all members are disqualified) insert at the

appropriate place—

• “The Disclosure and Barring Service.”

(3) In Part 3 (other disqualifying offices) insert at the appropriate place—

• “Member of the staff of the Disclosure and Barring Service.”

5Freedom of Information Act 2000

125 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) insert at the appropriate place—

• “The Disclosure and Barring Service.”

Part 9 10Disregarding certain convictions for buggery etc.

Rehabilitation of Offenders Act 1974

126 (1) Section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons
and spent convictions) is amended as follows.

(2) In subsection (1) for “subsection (2)” substitute “subsections (2), (5) and (6)”.

(3) 15After subsection (4) insert—

“(5) This Act does not apply to any disregarded conviction or caution
within the meaning of Chapter 4 of Part 5 of the Protection of
Freedoms Act 2011.

(6) Accordingly, references in this Act to a conviction or caution do not
20include references to any such disregarded conviction or caution.”

Police Act 1997

127 In section 113A(6) of the Police Act 1997 (criminal record certificates), in
paragraph (b) of the definition of “relevant matter”, after “that Act” insert
“but excluding a disregarded caution within the meaning of Chapter 4 of
25Part 5 of the Protection of Freedoms Act 2011”.

Part 10 Repeal of provisions for conducting certain fraud cases without jury

Criminal Justice Act 2003

128 (1) The Criminal Justice Act 2003 is amended as follows.

(2) 30In section 45 (procedure for applications for cases to be conducted without a
jury)—

(a) in the heading, for “sections 43 and” substitute “section”,

(b) in subsection (1), omit paragraph (a) and the word “and” at the end
of the paragraph, and

(c) 35in subsections (5) and (9), omit the words “43 or”.

(3) In section 46(7) (discharge of jury because of jury tampering) omit “43 or”.

(4) In section 48(1) (further provision about trials without a jury) omit “43,”.

(5) Omit section 330(5)(b) (procedure for order bringing section 43 into force).

Section 109(2)

SCHEDULE 10 Repeals and revocations

Part 1 5Destruction, retention and use of fingerprints etc.

Part 2 Powers of entry

2 The revocations in the Cross-border Railway Services (Working Time)
Regulations 2008 extend to England and Wales and Scotland only.

3 The repeals and revocations in the following provisions extend to England
and Wales, Scotland and Northern Ireland—

(a) 50the Distribution of German Enemy Property (No 1) Order 1950,

(b) the Merchant Shipping Act 1995,

(c) the Gas Appliances (Safety) Regulations 1995,

(d) the Older Cattle (Disposal) (England) Regulations 2005,

(e) the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers)
55(England) Regulations 2006, and

(f) the Payment Services Regulations 2009.

4 The repeal of section 258(4) of the Merchant Shipping Act 1995 is subject to
paragraph 2(2) of Schedule 2 to this Act.

Part 3 60Vehicles left on land

Part 4 Counter-terrorism powers