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Contents page 80-88 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-188 190-199 200-200 Last page

Protection of Freedoms BillPage 180

(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—

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.

Protection of Freedoms BillPage 181

(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)”.

Protection of Freedoms BillPage 182

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

Protection of Freedoms BillPage 183

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—

(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—

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—

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

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

Protection of Freedoms BillPage 184

appropriate place—

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

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—

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,”.

Protection of Freedoms BillPage 185

(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.

Short title Extent of repeal
Police and Criminal Evidence
Act 1984
Section 64.
Criminal Justice Act 1988 Section 148.
Criminal Justice and Public
Order Act 1994
10Section 57.
Criminal Procedure (Scotland)
Act 1995

In section 19C—

(a)

in subsection (2), the word “or” at the
15end of paragraph (a), and

(b)

in subsection (6), the word “and” at the
end of paragraph (b).



Terrorism Act 2000 20

In Schedule 8—

(a)

paragraph 14,

(b)

in paragraph 20, in sub-paragraph (3),
the words from “but” to the end of the
25sub-paragraph, and

(c)

paragraph 20(4)


Police Act 1996 In Part 2 of Schedule 7, paragraph 37.
Criminal Justice and Police Act
2001
Section 82.
30
Section 84.
Criminal Justice (Scotland) Act
2003 (asp 7)

In section 56—

(a)

in subsection (2), the word “or” at the
35end of paragraph (a), and

(b)

in subsection (8), the word “and” at the
end of the definition of “sample”.



Serious Organised Crime and
Police Act 2005
40Section 117(6) to (10).
Section 118(4).
Counter-Terrorism Act 2008 Section 14(4) to (6).
Section 16.
45Section 17.
Crime and Security Act 2010 Section 14.
Sections 16 to 19.
Section 21.
Section 22(2).
50Section 23.
Section 58(4) and (6) to (8).

Protection of Freedoms BillPage 186

Part 2 Powers of entry

Short title Extent of repeal or revocation
The repeals and revocations in the following provisions extend to England
and Wales only—\t(a)\t the Hypnotism Act 1952,\t(b)\t the Dairy Herd Conversion Premium Regulations 1973,\t(c)\t the Public Health (Control of Disease) Act 1984,\t(d)\t the Landlord and Tenant Act 1985,\t(e)\t the Cereals Co-responsibility Levy Regulations 1988,\t(f)\t the Oilseeds Producers (Support System) Regulations 1992, and\t(g)\t the Health and Social Care Act 2008.
Distribution of German Enemy
Property (No 1) Order 1950
(S.I. 1950/1642)
5Article 22.

Hypnotism Act 1952 Section 4.
Dairy Herd Conversion
Premium Regulations 1973
(S.I. 1973/1642)
In regulation 2(1), the definition of “authorised
10officer”.
Regulation 5.
Regulation 7(b) and the word “or” before it.
Public Health (Control of
Disease) Act 1984
Section 50.
15
Milk (Cessation of Production)
Act 1985
Section 2(1).
Section 3(1)(b) and the word “or” before it.
Landlord and Tenant Act 1985 Section 8(2).
Cereals Co-responsibility Levy
Regulations 1988 (S.I. 1988/
1001)
20Regulation 8.

In regulation 9, the words “or 8”.
Oilseeds Producers (Support
System) Regulations 1992
(S.I. 1992/695)
In regulation 2(1), the definitions of “authorised
25officer”, “oilseeds” and “specified control
measure”.
Regulations 5, 6, 9 and 10.
Merchant Shipping Act 1995 Section 258(4).
Gas Appliances (Safety)
Regulations 1995 (S.I. 1995/
1629)
Regulation 24(6).
30
Older Cattle (Disposal)
(England) Regulations 2005
(S.I. 2005/3522)
Regulation 5.

Salmonella in Turkey Flocks
and Slaughter Pigs (Survey
Powers) (England)
Regulations 2006 (S.I. 2006/
2821)
35Regulation 6.



Health and Social Care Act 2008 40In Schedule 11, paragraph 9.
Cross-border Railway Services
(Working Time) Regulations
2008 (S.I. 2008/1660)
In Schedule 2, paragraph 2(2)(a), (b) and (c).

Payment Services Regulations
2009 (S.I. 2009/209)
Regulation 83.
45

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

Short title Extent of repeal or revocation
Airports Act 1986 In section 66(3), paragraph (b) (but not the word
“or” at the end of the paragraph).
Private Security Industry Act
2001
In section 3(2), paragraph (j) and the word “or”
65before the paragraph.

In section 4A(2)—

(a)

paragraph (a),

(b)

paragraph (b) and the word “or” at the
70end of the paragraph, and

(c)

in paragraph (c), the word “other”.

Section 6.
Section 22A.
In section 24(4), the words from “(except” to “or
7522A)”.
In section 25(1), the definition of “motor
vehicle”.
In Schedule 2, paragraphs 3, 3A, 9 and 9A (and
the italic cross-headings before them).
Serious Organised Crime and
Police Act 2005
80In Schedule 15, paragraph 14(a).
Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2005 (S.I.
2005/224)
The whole instrument.


85

Protection of Freedoms BillPage 187

Short title Extent of repeal or revocation
Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2006 (S.I.
2006/1831)
Articles 3 and 4.


5
Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2007 (S.I.
2007/2201)
Articles 3 and 4.


Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2009 (S.I.
2009/3043)
10Articles 3 and 4.


Crime and Security Act 2010 Section 42(3).
15Section 44.
In Schedule 1, paragraphs 3(5) and 7.

Protection of Freedoms BillPage 188

Part 4 Counter-terrorism powers

Short title Extent of repeal or revocation
Terrorism Act 2000 Section 43(3).
5Sections 44 to 47 (including the italic cross-
heading before section 44).

In Schedule 8—

(a)

paragraph 36(1B),

(b)

10in paragraph 36(3AA), the words “or
senior judge” in both places where they
appear,

(c)

in paragraph 36(4), the words from “but”
onwards,

(d)

15in paragraph 36(5), the words “or senior
judge”,

(e)

paragraph 36(7), and

(f)

in paragraph 37(2), the words “or senior
judge”.


20
Anti-terrorism, Crime and
Security Act 2001
In Schedule 7, paragraph 31.
Railways and Transport Safety
Act 2003
In Schedule 5, in paragraph 4(2)(k), the word
“44,”.
Energy Act 2004 25Section 57.
The British Transport Police
(Transitional and
Consequential Provisions)
Order 2004 (S.I.2004/1573)
In article 12(6), sub-paragraph (c) (but not the
word “and” at the end of the sub-paragraph).

Terrorism Act 2006 30Section 23(8) to (10).
Section 25.
Section 30.

Protection of Freedoms BillPage 189

Short title Extent of repeal or revocation
Terrorism Act 2000 (Remedial)
Order 2011 (S.I. 2011/631)
The whole instrument.

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Contents page 80-88 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-188 190-199 200-200 Last page