(2) In section 16(4) of the Marriage (Registrar General’s Licence) Act 1970
(disapplication of certain provisions of the Act of 1949) for “sections 75(1)(a)
and” substitute “section”.

(3) In section 17(2) of the Civil Partnership Act 2004 (registration as civil partners
5under the standard procedure to take place on any day in the applicable period
between 8 a.m. and 6 p.m.)—

(a) for “on any day in” substitute “at any time during”, and

(b) omit “between 8 o’clock in the morning and 6 o’clock in the evening”.

(4) Omit section 31(2)(ab) of that Act (offence of officiating at the signing of a civil
10partnership schedule outside the permitted hours).

General

113 Consequential amendments, repeals and revocations

(1) Schedule 9 (consequential amendments) has effect.

(2) The provisions listed in Schedule 10 are repealed or (as the case may be)
15revoked to the extent specified.

(3) The Secretary of State may by order make such provision as the Secretary of
State considers appropriate in consequence of this Act.

(4) The power to make an order under subsection (3)—

(a) is exercisable by statutory instrument,

(b) 20includes power to make transitional, transitory or saving provision,

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under an enactment
(including any Act passed in the same Session as this Act).

(5) Subject to subsection (6), a statutory instrument containing an order under this
25section is not to be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing an order under this section which neither
amends nor repeals any provision of primary legislation is subject to
annulment in pursuance of a resolution of either House of Parliament.

(7) 30In this section—

• “enactment” includes an Act of the Scottish Parliament, a Measure or Act
  of the National Assembly for Wales and Northern Ireland legislation,

• “primary legislation” means—

  (a)

  a public general Act,

  (b)

  35an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  Northern Ireland legislation.

114 Transitional, transitory or saving provision

The Secretary of State may by order made by statutory instrument make such
40transitional, transitory or saving provision as the Secretary of State considers
appropriate in connection with the coming into force of any provision of this
Act (other than Chapter 1 of Part 1).

115 Financial provisions

(1) There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this
Act, and

(b) 5any increase attributable to this Act in the sums payable by virtue of
any other Act out of money so provided.

(2) There is to be paid into the Consolidated Fund any sums received by a Minister
of the Crown by virtue of this Act.

116 Channel Islands and Isle of Man

10Her Majesty may by Order in Council provide for any of the provisions of—

(a) Chapters 1 to 3 of Part 5 (and Parts 6 to 8 of Schedule 9 and Parts 5 and
6 of Schedule 10), or

(b) section 110 (and Part 10 of Schedule 9, and Part 9 of Schedule 10, so far
as relating to the Asylum and Immigration (Treatment of Claimants,
15etc) Act 2004),

to extend, with or without modifications, to any of the Channel Islands or to
the Isle of Man.

117 Extent

(1) The following provisions extend to England and Wales only—

(a) 20sections 1 to 18, 23 and 24,

(b) Chapter 2 of Part 1,

(c) Chapter 1 of Part 2,

(d) Chapter 2 of Part 3,

(e) Chapter 1 of Part 5 (excluding section 78 and Schedule 7),

(f) 25Chapter 2 of Part 5 (excluding section 86),

(g) Chapter 4 of Part 5,

(h) sections 109 to 112,

(i) Parts 4, 6, 7 and 9 to 11 of Schedule 9 (subject to subsections (2), (3), (5)
and (8)(l)),

(j) 30Parts 3, 5, 6 and 9 to 11 of Schedule 10 (subject to subsections (3), (5) and
(8)(l)), and

(k) any provision which extends to England and Wales only by virtue of
subsection (6) or (7).

(2) The following provisions extend to England and Wales and Scotland only—

(a) 35paragraph 116(a) of Schedule 9,

(b) 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, and

(c) any provision which extends to England and Wales and Scotland only
by virtue of subsection (6) or (7).

(3) 40The following provisions extend to England and Wales and Northern Ireland
only—

(a) Part 2 of Schedule 1,

(b) Chapter 3 of Part 5 (excluding paragraph 5(3) of Schedule 8 and section
91),

(c) in Part 6 of Schedule 9 and Part 5 of Schedule 10, the amendments and
repeals in respect of the Police Act 1997 and paragraph 14(7)(c) of
Schedule 9 to the Safeguarding Vulnerable Groups Act 2006, and

(d) any provision which extends to England and Wales and Northern
5Ireland only by virtue of subsection (7).

(4) The following provisions extend to Scotland only—

(a) Part 5 of Schedule 1, and

(b) any provision which extends to Scotland only by virtue of subsection
(7).

(5) 10The following provisions extend to Northern Ireland only—

(a) Part 6 of Schedule 1,

(b) section 63 and Schedule 6,

(c) section 78 and Schedule 7,

(d) in Part 6 of Schedule 9 and Part 5 of Schedule 10, the amendments,
15repeals and revocations in respect of—

(i) the Safeguarding Vulnerable Groups (Northern Ireland) Order
2007 (S.I. 2007/1351 (N.I.11)S.I. 2007/1351 (N.I.11)) and any order made under that
Order,

(ii) Part 3 of Schedule 5 to the Health Care and Associated
20Professions (Miscellaneous Amendments and Practitioner
Psychologists) Order 2009 (S.I. 2009/1182S.I. 2009/1182), and

(iii) sections 90 and 92 of the Policing and Crime Act 2009, and

(e) any provision which extends to Northern Ireland only by virtue of
subsection (7).

(6) 25The following provisions have the extent provided for in those provisions—

(a) Schedule 2 (see each paragraph), and

(b) Part 2 of Schedule 10 (see the notes to that Part).

(7) The amendments, repeals and revocations made by Parts 1 and 5 of Schedule
9 and Parts 1 and 4 of Schedule 10 have (subject to subsection (2)(b)) the same
30extent as the enactment amended, repealed or revoked.

(8) The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a) sections 19 to 22 (excluding Parts 2, 5 and 6 of Schedule 1) and 25,

(b) Chapter 2 of Part 2,

(c) 35Chapter 1 of Part 3 (excluding Schedule 2),

(d) Part 4 (excluding section 63 and Schedule 6),

(e) section 86,

(f) paragraph 5(3) of Schedule 8,

(g) section 91,

(h) 40Part 6,

(i) sections 113 to 116 (excluding Schedules 9 and 10), this section and
sections 118 and 119,

(j) Parts 2, 3 and 8 of Schedule 9,

(k) Parts 7 and 8 of Schedule 10,

(l) 45the repeal of section 330(5)(b) of the Criminal Justice Act 2003 in Part 11
of Schedule 9 and Part 10 of Schedule 10, and

(m) any provision which extends to England and Wales, Scotland and
Northern Ireland by virtue of subsection (6) or (7).

(9) Sections 116 and 119 (and this section and section 118 so far as relating to those
sections) also extend to the Channel Islands and the Isle of Man.

118 5Commencement

(1) Subject as follows, this Act comes into force on such day as the Secretary of
State may by order made by statutory instrument appoint; and different days
may be appointed for different purposes.

(2) The provisions mentioned in subsection (3) come into force on such day as the
10Welsh Ministers may by order made by statutory instrument appoint; and
different days may be appointed for different purposes.

(3) The provisions are—

(a) Chapter 2 of Part 1 so far as relating to schools in Wales and further
education institutions in Wales,

(b) 15sections 39(1), 40, 41 and 43 to 46 so far as they confer functions on the
Welsh Ministers,

(c) section 53 and Schedule 3, and

(d) section 56 and Schedule 4 so far as relating to land in Wales.

(4) The following provisions come into force at the end of the period of two
20months beginning with the day on which this Act is passed—

(a) section 39(2) and Schedule 2, and

(b) Part 2 of Schedule 10 (and section 113(2) so far as relating to that Part of
that Schedule).

(5) The following provisions come into force on the day on which this Act is
25passed—

(a) sections 88 to 91,

(b) section 111, Part 11 of Schedule 9 and Part 10 of Schedule 10 (and
section 113(1) and (2) so far as relating to those Parts of those
Schedules), and

(c) 30sections 113(3) to (7) and 114 to 117, this section and section 119.

119 Short title

This Act may be cited as the Protection of Freedoms Act 2012.

SCHEDULES

Section 19

SCHEDULE 1 Amendments of regimes other than PACE

Part 1 5Material subject to the Terrorism Act 2000

1 (1) Schedule 8 to the Terrorism Act 2000 (treatment of persons detained under
section 41 or Schedule 7 of that Act) is amended as follows.

(2) Omit paragraph 14 (retention of material: England and Wales and Northern
Ireland).

(3) 10In paragraph 20 (retention of material: Scotland)—

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

(b) omit sub-paragraph (4).

(4) After paragraph 20 insert—

15“Destruction and retention of fingerprints and samples etc: United Kingdom

20A (1) This paragraph applies to—

(a) fingerprints taken under paragraph 10,

(b) a DNA profile derived from a DNA sample taken under
paragraph 10 or 12,

(c) 20relevant physical data taken or provided by virtue of
paragraph 20, and

(d) a DNA profile derived from a DNA sample taken by virtue
of paragraph 20.

(2) Fingerprints, relevant physical data and DNA profiles to which
25this paragraph applies (“paragraph 20A material”) must be
destroyed if it appears to the responsible chief officer of police
that—

(a) the taking or providing of the material or, in the case of a
DNA profile, the taking of the sample from which the
30DNA profile was derived, was unlawful, or

(b) the material was taken or provided, or (in the case of a
DNA profile) was derived from a sample taken, from a
person in connection with that person’s arrest under
section 41 and the arrest was unlawful or based on
35mistaken identity.

(3) In any other case, paragraph 20A material must be destroyed
unless it is retained under any power conferred by paragraphs 20B
to 20E.

(4) Paragraph 20A material which ceases to be retained under a
5power mentioned in sub-paragraph (3) may continue to be
retained under any other such power which applies to it.

(5) Nothing in this paragraph prevents a relevant search, in relation
to paragraph 20A material, from being carried out within such
time as may reasonably be required for the search if the
10responsible chief officer of police considers the search to be
desirable.

(6) For the purposes of sub-paragraph (5), “a relevant search” is a
search carried out for the purpose of checking the material
against—

(a) 15other fingerprints or samples taken under paragraph 10 or
12 or a DNA profile derived from such a sample,

(b) any of the relevant physical data, samples or information
mentioned in section 19C(1) of the Criminal Procedure
(Scotland) Act 1995,

(c) 20any of the relevant physical data, samples or information
held by virtue of section 56 of the Criminal Justice
(Scotland) Act 2003,

(d) material to which section 18 of the Counter-Terrorism Act
2008 applies,

(e) 25any of the fingerprints, data or samples obtained under
paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention
and Investigation Measures Act 2011, or information
derived from such samples,

(f) any of the fingerprints, samples and information
30mentioned in section 63A(1)(a) and (b) of the Police and
Criminal Evidence Act 1984 (checking of fingerprints and
samples), and

(g) any of the fingerprints, samples and information
mentioned in Article 63A(1)(a) and (b) of the Police and
35Criminal Evidence (Northern Ireland) Order 1989
(checking of fingerprints and samples).

20B (1) This paragraph applies to paragraph 20A material relating to a
person who is detained under section 41.

(2) In the case of a person who has previously been convicted of a
40recordable offence (other than a single exempt conviction), or an
offence in Scotland which is punishable by imprisonment, or is so
convicted before the end of the period within which the material
may be retained by virtue of this paragraph, the material may be
retained indefinitely.

(3) 45In the case of a person who has no previous convictions, or only
one exempt conviction, the material may be retained until the end
of the retention period specified in sub-paragraph (4).

(4) The retention period is—

(a) in the case of fingerprints or relevant physical data, the
period of 3 years beginning with the date on which the
fingerprints or relevant physical data were taken or
provided, and

(b) 5in the case of a DNA profile, the period of 3 years
beginning with the date on which the DNA sample from
which the profile was derived was taken (or, if the profile
was derived from more than one DNA sample, the date on
which the first of those samples was taken).

(5) 10The responsible chief officer of police or a specified chief officer of
police may apply to a relevant court for an order extending the
retention period.

(6) An application for an order under sub-paragraph (5) must be
made within the period of 3 months ending on the last day of the
15retention period.

(7) An order under sub-paragraph (5) may extend the retention
period by a period which—

(a) begins with the date on which the material would
otherwise be required to be destroyed under this
20paragraph, and

(b) ends with the end of the period of 2 years beginning with
that date.

(8) The following persons may appeal to the relevant appeal court
against an order under sub-paragraph (5), or a refusal to make
25such an order—

(a) the responsible chief officer of police;

(b) a specified chief officer of police;

(c) the person from whom the material was taken.

(9) In Scotland—

(a) 30an application for an order under sub-paragraph (5) is to
be made by summary application;

(b) an appeal against an order under sub-paragraph (5), or a
refusal to make such an order, must be made within 21
days of the relevant court’s decision, and the relevant
35appeal court’s decision on any such appeal is final.

(10) In this paragraph—

• “relevant court” means—

  (a)

  in England and Wales, a District Judge (Magistrates’
  Courts),

  (b)

  40in Scotland, the sheriff—

  (i)

  in whose sheriffdom the person to whom the
  material relates resides,

  (ii)

  in whose sheriffdom that person is believed
  by the applicant to be, or

  (iii)

  45to whose sheriffdom that person is believed
  by the applicant to be intending to come; and

  (c)

  in Northern Ireland, a district judge (magistrates’
  court) in Northern Ireland;

Protection of Freedoms BillPage 107

• “the relevant appeal court” means—

  (a)

  in England and Wales, the Crown Court,

  (b)

  in Scotland, the sheriff principal, and

  (c)

  in Northern Ireland, the County Court in Northern
  5Ireland;

• “a specified chief officer of police” means—

  (a)

  in England and Wales and Northern Ireland—

  (i)

  the chief officer of the police force of the area
  in which the person from whom the material
  10was taken resides, or

  (ii)

  a chief officer of police who believes that the
  person is in, or is intending to come to, the
  chief officer’s police area, and

  (b)

  in Scotland—

  (i)

  15the chief constable of the police force in the
  area in which the person who provided the
  material, or from whom it was taken, resides,
  or

  (ii)

  a chief constable who believes that the person
  20is in, or is intending to come to, the area of the
  chief constable’s police force.

20C (1) This paragraph applies to paragraph 20A material relating to a
person who is detained under Schedule 7.

(2) In the case of a person who has previously been convicted of a
25recordable offence (other than a single exempt conviction), or an
offence in Scotland which is punishable by imprisonment, or is so
convicted before the end of the period within which the material
may be retained by virtue of this paragraph, the material may be
retained indefinitely.

(3) 30In the case of a person who has no previous convictions, or only
one exempt conviction, the material may be retained until the end
of the retention period specified in sub-paragraph (4).

(4) The retention period is—

(a) in the case of fingerprints or relevant physical data, the
35period of 6 months beginning with the date on which the
fingerprints or relevant physical data were taken or
provided, and

(b) in the case of a DNA profile, the period of 6 months
beginning with the date on which the DNA sample from
40which the profile was derived was taken (or, if the profile
was derived from more than one DNA sample, the date on
which the first of those samples was taken).

20D (1) For the purposes of paragraphs 20B and 20C, a person is to be
treated as having been convicted of an offence if—

(a) 45 in relation to a recordable offence in England and Wales or
Northern Ireland—

(i) the person has been given a caution in respect of
the offence which, at the time of the caution, the
person has admitted,

(ii) the person has been found not guilty of the offence
by reason of insanity,

(iii) the person has been found to be under a disability
and to have done the act charged in respect of the
5offence, or

(iv) the person has been warned or reprimanded under
section 65 of the Crime and Disorder Act 1998 for
the offence,

(b) the person, in relation to an offence in Scotland punishable
10by imprisonment, has accepted or has been deemed to
accept—

(i) a conditional offer under section 302 of the
Criminal Procedure (Scotland) Act 1995,

(ii) a compensation offer under section 302A of that
15Act,

(iii) a combined offer under section 302B of that Act, or

(iv) a work offer under section 303ZA of that Act,

(c) the person, in relation to an offence in Scotland punishable
by imprisonment, has been acquitted on account of the
20person’s insanity at the time of the offence or (as the case
may be) by virtue of section 51A of the Criminal Procedure
(Scotland) Act 1995,

(d) a finding in respect of the person has been made under
section 55(2) of the Criminal Procedure (Scotland) Act 1995
25in relation to an offence in Scotland punishable by
imprisonment,

(e) the person, having been given a fixed penalty notice under
section 129(1) of the Antisocial Behaviour etc. (Scotland)
Act 2004 in connection with an offence in Scotland
30punishable by imprisonment, has paid—

(i) the fixed penalty, or

(ii) (as the case may be) the sum which the person is
liable to pay by virtue of section 131(5) of that Act,
or

(f) 35the person, in relation to an offence in Scotland punishable
by imprisonment, has been discharged absolutely by order
under section 246(3) of the Criminal Procedure (Scotland)
Act 1995.

(2) Paragraphs 20B and 20C and this paragraph, so far as they relate
40to persons convicted of an offence, have effect despite anything in
the Rehabilitation of Offenders Act 1974.

(3) But a person is not to be treated as having been convicted of an
offence if that conviction is a disregarded conviction or caution by
virtue of section 92 of the Protection of Freedoms Act 2012.

(4) 45For the purposes of paragraphs 20B and 20C—

(a) a person has no previous convictions if the person has not
previously been convicted—

(i) in England and Wales or Northern Ireland of a
recordable offence, or

(ii) in Scotland of an offence which is punishable by
imprisonment, and

(b) if the person has previously been convicted of a recordable
offence in England and Wales or Northern Ireland, the
5conviction is exempt if it is in respect of a recordable
offence, other than a qualifying offence, committed when
the person was aged under 18.

(5) In sub-paragraph (4), “qualifying offence” has—

(a) in relation to a conviction in respect of a recordable offence
10committed in England and Wales, the meaning given by
section 65A of the Police and Criminal Evidence Act 1984,
and

(b) in relation to a conviction in respect of a recordable offence
committed in Northern Ireland, the meaning given by
15Article 53A of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12)).

(6) If a person is convicted of more than one offence arising out of a
single course of action, those convictions are to be treated as a
single conviction for the purposes of calculating under paragraph
2020B or 20C whether the person has been convicted of only one
offence.

(7) Nothing in paragraph 20B or 20C prevents the start of a new
retention period in relation to paragraph 20A material if a person
is detained again under section 41 or (as the case may be) Schedule
257 when an existing retention period (whether or not extended) is
still in force in relation to that material.

20E (1) Paragraph 20A material may be retained for as long as a national
security determination made by the responsible chief officer of
police has effect in relation to it.

(2) 30A national security determination is made if the responsible chief
officer of police determines that it is necessary for any paragraph
20A material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be made in writing,

(b) 35has effect for a maximum of 2 years beginning with the
date on which the determination is made, and

(c) may be renewed.

20F (1) If fingerprints or relevant physical data are required by paragraph
20A to be destroyed, any copies of the fingerprints or relevant
40physical data held by a police force must also be destroyed.

(2) If a DNA profile is required by that paragraph to be destroyed, no
copy may be retained by a police force except in a form which does
not include information which identifies the person to whom the
DNA profile relates.

20G (1) 45This paragraph applies to—

(a) samples taken under paragraph 10 or 12, or

(b) samples taken by virtue of paragraph 20.