Protection of Freedoms Bill (HL Bill 121)

Section 61(2)

SCHEDULE 5 Replacement powers to stop and search: supplementary provisions

After Schedule 6A to the Terrorism Act 2000 insert—

“Schedule 6B Searches in specified areas or places: supplementary

5Extent of search powers: supplementary

1 A constable exercising the power conferred by an authorisation
under section 47A may not require a person to remove any
clothing in public except for headgear, footwear, an outer coat, a
jacket or gloves.

2 (1) 10Sub-paragraph (2) applies if a constable proposes to search a
person or vehicle by virtue of section 47A(2) or (3).

(2) The constable may detain the person or vehicle for such time as is
reasonably required to permit the search to be carried out at or
near the place where the person or vehicle is stopped.

15Requirements as to writing

3 A senior police officer who gives an authorisation under section
47A orally must confirm it in writing as soon as reasonably
practicable.

4 (1) Where—

(a) 20a vehicle or pedestrian is stopped by virtue of section
47A(2) or (3), and

(b) the driver of the vehicle or the pedestrian applies for a
written statement that the vehicle was stopped, or that the
pedestrian was stopped, by virtue of section 47A(2) or (as
25the case may be) (3),

the written statement must be provided.

(2) An application under sub-paragraph (1) must be made within the
period of 12 months beginning with the date on which the vehicle
or pedestrian was stopped.

30Duration of authorisations

5 (1) An authorisation under section 47A has effect during the period—

(a) beginning at the time when the authorisation is given, and

(b) ending with the specified date or at the specified time.

(2) This paragraph is subject as follows.

6 35The specified date or time must not occur after the end of the
period of 14 days beginning with the day on which the
authorisation is given.

7 (1) The senior police officer who gives an authorisation must inform
the Secretary of State of it as soon as reasonably practicable.

(2) An authorisation ceases to have effect at the end of the period of
48 hours beginning with the time when it is given unless it is
confirmed by the Secretary of State before the end of that period.

(3) An authorisation ceasing to have effect by virtue of sub-paragraph
5(2) does not affect the lawfulness of anything done in reliance on
it before the end of the period concerned.

(4) When confirming an authorisation, the Secretary of State may—

(a) substitute an earlier date or time for the specified date or
time;

(b) 10substitute a more restricted area or place for the specified
area or place.

8 The Secretary of State may cancel an authorisation with effect from
a time identified by the Secretary of State.

9 (1) A senior police officer may—

(a) 15cancel an authorisation with effect from a time identified
by the officer concerned;

(b) substitute an earlier date or time for the specified date or
time;

(c) substitute a more restricted area or place for the specified
20area or place.

(2) Any such cancellation or substitution in relation to an
authorisation confirmed by the Secretary of State under paragraph
7 does not require confirmation by the Secretary of State.

10 An authorisation given by a member of the Civil Nuclear
25Constabulary does not have effect except in relation to times when
the specified area or place is a place where members of that
Constabulary have the powers and privileges of a constable.

11 The existence, expiry or cancellation of an authorisation does not
prevent the giving of a new authorisation.

30Specified areas or places

12 (1) An authorisation given by a senior police officer who is not a
member of the British Transport Police Force, the Ministry of
Defence Police or the Civil Nuclear Constabulary may specify an
area or place together with—

(a) 35the internal waters adjacent to that area or place; or

(b) a specified area of those internal waters.

(2) In sub-paragraph (1) “internal waters” means waters in the United
Kingdom that are not comprised in any police area.

13 Where an authorisation specifies more than one area or place—

(a) 40the power of a senior police officer under paragraph
5(1)(b) to specify a date or time includes a power to specify
different dates or times for different areas or places (and
the other references in this Schedule to the specified date or
time are to be read accordingly), and

(b) 45the power of the Secretary of State under paragraph
7(4)(b), and of a senior police officer under paragraph

9(1)(c), includes a power to remove areas or places from
the authorisation.

Interpretation

14 (1) In this Schedule—

• 5“driver” has the meaning given by section 43A(5);

• “senior police officer” means—

  (a)

  in relation to an authorisation where the specified
  area or place is the whole or part of a police area
  outside Northern Ireland, other than of a police area
  10mentioned in paragraph (b) or (c), a police officer for
  the area who is of at least the rank of assistant chief
  constable;

  (b)

  in relation to an authorisation where the specified
  area or place is the whole or part of the metropolitan
  15police district, a police officer for the district who is of
  at least the rank of commander of the metropolitan
  police;

  (c)

  in relation to an authorisation where the specified
  area or place is the whole or part of the City of
  20London, a police officer for the City who is of at least
  the rank of commander in the City of London police
  force;

  (d)

  in relation to an authorisation where the specified
  area or place is the whole or part of Northern Ireland,
  25a member of the Police Service of Northern Ireland
  who is of at least the rank of assistant chief constable;

• “specified” means specified in an authorisation.

(2) References in this Schedule to a senior police officer are to be read
as including—

(a) 30in relation to an authorisation where the specified area or
place is the whole or part of a police area outside Northern
Ireland and is in a place described in section 34(1A), a
member of the British Transport Police Force who is of at
least the rank of assistant chief constable;

(b) 35in relation to an authorisation where the specified area or
place is a place to which section 2(2) of the Ministry of
Defence Police Act 1987 applies, a member of the Ministry
of Defence Police who is of at least the rank of assistant
chief constable;

(c) 40in relation to an authorisation where the specified area or
place is a place in which members of the Civil Nuclear
Constabulary have the powers and privileges of a
constable, a member of that Constabulary who is of at least
the rank of assistant chief constable;

45but such references are not to be read as including a member of the
British Transport Police Force, the Ministry of Defence Police or
the Civil Nuclear Constabulary in any other case.”

Section 63

SCHEDULE 6 Stop and search powers: Northern Ireland

1 (1) Paragraph 4 of Schedule 3 to the Justice and Security (Northern Ireland) Act
2007 (stopping and searching persons in relation to unlawful munitions and
5wireless apparatus) is amended as follows.

(2) In sub-paragraph (1) (power to stop and search without reasonable
suspicion) for “An officer” substitute “A member of Her Majesty’s forces
who is on duty”.

(3) In sub-paragraph (2)—

(a) 10for “officer”, in the first place where it appears, substitute “member
of Her Majesty’s forces who is on duty”, and

(b) for “officer”, in the second place where it appears, substitute
“member concerned”.

(4) After sub-paragraph (3) insert—

“(4) 15A constable may search a person (whether or not that person is in
a public place) whom the constable reasonably suspects to have
munitions unlawfully with him or to have wireless apparatus with
him.”

(5) In the italic cross-heading before paragraph 4, at the end, insert “: general”.

2 20After paragraph 4 of that Schedule to that Act insert—

“Stopping and searching persons in specified locations

4A (1) A senior officer may give an authorisation under this paragraph in
relation to a specified area or place if the officer—

(a) reasonably suspects (whether in relation to a particular
25case, a description of case or generally) that the safety of
any person might be endangered by the use of munitions
or wireless apparatus, and

(b) reasonably considers that—

(i) the authorisation is necessary to prevent such
30danger,

(ii) the specified area or place is no greater than is
necessary to prevent such danger, and

(iii) the duration of the authorisation is no longer than
is necessary to prevent such danger.

(2) 35An authorisation under this paragraph authorises any constable to
stop a person in the specified area or place and to search that
person.

(3) A constable may exercise the power conferred by an authorisation
under this paragraph only for the purpose of ascertaining whether
40the person has munitions unlawfully with that person or wireless
apparatus with that person.

(4) But the power conferred by such an authorisation may be
exercised whether or not the constable reasonably suspects that
there are such munitions or wireless apparatus.

(5) A constable exercising the power conferred by an authorisation
under this paragraph may not require a person to remove any
clothing in public except for headgear, footwear, an outer coat, a
jacket or gloves.

(6) 5Where a constable proposes to search a person by virtue of an
authorisation under this paragraph, the constable may detain the
person for such time as is reasonably required to permit the search
to be carried out at or near the place where the person is stopped.

(7) A senior officer who gives an authorisation under this paragraph
10orally must confirm it in writing as soon as reasonably practicable.

(8) In this paragraph and paragraphs 4B to 4I—

• “senior officer” means an officer of the Police Service of
  Northern Ireland of at least the rank of assistant chief
  constable,

• 15“specified” means specified in an authorisation.

4B (1) An authorisation under paragraph 4A has effect during the
period—

(a) beginning at the time when the authorisation is given, and

(b) ending with the specified date or at the specified time.

(2) 20This paragraph is subject as follows.

4C The specified date or time must not occur after the end of the
period of 14 days beginning with the day on which the
authorisation is given.

4D (1) The senior officer who gives an authorisation must inform the
25Secretary of State of it as soon as reasonably practicable.

(2) An authorisation ceases to have effect at the end of the period of
48 hours beginning with the time when it is given unless it is
confirmed by the Secretary of State before the end of that period.

(3) An authorisation ceasing to have effect by virtue of sub-paragraph
30(2) does not affect the lawfulness of anything done in reliance on
it before the end of the period concerned.

(4) When confirming an authorisation, the Secretary of State may—

(a) substitute an earlier date or time for the specified date or
time;

(b) 35substitute a more restricted area or place for the specified
area or place.

4E The Secretary of State may cancel an authorisation with effect from
a time identified by the Secretary of State.

4F (1) A senior officer may—

(a) 40cancel an authorisation with effect from a time identified
by the officer concerned;

(b) substitute an earlier date or time for the specified date or
time;

(c) substitute a more restricted area or place for the specified
45area or place.

(2) Any such cancellation or substitution in relation to an
authorisation confirmed by the Secretary of State under paragraph
4D does not require confirmation by the Secretary of State.

4G The existence, expiry or cancellation of an authorisation does not
5prevent the giving of a new authorisation.

4H (1) An authorisation under paragraph 4A given by a senior officer
may specify—

(a) the whole or part of Northern Ireland,

(b) the internal waters or any part of them, or

(c) 10any combination of anything falling within paragraph (a)
and anything falling within paragraph (b).

(2) In sub-paragraph (1)(b) “internal waters” means waters in the
United Kingdom which are adjacent to Northern Ireland.

(3) Where an authorisation specifies more than one area or place—

(a) 15the power of a senior officer under paragraph 4B(1)(b) to
specify a date or time includes a power to specify different
dates or times for different areas or places (and the other
references in this Schedule to the specified date or time are
to be read accordingly), and

(b) 20the power of the Secretary of State under paragraph
4D(4)(b), and of a senior officer under paragraph 4F(1)(c),
includes a power to remove areas or places from the
authorisation.

4I (1) Sub-paragraph (2) applies if any decision of—

(a) 25a senior officer to give, vary or cancel an authorisation
under paragraph 4A, or

(b) the Secretary of State to confirm, vary or cancel such an
authorisation,

is challenged on judicial review or in any other legal proceedings.

(2) 30The Secretary of State may issue a certificate that—

(a) the interests of national security are relevant to the
decision, and

(b) the decision was justified.

(3) The Secretary of State must notify the person making the challenge
35(“the claimant”) if the Secretary of State intends to rely on a
certificate under this paragraph.

(4) Where the claimant is notified of the Secretary of State’s intention
to rely on a certificate under this paragraph—

(a) the claimant may appeal against the certificate to the
40Tribunal established under section 91 of the Northern
Ireland Act 1998, and

(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect
of appeal, procedure and further appeal) apply but subject
to sub-paragraph (5).

(5) 45In its application by virtue of sub-paragraph (4)(b), section 90(3) of
the Act of 1998 is to be read as if for the words from “subsection”
to “that purpose,” there were substituted “paragraph 4I(4)(a) of

Schedule 3 to the Justice and Security (Northern Ireland) Act 2007
the Tribunal determines that—

“(a) the interests of national security are relevant to the decision
to which the certificate relates, and

(b) 5the decision was justified,”.

(6) Rules made under section 91 or 92 of the Act of 1998 which are in
force immediately before this paragraph comes into force have
effect in relation to a certificate under this paragraph—

(a) with any necessary modifications, and

(b) 10subject to any later rules made by virtue of sub-paragraph
(4)(b).”

3 In paragraph 9(1) of that Schedule to that Act (offence of failing to stop when
required to do so) after “paragraph 4” insert “or by virtue of paragraph 4A”.

Section 78

SCHEDULE 7 15Safeguarding of vulnerable groups: Northern Ireland

Restriction of scope of regulated activities: children

1 (1) Parts 1 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups
(Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I.11)S.I. 2007/1351 (N.I.11)) (regulated activity
relating to children and the period condition) are amended as follows.

(2) 20In paragraph 1(1)(b) (frequency and period condition for regulated activity),
at the beginning, insert “except in the case of activities falling within sub-
paragraph (1A),”.

(3) After paragraph 1(1) insert—

“(1A) The following activities fall within this sub-paragraph—

(a) 25relevant personal care, and

(b) health care provided by, or under the direction or
supervision of, a health care professional.

(1B) In this Part of this Schedule “relevant personal care” means—

(a) physical assistance which is given to a child who is in need
30of it by reason of illness or disability and is given in
connection with eating or drinking (including the
administration of parenteral nutrition),

(b) physical assistance which is given to a child who is in need
of it by reason of age, illness or disability and is given in
35connection with—

(i) toileting (including in relation to the process of
menstruation),

(ii) washing or bathing, or

(iii) dressing,

(c) 40the prompting (together with supervision) of a child, who
is in need of it by reason of illness or disability, in relation
to the performance of the activity of eating or drinking
where the child is unable to make a decision in relation to

performing such an activity without such prompting and
supervision,

(d) the prompting (together with supervision) of a child, who
is in need of it by reason of age, illness or disability, in
5relation to the performance of any of the activities listed in
paragraph (b)(i) to (iii) where the child is unable to make a
decision in relation to performing such an activity without
such prompting and supervision,

(e) any form of training, instruction, advice or guidance
10which—

(i) relates to the performance of the activity of eating
or drinking,

(ii) is given to a child who is in need of it by reason of
illness or disability, and

(iii) 15does not fall within paragraph (c), or

(f) any form of training, instruction, advice or guidance
which—

(i) relates to the performance of any of the activities
listed in paragraph (b)(i) to (iii),

(ii) 20is given to a child who is in need of it by reason of
age, illness or disability, and

(iii) does not fall within paragraph (d).

(1C) In this Part of this Schedule —

• “health care” includes all forms of health care provided for
  25children, whether relating to physical or mental health and
  also includes palliative care for children and procedures
  that are similar to forms of medical or surgical care but are
  not provided for children in connection with a medical
  condition,

• 30“health care professional” means a person who is a member
  of a profession regulated by a body mentioned in section
  25(3) of the National Health Service Reform and Health
  Care Professions Act 2002.

(1D) Any reference in this Part of this Schedule to health care provided
35by, or under the direction or supervision of, a health care
professional includes a reference to first aid provided to a child by
any person acting on behalf of an organisation established for the
purpose of providing first aid.”

(4) In paragraph 1(2)(c) (work activities at certain establishments to be
40regulated activity) for “any form of work (whether or not for gain)”
substitute “any work falling within sub-paragraph (2A) or (2B)”.

(5) After paragraph 1(2) insert—

“(2A) Work falls within this sub-paragraph if it is any form of work for
gain, other than any such work which—

(a) 45is undertaken in pursuance of a contract for the provision
of occasional or temporary services, and

(b) is not an activity mentioned in paragraph 2(1)
(disregarding paragraph 2(3A) and (3B)(b)).

(2B) Work falls within this sub-paragraph if it is any form of work
which is not for gain, other than—

(a) any such work which—

(i) is carried out on a temporary or occasional basis,
5and

(ii) is not an activity mentioned in paragraph 2(1)
(disregarding paragraph 2(3A) and (3B)(b)), or

(b) any such work which is, on a regular basis, subject to the
day to day supervision of another person who is engaging
10in regulated activity relating to children”.

(6) Also in paragraph 1—

(a) after sub-paragraph (6) insert—

“(6A) The exercise of a function of a controller appointed in
respect of a child under Article 101 of the Mental Health
15(Northern Ireland) Order 1986 (NI 4) is a regulated activity
relating to children.”,

(b) omit sub-paragraph (7) (exercise of functions of persons mentioned
in paragraph 4(1) to be regulated activity), and

(c) after sub-paragraph (12) insert—

“(13) 20Any activity which consists in or involves on a regular
basis the day to day management or supervision of a
person who would be carrying out an activity mentioned
in sub-paragraph (1) or (2) but for the exclusion for
supervised activity in paragraph 2(3A) or (3B)(b) or sub-
25paragraph (2B)(b) above is a regulated activity relating to
children.”

(7) In paragraph 2 (activities referred to in paragraph 1(1))—

(a) in sub-paragraph (1) omit paragraph (d) (treatment and therapy
provided for a child),

(b) 30in sub-paragraph (2)—

(i) for “, (c) and (d)” substitute “and (c)”, and

(ii) omit paragraph (d), and

(c) after sub-paragraph (3) insert—

“(3A) Sub-paragraph (1)(a) does not include any form of
35teaching, training or instruction of children which is, on a
regular basis, subject to the day to day supervision of
another person who is engaging in regulated activity
relating to children.

(3B) Sub-paragraph (1)(b)—

(a) 40does not include any health care provided
otherwise than by (or under the direction or
supervision of) a health care professional, and

(b) does not, except in the case of relevant personal
care or of health care provided by (or under the
45direction or supervision of) a health care
professional, include any form of care for or
supervision of children which is, on a regular basis,
subject to the day to day supervision of another

person who is engaging in regulated activity
relating to children.

(3C) Sub-paragraph (1)(c) does not include any legal advice.”

(8) Omit paragraph 4 (list of persons referred to in paragraph 1(7)).

(9) 5In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “or (c)”.

Restriction of definition of vulnerable adults

2 (1) In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland)
Order 2007 (interpretation of Order), in the first paragraph (2)—

(a) after the definition of “the 2003 Order” insert—

• 10““adult” means a person who has attained the age of
  18;”, and

(b) in the definition of “vulnerable adult”, for the words “must be
construed in accordance with Article 3” substitute “means any adult
to whom an activity which is a regulated activity relating to
15vulnerable adults by virtue of any paragraph of paragraph 7(1) of
Schedule 2 is provided”.

(2) Omit Article 3 of the Order of 2007 (definition of vulnerable adults).

Restriction of scope of regulated activities: vulnerable adults

3 (1) Parts 2 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups
20(Northern Ireland) Order 2007 (regulated activity relating to vulnerable
adults and the period condition) are amended as follows.

(2) For paragraph 7(1) to (3) (main activities which are regulated activity)
substitute—

“(1) Each of the following is a regulated activity relating to vulnerable
25adults—

(a) the provision to an adult of health care by, or under the
direction or supervision of, a health care professional,

(b) the provision to an adult of relevant personal care,

(c) the provision by a social care worker of relevant social
30work to an adult who is a client or potential client,

(d) the provision of assistance in relation to general household
matters to an adult who is in need of it by reason of age,
illness or disability,

(e) any relevant assistance in the conduct of an adult’s own
35affairs,

(f) the conveying by persons of a prescribed description in
such circumstances as may be prescribed of adults who
need to be conveyed by reason of age, illness or disability,

(g) such activities—

(i) 40involving, or connected with, the provision of
health care or relevant personal care to adults, and

(ii) not falling within any of the above paragraphs,

as are of a prescribed description.