(2) DBS must prepare annual accounts in respect of each financial year in such
form as the Secretary of State decides.

(3) Before the end of the specified period following the end of each financial
year to which the annual accounts relate DBS must send a copy of the
5accounts to the Secretary of State and the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) send a copy of the certified accounts and of the report to the Secretary
of State.

(5) 10The Secretary of State must lay before Parliament each document received
under sub-paragraph (4)(b).

(6) The specified period is such period as the Secretary of State directs in
writing.

Guidance

13 (1) 15The Secretary of State may, from time to time, issue guidance in writing to
DBS in relation to the exercise of any of its functions.

(2) DBS must have regard to any such guidance before exercising any function
to which it relates.

Directions

14 (1) 20The Secretary of State may give directions in writing to DBS in relation to the
exercise of any of its functions other than a core function mentioned in
paragraph 8(1)(a), (b) or (c).

(2) The Secretary of State may vary or revoke any such directions.

(3) DBS must comply with any directions given under this paragraph.

25Status

15 (1) DBS is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) DBS’s property is not to be regarded as property of, or property held on
30behalf of, the Crown.

Use of information

16 Information obtained by DBS in connection with the exercise of any of its
functions may be used by DBS in connection with the exercise of any of its
other functions.

35Payments in connection with maladministration

17 (1) Sub-paragraph (2) applies if DBS considers—

(a) that action taken by or on behalf of DBS amounts to
maladministration, and

(b) that a person has been adversely affected by the action.

(2) DBS may, with the approval of the Secretary of State, make such payment (if
any) to the person as it considers appropriate.

(3) In sub-paragraph (1) “action” includes failure to act.

Incidental powers

18 (1) 5In connection with the exercise of any of its functions DBS may—

(a) enter into contracts and other agreements (whether legally binding
or not),

(b) acquire and dispose of property (including land),

(c) borrow money,

(d) 10do such other things as DBS considers necessary or expedient.

(2) The power conferred by sub-paragraph (1)(b) includes accepting—

(a) gifts of money, and

(b) gifts or loans of other property,

on such terms as DBS considers appropriate.

(3) 15But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c)
only with the approval of the Secretary of State.

(4) Such approval may be given—

(a) with respect to a particular case or with respect to a class of cases,

(b) subject to such conditions as the Secretary of State considers
20appropriate.

Documents

19 A document purporting to be signed on behalf of DBS is to be received in
evidence and, unless the contrary is proved, is to be taken to be so signed.

Transitional

20 (1) 25The Secretary of State (instead of DBS) may—

(a) appoint the first chief executive, and

(b) decide the terms and conditions of service as an employee of DBS
which are applicable to the first chief executive on appointment.

(2) The period of any such appointment must not exceed 5 years (but the person
30may be re-appointed under paragraph 4).

(3) The person who has the function of chairing DBS may be appointed as chief
executive by the Secretary of State under this paragraph.

Section 113(1)

SCHEDULE 9 Consequential amendments

Part 1 Destruction, retention and use of fingerprints etc.

5House of Commons Disqualification Act 1975

1 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) insert at the appropriate place—

• “Commissioner for the Retention and Use of Biometric
  Material”.

10Northern Ireland Assembly Disqualification Act 1975

2 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices) insert at the appropriate place—

• “Commissioner for the Retention and Use of Biometric
  Material”.

15Police and Criminal Evidence Act 1984

3 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 63 (non-intimate samples), in subsection (3A)(c)(i) (as amended by
section 2 of the Crime and Security Act 2010), for “64ZA” substitute “63R”.

(3) Omit section 64 (as not substituted by section 14(1) of the Crime and Security
20Act 2010) (destruction of fingerprints and samples).

Crime and Security Act 2010

4 (1) The Crime and Security Act 2010 is amended as follows.

(2) Omit sections 14, 16 to 19 and 21 to 23 (retention, destruction and use of
fingerprints and samples etc.).

(3) 25In section 58 (extent) omit subsections (4) and (6) to (8).

Part 2 The Surveillance Camera Commissioner

House of Commons Disqualification Act 1975

5 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
30(other disqualifying offices) insert at the appropriate place—

• “Surveillance Camera Commissioner”.

Part 3 Safeguards for certain surveillance under RIPA

Regulation of Investigatory Powers Act 2000

6 The Regulation of Investigatory Powers Act 2000 is amended as follows.

7 5In section 22(6) (duty of postal or telecommunications operator to comply
with notice to obtain and disclose communications data) after “shall” insert
“, subject to section 23A,”.

8 After section 23(2) (form and duration of authorisations and notices relating
to communications data) insert—

“(2A) 10The words in paragraph (a) of subsections (1) and (2) from “or” to the
end of the paragraph do not apply in relation to—

(a) an authorisation under section 22(3), (3B) or (3F) to which
section 23A applies, or

(b) a notice under section 22(4) to which section 23A applies.”

9 (1) 15Section 43 (general rules about grant, renewal and duration of
authorisations relating to surveillance and human intelligence sources) is
amended as follows.

(2) After subsection (1) insert—

“(1A) Subsection (1)(a) does not apply in relation to an authorisation under
20section 28 or 29 to which section 32A applies.”

(3) In subsection (9)(c) after “section” insert “32A or”.

10 (1) Section 57 (Interception of Communications Commissioner) is amended as
follows.

(2) In subsection (2) for “subsection (4)” substitute “subsections (4) and (4A)”.

(3) 25After subsection (4) insert—

“(4A) It shall not be the function of the Interception of Communications
Commissioner to keep under review the exercise by the relevant
judicial authority (within the meaning of section 23A) of functions
under that section or section 23B.”

11 30After section 62(2) (functions of Chief Surveillance Commissioner) insert—

“(2A) It shall not by virtue of this section be the function of the Chief
Surveillance Commissioner to keep under review the exercise by a
judicial authority of functions under section 32A or 32B.”

12 (1) Section 65 (the Tribunal) is amended as follows.

(2) 35In subsection (7) after “but” insert “, subject to subsection (7ZA),”.

(3) After subsection (7) insert—

“(7ZA) The exception in subsection (7) so far as conduct is authorised by, or
takes place with the permission of, a judicial authority does not
include conduct authorised by an approval given under section 23A
40or 32A.”

13 In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and
before “and”), insert—

“(aa) an order quashing an order under section 23A or 32A by the
relevant judicial authority (within the meaning of that
5section);”.

14 In section 71(2) (issue and revision of codes of practice) after
“Commissioners” insert “or the relevant judicial authority (within the
meaning of section 23A or 32A)”.

15 After section 77 (Ministerial expenditure etc.) insert—

“77A 10 Procedure for order of sheriff under section 23A or 32A: Scotland

(1) This section applies to an application to the sheriff for an order under
section 23A or 32A.

(2) Rules of court must make provision for the purposes of ensuring that
an application to which this section applies is dealt with in private
15and must, in particular—

(a) require the sheriff to determine an application in private,

(b) secure that any hearing is to be held in private, and

(c) ensure that notice of an application (or of any order being
made) is not given to—

(i) 20the person to whom the authorisation or notice which
is the subject of the application or order relates, or

(ii) such a person’s representatives.

(3) The Court of Session’s power under section 32 of the Sheriff Courts
(Scotland) Act 1971 to regulate and prescribe the procedure and
25practice to be followed in relation to an application to which this
section applies is subject to, but is not otherwise constrained by,
sections 23B and 32B and this section.

77B Procedure for order of district judge under section 23A or 32A:
Northern Ireland

(1) 30The Lord Chancellor may by order make further provision about the
procedure and practice to be followed in relation to an application to
a district judge (magistrates’ courts) in Northern Ireland for an order
under section 23A or 32A.

(2) Such an order may, in particular, provide—

(a) 35for the manner in which, and time within which, an
application may be made,

(b) that the district judge (magistrates’ courts) is to determine an
application—

(i) in chambers,

(ii) 40in the absence of the person to whom the
authorisation or notice which is the subject of the
application relates,

(c) that any hearing is to be held in private,

(d) that notice of an order given is not to be given to—

(i) 45the person to whom the authorisation or notice which
is the subject of the order relates, or

(ii) such a person’s legal representatives.

(3) An order of the Lord Chancellor under this section may not make
provision which, if it were contained in an Act of the Northern
Ireland Assembly, would be within the legislative competence of the
Northern Ireland Assembly and would deal with a transferred
5matter (within the meaning of section 4(1) of the Northern Ireland
Act 1998).

(4) The power of the Magistrates’ Courts Rules Committee under
Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981
(S.I. 1981/1675 (N.I. 26)S.I. 1981/1675 (N.I. 26)) to regulate and prescribe the procedure and
10practice to be followed in relation to an application to a district judge
(magistrates’ courts) in Northern Ireland for an order under section
23A or 32A is subject to, but is not otherwise constrained by, sections
23B and 32B and any order made under this section.”

16 In section 78 (orders, regulations and rules)—

(a) 15in subsection (1) after “the Secretary of State” insert “or the Lord
Chancellor”,

(b) in subsection (3)(a)—

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

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

(c) 20in subsection (5) after “the Secretary of State” insert “or (as the case
may be) the Lord Chancellor”.

17 After section 81(8) (general interpretation) insert—

“(9) References in this Act to provision which, if it were contained in an
Act of the Northern Ireland Assembly, would deal with a Northern
25Ireland transferred matter or (as the case may be) a transferred
matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3)) do not include
references to any such provision which would be ancillary to other
provision (whether in the Act of the Northern Ireland Assembly or
previously enacted) which deals with an excepted or reserved matter
30(within the meaning given by section 4(1) of the Northern Ireland
Act 1998).”

Part 4 Vehicles left on land

Road Traffic Regulation Act 1984

18 (1) 35Section 102 of the Road Traffic Regulation Act 1984 (charges for removal,
storage and disposal of vehicles) is amended as follows.

(2) In 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
40(b), for “land in the open air” substitute “other land”.

Airports Act 1986

19 (1) Section 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) In subsection (3)—

(a) 5omit 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.”.

Private Security Industry Act 2001

20 (1) 10The 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) In section 4A(2) (licensable conduct)—

(a) 15omit paragraph (a),

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

(c) in paragraph (c), omit “other”.

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

(5) 20Omit 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) 25paragraph 3,

(b) paragraph 3A,

(c) paragraph 9, and

(d) paragraph 9A.

Part 5 30Counter-terrorism powers

Police and Criminal Evidence Act 1984

21 After 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
35of 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
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).”

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

22 In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order
1989 (codes of practice in relation to statutory search powers etc.)—

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

(b) 5after 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
practice issued under section 47AB(2) of the Terrorism Act
2000 (as that code is altered or replaced from time to time)
10(code of practice in relation to terrorism powers to search
persons and vehicles and to stop and search in specified
locations).”

Terrorism Act 2000

23 The Terrorism Act 2000 is amended as follows.

24 15In the italic cross-heading before section 40, after “Suspected terrorists”
insert “etc.”.

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

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

“(ab) section 47AB;”.

(3) 20In subsection (5), after “paragraph (aa)” insert “, (ab)”.

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

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

(3) In paragraph 36 omit—

(a) 25sub-paragraph (1B),

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

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

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

(e) 30sub-paragraph (7).

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

Regulation of Investigatory Powers Act 2000

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

(a) 35in paragraph (a)—

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

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

(b) 40in paragraph (b)—

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

(ii) for 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
5to that Act of 2000 (see the definition of “senior police officer”),”.

Criminal Justice and Police Act 2001

28 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 10The power of seizure conferred by section 43(4B)(b) of the
Terrorism 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
15of being used for the purposes of terrorism).”

29 In 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
20of being used for the purposes of terrorism).”.

Police Reform Act 2002

30 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) 25for “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) also in sub-paragraph (iv), for “section 44(1) or (2) of that Act”
30substitute “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
within section 40(1)(b) of that Act”, and

(b) 35in 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

31 In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003
40(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) in paragraph (d) for “any article” substitute “anything which
45is”, 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
concerned is being used for the purposes of terrorism or (as
5the 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
1 and 2 of Schedule 6B to,”.

10Terrorism Act 2006

32 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) in subsection (5) after “Parliament” insert “as soon as the Secretary of
15State 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) after subsection (6) insert—

“(6A) 20The 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
reports on it.”

25Counter-Terrorism Act 2008

33 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
suspected terrorist);

(bb) 30section 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)

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

Part 6 35Safeguarding of vulnerable groups

Police Act 1997

35 The Police Act 1997 is amended as follows.

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

37 40In section 113BB(2) (suitability information relating to vulnerable adults)
omit paragraphs (b) to (d).