Protection of Freedoms Bill (HL Bill 121)

Protection of Freedoms BillPage 190

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

Part 8 The Disclosure and Barring Service

5Parliamentary Commissioner Act 1967

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

  • Disclosure and Barring Service.

House of Commons Disqualification Act 1975

128 (1) 10Schedule 1 to the House of Commons 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) 15In Part 3 (other disqualifying offices) insert at the appropriate place—

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

Northern Ireland Assembly Disqualification Act 1975

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

(2) 20In 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.

25Freedom of Information Act 2000

130 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 30Disregarding certain convictions for buggery etc.

Rehabilitation of Offenders Act 1974

131 (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)”.

Protection of Freedoms BillPage 191

(3) After 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 2012.

(6) 5Accordingly, references in this Act to a conviction or caution do not
include references to any such disregarded conviction or caution.

Police Act 1997

132 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
10“but excluding a disregarded caution within the meaning of Chapter 4 of
Part 5 of the Protection of Freedoms Act 2012”.

Part 10 Trafficking people for exploitation

Children and Young Persons Act 1933

133 15In Schedule 1 to the Children and Young Persons Act 1933 (offences against
children and young persons with respect to which special provisions of the
Act apply)—

(a) in the first entry relating to the Sexual Offences Act 2003 for “57”
substitute “59A”, and

(b) 20after the second entry relating to the Act of 2003 insert—

Any offence against a child or young person under
section 4 of the Asylum and Immigration (Treatment of
Claimants, etc) Act 2004, or any attempt to commit such an
offence.

25Police and Criminal Evidence Act 1984

134 In section 65A of the Police and Criminal Evidence Act 1984 (questioning
and treatment of persons by police: meaning of “qualifying offence”), in
subsection (2)(p), for “59” substitute “59A”.

Proceeds of Crime Act 2002

135 30In Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences: England
and Wales), in paragraph 4(2), for “any of sections 57 to 59” substitute
“section 59A”.

Criminal Justice Act 2003

136 In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of
35dangerous offenders: specified sexual offences), after paragraph 143,
insert—

143A An offence under section 59A of that Act (trafficking for sexual
exploitation).

Protection of Freedoms BillPage 192

Sexual Offences Act 2003

137 (1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 60A (trafficking for sexual exploitation: forfeiture of land vehicle,
ship or aircraft), in each of subsections (1) and (5), for “sections 57 to 59”
5substitute “section 59A”.

(3) In section 60B (trafficking for sexual exploitation: detention of land vehicle,
ship or aircraft), in subsection (1), for “sections 57 to 59” substitute “section
59A”.

(4) In Schedule 5 (relevant offences for the purposes of notification and orders),
10in paragraph 63, for “59” substitute “59A”.

Asylum and Immigration (Treatment of Claimants, etc) Act 2004

138 (1) The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is
amended as follows.

(2) In section 5 (section 4: supplemental)—

(a) 15in subsection (11) omit “In so far as section 4 extends to England and
Wales,”, and

(b) omit subsections (12) and (13).

(3) In section 14(2)(n) (immigration officers’ powers of arrest) for “59” substitute
“59A”.

20Serious Crime Act 2007

139 In Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences:
England and Wales), in paragraph 2(2), for “59” substitute “59A”.

Part 11 Repeal of provisions for conducting certain fraud cases without jury

25Criminal Justice Act 2003

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

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

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

(b) 30in subsection (1), omit paragraph (a) and the word “and” at the end
of the paragraph, and

(c) in 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) 35Omit section 330(5)(b) (procedure for order bringing section 43 into force).

Protection of Freedoms BillPage 193

Section 113(2)

SCHEDULE 10 Repeals and revocations

Part 1 Destruction, retention and use of fingerprints etc.

Short title 5Extent of repeal
Police and Criminal Evidence
Act 1984
Section 64.
Criminal Justice Act 1988 Section 148.
Criminal Justice and Public
Order Act 1994
Section 57.
10
Terrorism Act 2000

In Schedule 8—

(a)

paragraph 14,

(b)

in paragraph 20, in sub-paragraph (3),
15the words from “but” to the end of the
sub-paragraph, and

(c)

paragraph 20(4)


Police Act 1996 In Part 2 of Schedule 7, paragraph 37.
Criminal Justice and Police Act
2001
20Section 82.
Section 84.
Serious Organised Crime and
Police Act 2005
Section 117(6) to (10).
25Section 118(4).
Counter-Terrorism Act 2008 Section 14(4) to (6).
Section 16.
Section 17.
Crime and Security Act 2010 Section 14.
30Sections 16 to 19.
Sections 21 to 23.
Section 58(4) and (6) to (8).

Part 2 Powers of entry

Short title 35Extent 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)
Article 22.

Hypnotism Act 1952 40Section 4.
Dairy Herd Conversion
Premium Regulations 1973
(S.I. 1973/1642)
In regulation 2(1), the definition of “authorised
officer”.
Regulation 5.
45Regulation 7(b) and the word “or” before it.
Public Health (Control of
Disease) Act 1984
Section 50.

Protection of Freedoms BillPage 194

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.
Milk (Cessation of Production)
Act 1985
Section 2(1).
5Section 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)
Regulation 8.

10In regulation 9, the words “or 8”.
Oilseeds Producers (Support
System) Regulations 1992
(S.I. 1992/695)
In regulation 2(1), the definitions of “authorised
officer”, “oilseeds” and “specified control
measure”.
Regulations 5, 6, 9 and 10.
Merchant Shipping Act 1995 15Section 258(4).
Gas Appliances (Safety)
Regulations 1995 (S.I. 1995/
1629)
Regulation 24(6).

Older Cattle (Disposal)
(England) Regulations 2005
(S.I. 2005/3522)
Regulation 5.
20
Salmonella in Turkey Flocks
and Slaughter Pigs (Survey
Powers) (England)
Regulations 2006 (S.I. 2006/
2821)
Regulation 6.


25
Health and Social Care Act 2008 In 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).

30
Payment Services Regulations
2009 (S.I. 2009/209)
Regulation 83.

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

3 35The repeals and revocations in the following provisions extend to England
and Wales, Scotland and Northern Ireland—

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

(b) the Merchant Shipping Act 1995,

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

(d) 40the Older Cattle (Disposal) (England) Regulations 2005,

Protection of Freedoms BillPage 195

(e) the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers)
(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
5paragraph 2(2) of Schedule 2 to this Act.

Part 3 Vehicles left on land

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

In section 4A(2)—

(a)

15paragraph (a),

(b)

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

(c)

in paragraph (c), the word “other”.

Section 6.
20Section 22A.
In section 24(4), the words from “(except” to “or
22A)”.
In section 25(1), the definition of “motor
vehicle”.
25In Schedule 2, paragraphs 3, 3A, 9 and 9A (and
the italic cross-headings before them).
Serious Organised Crime and
Police Act 2005
In Schedule 15, paragraph 14(a).
Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2005 (S.I.
2005/224)
The whole instrument.
30

Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2006 (S.I.
2006/1831)
Articles 3 and 4.

35
Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2007 (S.I.
2007/2201)
Articles 3 and 4.


40
Private Security Industry Act
2001 (Amendments to
Schedule 2) Order 2009 (S.I.
2009/3043)
Articles 3 and 4.


Crime and Security Act 2010 45Section 42(3).
Section 44.
In Schedule 1, paragraphs 3(5) and 7.

Protection of Freedoms BillPage 196

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.
Terrorism Act 2000 (Remedial)
Order 2011 (S.I. 2011/631)
The whole instrument.

35Part 5 Safeguarding of vulnerable groups

Short title Extent of repeal or revocation
Police Act 1997 Section 113BA(2)(b) to (d).
Section 113BB(2)(b) to (d).
40

In section 119—

(a)

in subsection (2), the words “or for the
purposes of section 24 of the
Safeguarding Vulnerable Groups Act
452006”, and

(b)

subsection (8)(c).


Section 119B(5)(d) and (e).

Protection of Freedoms BillPage 197

Short title Extent of repeal or revocation
Safeguarding Vulnerable
Groups Act 2006
Section 4(1)(a).

5In section 5(4)—

(a)

the words “section 10(3);”, and

(b)

the words “paragraph 4 of Schedule 6”.

Section 6(8)(c).
Section 7(5)(b) and (c).
10Section 8.
Section 9(5)(b) and (c).
Sections 10 to 17.

In section 18(1) and (2)—

(a)

15the words “, 10, 11, 23, 27”, and

(b)

the words “or Schedule 6”.


In section 19—

(a)

20subsections (1), (3), (4), (6) and (7),

(b)

subsection (8)(b) and (c), and

(c)

subsection (9).


Section 20(2) to (7).
25Sections 21 to 27.

In section 35—

(a)

subsection (1)(b), and

(b)

subsection (6).


30

In section 36—

(a)

in subsection (1), the words “or
controlled activity”, and

(b)

35in subsection (3)(a), the words “or
controlled”.


In section 37—

(a)

40subsection (2)(b),

(b)

in subsection (2)(d), the words “or
controlled”,

(c)

in subsections (4) and (5), the words “or
controlled”.


45

In section 39—

(a)

in subsections (1) and (5), the word
“prescribed”, and

(b)

50in subsection (4)(a), the words “or
controlled activity”.


In section 41—

(a)

55in subsections (1) and (5), the word
“prescribed”, and

(b)

in subsection (4)(a), the words “or
controlled activity”.


60In section 43(6)(a), the words “of entry 1 or 8”.
Section 44.

In section 45—

(a)

in subsections (1) and (5), the word
65“prescribed”,

(b)

in subsection (4)(a), the words “or
controlled activity”, and

(c)

subsection (6).


Protection of Freedoms BillPage 198

Short title Extent of repeal or revocation
Safeguarding Vulnerable
Groups Act 2006—cont.

In section 47—

(a)

subsection (2)(b) to (e),

(b)

5subsection (3)(b) to (e), and

(c)

subsection (5).



10In section 48(1)—

(a)

in paragraph (a), the word “newly”, and

(b)

paragraph (c) and the word “or” before
it.

15In section 49(1)—

(a)

in paragraph (a), the word “newly”, and

(b)

paragraph (c) and the word “or” before
it.


20Section 51(5)(b).

In section 54—

(a)

subsection (2)(a),

(b)

in subsection (3), paragraph (b) (but not
25the word “or” at the end of it),

(c)

in subsection (4), paragraph (b) (but not
the word “or” at the end of it), and

(d)

subsection (5).


30

In section 56—

(a)

subsection (1),

(b)

subsection (2)(c),

(c)

in subsection (2)(d) and (e), the words
35“or (8)”, and

(d)

subsection (3)(b) to (f), (j), (n), (s) and (t).


In section 57(1)(c), the word “prescribed”.
Section 59.
40

In section 60—

(a)

in subsection (1), in paragraph (b) of the
definition of “personnel supplier”, the
words “or controlled”, and

(b)

45subsection (3).


In section 61(3)—

(a)

paragraphs (b) to (e), and

(b)

50paragraph (j) and the word “or” before
it.


In Schedule 3—

(a)

55paragraph 19(1)(d),

(b)

in paragraph 19(6) the words from
“which” to “it is” and the words “or
paragraph 20(2)”, and

(c)

paragraph 24(8) and (9).


60

Protection of Freedoms BillPage 199

Short title Extent of repeal or revocation
Safeguarding Vulnerable
Groups Act 2006—cont.

In Schedule 4—

(a)

paragraph 1(8),

(b)

5paragraph 1(9B)(a),

(c)

in paragraph 1(9B)(f), the words “18B
or”,

(d)

in paragraph 1(9B)(m), the words “48
or”,

(e)

10paragraph 1(9B)(p) to (t),

(f)

paragraph 1(10)(a), (ba), (d) and (e),

(g)

paragraph 1(12A),

(h)

paragraph 1(13A),

(i)

paragraph 2(1)(d) and (2)(d),

(j)

15paragraph 3(1)(c),

(k)

paragraph 4 (including the italic cross-
heading before it),

(l)

paragraph 7(4),

(m)

in paragraph 7(5), the words “or (4)”,

(n)

20in paragraph 7(7)(f), the words “English
local authority social services or”,

(o)

paragraph 7(8A),

(p)

paragraph 8, and

(q)

in paragraph 10(2), the words “or 7(1)(a),
25(b), (c), (d) or (g)” and, in paragraph (b),
the words “or vulnerable adults (as the
case may be)”.



30Schedules 5 and 6.

In Schedule 7—

(a)

in paragraph 1, entries 3, 4, 7, 8, 17 and
19 in the table,

(b)

35in paragraph 3(1), paragraph (b) and the
word “or” before it, and

(c)

paragraph 3(3).


In Schedule 8, paragraph 5 (including the italic
40cross-heading before it).
In Schedule 9, paragraph 14(7)(c).
Safeguarding Vulnerable
Groups (Northern Ireland)
Order 2007 (S.I. 2007/1351
(N.I.11))

In Article 2—

(a)

in the first paragraph (2), the definition
45of “institution of further education” and,
in sub-paragraph (b) of the definition of
“personnel supplier”, the words “or
controlled”, and

(b)

paragraph (3).


50


Article 3.
55Article 8(1)(a).
Article 9(4)(c) and (e).
Article 10(8)(a) and (c).
Article 11(5)(b) and (c).
Article 12.
60Article 13(5)(b) and (c).
Articles 14 to 21.

Protection of Freedoms BillPage 200

Short title Extent of repeal or revocation
Safeguarding Vulnerable
Groups (Northern Ireland)
Order 2007 (S.I. 2007/1351
(N.I.11))—cont.

In Article 22(1) and (2)—

(a)

the words “, 14, 15, 27, 31” and

(b)

5the words “or Schedule 4”.





10

Article 23—

(a)

paragraphs (1), (3), (4), (6) and (7),

(b)

paragraph (8)(b) and (c), and

(c)

paragraph (9).

15Article 24(2) to (7).
Articles 25 to 27 (and the italic cross-heading
before them).
Articles 28 to 31 (and the italic cross-heading
before them).
20

In Article 37—

(a)

paragraph (1)(b), and

(b)

paragraph (6).


25

In Article 38—

(a)

in paragraph (1), the words “or
controlled activity”, and

(b)

in paragraph (3)(a), the words “or
30controlled”.


In Article 39—

(a)

paragraph (2)(b),

(b)

35in paragraph (2)(d), the words “or
controlled”, and

(c)

in paragraphs (4) and (5), the words “or
controlled”.


40

In Article 41—

(a)

in paragraphs (1) and (5), the word
“prescribed”, and

(b)

in paragraph (4)(a), the words “or
45controlled activity”.


In Article 43—

(a)

in paragraphs (1) and (5), the word
50“prescribed”,

(b)

in paragraph (4)(a), the words “or
controlled activity”, and

(c)

paragraphs (4A) to (4C).


55Article 46.

In Article 47—

(a)

in paragraphs (1) and (5), the word
“prescribed”,

(b)

60in paragraph (4)(a), the words “or
controlled activity”, and

(c)

paragraph (6).


65In Article 49—

(a)

paragraph (2)(b) to (e),

(b)

paragraph (3)(b) to (e), and

(c)

paragraph (5).


Protection of Freedoms BillPage 201

Short title Extent of repeal or revocation
Safeguarding Vulnerable
Groups (Northern Ireland)
Order 2007 (S.I. 2007/1351
(N.I.11))—cont.

In Article 50(1)—

(a)

in sub-paragraph (a), the word “newly”,
5and

(b)

sub-paragraph (c) and the word “or”
before it.




10

In Article 51(1)—

(a)

in sub-paragraph (a), the word “newly”,
15and

(b)

sub-paragraph (c) and the word “or”
before it.

Article 53(5)(b).

20In Article 56—

(a)

paragraph (2)(a),

(b)

in paragraph (3), sub-paragraph (b) (but
not the word “or” at the end of it),

(c)

in paragraph (4), sub-paragraph (b) (but
25not the word “or” at the end of it), and

(d)

paragraph (5).


In Article 57(1)(c), the word “prescribed”.

30In Schedule 1—

(a)

paragraph 19(1)(d),

(b)

in paragraph 19(6), the words from
“which” to “it is” and the words “or
paragraph 20(2)”, and

(c)

35paragraph 24(8) and (9).


In Schedule 2—

(a)

paragraph 1(7),

(b)

40paragraph 2(1)(d) and (2)(d),

(c)

paragraph 4,

(d)

paragraph 7(4),

(e)

in paragraph 7(5), the word “, (4)”,

(f)

paragraph 7(9),

(g)

45paragraph 8, and

(h)

in paragraph 10(2), the words “or 7(1)(a),
(b), (c), (d) or (g)” and, in paragraph (b),
the words “or vulnerable adults (as the
case may be)”.


50
Schedules 3 and 4.

In Schedule 5—

(a)

in paragraph 1, entries 3, 4, 7, 8, 17 and
5519 in the table,

(b)

in paragraph 3(1), paragraph (b) and the
word “or” before it, and

(c)

paragraph 3(3).


60In Schedule 6, paragraph 5 (including the italic
cross-heading before it).
Health and Social Care Act 2008 In Schedule 5, paragraphs 92 and 93.
Education and Skills Act 2008 Section 147(8).

Protection of Freedoms BillPage 202

Short title Extent of repeal or revocation
Education and Skills Act 2008—
cont.
In Schedule 1, paragraphs 41(3) and 89
(including the italic cross-heading before
paragraph 89).
The Offender Management Act
2007 (Consequential
Amendments) Order 2008
(S.I. 2008/912)
5In Schedule 1, paragraph 21.


Health Act 2009Apprenticeships, Skills,
Children and Learning Act
2009
In Schedule 1, paragraphs 14 and 15.
10
In Schedule 12, paragraph 43.
Policing and Crime Act 2009

In section 81(3)(m)—

(a)

15in sub-paragraph (i), the words “, 6, 15,
25”,

(b)

sub-paragraph (v), and

(c)

sub-paragraph (vi) (but not the word
“and” at the end of it).


20
Sections 82 to 87.
Sections 89, 90 and 92.
In Part 8 of Schedule 8, the entry relating to the
Safeguarding Vulnerable Groups Act 2006.
The Police Act 1997 (Criminal
Records) (Electronic
Communications) Order 2009
(S.I. 2009/203)
25Articles 12 to 15.


The Health Care and Associated
Professions (Miscellaneous
Amendments and
Practitioner Psychologists)
Order 2009 (S.I. 2009/1182)
Article 1(6)(e).
30


In Schedule 5, paragraph 9 (and the heading
35before it) and Part 3.
The Safeguarding Vulnerable
Groups Act 2006 (Regulated
Activity, Miscellaneous and
Transitional Provisions and
Commencement No. 5) Order
2009 (S.I. 2009/2610)
Article 26.



40
Part 8.
Articles 28, 29 and 30(a).
The Safeguarding Vulnerable
Groups (Regulated Activity,
Transitional Provisions and
Commencement No. 4) Order
(Northern Ireland) 2009 (S.R.
304/2009)
Articles 10, 24 and 25.
45



The Safeguarding Vulnerable
Groups (Miscellaneous
Provisions) Order (Northern
Ireland) 2009 (S.R. 305/2009)
50Article 7(4).


Protection of Freedoms BillPage 203

Short title Extent of repeal or revocation
The Health and Social Care Act
2008 (Consequential
Amendments No.2) Order
2010 (S.I. 2010/813)
Article 19(3), (4) and (5).


5
The Safeguarding Vulnerable
Groups Act 2006 (Regulated
Activity, Devolution and
Miscellaneous Provisions)
Order 2010 (S.I. 2010/1154)
Article 3(5) and (6).



10
Article 5.
Article 7(4).
Articles 8 and 11.
The Local Education
Authorities and Children’s
Services Authorities
(Integration of Functions)
Order 2010 (S.I. 2010/1158)
In Schedule 2, paragraph 62 (and the heading
15before it).


Safeguarding Vulnerable
Groups (Regulated Activity,
Devolution Alignment and
Miscellaneous Provisions)
Order (Northern Ireland)
2010 (S.R. 30/2010)
Articles 6, 9, 11, 14, 16, 17, 18, 19, 20 and 21.
20



25Article 22(a) and the word “and” at the end of it.
Article 24.

Protection of Freedoms BillPage 204

Part 6 Criminal records

Short title Extent of repeal
Police Act 1997 Section 113A(4).
5

In section 113B—

(a)

in subsection (4), the words “, in the
chief officer’s opinion”,

(b)

subsections (5) and (6), and

(c)

10in subsection (9), the definition of
“relevant police force”.

In section 119B—

(a)

subsection (5)(a), and

(b)

15in subsection (5)(c), the words from “or
disclosed” to the end.


In section 120(2), paragraph (c) and the word
“and” before it.
20Section 122(3A)(a).

In section 124—

(a)

in subsection (4)(b), the words “(5) or”,
and

(b)

25subsection (5).


In section 124A(1)(c), the words “or registered
person”.
Safeguarding Vulnerable
Groups Act 2006
In Schedule 9, paragraph 14(5) and (6).
30
Policing and Crime Act 2009 Section 93.

Protection of Freedoms BillPage 205

Part 7 Freedom of information

Short title Extent of repeal
Freedom of Information Act
2000
In section 6(1), at the end of paragraph (a), the
5word “or”.
Section 80A.
Constitutional Reform and
Governance Act 2010
In Schedule 7, paragraph 6.

Part 8 10The Information Commissioner

Short title Extent of repeal or revocation
Data Protection Act 1998 In section 51(8), the words “with the consent of
the Secretary of State”.

15In Schedule 5—

(a)

paragraph 2(4) and (5), and

(b)

paragraph 4(5).

Freedom of Information Act
2000
Section 18(5) to (7).
20In section 47(4), the words “with the consent of
the Secretary of State”.
The Secretary of State for
Constitutional Affairs Order
2003 (S.I. 2003/1887)
In Schedule 2, in paragraph 12(1)(a), the word “,
47”.

25Part 9 Trafficking people for exploitation

Short title Extent of repeal
Sexual Offences Act 2003 Section 60(2).
Asylum and Immigration
(Treatment of Claimants, etc)
Act 2004
In section 4(4)(b), the words “under the Human
30Organ Transplants Act 1989 (c. 31)1989 (c. 31) or”.

In section 5—

(a)

subsection (1),

(b)

35in subsection (11), the words “In so far as
section 4 extends to England and
Wales,”, and

(c)

subsections (12) and (13).

UK Borders Act 2007 Section 31.

Protection of Freedoms BillPage 206

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

Short title Extent of repeal
Criminal Justice Act 1987 In section 9(11), the words “43 or” (so far as
5inserted into that section).
Criminal Procedure and
Investigations Act 1996
In section 35(1), the words “43 or” (so far as
inserted into that section).
Criminal Justice Act 2003 Section 43.

10In section 45—

(a)

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

(b)

in subsections (5) and (9), the words “43
15or”.

In section 46(7), the words “43 or”.
In section 48(1), the word “43,”.
Section 330(5)(b).

Part 11 20Removal of restrictions on times for marriage or civil partnership

Short title Extent of repeal
Marriage Act 1949 Section 4.
Section 75(1)(a).
Civil Partnership Act 2004 In section 17(2), the words “between 8 o’clock in
25the morning and 6 o’clock in the evening”.
Section 31(2)(ab).