Protection of Freedoms Bill (HL Bill 121)

(1) 35A senior police officer may give an authorisation under subsection (2)
or (3) in relation to a specified area or place if the officer—

(a) reasonably suspects that an act of terrorism will take place; and

(b) reasonably considers that—

(i) the authorisation is necessary to prevent such an act;

(ii) 40the specified area or place is no greater than is necessary
to prevent such an act; and

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

(2) An authorisation under this subsection authorises any constable in
uniform to stop a vehicle in the specified area or place and to search—

(a) the vehicle;

(b) the driver of the vehicle;

(c) 5a passenger in the vehicle;

(d) anything in or on the vehicle or carried by the driver or a
passenger.

(3) An authorisation under this subsection authorises any constable in
uniform to stop a pedestrian in the specified area or place and to
10search—

(a) the pedestrian;

(b) anything carried by the pedestrian.

(4) A constable in uniform may exercise the power conferred by an
authorisation under subsection (2) or (3) only for the purpose of
15discovering whether there is anything which 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).

(5) But the power conferred by such an authorisation may be exercised
20whether or not the constable reasonably suspects that there is such
evidence.

(6) A constable may seize and retain anything which the constable—

(a) discovers in the course of a search under such an authorisation;
and

(b) 25reasonably 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).

(7) Schedule 6B (which makes supplementary provision about
30authorisations under this section) has effect.

(8) In this section—

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

• “senior police officer” has the same meaning as in Schedule 6B (see
  paragraph 14(1) and (2) of that Schedule);

• 35“specified” means specified in an authorisation.”

(2) Schedule 5 (which inserts a new Schedule making supplementary provision
about powers to stop and search in specified locations into the Terrorism Act
2000) has effect.

62 Code of practice

40After section 47A of the Terrorism Act 2000 (for which see section 61) insert—

“Code of practice relating to sections 43, 43A and 47A

47AA Code of practice relating to sections 43, 43A and 47A

(1) The Secretary of State must prepare a code of practice containing
guidance about—

(a) the exercise of the powers conferred by sections 43 and 43A,

(b) the exercise of the powers to give an authorisation under section
47A(2) or (3),

(c) the exercise of the powers conferred by such an authorisation
5and section 47A(6), and

(d) such other matters in connection with the exercise of any of the
powers mentioned in paragraphs (a) to (c) as the Secretary of
State considers appropriate.

(2) Such a code may make different provision for different purposes.

(3) 10In the course of preparing such a code, the Secretary of State must
consult the Lord Advocate and such other persons as the Secretary of
State considers appropriate.

47AB Issuing of code

(1) The Secretary of State must lay before Parliament—

(a) 15a code of practice prepared under section 47AA, and

(b) a draft of an order providing for the code to come into force.

(2) The Secretary of State must make the order and issue the code if the
draft of the order is approved by a resolution of each House of
Parliament.

(3) 20The Secretary of State must not make the order or issue the code unless
the draft of the order is so approved.

(4) The Secretary of State must prepare another code of practice under
section 47AA if—

(a) the draft of the order is not so approved, and

(b) 25the Secretary of State considers that there is no realistic prospect
that it will be so approved.

(5) A code comes into force in accordance with an order under this section.

47AC Alteration or replacement of code

(1) The Secretary of State—

(a) 30must keep the search powers code under review, and

(b) may prepare an alteration to the code or a replacement code.

(2) Before preparing an alteration or a replacement code, the Secretary of
State must consult the Lord Advocate and such other persons as the
Secretary of State considers appropriate.

(3) 35Section 47AB (other than subsection (4)) applies to an alteration or a
replacement code prepared under this section as it applies to a code
prepared under section 47AA.

(4) In this section “the search powers code” means the code of practice
issued under section 47AB(2) (as altered or replaced from time to time).

47AD 40 Publication of code

(1) The Secretary of State must publish the code (and any replacement
code) issued under section 47AB(2).

(2) The Secretary of State must publish—

(a) any alteration issued under section 47AB(2), or

(b) the code or replacement code as altered by it.

47AE Effect of code

(1) A constable must have regard to the search powers code when
5exercising any powers to which the code relates.

(2) A failure on the part of a constable to act in accordance with any
provision of the search powers code does not of itself make that person
liable to criminal or civil proceedings.

(3) The search powers code is admissible in evidence in any such
10proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a
constable to have regard to the search powers code in determining a
question in any such proceedings.

(5) The references in this section to a constable include, in relation to any
15functions exercisable by a person by virtue of paragraph 15 of Schedule
4 to the Police Reform Act 2002 or paragraph 16 of Schedule 2A to the
Police (Northern Ireland) Act 2003 (search powers in specified areas or
places for community support officers), references to that person.

(6) In this section “the search powers code” means the code of practice
20issued under section 47AB(2) (as altered or replaced from time to
time).”

Stop and search powers: Northern Ireland

63 Stop and search powers in relation to Northern Ireland

Schedule 6 (which makes amendments relating to stop and search powers in
25Northern Ireland) has effect.

Part 5 Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1 Safeguarding of vulnerable groups

Restrictions on scope of regulation: England and Wales

64 30Restriction of scope of regulated activities: children

(1) Parts 1 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
(regulated activity relating to children and the period condition) are amended
as follows.

(2) In paragraph 1(1)(b) (frequency and period condition for regulated activity), at
35the beginning, insert “except in the case of activities falling within sub-
paragraph (1A),”.