SCHEDULE 9 continued PART 4 continued
Contents page 86-89 90-99 100-108 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-213 Last page
Protection of Freedoms BillPage 180
(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.”.
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.
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).”
Protection of Freedoms BillPage 181
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).”
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”.
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
Protection of Freedoms BillPage 182
(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”),”.
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).”.
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,”.
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
Protection of Freedoms BillPage 183
(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,”.
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.”
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);”.
34 The Terrorism Act 2000 (Remedial) Order 2011 is revoked.
35 The Police Act 1997 is amended as follows.
36 In section 113A (criminal record certificates) omit subsection (10).
37 In section 113B (enhanced criminal record certificates) omit subsection (13).
38
40In section 113BA(2) (suitability information relating to children) omit
paragraphs (b) to (d).
Protection of Freedoms BillPage 184
39
In section 113BB(2) (suitability information relating to vulnerable adults)
omit paragraphs (b) to (d).
40 (1) Section 119 (sources of information) is amended as follows.
(2)
In subsection (2) omit “or for the purposes of section 24 of the Safeguarding
5Vulnerable Groups Act 2006”.
(3) In subsection (8)—
(a) omit paragraph (c), and
(b)
in paragraph (d) for “that Act” substitute “the Safeguarding
Vulnerable Groups Act 2006”.
41 10In section 119B(5) (independent monitor) omit paragraphs (d) and (e).
42 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
43 In section 4(1) (appeals)—
(a) omit paragraph (a),
(b) 15in paragraph (b)—
(i) after “paragraph” insert “2,”,
(ii) after “5,” insert “8,”, and
(iii) for “that Schedule” substitute “Schedule 3”, and
(c) in paragraph (c) for “or 18” substitute “, 18 or 18A”.
44 20In section 5(4) (regulated activity)—
(a) omit “section 10(3);”, and
(b) omit “paragraph 4 of Schedule 6”.
45 In section 6(8) (regulated activity providers)—
(a)
in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or
258(1)(a), (d) or (e)” substitute “paragraph 1(9) or 7(9)”,
(b) omit paragraph (c), and
(c) in paragraph (d)—
(i)
for “paragraph (a), (b) or (f) of section 59(10)” substitute
“paragraph 7(3E)(a) or (b) of Schedule 4”, and
(ii)
30for “mentioned in that paragraph” substitute “exercisable by
virtue of that position”.
46
In section 7(5) (barred person not to engage in regulated activity) omit
paragraphs (b) and (c).
47
Omit section 8 (person not to engage in regulated activity unless subject to
35monitoring).
48
In section 9(5) (use of barred person for regulated activity) omit paragraphs
(b) and (c).
49
Omit section 10 (use of person not subject to monitoring for regulated
activity).
50
40Omit section 11 and Schedule 5 (regulated activity provider: failure to
check).
51 Omit section 12 and Schedule 6 (personnel suppliers: failure to check).
Protection of Freedoms BillPage 185
52
Omit section 13 (educational establishments: check on members of
governing body).
53 Omit section 14 (office holders: offences).
54 Omit section 15 (sections 13 and 14: checks).
55 5Omit section 16 (exception to requirement to make monitoring check).
56 Omit section 17 (NHS employment).
57 (1) Section 18 (offences: companies etc.) is amended as follows.
(2) In subsection (1)—
(a) omit “, 10, 11, 23, 27”, and
(b) 10omit “or Schedule 6”.
(3) In subsection (2)—
(a) omit “, 10, 11, 23, 27”, and
(b) omit “or Schedule 6”.
58 (1) Section 19 (offences: other persons) is amended as follows.
(2) 15Omit subsection (1).
(3) Omit subsections (3) and (4).
(4) Omit subsections (6) and (7).
(5) In subsection (8)—
(a) for “subsections (2)(b) and (3)(b)” substitute “subsection (2)(b)”, and
(b) 20omit paragraphs (b) and (c).
(6) Omit subsection (9).
59 In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).
60 In section 35 (regulated activity providers: duty to refer)—
(a) in subsection (1), omit paragraph (b), and
(b) 25omit subsection (6).
61 (1) Section 36 (personnel suppliers: duty to refer) is amended as follows.
(2) In subsection (1) omit “or controlled activity”.
(3) In subsection (3)(a) omit “or controlled”.
62
(1)
Section 37 (regulated activity providers: duty to provide information on
30request etc.) is amended as follows.
(2) In subsection (2)—
(a) omit paragraph (b), and
(b) in paragraph (d), omit “or controlled”.
(3) In subsection (4) omit “or controlled”.
(4) 35In subsection (5) omit “or controlled”.
63
In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3
for “Either of” substitute “Any of”.
Protection of Freedoms BillPage 186
64 (1) Section 50A (provision of information to the police) is amended as follows.
(2)
In subsection (2) for “power conferred by subsection (1) does” substitute
“powers conferred by this section do”.
(3) In subsection (3) for “subsection (1)” substitute “this section”.
(4)
5In the heading to section 50A, and in the italic cross-heading before it, after
“police” insert “etc.”.
65 In section 51(5) (Crown application) omit paragraph (b).
66 (1) Section 54 (devolution: alignment) is amended as follows.
(2) In subsection (2) omit paragraph (a).
(3) 10In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).
(4) In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).
(5) Omit subsection (5).
67 (1) Section 56 (devolution: Wales) is amended as follows.
(2) Omit subsection (1).
(3) 15In subsection (2)—
(a) in paragraph (a) for “45(1), (5) or (9)” substitute “45(9)”,
(b) omit paragraph (c), and
(c) in paragraphs (d) and (e), omit “or (8)”.
(4) In subsection (3)—
(a) 20omit paragraphs (b) to (f),
(b) after paragraph (f) insert—
“(fa) section 34ZA(7),”,
(c) omit paragraph (j),
(d) in paragraph (l) for “41(1), (5) or (8)” substitute “41(8)”,
(e) 25omit paragraph (n),
(f) in paragraph (r) for “7(1)(f)” substitute “7(1)(f) or (g)”, and
(g) omit paragraphs (s) and (t).
68 In section 57(1)(c) (damages) omit “prescribed”.
69 (1) Section 60 (interpretation) is amended as follows.
(2)
30In subsection (1), in paragraph (b) of the definition of “personnel supplier”,
omit “or controlled”.
(3) Omit subsection (3).
70 In section 61(3) (orders and regulations)—
(a) omit paragraphs (b) to (e),
(b) 35at the end of paragraph (h) insert “or”, and
(c) omit paragraph (j) and the word “or” before it.
71 (1) Schedule 3 (barred lists) is amended as follows.
(2) In paragraph 24, omit sub-paragraphs (8) and (9).
(3) In paragraph 25(1) after “will” insert “or (as the case may be) may”.
Protection of Freedoms BillPage 187
72 (1) Schedule 7 (vetting information) is amended as follows.
(2) In paragraph 1—
(a) for “sections 30 and 32” substitute “sections 30A and 30B”, and
(b) omit entries 3, 4, 7, 8 and 17 in the table.
(3) 5Omit paragraph 3(3).
(4)
In the heading to the Schedule for “VETTING INFORMATION” substitute
“BARRING INFORMATION”.
73 In Schedule 8 (transitional provisions) omit paragraph 5.
74
10The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.
2007/1351 (N.I.11)) is amended as follows.
75 (1) Article 2 (interpretation) is amended as follows.
(2) In the first paragraph (2)—
(a) omit the definition of “institution of further education”, and
(b)
15in the definition of “personnel supplier”, in sub-paragraph (b), omit
“or controlled”.
(3) Renumber the second paragraph (2) as paragraph (2A).
(4) Omit paragraph (3).
76 In Article 8(1) (appeals)—
(a) 20omit sub-paragraph (a),
(b) in sub-paragraph (b)—
(i) after “paragraph” insert “2,”,
(ii) after “5,” insert “8,”, and
(iii) for “that Schedule” substitute “Schedule 1”, and
(c) 25in sub-paragraph (c) for “or 18” substitute “, 18 or 18A”.
77 In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).
78 In Article 10(8) (regulated activity providers)—
(a) omit sub-paragraphs (a) and (c), and
(b) in sub-paragraph (d)—
(i)
30for “sub-paragraph (a) or (c) of Article 3(10)” substitute
“paragraph 7(3E)(a) or (c) of Schedule 2”, and
(ii)
for “mentioned in that paragraph” substitute “exercisable by
virtue of that position”.
79
In Article 11(5) (barred person not to engage in regulated activity) omit sub-
35paragraphs (b) and (c).
80
Omit Article 12 (person not to engage in regulated activity unless subject to
monitoring).
81
In Article 13(5) (use of barred person for regulated activity) omit sub-
paragraphs (b) and (c).
82
40Omit Article 14 (use of person not subject to monitoring for regulated
activity).
Protection of Freedoms BillPage 188
83
Omit Article 15 and Schedule 3 (regulated activity provider: failure to
check).
84 Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).
85
Omit Article 17 (educational establishments: check on members of
5governing body).
86 Omit Article 18 (office holders: offences).
87 Omit Article 19 (Articles 17 and 18: checks).
88 Omit Article 20 (exception to requirement to make monitoring check).
89 Omit Article 21 (HSS employment).
90 (1) 10Article 22 (offences: companies etc.) is amended as follows.
(2) In paragraph (1)—
(a) omit “, 14, 15, 27, 31”, and
(b) omit “or Schedule 4”.
(3) In paragraph (2)—
(a) 15omit “, 14, 15, 27, 31”, and
(b) omit “or Schedule 4”.
91 (1) Article 23 (offences: other persons) is amended as follows.
(2) Omit paragraph (1).
(3) Omit paragraphs (3) and (4).
(4) 20Omit paragraphs (6) and (7).
(5) In paragraph (8)—
(a) for “paragraphs (2)(b) and (3)(b)” substitute “paragraph (2)(b)”, and
(b) omit sub-paragraphs (b) and (c).
(6) Omit paragraph (9).
92 25In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).
93 In Article 37 (regulated activity providers: duty to refer)—
(a) in paragraph (1), omit sub-paragraph (b), and
(b) omit paragraph (6).
94 (1) Article 38 (personnel suppliers: duty to refer) is amended as follows.
(2) 30In paragraph (1) omit “or controlled activity”.
(3) In paragraph (3)(a) omit “or controlled”.
95
(1)
Article 39 (regulated activity providers: duty to provide information on
request etc.) is amended as follows.
(2) In paragraph (2)—
(a) 35omit sub-paragraph (b), and
(b) in sub-paragraph (d), omit “or controlled”.
(3) In paragraph (4) omit “or controlled”.
Protection of Freedoms BillPage 189
(4) In paragraph (5) omit “or controlled”.
96 (1) Article 52A (provision of information to the police) is amended as follows.
(2)
In paragraph (2) for “power conferred by paragraph (1) does” substitute
“powers conferred by this Article do”.
(3) 5In the heading to Article 52A, after “Police”, insert “etc.”.
97 In Article 53(5) (Crown application), omit sub-paragraph (b).
98 (1) Article 56 (alignment with rest of UK) is amended as follows.
(2) In paragraph (2) omit sub-paragraph (a).
(3)
In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of
10it).
(4)
In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of
it).
(5) Omit paragraph (5).
99 In Article 57(1)(c) (damages) omit “prescribed”.
100 (1) 15Schedule 1 (barred lists) is amended as follows.
(2) In paragraph 24, omit sub-paragraphs (8) and (9).
(3) In paragraph 25(1) after “will” insert “or (as the case may be) “may”.
101 (1) Schedule 5 (vetting information) is amended as follows.
(2) In paragraph 1—
(a) 20for “Articles 32 and 34” substitute “Articles 32A and 32B”, and
(b) omit entries 3, 4, 7, 8 and 17 in the table.
(3) Omit paragraph 3(3).
(4)
In the heading to the Schedule for “VETTING INFORMATION” substitute
“BARRING INFORMATION”.
102 25In Schedule 6 (transitional provisions) omit paragraph 5.
103 The Police Act 1997 is amended as follows.
104
30In section 113BC(1) (suitability information: power to amend), after
paragraph (b), insert “;
(c)
amend section 120AC(4)(b) in consequence of an order made
under paragraph (a) or (b).”
105
In section 114(3) (application of other provisions of Part 5 to an application
35under that section), for “Section 113A(3) to (6)” substitute “Sections 113A(3)
to (6), 120AC and 120AD”.