Protection of Freedoms Bill (HL Bill 128)
SCHEDULE 9 continued PART 7 continued
Contents page 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 190
106
In section 116(3) (application of other provisions of Part 5 to an application
under that section), for “and 113BA to 113BC” substitute “, 113BA to 113BC,
120AC and 120AD”.
107 (1) Section 117 (disputes about accuracy of certificates) is amended as follows.
(2)
5In the title, for “accuracy of certificates” substitute “certificates and up-date
information”.
(3) After subsection (1A) insert—
“(1B)
Where a person believes that the wrong up-date information has
been given under section 116A in relation to the person’s certificate,
10the person may make an application in writing to the Secretary of
State for corrected up-date information.”
(4) In subsection (2)—
(a)
after “inaccurate” insert “, or that the wrong up-date information has
been given,”, and
(b)
15after “new certificate” insert “or (as the case may be) corrected up-
date information”.
(5) After subsection (2) insert—
“(2A) In this section—
-
“corrected up-date information”, in relation to a certificate,
20means information which includes—(a)information that the wrong up-date information was
given in relation to the certificate on a particular date,
and(b)new up-date information in relation to the certificate,
-
25“up-date information” has the same meaning as in section
116A.”
108 (1) Section 118 (evidence of identity) is amended as follows.
(2) In subsection (1)—
(a)
after “consider” insert “an application as mentioned in section
30116A(4)(a) or (5)(a) or”, and
(b) after “117” insert “, 117A”.
(3) After subsection (3) insert—
“(3A)
The Secretary of State by notice given in writing may require a
person who has a certificate which is subject to up-date
35arrangements under section 116A to attend at a place and time
specified in the notice to provide fingerprints for the sole purpose of
enabling the Secretary of State to verify whether information in the
possession of the Secretary of State that the Secretary of State
considers may be relevant to the person’s certificate does relate to
40that person.
(3B)
If a person fails to comply with a requirement imposed under
subsection (3A), the Secretary of State by notice given in writing may
inform that person that, from a date specified in the notice, the
person’s certificate is to cease to be subject to up-date arrangements.”
(4) 45In subsection (4) after “117” insert “or 117A”.
Protection of Freedoms BillPage 191
109 (1) Section 119 (sources of information) is amended as follows.
(2)
In subsection (1A), after paragraph (a) (but before the word “or” at the end
of the paragraph) insert—
“(aa) the provision of up-date information under section 116A;”.
(3)
5In subsection (1B), for the words from “determining” to the end substitute
“deciding whether to make a request to that chief officer under section
113B(4)”.
(4) After subsection (2) insert—
“(2A)
Where, in connection with the provision of up-date information
10under section 116A, the chief officer of a police force receives a
request for information of the kind mentioned in section 113B(4), the
chief officer of police must comply with it as soon as practicable.”
(5) In subsection (4), at the end of paragraph (a), after “registration;” insert—
“(aa) any application as mentioned in section 116A(4)(a) or (5)(a);”.
(6) 15In subsection (8), at the end of paragraph (a), insert—
“(aa)
under this Part in relation to any request under section
116A(1);”.
110 (1) Section 119B (independent monitor) is amended as follows.
(2) Omit subsection (5)(a).
(3) 20In subsection (5)(c), omit the words from “or disclosed” to the end.
(4) After subsection (5)(c) insert—
“(ca)
a sample of cases in which the chief officer of a police force
has decided that information should be disclosed or not
disclosed to the Secretary of State for the purpose of the
25provision by the Secretary of State of up-date information
under section 116A.”
(5) After subsection (8) insert—
“(8A)
The independent monitor has the functions conferred on the monitor
by section 117A.”
(6) 30In subsection (9) after “section” insert “or section 117A”.
111 (1) Section 120 (registered persons) is amended as follows.
(2) In subsection (2)—
(a)
for the words from the beginning to “the”, where it first occurs,
substitute “The”,
(b) 35after paragraph (a) insert “and”, and
(c) omit paragraph (c) and the word “and” before it.
(3) After that subsection insert—
“(2A) Subsection (2) is subject to—
(a) regulations under section 120ZA,
(b) 40section 120A, and
(c) section 120AA and regulations made under that section.”
Protection of Freedoms BillPage 192
112 After section 122(1) (code of practice) insert—
“(1A)
The reference in subsection (1) to the use of information provided to
registered persons under this Part includes a reference to the use of
information provided in accordance with section 116A(1) to relevant
5persons (within the meaning of that section) who are not registered
persons under this Part.”
113
Omit section 122(3A)(a) (power of Secretary of State to refuse to issue
certificate where failure to comply with code of practice by, or in connection
with, registered person).
114 (1) 10Section 124 (offences: disclosure) is amended as follows.
(2) In subsection (4)—
(a) in paragraph (b), omit “(5) or”, and
(b) for “subsections (5) and (6)” substitute “subsection (6)”.
(3) Omit subsection (5).
115
(1)
15Section 124A (offences relating to disclosure of information obtained in
connection with delegated function) is amended as follows.
(2) In subsection (1)(c) omit “or registered person”.
(3) After subsection (6) insert—
“(6A)
For the purposes of this section the reference to an applicant includes
20a person who makes a request under section 116A(1), 120AC(1) or
120AD(2).”
116 After section 125B(2) (form of applications) insert—
“(3)
In this section “application” includes a request under section
116A(1), 120AC(1) or 120AD(2).”
117
25In section 126(1) (interpretation of Part 5), in the definition of “certificate”,
after “application” insert “but does not include any documents issued in
response to—
(a) a request under section 116A(1),
(b) an application as mentioned in section 116A(4)(a) or (5)(a), or
(c) 30a request under section 120AC or 120AD.”
Gambling Act 2005
118
In section 73(3) of the Gambling Act 2005 (procedure on consideration of
application for licence)—
(a) for “section 115” substitute “section 113B”, and
(b)
35at the end (and on a new line below paragraph (b)) insert “or the
production of up-date information (within the meaning given by
section 116A of that Act) in relation to such a certificate,”.
National Health Service Act 2006
119 The National Health Service Act 2006 is amended as follows.
120
40In section 129(6) (regulations as to pharmaceutical services), in paragraph (i),
for the words from “section 113” to the end of the paragraph substitute
Protection of Freedoms BillPage 193
“section 113A of that Act, an enhanced criminal record certificate under
section 113B of that Act or up-date information within the meaning given by
section 116A of that Act,”.
121
In section 132(4) (persons authorised to provide pharmaceutical services), in
5paragraph (c), for the words from “section 113” to the end of the paragraph
substitute “section 113A of that Act, an enhanced criminal record certificate
under section 113B of that Act or up-date information within the meaning
given by section 116A of that Act,”.
122
In section 147A(3) (performers of pharmaceutical services and assistants), in
10paragraph (i), for the words from “section 113” to the end of the paragraph
substitute “section 113A of that Act, an enhanced criminal record certificate
under section 113B of that Act or up-date information within the meaning
given by section 116A of that Act,”.
National Health Service (Wales) Act 2006
123 15The National Health Service (Wales) Act 2006 is amended as follows.
124
In section 72(3) (regulations as to general ophthalmic services), in paragraph
(c), for the words from “section 113” to the end of the paragraph substitute
“section 113A of that Act, an enhanced criminal record certificate under
section 113B of that Act or up-date information within the meaning given by
20section 116A of that Act,”.
125
In section 83(6) (regulations as to pharmaceutical services), in paragraph (i),
for the words from “section 113” to the end of the paragraph substitute
“section 113A of that Act, an enhanced criminal record certificate under
section 113B of that Act or up-date information within the meaning given by
25section 116A of that Act,”.
126
In section 86(4) (persons authorised to provide pharmaceutical services), in
paragraph (c), for the words from “section 113” to the end of the paragraph
substitute “section 113A of that Act, an enhanced criminal record certificate
under section 113B of that Act or up-date information within the meaning
30given by section 116A of that Act,”.
127
In section 105(3) (supplementary lists), in paragraph (g), for the words from
“section 113” to the end of the paragraph substitute “section 113A of that
Act, an enhanced criminal record certificate under section 113B of that Act
or up-date information within the meaning given by section 116A of that
35Act,”.
Safeguarding Vulnerable Groups Act 2006
128
(1)
Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006
(barred lists: information) is amended as follows.
(2)
In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute
40“relevant chief officer”.
(3) In sub-paragraph (3) after “which the” insert “relevant”.
(4)
In sub-paragraph (5) for “chief officer of the relevant police force” substitute
“relevant chief officer”.
Protection of Freedoms BillPage 194
(5) In sub-paragraph (7) for the definition of “relevant police force” substitute—
-
““the relevant chief officer” means any chief officer of a police
force who is identified by the Secretary of State for the
purposes of this paragraph;”.
(6) 5After sub-paragraph (7) insert—
“(7A)
Subsections (10) and (11) of section 113B of the Police Act 1997
apply for the purposes of the definition of “the relevant chief
officer” as they apply for the purposes of that section.”
(7)
In sub-paragraph (8) for “which police forces are relevant police forces”
10substitute “who is the relevant chief officer”.
Part 8 The Disclosure and Barring Service
Parliamentary Commissioner Act 1967
129
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
15subject to investigation) insert at the appropriate place—
-
“Disclosure and Barring Service.”
House of Commons Disqualification Act 1975
130
(1)
Schedule 1 to the House of Commons 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.”
25Northern Ireland Assembly Disqualification Act 1975
131
(1)
Schedule 1 to the Northern Ireland Assembly 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—
-
30“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.”
Freedom of Information Act 2000
132
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
35bodies and offices: general) insert at the appropriate place—
-
“The Disclosure and Barring Service.”
Protection of Freedoms BillPage 195
Part 9 Disregarding certain convictions for buggery etc.
Rehabilitation of Offenders Act 1974
133
(1)
Section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons
5and spent convictions) is amended as follows.
(2) In subsection (1) for “subsection (2)” substitute “subsections (2), (5) and (6)”.
(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
10Freedoms Act 2012.
(6)
Accordingly, references in this Act to a conviction or caution do not
include references to any such disregarded conviction or caution.”
Police Act 1997
134
In section 113A(6) of the Police Act 1997 (criminal record certificates), in
15paragraph (b) of the definition of “relevant matter”, after “that Act” insert
“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
20Children and Young Persons Act 1933
135
In 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”
25substitute “59A”, and
(b) after 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
30offence.”
Police and Criminal Evidence Act 1984
136
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”.
35Proceeds of Crime Act 2002
137
In 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”.
Protection of Freedoms BillPage 196
Criminal Justice Act 2003
138
In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of
dangerous offenders: specified sexual offences), after paragraph 143,
insert—
“143A
5An offence under section 59A of that Act (trafficking for sexual
exploitation).”
Sexual Offences Act 2003
139 (1) The Sexual Offences Act 2003 is amended as follows.
(2)
In section 60A (trafficking for sexual exploitation: forfeiture of land vehicle,
10ship or aircraft), in each of subsections (1) and (5), for “sections 57 to 59”
substitute “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)
15In Schedule 5 (relevant offences for the purposes of notification and orders),
in paragraph 63, for “59” substitute “59A”.
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
140
(1)
The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is
amended as follows.
(2) 20In section 5 (section 4: supplemental)—
(a)
in 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
25“59A”.
Serious Crime Act 2007
141
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 30Repeal of provisions for conducting certain fraud cases without jury
Criminal Justice Act 2003
142 (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) 35in the heading, for “sections 43 and” substitute “section”,
(b)
in 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”.
Protection of Freedoms BillPage 197
(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) Omit section 330(5)(b) (procedure for order bringing section 43 into force).
Section 113(2)
SCHEDULE 10 5Repeals and revocations
Part 1 Destruction, retention and use of fingerprints etc.
| Short title | Extent of repeal |
|---|---|
| Police and Criminal Evidence Act 1984 |
Section 64. 10 |
| Criminal Justice Act 1988 | Section 148. |
| Criminal Justice and Public Order Act 1994 |
Section 57. |
| Police Act 1996 | In Part 2 of Schedule 7, paragraph 37. |
| Terrorism Act 2000 | 15 In Schedule 8— (a)
paragraph 14, (b)
in paragraph 20, in sub-paragraph (3), (c)
paragraph 20(4) |
| Criminal Justice and Police Act 2001 |
Section 82. |
| 25Section 84. | |
| Serious Organised Crime and Police Act 2005 |
Section 117(6) to (10). |
| Section 118(4). | |
| Counter-Terrorism Act 2008 | Section 14(4) to (6). |
| 30Section 16. | |
| Section 17. | |
| Crime and Security Act 2010 | Section 14. |
| Sections 16 to 19. | |
| Sections 21 to 23. | |
| 35Section 58(4) and (6) to (8). |
Part 2 Powers of entry
| 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. |
|
| Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642) |
40Article 22. |
| Hypnotism Act 1952 | Section 4. |
Protection of Freedoms BillPage 198
| 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. |
|
| Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642) |
In regulation 2(1), the definition of “authorised officer”. 5 |
| Regulation 5. | |
| Regulation 7(b) and the word “or” before it. | |
| Public Health (Control of Disease) Act 1984 |
Section 50. |
| Milk (Cessation of Production) Act 1985 |
10Section 2(1). |
| Section 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. 15 |
| In 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 20measure”. |
| Regulations 5, 6, 9 and 10. | |
| Merchant Shipping Act 1995 | Section 258(4). |
| Gas Appliances (Safety) Regulations 1995 (S.I. 1995/ 1629) |
Regulation 24(6). 25 |
| Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522) |
Regulation 5. |
| Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (S.I. 2006/ 2821) |
Regulation 6. 30 |
| Health and Social Care Act 2008 | In Schedule 11, paragraph 9. |
| Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660) |
35In Schedule 2, paragraph 2(2)(a), (b) and (c). |
| Payment Services Regulations 2009 (S.I. 2009/209) |
Regulation 83. |
2
40The revocations in the Cross-border Railway Services (Working Time)
Regulations 2008 extend to England and Wales and Scotland only.
Protection of Freedoms BillPage 199
3
The 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) 5the Gas Appliances (Safety) Regulations 1995,
(d) the Older Cattle (Disposal) (England) Regulations 2005,
(e)
the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers)
(England) Regulations 2006, and
(f) the Payment Services Regulations 2009.
4
10The repeal of section 258(4) of the Merchant Shipping Act 1995 is subject to
paragraph 2(2) of Schedule 2 to this Act.
Part 3 Vehicles left on land
| Short title | Extent of repeal or revocation |
|---|---|
| Airports Act 1986 | 15In section 66(3), paragraph (b) (but not the word “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. |
20In section 4A(2)— (a)
paragraph (a), (b)
paragraph (b) and the word “or” at the (c)
in paragraph (c), the word “other”. |
|
| 25Section 6. | |
| Section 22A. | |
| In section 24(4), the words from “(except” to “or 22A)”. |
|
| In section 25(1), the definition of “motor 30vehicle”. |
|
| In 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) |
35The whole instrument. |
| Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831) |
Articles 3 and 4. 40 |
| Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201) |
Articles 3 and 4. 45 |
Protection of Freedoms BillPage 200
| Short title | Extent of repeal or revocation |
|---|---|
| Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043) |
Articles 3 and 4. 5 |
| Crime and Security Act 2010 | Section 42(3). |
| Section 44. | |
| In Schedule 1, paragraphs 3(5) and 7. |
Protection of Freedoms BillPage 201
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 (c)
in paragraph 36(4), the words from “but” (d)
15in paragraph 36(5), the words “or senior (e)
paragraph 36(7), and (f)
in paragraph 37(2), the words “or senior 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. |
Protection of Freedoms BillPage 202
Part 5 Safeguarding of vulnerable groups
| Short title | Extent of repeal or revocation |
|---|---|
| Police Act 1997 | Section 113A(10). |
| 5Section 113B(13). | |
| Section 113BA(2)(b) to (d). | |
| Section 113BB(2)(b) to (d). | |
In section 119— (a)
10in subsection (2), the words “or for the (b)
subsection (8)(c). 15 |
|
| Section 119B(5)(d) and (e). | |
| Safeguarding Vulnerable Groups Act 2006 |
Section 4(1)(a). |
20In 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). | |
| 25Section 8. | |
| Section 9(5)(b) and (c). | |
| Sections 10 to 17. | |
In section 18(1) and (2)— (a)
30the words “, 10, 11, 23, 27”, and (b)
the words “or Schedule 6”. |
|
In section 19— (a)
35subsections (1), (3), (4), (6) and (7), (b)
subsection (8)(b) and (c), and (c)
subsection (9). |
|
| Section 20(2) to (7). | |
| 40Sections 21 to 27. | |
In section 35— (a)
subsection (1)(b), and (b)
subsection (6). 45 |
|
In section 36— (a)
in subsection (1), the words “or (b)
50in subsection (3)(a), the words “or |
|
In section 37— (a)
55subsection (2)(b), (b)
in subsection (2)(d), the words “or (c)
in subsections (4) and (5), the words “or 60 |
|
In section 39— (a)
in subsections (1) and (5), the word (b)
65in subsection (4)(a), the words “or |
Protection of Freedoms BillPage 203
| Short title | Extent of repeal or revocation |
|---|---|
| Safeguarding Vulnerable Groups Act 2006—cont. |
In section 41— (a)
in subsections (1) and (5), the word (b)
in subsection (4)(a), the words “or |
| 10In section 43(6)(a), the words “of entry 1 or 8”. | |
| Section 44. | |
In section 45— (a)
in subsections (1) and (5), the word (b)
in subsection (4)(a), the words “or (c)
subsection (6). |
|
| 20 In section 47— (a)
subsection (2)(b) to (e), (b)
subsection (3)(b) to (e), and (c)
subsection (5). 25 |
|
In section 48(1)— (a)
in paragraph (a), the word “newly”, and (b)
paragraph (c) and the word “or” before |
|
In section 49(1)— (a)
in paragraph (a), the word “newly”, and (b)
35paragraph (c) and the word “or” before |
|
| Section 51(5)(b). | |
40In section 54— (a)
subsection (2)(a), (b)
in subsection (3), paragraph (b) (but not (c)
in subsection (4), paragraph (b) (but not (d)
subsection (5). |
|
In section 56— (a)
50subsection (1), (b)
subsection (2)(c), (c)
in subsection (2)(d) and (e), the words (d)
subsection (3)(b) to (f), (j), (n), (s) and (t). 55 |
|
| In section 57(1)(c), the word “prescribed”. | |
| Section 59. | |
In section 60— (a)
60in subsection (1), in paragraph (b) of the (b)
subsection (3). |
|
| 65 In section 61(3)— (a)
paragraphs (b) to (e), and (b)
paragraph (j) and the word “or” before 70 |
Protection of Freedoms BillPage 204
| Short title | Extent of repeal or revocation |
|---|---|
| Safeguarding Vulnerable Groups Act 2006—cont. |
In Schedule 3— (a)
paragraph 19(1)(d), (b)
5in paragraph 19(6) the words from (c)
paragraph 24(8) and (9). 10 |
In Schedule 4— (a)
paragraph 1(8), (b)
paragraph 1(9B)(a), (c)
15in paragraph 1(9B)(f), the words “18B (d)
in paragraph 1(9B)(m), the words “48 (e)
paragraph 1(9B)(p) to (t), (f)
20paragraph 1(10)(a), (ba), (d) and (e), (g)
paragraph 1(12A), (h)
paragraph 1(13A), (i)
paragraph 2(1)(d) and (2)(d), (j)
paragraph 3(1)(c), (k)
25paragraph 4 (including the italic cross- (l)
paragraph 7(4), (m)
in paragraph 7(5), the words “or (4)”, (n)
in paragraph 7(7)(f), the words “English (o)
paragraph 7(8A), (p)
paragraph 8, and (q)
in paragraph 10(2), the words “or 7(1)(a), |
|
| Schedules 5 and 6. | |
In Schedule 7— (a)
40in paragraph 1, entries 3, 4, 7, 8, 17 and (b)
in paragraph 3(1), paragraph (b) and the (c)
paragraph 3(3). 45 |
|
| In Schedule 8, paragraph 5 (including the italic cross-heading before it). |
|
| In Schedule 9, paragraph 14(7)(c). | |
| Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I.11)) |
50In Article 2— (a)
in the first paragraph (2), the definition (b)
paragraph (3). 60 |
| Article 3. |
Protection of Freedoms BillPage 205
| Short title | Extent of repeal or revocation |
|---|---|
| Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I.11))—cont. |
Article 8(1)(a). 5 |
| Article 9(4)(c) and (e). | |
| Article 10(8)(a) and (c). | |
| Article 11(5)(b) and (c). | |
| Article 12. | |
| 10Article 13(5)(b) and (c). | |
| Articles 14 to 21. | |
In Article 22(1) and (2)— (a)
the words “, 14, 15, 27, 31” and (b)
15the words “or Schedule 4”. |
|
Article 23— (a)
paragraphs (1), (3), (4), (6) and (7), (b)
20paragraph (8)(b) and (c), and (c)
paragraph (9). |
|
| Article 24(2) to (7). | |
| Articles 25 to 27 (and the italic cross-heading 25before them). |
|
| Articles 28 to 31 (and the italic cross-heading before them). |
|
In Article 37— (a)
30paragraph (1)(b), and (b)
paragraph (6). |
|
In Article 38— (a)
35in paragraph (1), the words “or (b)
in paragraph (3)(a), the words “or |
|
| 40 In Article 39— (a)
paragraph (2)(b), (b)
in paragraph (2)(d), the words “or (c)
45in paragraphs (4) and (5), the words “or |
|
In Article 41— (a)
50in paragraphs (1) and (5), the word (b)
in paragraph (4)(a), the words “or |
|
| 55 In Article 43— (a)
in paragraphs (1) and (5), the word (b)
in paragraph (4)(a), the words “or (c)
paragraphs (4A) to (4C). |
|
| Article 46. | |
65In Article 47— (a)
in paragraphs (1) and (5), the word (b)
in paragraph (4)(a), the words “or (c)
70paragraph (6). |
Protection of Freedoms BillPage 206
| Short title | Extent of repeal or revocation |
|---|---|
| Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I.11))—cont. |
In Article 49— (a)
paragraph (2)(b) to (e), (b)
5paragraph (3)(b) to (e), and (c)
paragraph (5). 10 |
In Article 50(1)— (a)
in sub-paragraph (a), the word “newly”, (b)
15sub-paragraph (c) and the word “or” |
|
In Article 51(1)— (a)
in sub-paragraph (a), the word “newly”, (b)
sub-paragraph (c) and the word “or” |
|
| Article 53(5)(b). | |
| 25 In Article 56— (a)
paragraph (2)(a), (b)
in paragraph (3), sub-paragraph (b) (but (c)
30in paragraph (4), sub-paragraph (b) (but (d)
paragraph (5). |
|
| In Article 57(1)(c), the word “prescribed”. | |
| 35 In Schedule 1— (a)
paragraph 19(1)(d), (b)
in paragraph 19(6), the words from (c)
paragraph 24(8) and (9). |
|
In Schedule 2— (a)
45paragraph 1(7), (b)
paragraph 2(1)(d) and (2)(d), (c)
paragraph 4, (d)
paragraph 7(4), (e)
in paragraph 7(5), the word “, (4)”, (f)
50paragraph 7(9), (g)
paragraph 8, and (h)
in paragraph 10(2), the words “or 7(1)(a), |
|
| Schedules 3 and 4. | |
In Schedule 5— (a)
60in paragraph 1, entries 3, 4, 7, 8, 17 and (b)
in paragraph 3(1), paragraph (b) and the (c)
paragraph 3(3). 65 |
|
| In Schedule 6, paragraph 5 (including the italic cross-heading before it). |
Protection of Freedoms BillPage 207
| Short title | Extent of repeal or revocation |
|---|---|
| Health and Social Care Act 2008 | In Schedule 5, paragraphs 92 and 93. |
| Education and Skills Act 2008 | Section 147(8). |
| In Schedule 1, paragraphs 41(3) and 89 5(including the italic cross-heading before paragraph 89). |
|
| The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912) |
In Schedule 1, paragraph 21. 10 |
| Health Act 2009Apprenticeships, Skills, Children and Learning Act 2009 |
In Schedule 1, paragraphs 14 and 15. |
| In Schedule 12, paragraph 43. | |
| Policing and Crime Act 2009 | 15 In section 81(3)(m)— (a)
in sub-paragraph (i), the words “, 6, 15, (b)
sub-paragraph (v), and (c)
20sub-paragraph (vi) (but not the word |
| Sections 82 to 87. | |
| Sections 89, 90 and 92. | |
| 25In 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) |
Articles 12 to 15. 30 |
| The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182) |
Article 1(6)(e). 35 |
| In Schedule 5, paragraph 9 (and the heading before 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. | |
| 45Articles 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. 50 |
| The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 305/2009) |
Article 7(4). 55 |
Protection of Freedoms BillPage 208
| 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 |
| Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146). |
Regulation 4(2). 10 |
| Regulation 8. | |
| The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154) |
Article 3(5) and (6). 15 |
| 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) |
20In Schedule 2, paragraph 62 (and the heading before it). |
| Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 30/2010) |
25Articles 6, 9, 11, 14, 16, 17, 18, 19, 20 and 21. 30 |
| Article 22(a) and the word “and” at the end of it. | |
| Article 24. |
Protection of Freedoms BillPage 209
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 (b)
subsections (5) and (6), and (c)
10in subsection (9), the definition of |
|
In section 119B— (a)
subsection (5)(a), and (b)
15in subsection (5)(c), the words from “or |
|
| 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”, (b)
25subsection (5). |
Protection of Freedoms BillPage 210
| Short title | Extent of repeal |
|---|---|
| Police Act 1997—cont. | In section 124A(1)(c), the words “or registered person”. |
| Safeguarding Vulnerable Groups Act 2006 |
In Schedule 9, paragraph 14(5) and (6). 5 |
| Policing and Crime Act 2009 | Section 93. |
Protection of Freedoms BillPage 211
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”. |
Protection of Freedoms BillPage 212
| Short title | Extent of repeal |
|---|---|
| Asylum and Immigration (Treatment of Claimants, etc) Act 2004—cont. |
In section 5— (a)
subsection (1), (b)
5in subsection (11), the words “In so far as (c)
subsections (12) and (13). 10 |
| UK Borders Act 2007 | Section 31. |
Protection of Freedoms BillPage 213
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 (b)
in subsections (5) and (9), the words “43 |
|
| 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). |