Protection of Freedoms Bill (HL Bill 128)

this section; and the duties which apply to the Secretary of State under this
section in relation to an order under this section apply accordingly in relation
to an order under section 113(1) of that Act.

(7) An order under this section is to be made by statutory instrument.

(8) 5A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

(9) In this section—

• “the commencement day” means the day on which section 1 comes into
  force,

• 10“PACE material” means material that would have been material to which
  section 63D or 63R of the Police and Criminal Evidence Act 1984
  applied if those provisions had been in force when it was taken or
  derived.

CHAPTER 2 Protection of biometric information of children in schools etc.

26 15Requirement to notify and obtain consent before processing biometric
information

(1) This section applies in relation to any processing of a child’s biometric
information by or on behalf of the relevant authority of—

(a) a school,

(b) 20a 16 to 19 Academy, or

(c) a further education institution.

(2) Before the first processing of a child’s biometric information on or after the
coming into force of subsection (3), the relevant authority must notify each
parent of the child—

(a) 25of its intention to process the child’s biometric information, and

(b) that the parent may object at any time to the processing of the
information.

(3) The relevant authority must ensure that a child’s biometric information is not
processed unless—

(a) 30at least one parent of the child consents to the information being
processed, and

(b) no parent of the child has withdrawn his or her consent, or otherwise
objected, to the information being processed.

(4) Section 27 makes further provision about the requirement to notify parents and
35the obtaining and withdrawal of consent (including when notification and
consent are not required).

(5) But if, at any time, the child—

(a) refuses to participate in, or continue to participate in, anything that
involves the processing of the child’s biometric information, or

(b) 40otherwise objects to the processing of that information,

the relevant authority must ensure that the information is not processed,
irrespective of any consent given by a parent of the child under subsection (3).

(6) Subsection (7) applies in relation to any child whose biometric information, by
virtue of this section, may not be processed.

(7) The relevant authority must ensure that reasonable alternative means are
available by which the child may do, or be subject to, anything which the child
5would have been able to do, or be subject to, had the child’s biometric
information been processed.

27 Exceptions and further provision about consent and notification

(1) For the purposes of section 26(2) and (3), the relevant authority is not required
to notify a parent, or obtain the consent of a parent, if the relevant authority is
10satisfied that—

(a) the parent cannot be found,

(b) the parent lacks capacity (within the meaning of the Mental Capacity
Act 2005) to object or (as the case may be) consent to the processing of
the child’s biometric information,

(c) 15the welfare of the child requires that the parent is not contacted, or

(d) it is otherwise not reasonably practicable to notify the parent or (as the
case may be) obtain the consent of the parent.

(2) A notification under section 26(2) must be given in writing, and any objection
to the processing of a child’s biometric information must be made in writing.

(3) 20Consent under section 26(3) may be withdrawn at any time.

(4) Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in
writing.

(5) Section 26 and this section are in addition to the requirements of the Data
Protection Act 1998.

28 25Interpretation: Chapter 2

(1) In this Chapter—

• “biometric information” is to be read in accordance with subsections (2) to
  (4),

• “child” means a person under the age of 18,

• 30“further education institution” means an institution within the further
  education sector (within the meaning given by section 91(3)(a) to (c) of
  the Further and Higher Education Act 1992),

• “parent” is to be read in accordance with subsections (5) to (8),

• “parental responsibility” is to be read in accordance with the Children Act
  351989,

• “processing” has the meaning given by section 1(1) of the Data Protection
  Act 1998,

• “proprietor”, in relation to a school or 16 to 19 Academy, has the meaning
  given by section 579(1) of the Education Act 1996, subject to the
  40modification in subsection (9),

• “relevant authority” means—

  (a)

  in relation to a school, the proprietor of the school,

  (b)

  in relation to a 16 to 19 Academy, the proprietor of the
  Academy,

  Protection of Freedoms BillPage 22

  (c)

  in relation to a further education institution, the governing
  body of the institution (within the meaning given by
  paragraphs (a), (c) and (d) of the definition of “governing body”
  in section 90(1) of the Further and Higher Education Act 1992),

• 5“school” has the meaning given by section 4 of the Education Act 1996,
  subject to the modification in subsection (10),

• “16 to 19 Academy” has the meaning given by section 1B of the Academies
  Act 2010.

(2) “Biometric information” means information about a person’s physical or
10behavioural characteristics or features which—

(a) is capable of being used in order to establish or verify the identity of the
person, and

(b) is obtained or recorded with the intention that it be used for the
purposes of a biometric recognition system.

(3) 15Biometric information may, in particular, include—

(a) information about the skin pattern and other physical characteristics or
features of a person’s fingers or palms,

(b) information about the features of an iris or any other part of the eye,
and

(c) 20information about a person’s voice or handwriting.

(4) In subsection (2) “biometric recognition system” means a system which, by
means of equipment operating automatically—

(a) obtains or records information about a person’s physical or
behavioural characteristics or features, and

(b) 25compares the information with stored information that has previously
been so obtained or recorded, or otherwise processes the information,
for the purpose of establishing or verifying the identity of the person,
or otherwise determining whether the person is recognised by the
system.

(5) 30“Parent” means a parent of the child and any individual who is not a parent of
the child but who has parental responsibility for the child.

(6) In a case where the relevant authority is satisfied that, by virtue of section 27(1),
there is no person falling within subsection (5) who must be notified or whose
consent is required, “parent” is to be read as including each individual who has
35care of the child, but this is subject to subsections (7) and (8).

(7) In a case to which subsection (6) applies where the child is looked after by a
local authority (within the meaning given by section 22(1) of the Children Act
1989), “parent” is to be read as meaning the local authority looking after the
child.

(8) 40In a case to which subsection (6) applies where the child is not looked after by
a local authority (within the meaning given by section 22(1) of the Children Act
1989) but a voluntary organisation has provided accommodation for the child
in accordance with section 59(1) of that Act by—

(a) placing the child with a foster parent, or

(b) 45maintaining the child in a children’s home,

“parent” is to be read as meaning the voluntary organisation that so placed or
maintains the child.

(9) A reference to the proprietor of a school is to be read, in relation to a pupil
referral unit for which there is a management committee established by virtue
of paragraph 15 of Schedule 1 to the Education Act 1996, as a reference to that
committee; and for this purpose “pupil referral unit” has the meaning given by
5section 19(2) of that Act.

(10) A reference to a school is to be read as if it included a reference to any
independent educational institution (within the meaning given by section 92 of
the Education and Skills Act 2008).

Part 2 10Regulation of surveillance

CHAPTER 1 Regulation of CCTV and other surveillance camera technology

Code of practice

29 Code of practice for surveillance camera systems

(1) The Secretary of State must prepare a code of practice containing guidance
15about surveillance camera systems.

(2) Such a code must contain guidance about one or more of the following—

(a) the development or use of surveillance camera systems,

(b) the use or processing of images or other information obtained by virtue
of such systems.

(3) 20Such a code may, in particular, include provision about—

(a) considerations as to whether to use surveillance camera systems,

(b) types of systems or apparatus,

(c) technical standards for systems or apparatus,

(d) locations for systems or apparatus,

(e) 25the publication of information about systems or apparatus,

(f) standards applicable to persons using or maintaining systems or
apparatus,

(g) standards applicable to persons using or processing information
obtained by virtue of systems,

(h) 30access to, or disclosure of, information so obtained,

(i) procedures for complaints or consultation.

(4) Such a code—

(a) need not contain provision about every type of surveillance camera
system,

(b) 35may make different provision for different purposes.

(5) In the course of preparing such a code, the Secretary of State must consult—

(a) such persons appearing to the Secretary of State to be representative of
the views of persons who are, or are likely to be, subject to the duty
under section 33(1) (duty to have regard to the code) as the Secretary of
40State considers appropriate,

(b) the Association of Chief Police Officers,

(c) the Information Commissioner,

(d) the Chief Surveillance Commissioner,

(e) the Surveillance Camera Commissioner,

(f) the Welsh Ministers, and

(g) 5such other persons as the Secretary of State considers appropriate.

(6) In this Chapter “surveillance camera systems” means—

(a) closed circuit television or automatic number plate recognition
systems,

(b) any other systems for recording or viewing visual images for
10surveillance purposes,

(c) any systems for storing, receiving, transmitting, processing or checking
images or information obtained by systems falling within paragraph (a)
or (b), or

(d) any other systems associated with, or otherwise connected with,
15systems falling within paragraph (a), (b) or (c).

(7) In this section—

• “the Chief Surveillance Commissioner” means the Chief Commissioner
  appointed under section 91(1) of the Police Act 1997,

• “processing” has the meaning given by section 1(1) of the Data Protection
  20Act 1998.

Procedural requirements

30 Issuing of code

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

(a) a code of practice prepared under section 29, and

(b) 25a 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) The Secretary of State must not make the order or issue the code unless the
draft of the order is so approved.

(4) 30The Secretary of State must prepare another code of practice under section 29
if—

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

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

(5) 35A code comes into force in accordance with an order under this section.

(6) Such an order—

(a) is to be a statutory instrument, and

(b) may contain transitional, transitory or saving provision.

(7) If a draft of an instrument containing an order under this section would, apart
40from this subsection, be treated as a hybrid instrument for the purposes of the
standing orders of either House of Parliament, it is to proceed in that House as
if it were not a hybrid instrument.

31 Alteration or replacement of code

(1) The Secretary of State—

(a) must keep the surveillance camera code under review, and

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

(2) 5Before preparing an alteration or a replacement code, the Secretary of State
must consult the persons mentioned in section 29(5).

(3) The Secretary of State must lay before Parliament an alteration or a
replacement code prepared under this section.

(4) If, within the 40-day period, either House of Parliament resolves not to
10approve the alteration or the replacement code, the Secretary of State must not
issue the alteration or code.

(5) If no such resolution is made within that period, the Secretary of State must
issue the alteration or replacement code.

(6) The alteration or replacement code—

(a) 15comes into force when issued, and

(b) may include transitional, transitory or saving provision.

(7) Subsection (4) does not prevent the Secretary of State from laying a new
alteration or replacement code before Parliament.

(8) In this section “the 40-day period” means the period of 40 days beginning with
20the day on which the alteration or replacement code is laid before Parliament
(or, if it is not laid before each House of Parliament on the same day, the later
of the two days on which it is laid).

(9) In calculating the 40-day period, no account is to be taken of any period during
which Parliament is dissolved or prorogued or during which both Houses are
25adjourned for more than four days.

(10) In this Chapter “the surveillance camera code” means the code of practice
issued under section 30(2) (as altered or replaced from time to time).

32 Publication of code

(1) The Secretary of State must publish the code issued under section 30(2).

(2) 30The Secretary of State must publish any replacement code issued under section
31(5).

(3) The Secretary of State must publish—

(a) any alteration issued under section 31(5), or

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

35Enforcement and Commissioner

33 Effect of code

(1) A relevant authority must have regard to the surveillance camera code when
exercising any functions to which the code relates.

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

(3) The surveillance camera code is admissible in evidence in any such
5proceedings.

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

(5) In this section “relevant authority” means—

(a) 10a local authority within the meaning of the Local Government Act 1972,

(b) the Greater London Authority,

(c) the Common Council of the City of London in its capacity as a local
authority,

(d) the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
15Middle Temple, in their capacity as a local authority,

(e) the Council of the Isles of Scilly,

(f) a parish meeting constituted under section 13 of the Local Government
Act 1972,

(g) a police and crime commissioner,

(h) 20the Mayor’s Office for Policing and Crime,

(i) the Common Council of the City of London in its capacity as a police
authority,

(j) any chief officer of a police force in England and Wales,

(k) any person specified or described by the Secretary of State in an order
25made by statutory instrument.

(6) An order under subsection (5) may, in particular—

(a) restrict the specification or description of a person to that of the person
when acting in a specified capacity or exercising specified or described
functions,

(b) 30contain transitional, transitory or saving provision.

(7) So far as an order under subsection (5) contains a restriction of the kind
mentioned in subsection (6)(a) in relation to a person, the duty in subsection (1)
applies only to the person in that capacity or (as the case may be) only in
relation to those functions.

(8) 35Before making an order under subsection (5) in relation to any person or
description of persons, the Secretary of State must consult—

(a) such persons appearing to the Secretary of State to be representative of
the views of the person or persons in relation to whom the order may
be made as the Secretary of State considers appropriate,

(b) 40the Association of Chief Police Officers,

(c) the Information Commissioner,

(d) the Chief Surveillance Commissioner,

(e) the Surveillance Camera Commissioner,

(f) the Welsh Ministers, and

(g) 45such other persons as the Secretary of State considers appropriate.

(9) No instrument containing an order under subsection (5) is to be made unless a
draft of it has been laid before, and approved by a resolution of, each House of
Parliament.

(10) If a draft of an instrument containing an order under subsection (5) would,
5apart from this subsection, be treated as a hybrid instrument for the purposes
of the standing orders of either House of Parliament, it is to proceed in that
House as if it were not a hybrid instrument.

34 Commissioner in relation to code

(1) The Secretary of State must appoint a person as the Surveillance Camera
10Commissioner (in this Chapter “the Commissioner”).

(2) The Commissioner is to have the following functions—

(a) encouraging compliance with the surveillance camera code,

(b) reviewing the operation of the code, and

(c) providing advice about the code (including changes to it or breaches of
15it).

(3) The Commissioner is to hold office in accordance with the terms of the
Commissioner’s appointment; and the Secretary of State may pay in respect of
the Commissioner any expenses, remuneration or allowances that the
Secretary of State may determine.

(4) 20The Secretary of State may, after consultation with the Commissioner, provide
the Commissioner with—

(a) such staff, and

(b) such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the carrying out of the
25Commissioner’s functions.

35 Reports by Commissioner

(1) As soon as reasonably practicable after the end of each reporting period—

(a) the Commissioner must—

(i) prepare a report about the exercise by the Commissioner during
30that period of the functions of the Commissioner, and

(ii) give a copy of the report to the Secretary of State,

(b) the Secretary of State must lay a copy of the report before Parliament,
and

(c) the Commissioner must publish the report.

(2) 35The reporting periods are—

(a) the period—

(i) beginning with the surveillance camera code first coming into
force or the making of the first appointment as Commissioner
(whichever is the later), and

(ii) 40ending with the next 31 March or, if the period ending with that
date is 6 months or less, ending with the next 31 March after that
date, and

(b) each succeeding period of 12 months.

Interpretation

36 Interpretation: Chapter 1

In this Chapter—

• “the Commissioner” has the meaning given by section 34(1),

• 5“surveillance camera code” has the meaning given by section 31(10),

• “surveillance camera systems” has the meaning given by section 29(6).

CHAPTER 2 Safeguards for certain surveillance under RIPA

37 Judicial approval for obtaining or disclosing communications data

After section 23 of the Regulation of Investigatory Powers Act 2000 (form and
10duration of authorisations and notices for obtaining and disclosing
communications data) insert—

“23A Authorisations requiring judicial approval

(1) This section applies where a relevant person has—

(a) granted or renewed an authorisation under section 22(3), (3B) or
15(3F), or

(b) given or renewed a notice under section 22(4).

(2) The authorisation or notice is not to take effect until such time (if any)
as the relevant judicial authority has made an order approving the
grant or renewal of the authorisation or (as the case may be) the giving
20or renewal of the notice.

(3) The relevant judicial authority may give approval under this section to
the granting or renewal of an authorisation under section 22(3), (3B) or
(3F) if, and only if, the relevant judicial authority is satisfied that—

(a) at the time of the grant or renewal—

(i) 25there were reasonable grounds for believing that the
requirements of section 22(1) and (5) were satisfied in
relation to the authorisation, and

(ii) the relevant conditions were satisfied in relation to the
authorisation, and

(b) 30at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
the requirements of section 22(1) and (5) are satisfied in relation
to the authorisation.

(4) The relevant judicial authority may give approval under this section to
35the giving or renewal of a notice under section 22(4) if, and only if, the
relevant judicial authority is satisfied that—

(a) at the time of the giving or renewal of the notice—

(i) there were reasonable grounds for believing that the
requirements of section 22(1) and (5) were satisfied in
40relation to the notice, and

(ii) the relevant conditions were satisfied in relation to the
notice, and

(b) at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
the requirements of section 22(1) and (5) are satisfied in relation
to the notice.

(5) 5For the purposes of subsections (3) and (4) the relevant conditions are—

(a) in relation to any grant, giving or renewal by an individual
holding an office, rank or position in a local authority in
England, Wales or Scotland, that—

(i) the individual was a designated person for the purposes
10of this Chapter,

(ii) the grant, giving or renewal was not in breach of any
restrictions imposed by virtue of section 25(3), and

(iii) any other conditions that may be provided for by an
order made by the Secretary of State were satisfied,

(b) 15in relation to a grant, giving or renewal, for any purpose
relating to a Northern Ireland excepted or reserved matter, by
an individual holding an office, rank or position in a district
council in Northern Ireland, that—

(i) the individual was a designated person for the purposes
20of this Chapter,

(ii) the grant, giving or renewal was not in breach of any
restrictions imposed by virtue of section 25(3), and

(iii) any other conditions that may be provided for by an
order made by the Secretary of State were satisfied, and

(c) 25in relation to any other grant, giving or renewal by a relevant
person, that any conditions that may be provided for by an
order made by the Secretary of State were satisfied.

(6) In this section—

• “local authority in England” means—

  (a)

  30a district or county council in England,

  (b)

  a London borough council,

  (c)

  the Common Council of the City of London in its
  capacity as a local authority, or

  (d)

  the Council of the Isles of Scilly,

• 35“local authority in Scotland” means a council constituted under
  section 2 of the Local Government etc. (Scotland) Act 1994,

• “local authority in Wales” means any county council or county
  borough council in Wales,

• “Northern Ireland excepted or reserved matter” means an
  40excepted or reserved matter (within the meaning of section 4(1)
  of the Northern Ireland Act 1998),

• “Northern Ireland transferred matter” means a transferred matter
  (within the meaning of section 4(1) of the Act of 1998),

• “relevant judicial authority” means—

  (a)

  45in relation to England and Wales, a justice of the peace,

  (b)

  in relation to Scotland, a sheriff, and

  (c)

  in relation to Northern Ireland, a district judge
  (magistrates’ courts) in Northern Ireland,

• “relevant person” means—

  (a)

  50an individual holding—

  Protection of Freedoms BillPage 30

  (i)

  an office, rank or position in a local authority in
  England or Wales, or

  (ii)

  an office, rank or position in a local authority in
  Scotland (other than an office, rank or position in
  5a fire and rescue authority),

  (b)

  also, in relation to a grant, giving or renewal for any
  purpose relating to a Northern Ireland excepted or
  reserved matter, an individual holding an office, rank or
  position in a district council in Northern Ireland, and

  (c)

  10also, in relation to any grant, giving or renewal of a
  description that may be prescribed for the purposes of
  this subsection by an order made by the Secretary of
  State or every grant, giving or renewal if so prescribed,
  a person of a description so prescribed.

(7) 15No order of the Secretary of State—

(a) may be made under subsection (6) unless a draft of the order
has been laid before Parliament and approved by a resolution of
each House;

(b) may be made under this section so far as it makes provision
20which, 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 Northern
Ireland transferred matter.

23B Procedure for judicial approval

(1) 25The public authority with which the relevant person holds an office,
rank or position may apply to the relevant judicial authority for an
order under section 23A approving the grant or renewal of an
authorisation or (as the case may be) the giving or renewal of a notice.

(2) The applicant is not required to give notice of the application to—

(a) 30any person to whom the authorisation or notice which is the
subject of the application relates, or

(b) such a person’s legal representatives.

(3) Where, on an application under this section, the relevant judicial
authority refuses to approve the grant or renewal of the authorisation
35concerned or (as the case may be) the giving or renewal of the notice
concerned, the relevant judicial authority may make an order quashing
the authorisation or notice.

(4) In this section “relevant judicial authority” and “relevant person” have
the same meaning as in section 23A.”

38 40Judicial approval for directed surveillance and covert human intelligence
sources

(1) After section 32 of the Regulation of Investigatory Powers Act 2000
(authorisation of surveillance and human intelligence sources: intrusive

surveillance) insert—

“Authorisations requiring judicial approval

32A Authorisations requiring judicial approval

(1) This section applies where a relevant person has granted an
5authorisation under section 28 or 29.

(2) The authorisation is not to take effect until such time (if any) as the
relevant judicial authority has made an order approving the grant of
the authorisation.

(3) The relevant judicial authority may give approval under this section to
10the granting of an authorisation under section 28 if, and only if, the
relevant judicial authority is satisfied that—

(a) at the time of the grant—

(i) there were reasonable grounds for believing that the
requirements of section 28(2) were satisfied in relation to
15the authorisation, and

(ii) the relevant conditions were satisfied in relation to the
authorisation, and

(b) at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
20the requirements of section 28(2) are satisfied in relation to the
authorisation.

(4) For the purposes of subsection (3) the relevant conditions are—

(a) in relation to a grant by an individual holding an office, rank or
position in a local authority in England or Wales, that—

(i) 25the individual was a designated person for the purposes
of section 28,

(ii) the grant of the authorisation was not in breach of any
restrictions imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an
30order made by the Secretary of State were satisfied,

(b) in relation to a grant, for any purpose relating to a Northern
Ireland excepted or reserved matter, by an individual holding
an office, rank or position in a district council in Northern
Ireland, that—

(i) 35the individual was a designated person for the purposes
of section 28,

(ii) the grant of the authorisation was not in breach of any
restrictions imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an
40order made by the Secretary of State were satisfied, and

(c) in relation to any other grant by a relevant person, that any
conditions that may be provided for by an order made by the
Secretary of State were satisfied.

(5) The relevant judicial authority may give approval under this section to
45the granting of an authorisation under section 29 if, and only if, the
relevant judicial authority is satisfied that—

(a) at the time of the grant—

(i) there were reasonable grounds for believing that the
requirements of section 29(2), and any requirements
imposed by virtue of section 29(7)(b), were satisfied in
relation to the authorisation, and

(ii) 5the relevant conditions were satisfied in relation to the
authorisation, and

(b) at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
the requirements of section 29(2), and any requirements
10imposed by virtue of section 29(7)(b), are satisfied in relation to
the authorisation.

(6) For the purposes of subsection (5) the relevant conditions are—

(a) in relation to a grant by an individual holding an office, rank or
position in a local authority in England or Wales, that—

(i) 15the individual was a designated person for the purposes
of section 29,

(ii) the grant of the authorisation was not in breach of any
prohibition imposed by virtue of section 29(7)(a) or any
restriction imposed by virtue of section 30(3), and

(iii) 20any other conditions that may be provided for by an
order made by the Secretary of State were satisfied,

(b) in relation to a grant, for any purpose relating to a Northern
Ireland excepted or reserved matter, by an individual holding
an office, rank or position in a district council in Northern
25Ireland, that—

(i) the individual was a designated person for the purposes
of section 29,

(ii) the grant of the authorisation was not in breach of any
prohibition imposed by virtue of section 29(7)(a) or any
30restriction imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an
order made by the Secretary of State were satisfied, and

(c) in relation to any other grant by a relevant person, that any
conditions that may be provided for by an order made by the
35Secretary of State were satisfied.

(7) In this section—

• “local authority in England” means—

  (a)

  a district or county council in England,

  (b)

  a London borough council,

  (c)

  40the Common Council of the City of London in its
  capacity as a local authority, or

  (d)

  the Council of the Isles of Scilly,

• “local authority in Wales” means any county council or county
  borough council in Wales,

• 45“Northern Ireland excepted or reserved matter” means an
  excepted or reserved matter (within the meaning of section 4(1)
  of the Northern Ireland Act 1998),

• “Northern Ireland transferred matter” means a transferred matter
  (within the meaning of section 4(1) of the Act of 1998),

• 50“relevant judicial authority” means—

  Protection of Freedoms BillPage 33

  (a)

  in relation to England and Wales, a justice of the peace,

  (b)

  in relation to Scotland, a sheriff, and

  (c)

  in relation to Northern Ireland, a district judge
  (magistrates’ courts) in Northern Ireland,

• 5“relevant person” means—

  (a)

  an individual holding an office, rank or position in a
  local authority in England or Wales,

  (b)

  also, in relation to a grant for any purpose relating to a
  Northern Ireland excepted or reserved matter, an
  10individual holding an office, rank or position in a
  district council in Northern Ireland, and

  (c)

  also, in relation to any grant of a description that may be
  prescribed for the purposes of this subsection by an
  order made by the Secretary of State or every grant if so
  15prescribed, a person of a description so prescribed.

(8) No order of the Secretary of State—

(a) may be made under subsection (7) unless a draft of the order
has been laid before Parliament and approved by a resolution of
each House;

(b) 20may be made under this section so far as it makes provision
which would be within the legislative competence of the
Scottish Parliament if it were contained in an Act of the Scottish
Parliament;

(c) may be made under this section so far as it makes provision
25which, 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 Northern
Ireland transferred matter.

32B Procedure for judicial approval

(1) 30The public authority with which the relevant person holds an office,
rank or position may apply to the relevant judicial authority for an
order under section 32A approving the grant of an authorisation.

(2) The applicant is not required to give notice of the application to—

(a) any person to whom the authorisation relates, or

(b) 35such a person’s legal representatives.

(3) Where, on an application under this section, the relevant judicial
authority refuses to approve the grant of the authorisation concerned,
the relevant judicial authority may make an order quashing the
authorisation.

(4) 40In this section “relevant judicial authority” and “relevant person” have
the same meaning as in section 32A.”

(2) In section 43 of that Act (general rules about grant, renewal and duration of
authorisations)—

(a) after subsection (6) insert—

“(6A) 45The relevant judicial authority (within the meaning given by
subsection (7) of section 32A) shall not make an order under
that section approving the renewal of an authorisation for the

conduct or the use of a covert human intelligence source unless
the relevant judicial authority—

(a) is satisfied that a review has been carried out of the
matters mentioned in subsection (7) below, and

(b) 5has, for the purpose of deciding whether to make the
order, considered the results of that review.”, and

(b) in subsection (7) for “subsection (6)” substitute “subsections (6) and
(6A)”.

Part 3 10Protection of property from disproportionate enforcement action

CHAPTER 1 Powers of entry

Repealing, adding safeguards or rewriting powers of entry

39 Repealing etc. unnecessary or inappropriate powers of entry

(1) The appropriate national authority may by order repeal any power of entry or
15associated power which the appropriate national authority considers to be
unnecessary or inappropriate.

(2) Schedule 2 (which contains repeals etc. of certain powers of entry) has effect.

40 Adding safeguards to powers of entry

(1) The appropriate national authority may by order provide for safeguards in
20relation to any power of entry or associated power.

(2) Such safeguards may, in particular, include—

(a) restrictions as to the premises over which the power may be exercised,

(b) restrictions as to the times at which the power may be exercised,

(c) restrictions as to the number or description of persons who may
25exercise the power,

(d) a requirement for a judicial or other authorisation before the power
may be exercised,

(e) a requirement to give notice within a particular period before the
power may be exercised,

(f) 30other conditions which must be met before the power may be exercised,

(g) modifications of existing conditions which must be met before the
power may be exercised,

(h) other restrictions on the circumstances in which the power may be
exercised,

(i) 35new obligations on the person exercising the power which must be met
before, during or after its exercise,

(j) modifications of existing obligations which must be met by the person
exercising the power before, during or after its exercise,

(k) restrictions on any power to use force, or any other power, which may
40be exercised in connection with the power of entry or associated power.

(3) A further safeguard shall be that, unless explicitly provided for in the statute
providing for the power of entry, all powers of entry shall be exercised by
agreement with the premises occupier or by warrant.

(4) A further safeguard shall be that, notwithstanding the statute providing for the
5power of entry, a power of entry may only be used without warrant, or without
agreement with the occupier of the premises to be entered, in cases where the
authority using the power can demonstrate that the aim of the use of the power
would be frustrated if a warrant or agreement were sought.

(5) The safeguards set out in subsections (3) and (4) above shall not apply in any
10case where the authority exercising the power of entry is—

(a) a Trading Standards Officer acting under any legislation which permits
the Officer to exercise such a power;

(b) a Constable or a member of the Security Service acting under any
legislation which permits such a person to exercise such a power; or

(c) 15doing so in pursuance of the protection of a child or a vulnerable adult.

41 Rewriting powers of entry

(1) The appropriate national authority may by order rewrite, with or without
modifications—

(a) powers of entry, associated powers or any aspects of any such powers,
20or

(b) enactments relating to, or connected with, any such powers or aspects.

(2) The power under subsection (1) to rewrite a power of entry or associated
power includes, in particular, the power to remove an aspect of such a power
without replacing it.

(3) 25But no order under this section may alter the effect of—

(a) a power of entry,

(b) any associated power connected with it, or

(c) any safeguard relating to, but not forming part of, the power of entry or
associated power,

30unless, on and after the changes made by the order, the safeguards in relation
to the power of entry and associated powers connected with it, taken together,
provide a greater level of protection than any safeguards applicable
immediately before the changes.

42 Duty to review certain existing powers of entry

(1) 35Each Minister of the Crown who is a member of the Cabinet must, within the
relevant period—

(a) review relevant powers of entry, and relevant associated powers, for
which the Minister is responsible with a view to deciding whether to
make an order under section 39(1), 40 or 41 in relation to any of them,

(b) 40prepare a report of that review, and

(c) lay a copy of the report before Parliament.

(2) A failure by a Minister of the Crown to comply with a duty under subsection
(1) in relation to a power of entry or associated power does not affect the
validity of the power.

(3) 45In this section—

Protection of Freedoms BillPage 36

• “relevant associated power” means any associated power in a public
  general Act or a statutory instrument made under such an Act,

• “the relevant period” means the period of two years beginning with the
  day on which this Act is passed,

• 5“relevant power of entry” means any power of entry in a public general
  Act or a statutory instrument made under such an Act.

43 Consultation requirements before modifying powers of entry

Before making an order under section 39(1), 40 or 41 in relation to a power of
entry or associated power, the appropriate national authority must consult—