Protection of Freedoms Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Protection of Freedoms Bill

Protection of Freedoms Bill
Schedule 6 — Stop and search powers: Northern Ireland
115

(b)
considers that—
(i)
the authorisation is necessary to prevent such
danger,
(ii)
the specified area or place is no greater than is
necessary to prevent such danger, and
5
(iii)
the duration of the authorisation is no longer than
is necessary to prevent such danger.
      (2)
An authorisation under this paragraph authorises any constable to
stop a person in the specified area or place and to search that
person.
10
      (3)
A constable may exercise the power conferred by an authorisation
under this paragraph only for the purpose of ascertaining whether
the person has munitions unlawfully with that person or wireless
apparatus with that person.
      (4)
But the power conferred by such an authorisation may be
15
exercised whether or not the constable reasonably suspects that
there are such munitions or wireless apparatus.
      (5)
A constable exercising the power conferred by an authorisation
under this paragraph may not require a person to remove any
clothing in public except for headgear, footwear, an outer coat, a
20
jacket or gloves.
      (6)
Where a constable proposes to search a person by virtue of an
authorisation under this paragraph, the constable may detain the
person for such time as is reasonably required to permit the search
to be carried out at or near the place where the person is stopped.
25
      (7)
A senior officer who gives an authorisation under this paragraph
orally must confirm it in writing as soon as reasonably practicable.
      (8)
In this paragraph and paragraphs 4B to 4I—
“senior officer” means an officer of the Police Service of
Northern Ireland of at least the rank of assistant chief
30
constable,
“specified” means specified in an authorisation.
4B    (1)
An authorisation under paragraph 4A has effect during the
period—
(a)
beginning at the time when the authorisation is given, and
35
(b)
ending with the specified date or at the specified time.
      (2)
This paragraph is subject as follows.
4C
The specified date or time must not occur after the end of the
period of 14 days beginning with the day on which the
authorisation is given.
40
4D    (1)
The senior officer who gives an authorisation must inform the
Secretary of State of it as soon as reasonably practicable.
      (2)
An authorisation ceases to have effect at the end of the period of
48 hours beginning with the time when it is given unless it is
confirmed by the Secretary of State before the end of that period.
45

Protection of Freedoms Bill
Schedule 6 — Stop and search powers: Northern Ireland
116

      (3)
An authorisation ceasing to have effect by virtue of sub-paragraph
(2) does not affect the lawfulness of anything done in reliance on
it before the end of the period concerned.
      (4)
When confirming an authorisation, the Secretary of State may—
(a)
substitute an earlier date or time for the specified date or
5
time;
(b)
substitute a more restricted area or place for the specified
area or place.
4E
The Secretary of State may cancel an authorisation with effect from
a time identified by the Secretary of State.
10
4F    (1)
A senior officer may—
(a)
cancel an authorisation with effect from a time identified
by the officer concerned;
(b)
substitute an earlier date or time for the specified date or
time;
15
(c)
substitute a more restricted area or place for the specified
area or place.
      (2)
Any such cancellation or substitution in relation to an
authorisation confirmed by the Secretary of State under paragraph
4D does not require confirmation by the Secretary of State.
20
4G
The existence, expiry or cancellation of an authorisation does not
prevent the giving of a new authorisation.
4H    (1)
An authorisation under paragraph 4A given by a senior officer
may specify—
(a)
the whole or part of Northern Ireland,
25
(b)
the internal waters or any part of them, or
(c)
any combination of anything falling within paragraph (a)
and anything falling within paragraph (b).
      (2)
In sub-paragraph (1)(b) “internal waters” means waters in the
United Kingdom which are adjacent to Northern Ireland.
30
      (3)
Where an authorisation specifies more than one area or place—
(a)
the power of a senior officer under paragraph 4B(1)(b) to
specify a date or time includes a power to specify different
dates or times for different areas or places (and the other
references in this Schedule to the specified date or time are
35
to be read accordingly), and
(b)
the power of the Secretary of State under paragraph
4D(4)(b), and of a senior officer under paragraph 4F(1)(c),
includes a power to remove areas or places from the
authorisation.
40
4I    (1)
Sub-paragraph (2) applies if any decision of—
(a)
a senior officer to give, vary or cancel an authorisation
under paragraph 4A, or
(b)
the Secretary of State to confirm, vary or cancel such an
authorisation,
45

is challenged on judicial review or in any other legal proceedings.

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 1 — Destruction, retention and use of fingerprints etc.
117

      (2)
The Secretary of State may issue a certificate that—
(a)
the interests of national security are relevant to the
decision, and
(b)
the decision was justified.
      (3)
The Secretary of State must notify the person making the challenge
5
(“the claimant”) if the Secretary of State intends to rely on a
certificate under this paragraph.
      (4)
Where the claimant is notified of the Secretary of State’s intention
to rely on a certificate under this paragraph—
(a)
the claimant may appeal against the certificate to the
10
Tribunal established under section 91 of the Northern
Ireland Act 1998, and
(b)
sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect
of appeal, procedure and further appeal) apply but subject
to sub-paragraph (5).
15
      (5)
In its application by virtue of sub-paragraph (4)(b), section 90(3) of
the Act of 1998 is to be read as if for the words from “subsection”
to “that purpose,” there were substituted “paragraph 4I(4)(a) of
Schedule 3 to the Justice and Security (Northern Ireland) Act 2007
the Tribunal determines that—
20
(a)
the interests of national security are relevant to the decision
to which the certificate relates, and
(b)
the decision was justified,”.
      (6)
Rules made under section 91 or 92 of the Act of 1998 which are in
force immediately before this paragraph comes into force have
25
effect in relation to a certificate under this paragraph—
(a)
with any necessary modifications, and
(b)
subject to any later rules made by virtue of sub-paragraph
(4)(b).”
3
In paragraph 9(1) of that Schedule to that Act (offence of failing to stop when
30
required to do so) after “paragraph 4” insert “or by virtue of paragraph 4A”.
Schedule 7
Section 101(1)

Consequential amendments
Part 1
Destruction, retention and use of fingerprints etc.
35
Police and Criminal Evidence Act 1984
1     (1)
The Police and Criminal Evidence Act 1984 is amended as follows.
      (2)
In section 63 (non-intimate samples), in subsection (3A)(c)(i) (as amended by
section 2 of the Crime and Security Act 2010), for “64ZA” substitute “63Q”.
      (3)
Omit section 64 (as not substituted by section 14(1) of the Crime and Security
40
Act 2010) (destruction of fingerprints and samples).

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 2 — Safeguards for certain surveillance under RIPA
118

Crime and Security Act 2010
2     (1)
The Crime and Security Act 2010 is amended as follows.
      (2)
Omit sections 14, 16 to 21 and 23 (retention, destruction and use of
fingerprints and samples etc.).
      (3)
In section 22 (destruction of material taken before commencement)—
5
(a)
in subsection (1)(a), for “each of sections 14, 15 and 17 to 21”
substitute “section 15”, and
(b)
omit subsection (2).
      (4)
In section 58 (extent) omit subsections (4) and (6) to (8).
Part 2
10
Safeguards for certain surveillance under RIPA
Regulation of Investigatory Powers Act 2000
3
The Regulation of Investigatory Powers Act 2000 is amended as follows.
4
In section 22(6) (duty of postal or telecommunications operator to comply
with notice to obtain and disclose communications data) after “shall” insert
15
“, subject to section 23A,”.
5
After section 23(2) (form and duration of authorisations and notices relating
to communications data) insert—
“(2A)
The words in paragraph (a) of subsections (1) and (2) from “or” to the
end of the paragraph do not apply in relation to—
20
(a)
an authorisation under section 22(3), (3B) or (3F) to which
section 23A applies, or
(b)
a notice under section 22(4) to which section 23A applies.”
6     (1)
Section 43 (general rules about grant, renewal and duration of
authorisations relating to surveillance and human intelligence sources) is
25
amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subsection (1)(a) does not apply in relation to an authorisation under
section 28 or 29 to which section 32A applies.”
      (3)
In subsection (9)(c) after “section” insert “32A or”.
30
7     (1)
Section 57 (Interception of Communications Commissioner) is amended as
follows.
      (2)
In subsection (2) for “subsection (4)” substitute “subsections (4) and (4A)”.
      (3)
After subsection (4) insert—
“(4A)
It shall not be the function of the Interception of Communications
35
Commissioner to keep under review the exercise by the relevant
judicial authority (within the meaning of section 23A) of functions
under that section or section 23B.”

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 2 — Safeguards for certain surveillance under RIPA
119

8
After section 62(2) (functions of Chief Surveillance Commissioner) insert—
“(2A)
It shall not by virtue of this section be the function of the Chief
Surveillance Commissioner to keep under review the exercise by a
judicial authority of functions under section 32A or 32B.”
9     (1)
Section 65 (the Tribunal) is amended as follows.
5
      (2)
In subsection (7) after “but” insert “, subject to subsection (7ZA),”.
      (3)
After subsection (7) insert—
“(7ZA)
The exception in subsection (7) so far as conduct is authorised by, or
takes place with the permission of, a judicial authority does not
include conduct authorised by an approval given under section 23A
10
or 32A.”
10
In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and
before “and”), insert—
“(aa)
an order quashing an order under section 23A or 32A by the
relevant judicial authority (within the meaning of that
15
section);”.
11
In section 71(2) (issue and revision of codes of practice) after
“Commissioners” insert “or the relevant judicial authority (within the
meaning of section 23A or 32A)”.
12
After section 77 (Ministerial expenditure etc.) insert—
20
“77A
Procedure for order of sheriff under section 23A or 32A: Scotland
(1)
The Secretary of State may by order make further provision about the
procedure and practice to be followed in relation to an application to
the sheriff for an order under section 23A or 32A.
(2)
Such an order may, in particular, provide—
25
(a)
for the manner in which, and time within which, an
application may be made,
(b)
that the sheriff is to determine an application—
(i)
in chambers,
(ii)
in the absence of the person to whom the
30
authorisation or notice which is the subject of the
application relates,
(c)
that any hearing is to be held in private,
(d)
that notice of an order given is not to be given to—
(i)
the person to whom the authorisation or notice which
35
is the subject of the order relates, or
(ii)
such a person’s legal representatives.
(3)
The Court of Session’s power under section 32 of the Sheriff Courts
(Scotland) Act 1971 to regulate and prescribe the procedure and
practice to be followed in relation to an application to the sheriff for
40
an order under section 23A or 32A is subject to, but is not otherwise
constrained by, sections 23B and 32B and any order made under this
section.”
13
In section 78(3)(a) (exceptions to negative procedure for statutory
instruments)—
45

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 3 — Vehicles left on land
120

(a)
after “22(9),” insert “23A(6),”, and
(b)
after “30(7),” insert “32A(7),”.
Part 3
Vehicles left on land
Road Traffic Regulation Act 1984
5
14    (1)
Section 102 of the Road Traffic Regulation Act 1984 (charges for removal,
storage and disposal of vehicles) is amended as follows.
      (2)
In subsection (1)(b) for “, or from land in the open air,” substitute “or other
land”.
      (3)
In subsection (8), in the definition of “appropriate authority”, in paragraph
10
(b), for “land in the open air” substitute “other land”.
Airports Act 1986
15    (1)
Section 66 of the Airports Act 1986 (functions of operators of designated
airports as respects abandoned vehicles) is amended as follows.
      (2)
In subsection (2)(a) for the words from “from roads if” to “abandoned”
15
substitute “illegally, obstructively or dangerously parked, or abandoned or
broken down”.
      (3)
In subsection (3)—
(a)
omit paragraph (b) (but not the word “or” at the end of the
paragraph), and
20
(b)
in paragraph (c), for “any of those sections” substitute “that section”.
      (4)
In the heading, after “abandoned vehicles” insert “etc.”.
Private Security Industry Act 2001
16    (1)
The Private Security Industry Act 2001 is amended as follows.
      (2)
In section 3(2) (conduct subject to a licence)—
25
(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)
omit paragraph (a),
(b)
omit paragraph (b) and the word “or” at the end of the paragraph,
30
and
(c)
in paragraph (c), omit “other”.
      (4)
Omit section 6 (offence of using unlicensed wheel-clampers).
      (5)
Omit section 22A (charges for vehicle release: appeals).
      (6)
In section 24(4) (orders and regulations) omit the words from “(except” to
35
“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—

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 4 — Counter-terrorism powers
121

(a)
paragraph 3,
(b)
paragraph 3A,
(c)
paragraph 9, and
(d)
paragraph 9A.
Part 4
5
Counter-terrorism powers
Police and Criminal Evidence Act 1984
17
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
10
of practice in relation to any matter falling within the code of practice
issued under section 43D(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).”
15
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
18
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)
after that paragraph insert—
20
“(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 43D(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
25
persons and vehicles and to stop and search in specified
locations).”
Terrorism Act 2000
19
The Terrorism Act 2000 is amended as follows.
20
In the italic cross-heading before section 40, after “Suspected terrorists”
30
insert “, vehicles and acts of terrorism”.
21    (1)
Section 123 (orders and regulations) is amended as follows.
      (2)
In subsection (4), after paragraph (aa), insert—
“(ab)
section 43D;”.
      (3)
In subsection (5), after “paragraph (aa)” insert “, (ab)”.
35
22    (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 “a judicial authority”.
      (3)
In paragraph 36 omit—
(a)
sub-paragraph (1B),
40