Protection of Freedoms Bill

House of Commons

Session 2010 - 11
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Protection of Freedoms Bill

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 4 — Counter-terrorism powers
122

(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)
sub-paragraph (7).
5
      (4)
In paragraph 37(2) omit “or senior judge”.
Regulation of Investigatory Powers Act 2000
23
In paragraph 6(3) of Schedule 2 to the Regulation of Investigatory Powers
Act 2000 (general requirements relating to the appropriate permission)—
(a)
in paragraph (a) for “section 44” substitute “section 43B”,
10
(b)
in paragraph (b)—
(i)
at the beginning insert “section 44 of the Terrorism Act 2000
or”, and
(ii)
for “of section 44” substitute “of section 43B”, and
(c)
after “mentioned in” insert “paragraph 14(1) and (2) of Schedule 6B
15
to that Act of 2000 (see the definition of “senior police officer”),”.
Criminal Justice and Police Act 2001
24
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—
20
“69A
The 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
25
of being used for the purposes of terrorism).”
25
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
30
of being used for the purposes of terrorism).”.
Police Reform Act 2002
26
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)—
35
(i)
for “section 44(1)(a) and (d) and (2)(b) and 45(2)” substitute
“section 43B(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”
40
substitute “section 43B(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

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 5 — Safeguarding of vulnerable groups
123

the case may be) that the person concerned is a person falling
within section 40(1)(b) of that Act”, and
(b)
in paragraph (b) for “subsections (1) and (4) of section 45 of”
substitute “subsections (4) and (5) of section 43B of, and paragraphs
1 and 2 of Schedule 6B to,”.
5
Police (Northern Ireland) Act 2003
27
In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003
(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
10
“section 43B(2)(a) and (d), (3)(b) and (6)”,
(ii)
in paragraph (d) for “any article” substitute “anything which
is”, and
(iii)
also in paragraph (d), for “section 44(1) or (2) of that Act”
substitute “section 43B(2) or (3) of that Act and which he
15
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)
in sub-paragraph (2) for “subsections (1) and (4) of section 45 of”
20
substitute “subsections (4) and (5) of section 43B of, and paragraphs
1 and 2 of Schedule 6B to,”.
Counter-Terrorism Act 2008
28
In section 1(1) of the Counter-Terrorism Act 2008 (power to remove
documents for examination), after paragraph (b), insert—
25
“(ba)
section 43(4B) of that Act (search of vehicle in relation to
suspected terrorist);
(bb)
section 43A of that Act (search of vehicle suspected of being
used for the purposes of terrorism);”.
Part 5
30
Safeguarding of vulnerable groups
Police Act 1997
29
The Police Act 1997 is amended as follows.
30
In section 113BA(2) (suitability information relating to children) omit
paragraphs (b) to (d).
35
31
In section 113BB(2) (suitability information relating to vulnerable adults)
omit paragraphs (b) to (d).
Safeguarding Vulnerable Groups Act 2006
32
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
33
In section 4(1) (appeals)—
40
(a)
omit paragraph (a),

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 5 — Safeguarding of vulnerable groups
124

(b)
in 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”.
5
34
In section 5(4) (regulated activity)—
(a)
omit “section 10(3);”, and
(b)
omit “paragraph 4 of Schedule 6”.
35
In section 6(8) (regulated activity providers)—
(a)
in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or
10
8(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
15
(ii)
for “mentioned in that paragraph” substitute “exercisable by
virtue of that position”.
36
In section 7(5) (barred person not to engage in regulated activity) omit
paragraphs (b) and (c).
37
Omit section 8 (person not to engage in regulated activity unless subject to
20
monitoring).
38
In section 9(5) (use of barred person for regulated activity) omit paragraphs
(b) and (c).
39
Omit section 10 (use of person not subject to monitoring for regulated
activity).
25
40
Omit section 11 and Schedule 5 (regulated activity provider: failure to
check).
41
Omit section 12 and Schedule 6 (personnel suppliers: failure to check).
42
Omit section 13 (educational establishments: check on members of
governing body).
30
43
Omit section 14 (office holders: offences).
44
Omit section 15 (sections 13 and 14: checks).
45
Omit section 16 (exception to requirement to make monitoring check).
46
Omit section 17 (NHS employment).
47    (1)
Section 18 (offences: companies etc.) is amended as follows.
35
      (2)
In subsection (1)—
(a)
omit “, 10, 11, 23, 27”, and
(b)
omit “or Schedule 6”.
      (3)
In subsection (2)—
(a)
omit “, 10, 11, 23, 27”, and
40
(b)
omit “or Schedule 6”.

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 5 — Safeguarding of vulnerable groups
125

48    (1)
Section 19 (offences: other persons) is amended as follows.
      (2)
Omit subsection (1).
      (3)
Omit subsections (3) and (4).
      (4)
Omit subsections (6) and (7).
      (5)
In subsection (8)—
5
(a)
for “subsections (2)(b) and (3)(b)” substitute “subsection (2)(b)”, and
(b)
omit paragraphs (b) and (c).
      (6)
Omit subsection (9).
49
In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).
50
In section 35 (regulated activity providers: duty to refer)—
10
(a)
in subsection (1), omit paragraph (b), and
(b)
omit subsection (6).
51    (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”.
15
52    (1)
Section 37 (regulated activity providers: duty to provide information on
request etc.) is amended as follows.
      (2)
In subsection (2)—
(a)
omit paragraph (b), and
(b)
in paragraph (d), omit “or controlled”.
20
      (3)
In subsection (4) omit “or controlled”.
      (4)
In subsection (5) omit “or controlled”.
53
In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3
for “Either of” substitute “Any of”.
54
In section 51(5) (Crown application) omit paragraph (b).
25
55    (1)
Section 54 (devolution: alignment) is amended as follows.
      (2)
In subsection (2) omit paragraph (a).
      (3)
In 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).
30
56    (1)
Section 56 (devolution: Wales) is amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsection (2)—
(a)
omit paragraphs (a) and (c), and
(b)
in paragraphs (d) and (e), omit “or (8)”.
35
      (4)
In subsection (3)—
(a)
omit paragraphs (b) to (f),

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 6 — Criminal records
126

(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)
omit paragraph (n),
5
(f)
in paragraph (r) for “7(1)(f)” substitute “7(1)(i) or (j)”, and
(g)
omit paragraphs (s) and (t).
57
In section 57(1)(c) (damages) omit “prescribed”.
58    (1)
Section 60 (interpretation) is amended as follows.
      (2)
In subsection (1), in paragraph (b) of the definition of “personnel supplier”,
10
omit “or controlled”.
      (3)
Omit subsection (3).
59
In section 61(3) (orders and regulations)—
(a)
omit paragraphs (b) to (e),
(b)
at the end of paragraph (h) insert “or”, and
15
(c)
omit paragraph (j) and the word “or” before it.
60
In paragraph 25(1) of Schedule 3 (duty of court to inform certain persons that
ISA will include them in a barred list) for “will” substitute “may”.
61    (1)
Schedule 7 (vetting information) is amended as follows.
      (2)
In paragraph 1—
20
(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)
Omit paragraph 3(3).
      (4)
In the heading to the Schedule for “VETTING INFORMATION” substitute
“BARRING INFORMATION”.
25
62
In Schedule 8 (transitional provisions) omit paragraph 5.
Part 6
Criminal records
Police Act 1997
63
The Police Act 1997 is amended as follows.
30
64    (1)
Section 117 (disputes about accuracy of certificates) is amended as follows.
      (2)
In the title, for “accuracy of certificates” substitute “certificates and up-date
information”.
      (3)
After subsection (1) insert—
“(1A)
Where a person believes that the wrong up-date information has
35
been given under section 116A in relation to the person’s certificate,
the person may make an application in writing to the Secretary of
State for corrected up-date information.”
      (4)
In subsection (2)—

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 6 — Criminal records
127

(a)
after “inaccurate” insert “, or that the wrong up-date information has
been given,”, and
(b)
after “new certificate” insert “or (as the case may be) corrected up-
date information”.
      (5)
After subsection (2C) (for which see section 79(4) above) insert—
5
“(2D)
In this section—
“corrected up-date information”, in relation to a certificate,
means information which includes—
(a)
information that the wrong up-date information was
given in relation to the certificate on a particular date,
10
and
(b)
new up-date information in relation to the certificate,
“up-date information” has the same meaning as in section
116A.”
65
In section 118(1) (evidence of identity), after “consider” insert “an
15
application as mentioned in section 116A(4)(a) or (5)(a) or”.
66    (1)
Section 119 (sources of information) is amended as follows.
      (2)
In 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)”.
20
      (3)
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);”.
      (4)
In subsection (8), at the end of paragraph (a), insert—
“(aa)
under this Part in relation to any request under section
116A(1);”.
25
67    (1)
Section 119B (independent monitor) is amended as follows.
      (2)
Omit subsection (5)(a).
      (3)
In subsection (5)(c), omit the words from “or disclosed” to the end.
68
After section 122(1) (code of practice) insert—
“(1A)
The reference in subsection (1) to the use of information provided to
30
registered persons under this Part includes a reference to the use of
information provided in accordance with section 116A(1) to relevant
persons (within the meaning of that section) who are not registered
persons under this Part.”
69
Omit section 122(3A)(a) (power of Secretary of State to refuse to issue
35
certificate where failure to comply with code of practice by, or in connection
with, registered person).
70
After section 124A(6) (offences relating to disclosure of information
obtained in connection with delegated function) insert—
“(6A)
For the purposes of this section the reference to an applicant includes
40
a person who makes a request under section 116A(1).”

Protection of Freedoms Bill
Schedule 7 — Consequential amendments
Part 7 — Disregarding certain convictions for buggery etc.
128

71
After section 125B(2) (form of applications) insert—
“(3)
In this section “application” includes a request under section
116A(1).”
72
In section 126(1) (interpretation of Part 5), in the definition of “certificate”,
after “application” insert “but does not include any documents issued in
5
response to a request under section 116A(1) or an application as mentioned
in section 116A(4)(a) or (5)(a)”.
Safeguarding Vulnerable Groups Act 2006
73    (1)
Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006
(barred lists: information) is amended as follows.
10
      (2)
In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute
“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”.
15
      (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)
After sub-paragraph (7) insert—
20
   “(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 forces are relevant police forces” substitute
“who is the relevant chief officer”.
25
Part 7
Disregarding certain convictions for buggery etc.
Rehabilitation of Offenders Act 1974
74    (1)
Section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons
and spent convictions) is amended as follows.
30
      (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 3 of Part 5 of the Protection of
Freedoms Act 2011.
35
(6)
Accordingly, references in this Act to a conviction or caution do not
include references to any such disregarded conviction or caution.”