Protection of Freedoms Bill

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House of Commons

Session 2010 - 11
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Protection of Freedoms Bill

Protection of Freedoms Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 146—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Theresa May has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Protection of Freedoms Bill are compatible with the
Convention rights.

Bill 146 55/1

Protection of Freedoms Bill

Contents
Part 1
Regulation of biometric data
Chapter 1
Destruction, retention and use of fingerprints etc.
Destruction rule for fingerprints and DNA profiles subject to PACE
1
Destruction of fingerprints and DNA profiles
Modification of rule for particular circumstances
2
Material retained pending investigation or proceedings
3
Persons arrested for or charged with a qualifying offence
4
Persons arrested for or charged with a minor offence
5
Persons convicted of a recordable offence
6
Persons convicted of an offence outside England and Wales
7
Persons under 18 convicted of first minor offence
8
Persons given a penalty notice
9
Material retained for purposes of national security
10
Material given voluntarily
11
Material retained with consent
12
Material obtained for one purpose and used for another
13
Destruction of copies
Destruction rules for samples and impressions of footwear subject to PACE
14
Destruction of samples
15
Destruction of impressions of footwear
Supplementary provision for material subject to PACE
16
Use of retained material
17
Exclusions for certain regimes
18
Interpretation and minor amendments of PACE

Bill 146
55/1

Protection of Freedoms Bill
ii

Amendments of regimes other than PACE
19
Amendments of regimes other than PACE
National security determinations
20
National security: appointment of Commissioner
21
Reports by Commissioner
22
Guidance on making a national security determination
Other provisions
23
Inclusion of DNA profiles on National DNA Database
24
National DNA Database Strategy Board
25
Material taken before commencement
Chapter 2
Protection of biometric information of children in schools etc.
26
Requirement for consent before processing biometric information
27
Exceptions and further provision about consent
28
Interpretation: Chapter 2
Part 2
Regulation of surveillance
Chapter 1
Regulation of CCTV and other surveillance camera technology
Code of practice
29
Code of practice for surveillance camera systems
Procedural requirements
30
Issuing of code
31
Alteration or replacement of code
32
Publication of code
Enforcement and Commissioner
33
Effect of code
34
Commissioner in relation to code
35
Reports by Commissioner
Interpretation
36
Interpretation: Chapter 1

Protection of Freedoms Bill
iii

Chapter 2
Safeguards for certain surveillance under RIPA
37
Judicial approval for obtaining or disclosing communications data
38
Judicial approval for directed surveillance and covert human intelligence
sources
Part 3
Protection 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
40
Adding safeguards to powers of entry
41
Rewriting powers of entry
42
Duty to review certain existing powers of entry
43
Consultation requirements before modifying powers of entry
44
Procedural and supplementary provisions
45
Devolution: Scotland and Northern Ireland
46
Sections 39 to 46 : interpretation
Codes of practice in relation to powers of entry
47
Code of practice in relation to non-devolved powers of entry
48
Issuing of code
49
Alteration or replacement of code
50
Publication of code
51
Effect of code
52
Sections 47 to 51 : interpretation
53
Corresponding code in relation to Welsh devolved powers of entry
Chapter 2
Vehicles left on land
Offence of immobilising etc. vehicles
54
Offence of immobilising etc. vehicles
Alternative remedies in relation to vehicles left on land
55
Extension of powers to remove vehicles from land
56
Recovery of unpaid parking charges

Protection of Freedoms Bill
iv

Part 4
Counter-terrorism powers
Pre-charge detention of terrorist suspects
57
Permanent reduction of maximum detention period to 14 days
Stop and search powers: general
58
Repeal of existing stop and search powers
59
Replacement powers to stop and search persons and vehicles
60
Replacement powers to stop and search in specified locations
61
Code of practice
Stop and search powers: Northern Ireland
62
Stop and search powers in relation to Northern Ireland
Part 5
Safeguarding vulnerable groups, criminal records etc.
Chapter 1
Safeguarding of vulnerable groups
Restrictions on scope of regulation
63
Restriction of scope of regulated activities: children
64
Restriction of definition of vulnerable adults
65
Restriction of scope of regulated activities: vulnerable adults
66
Alteration of test for barring decisions
Abolition of other areas of regulation
67
Abolition of controlled activity
68
Abolition of monitoring
Main amendments relating to new arrangements
69
Information for purposes of making barring decisions
70
Review of barring decisions
71
Information about barring decisions
72
Duty to check whether person barred
73
Restrictions on duplication with Scottish and Northern Ireland barred lists
Other amendments
74
Professional bodies
75
Supervisory authorities
76
Minor amendments

Protection of Freedoms Bill
v

Chapter 2
Criminal records
Safeguards in relation to certificates
77
Restriction on information provided to registered persons
78
Minimum age for applicants for certificates or to be registered
79
Enhanced criminal record certificates: additional safeguards
Up-dating and content of certificates
80
Up-dating certificates
81
Criminal conviction certificates: conditional cautions
Chapter 3
Disregarding certain convictions for buggery etc.
General
82
Power of Secretary of State to disregard convictions or cautions
83
Applications to the Secretary of State
84
Procedure for decisions by the Secretary of State
Effect of disregard
85
Effect of disregard on police and other records
86
Effect of disregard for disclosure and other purposes
87
Saving for Royal pardons etc.
88
Section 86 : supplementary
Appeals and other supplementary provision
89
Appeal against refusal to disregard convictions or cautions
90
Advisers
91
Interpretation: Chapter 3
Part 6
Freedom of information and data protection
Publication of certain datasets
92
Release and publication of datasets held by public authorities
Other amendments relating to freedom of information
93
Meaning of “publicly-owned company”
94
Extension of certain provisions to Northern Ireland bodies
The Information Commissioner
95
Appointment and tenure of Information Commissioner

© Parliamentary copyright
Revised 11 February 2011