Protection of Freedoms Act 2012 - legislation

1 Protection of Freedoms Act 2012 chapter 9 Notes have been produced to assist in theunderstanding of this Act and are available separatelyProtection of Freedoms Act 2012 chapter 9 CONTENTSPART 1 REGULATION OF BIOMETRIC DATACHAPTER 1 DESTRUCTION, RETENTION AND USE OF FINGERPRINTS rule for fingerprints and DNA profiles subject to PACE1 Destruction of fingerprints and DNA profilesModification of rule for particular circumstances2 Material retained pending investigation or proceedings3 Persons arrested for or charged with a qualifying offence4 Persons arrested for or charged with a minor offence5 Persons convicted of a recordable offence6 Persons convicted of an offence outside England and Wales7 Persons under 18 convicted of first minor offence8 Persons given a penalty notice9 Material retained for purposes of national security10 Material given voluntarily11 Material retained with consent12 Material obtained for one purpose and used for another13 Destruction of copiesDestruction rules for samples and impressions of footwear subject to PACE14 Destruction of samples15 Destruction of impressions of footwearProtection of Freedoms Act 2012 (c.)

2 9)iiSupplementary provision for material subject to PACE16 Use of retained material17 Exclusions for certain regimes18 Interpretation and minor amendments of PACEA mendments of regimes other than PACE19 Amendments of regimes other than PACEThe Commissioner for the Retention and Use of Biometric Material20 Appointment and functions of Commissioner21 Reports by CommissionerOther provisions22 Guidance on making national security determinations23 Inclusion of DNA profiles on National DNA Database24 National DNA Database Strategy Board25 Material taken before commencementCHAPTER 2 Protection OF BIOMETRIC INFORMATION OF CHILDREN IN SCHOOLS to notify and obtain consent before processing biometricinformation27 Exceptions and further provision about consent and notification28 Interpretation: chapter 2 PART 2 REGULATION OF SURVEILLANCECHAPTER 1 REGULATION OF CCTV AND OTHER SURVEILLANCE CAMERA TECHNOLOGYCode of practice29 Code of practice for surveillance camera systemsProcedural requirements30 Issuing of code31 Alteration or replacement of code32 Publication of codeEnforcement and Commissioner33 Effect of code34 Commissioner in relation to code35 Reports by CommissionerProtection of Freedoms Act 2012 (c.

3 9)iiiInterpretation36 Interpretation: chapter 1 chapter 2 SAFEGUARDS FOR CERTAIN SURVEILLANCE UNDER RIPA37 Judicial approval for obtaining or disclosing communications data38 Judicial approval for directed surveillance and covert human intelligencesourcesPART 3 Protection OF PROPERTY FROM DISPROPORTIONATE ENFORCEMENT ACTIONCHAPTER 1 POWERS OF ENTRYR epealing, adding safeguards or rewriting powers of entry39 Repealing etc. unnecessary or inappropriate powers of entry40 Adding safeguards to powers of entry41 Rewriting powers of entry42 Duty to review certain existing powers of entry43 Consultation requirements before modifying powers of entry44 Procedural and supplementary provisions45 Devolution: Scotland and Northern Ireland46 Sections 39 to 46: interpretationCodes of practice in relation to powers of entry47 Code of practice in relation to non-devolved powers of entry48 Issuing of code49 Alteration or replacement of code50 Publication of code51 Effect of code52 Sections 47 to 51: interpretation53 Corresponding code in relation to Welsh devolved powers of entryCHAPTER 2 VEHICLES LEFT ON LANDO ffence of immobilising etc.

4 Vehicles54 Offence of immobilising etc. vehiclesAlternative remedies in relation to vehicles left on land55 Extension of powers to remove vehicles from land56 Recovery of unpaid parking chargesProtection of Freedoms Act 2012 (c. 9)ivPART 4 COUNTER-TERRORISM POWERSPre-charge detention of terrorist suspects57 Maximum detention period of 14 days58 Emergency power for temporary extension and review of extensionsStop and search powers: general59 Repeal of existing stop and search powers60 Replacement powers to stop and search persons and vehicles61 Replacement powers to stop and search in specified locations62 Code of practiceStop and search powers: Northern Ireland63 Stop and search powers in relation to Northern IrelandPART 5 SAFEGUARDING VULNERABLE GROUPS, CRIMINAL RECORDS 1 SAFEGUARDING OF VULNERABLE GROUPSR estrictions on scope of regulation: England and Wales64 Restriction of scope of regulated activities: children65 Restriction of definition of vulnerable adults66 Restriction of scope of regulated activities: vulnerable adults67 Alteration of test for barring decisionsAbolition of other areas of regulation.

5 England and Wales68 Abolition of controlled activity69 Abolition of monitoringMain amendments relating to new arrangements: England and Wales70 Information for purposes of making barring decisions71 Review of barring decisions72 Information about barring decisions73 Duty to check whether person barred74 Restrictions on duplication with Scottish and Northern Ireland barred listsOther amendments relating to new arrangements: England and Wales75 Professional bodies76 Supervisory authorities77 Minor amendmentsProtection of Freedoms Act 2012 (c. 9)vCorresponding amendments relating to Northern Ireland78 Corresponding amendments in relation to Northern IrelandCHAPTER 2 CRIMINAL RECORDSS afeguards in relation to certificates79 Restriction on information provided to certain persons80 Minimum age for applicants for certificates or to be registered81 Additional grounds for refusing an application to be registered82 Enhanced criminal record certificates: additional safeguardsUp-dating and content of certificates83Up-dating certificates84 Criminal conviction certificates: conditional cautionsOther85 Inclusion of cautions etc.

6 In national police records86 Out of date references to certificates of criminal recordsCHAPTER 3 THE DISCLOSURE AND BARRING SERVICEG eneral87 Formation and constitution of DBS88 Transfer of functions to DBS and dissolution of ISAS upplementary89 Orders under section 8890 Transfer schemes in connection with orders under section 8891 Tax in connection with transfer schemesCHAPTER 4 DISREGARDING CERTAIN CONVICTIONS FOR BUGGERY of Secretary of State to disregard convictions or cautions93 Applications to the Secretary of State94 Procedure for decisions by the Secretary of StateEffect of disregard95 Effect of disregard on police and other records96 Effect of disregard for disclosure and other purposes97 Saving for Royal pardons of Freedoms Act 2012 (c. 9)vi98 Section 96: supplementaryAppeals and other supplementary provision99 Appeal against refusal to disregard convictions or cautions100 Advisers101 Interpretation: chapter 4 PART 6 freedom OF INFORMATION AND DATA PROTECTIONP ublication of certain datasets102 Release and publication of datasets held by public authoritiesOther amendments relating to freedom of information103 Meaning of publicly-owned company 104 Extension of certain provisions to Northern Ireland bodiesThe Information Commissioner105 Appointment and tenure of Information Commissioner106 Alteration of role of Secretary of State in relation to guidance powers107 Removal of Secretary of State consent for fee-charging powers of Secretary of State approval for staff numbers.

7 Terms 7 MISCELLANEOUS AND GENERALT rafficking people for exploitation109 Trafficking people for sexual exploitation110 Trafficking people for labour and other exploitationStalking111 Offences in relation to stalking112 Power of entry in relation to stalkingMiscellaneous repeals of enactments113 Repeal of provisions for conducting certain fraud cases without jury114 Removal of restrictions on times for marriage or civil partnershipGeneral115 Consequential amendments, repeals and revocations116 Transitional, transitory or saving provision117 Financial provisions118 Channel Islands and Isle of Man119 ExtentProtection of Freedoms Act 2012 (c. 9)vii120 Commencement121 Short titleSchedule 1 Amendments of regimes other than PACEPart 1 Material subject to the Terrorism Act 2000 Part 2 Material subject to the International Criminal Court Act 2001 Part 3 Material subject to section 18 of the Counter-Terrorism Act2008 Part 4 Material subject to the Terrorism Prevention and InvestigationMeasures Act 2011 Part 5 Material subject to the Criminal Procedure (Scotland) Act 1995 Part 6 Material subject to the Police and Criminal Evidence(Northern Ireland) Order 1989 Part 7 Corresponding Northern Ireland provision for excepted orreserved matters 2 Repeals etc.

8 Of powers of entryPart 1 Water and EnvironmentPart 2 AgriculturePart 3 MiscellaneousSchedule 3 Corresponding code of practice for Welsh devolved powers ofentrySchedule 4 Recovery of unpaid parking chargesSchedule 5 Replacement powers to stop and search: supplementaryprovisionsSchedule 6 Stop and search powers: Northern IrelandSchedule 7 Safeguarding of vulnerable groups: Northern IrelandSchedule 8 Disclosure and Barring ServiceSchedule 9 Consequential amendmentsPart 1 Destruction, retention and use of fingerprints 2 The Surveillance Camera CommissionerPart 3 Safeguards for certain surveillance under RIPAPart 4 Vehicles left on landPart 5 Counter-terrorism powersPart 6 Safeguarding of vulnerable groupsPart 7 Criminal recordsPart 8 The Disclosure and Barring ServicePart 9 Disregarding certain convictions for buggery 10 Trafficking people for exploitationPart 11 StalkingPart 12 Repeal of provisions for conducting certain fraud caseswithout jurySchedule 10 Repeals and revocationsPart 1 Destruction.

9 Retention and use of fingerprints 2 Powers of entryPart 3 Vehicles left on landPart 4 Counter-terrorism powersPart 5 Safeguarding of vulnerable groupsPart 6 Criminal recordsPart 7 freedom of informationPart 8 The Information CommissionerPart 9 Trafficking people for exploitationProtection of Freedoms Act 2012 (c. 9)viiiPart 10 Repeal of provisions for conducting certain fraud caseswithout juryPart 11 Removal of restrictions on times for marriage or civilpartnershipELIZABETH IIc. 9 Protection of Freedoms Act 20122012 chapter 9An Act to provide for the destruction, retention, use and other regulation ofcertain evidential material; to impose consent and other requirements inrelation to certain processing of biometric information relating to children; toprovide for a code of practice about surveillance camera systems and for theappointment and role of the Surveillance Camera Commissioner; to providefor judicial approval in relation to certain authorisations and notices under theRegulation of Investigatory Powers Act 2000; to provide for the repeal orrewriting of powers of entry and associated powers and for codes of practiceand other safeguards in relation to such powers; to make provision aboutvehicles left on land; to amend the maximum detention period for terroristsuspects.

10 To replace certain stop and search powers and to provide for arelated code of practice; to make provision about the safeguarding ofvulnerable groups and about criminal records including provision for theestablishment of the Disclosure and Barring Service and the dissolution of theIndependent Safeguarding Authority; to disregard convictions and cautionsfor certain abolished offences; to make provision about the release andpublication of datasets held by public authorities and to make other provisionabout freedom of information and the Information Commissioner; to makeprovision about the trafficking of people for exploitation and about stalking;to repeal certain enactments; and for connected purposes.[1st May 2012 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: BProtection of Freedoms Act 2012 (c.)