Search Legislation

Protection of Freedoms Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Protection of Freedoms Act 2012, Section 79 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 79:

  • specified provision(s) amendment to earlier commencing SI 2012/2234 art. 13 by S.I. 2014/831 art. 2(2)
  • specified provision(s) transitional provisions and savings for commencing S.I. 2013/1814 by S.I. 2013/1813 art. 2-9

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

79Restriction on information provided to certain personsE+W
This section has no associated Explanatory Notes

(1)Omit section 93 of the Policing and Crime Act 2009 (which, if commenced, would insert section 112(2A) into the Police Act 1997 requiring copies of certain criminal conviction certificates to be given to employers etc.).

(2)Omit—

(a)section 113A(4) of the Police Act 1997 (requirement to send copy of criminal record certificate to registered person), and

(b)section 113B(5) and (6) of that Act (requirement to give relevant information, and copy of enhanced criminal record certificate to registered person).

(3)After section 120AB of the Police Act 1997 (procedure for certain cancellations or suspensions of registration) insert—

120ACRegistered persons: information on progress of an application

(1)The Secretary of State must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

(2)Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

(3)In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Secretary of State may inform the person who made the request that the certificate was such a certificate.

(4)In the case of a certificate under section 113B, if it was a certificate—

(a)stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

(b)if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

(i)is barred from regulated activity relating to children or to vulnerable adults, or

(ii)is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,

the Secretary of State may inform the person who made the request that the certificate was such a certificate.

(5)If no certificate has been issued, the Secretary of State must inform the person who made the request of such other matters relating to the processing of the application as the Secretary of State considers appropriate.

(6)Subject to subsections (2) to (4), nothing in this section permits the Secretary of State to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

(7)The Secretary of State may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

(8)In this section—

  • central records” and “relevant matter” have the same meaning as in section 113A,

  • suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

(9)Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.

120ADRegistered persons: copies of certificates in certain circumstances

(1)Subsection (2) applies if—

(a)the Secretary of State gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

(b)the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

(c)the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

(2)The Secretary of State must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—

(a)has counter-signed the application or transmitted it to the Secretary of State under section 113A(2A) or 113B(2A),

(b)has informed the Secretary of State that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

(c)no prescribed circumstances apply.

(3)The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

(4)In this section “up-date information” has the same meaning as in section 116A.

Modifications etc. (not altering text)

C1S. 79 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(1)(2), Sch. 1

C2S. 79 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(2)(a), Sch. 1 (with art. 5)

C3S. 79 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(1)(a), Sch. 1

Commencement Information

I1S. 79(1) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(p)

I2S. 79(2)(a) in force at 17.6.2013 by S.I. 2013/1180, art. 2(a)

I3S. 79(2)(b) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(q)

I4S. 79(2)(b)(3) in force at 17.6.2013 in so far as not already in force by S.I. 2013/1180, art. 2(a)

I5S. 79(3) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(r)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources