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Protection of Freedoms Act 2012

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Protection of Freedoms Act 2012. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Background

    1. Part 1: Regulation of biometric data

      1. Chapter 1: Destruction, retention and use of fingerprints etc.

      2. Chapter 2 of Part 1: Protection of biometric information of children in schools etc.

    2. Part 2: Regulation of surveillance

      1. Chapter 1: Regulation of CCTV and other surveillance camera technology

      2. Chapter 2 of Part 2: Safeguards for certain surveillance under RIPA

    3. Part 3: Protection of property from disproportionate enforcement action

      1. Chapter 1: Powers of Entry

      2. Chapter 2 of Part 3: Vehicles left on land

    4. Part 4: Counter-terrorism powers

    5. Part 5: Safeguarding vulnerable groups, criminal records etc.

      1. Chapters 1 to 3: Safeguarding of vulnerable groups and criminal records

      2. Chapter 4 of Part 5: Disregarding certain convictions for buggery etc.

    6. Part 6: Freedom of information and data protection

    7. Part 7: Miscellaneous and general

      Trafficking people for exploitation

      1. Repeal of provisions for conducting certain fraud cases without jury

  4. Territorial Extent

  5. The Act

    1. Commentary on Sections

      1. Part 1: Regulation of biometric data

        1. Chapter 1: Destruction, retention and use of fingerprints etc.

          1. Section 1: Destruction of fingerprints and DNA profiles

          2. Section 2: Material retained pending investigation or proceedings

          3. Section 3: Persons arrested for or charged with a qualifying offence

          4. Section 4: Persons arrested for or charged with a minor offence

          5. Section 5: Persons convicted of a recordable offence

          6. Section 6: Persons convicted of an offence outside England and Wales

          7. Section 7: Persons under 18 convicted of first minor offence

          8. Section 8: Persons given a penalty notice

          9. Section 9: Material retained for purposes of national security

          10. Section 10: Material given voluntarily

          11. Section 11: Material retained with consent

          12. Section 12: Material obtained for one purpose and used for another

          13. Section 13: Destruction of copies

          14. Section 14: Destruction of samples

          15. Section 15: Destruction of impressions of footwear

          16. Section 16: Use of retained material

          17. Section 17: Exclusions for certain regimes

          18. Section 18: Interpretation and minor amendments of PACE

          19. Section 19: Amendments of regimes other than PACE

          20. Schedule 1:  Amendments of regimes other than PACE

            1. Part 1: Material subject to the Terrorism Act 2000

            2. Part 2: Material subject to the International Criminal Court Act 2001

            3. Part 3: National security material subject to section 18 of the Counter-Terrorism Act 2008

            4. Part 4: Material subject to the Terrorism Prevention and Investigation Measures Act 2011

            5. Part 5: Material subject to the Criminal Procedure (Scotland) Act 1995

            6. Part 6: Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989

            7. Part 7: Corresponding Northern Ireland provision for excepted or reserved matters etc.

          21. Section 20: Appointment and functions of Commissioner

          22. Section 21: Reports by Commissioner

          23. Section 22: Guidance on making national security determinations

          24. Section 23: Inclusion of DNA profiles on National DNA Database

          25. Section 24: National DNA Database Strategy Board

          26. Section 25: Material taken before commencement

        2. Chapter 2 of Part 1: Protection of biometric information of children in schools etc.

          1. Section 26: Requirement for consent before processing biometric information

          2. Section 27: Exceptions and further provision about consent

          3. Section 28: Interpretation: Chapter 2

      2. Part 2: Regulation of surveillance

        1. Chapter 1: Regulation of CCTV and other surveillance camera technology

          1. Section 29: Code of practice for surveillance camera systems

          2. Section 30:  Issuing of the code

          3. Section 31: Alteration or replacement of the code

          4. Section 32: Publication of code

          5. Section 33: Effect of code

          6. Section 34: Commissioner in relation to code

          7. Section 35: Reports by Commissioner

          8. Section 36: Interpretation: Chapter 1

        2. Chapter 2 of Part 2: Safeguards for certain surveillance under RIPA

          1. Section 37: Judicial approval for obtaining or disclosing communications data

          2. Section 38: Judicial approval for directed surveillance and covert human intelligence sources

      3. Part 3: Protection of property from disproportionate enforcement action

        1. Chapter 1: Powers of Entry

          1. Section 39 and Schedule 2: Repealing etc. unnecessary or inappropriate powers of entry

          2. Section 40: Adding safeguards to powers of entry

          3. Section 41: Rewriting powers of entry

          4. Section 42: Duty to review certain existing powers of entry

          5. Section 43: Consultation requirements before modifying powers of entry

          6. Section 44: Procedural and supplementary provisions

          7. Section 45: Devolution: Scotland and Northern Ireland

          8. Section 46: Sections 39 to 46: interpretation

          9. Section 47: Code of Practice in relation to non-devolved powers of entry

          10. Section 48: Issuing of code

          11. Section 49: Alteration or replacement of code

          12. Section 50: Publication of code

          13. Section 51: Effect of code

          14. Section 52: Sections 47 to 51: interpretation

          15. Section 53 and Schedule 3: Corresponding code in relation to Welsh devolved powers of entry

        2. Chapter 2 of Part 3: Vehicles left on land

          1. Section 54: Offence of immobilising etc. vehicles

          2. Section 55: Extension of powers to remove vehicles from land

          3. Section 56: Recovery of unpaid parking charges

        3. Schedule 4: Recovery of unpaid parking charges

      4. Part 4: Counter-terrorism powers

        1. Section 57: Maximum detention period of 14 days

        2. Section 58:  Emergency power for temporary extension and review of extensions

        3. Section 59: Repeal of existing stop and search powers

        4. Section 60: Replacement powers to stop and search persons and vehicles

        5. Section 61: Replacement powers to stop and search in specified locations

        6. Schedule 5: Replacement powers to stop and search: Supplementary Provisions

        7. Section 62: Code of Practice

        8. Section 63: Stop and search powers in relation to Northern Ireland

        9. Schedule 6: Stop and search powers: Northern Ireland

      5. Part 5: Safeguarding vulnerable groups, criminal records etc.

        1. Chapter 1: Safeguarding of vulnerable groups

          1. Section 64: Restriction of scope of regulated activities: children

          2. Section 65: Restriction of definition of vulnerable adults

          3. Section 66: Restriction of scope of regulated activities: vulnerable adults

          4. Section 67: Alteration of test for barring decisions

          5. Section 68: Abolition of controlled activity

          6. Section 69: Abolition of monitoring

          7. Section 70: Information for purposes of making barring decisions

          8. Section 71: Review of barring decisions

          9. Section 72: Information about barring decisions

          10. Section 73: Duty to check whether person barred

          11. Section 74: Restrictions on duplication with Scottish and Northern Ireland barred lists

          12. Section 75: Professional bodies

          13. Section 76: Supervisory authorities

          14. Section 77: Minor amendments

          15. Section 78: Corresponding amendments in relation to Northern Ireland

          16. Schedule 7: Safeguarding of vulnerable groups: Northern Ireland

        2. Chapter 2 of Part 5: Criminal Records

          1. Section 79: Restriction on information provided to certain persons

          2. Section 80: Minimum age for applicants for certificates or to be registered

          3. Section 81: Additional grounds for refusing an application to be registered

          4. Section 82: Enhanced criminal record certificates: additional safeguards

          5. Section 83: Up-dating certificates

          6. Section 84: Criminal conviction certificates: conditional cautions

          7. Section 85: Inclusion of cautions etc. in national police records

          8. Section 86: Out of date references to certificates of criminal records

        3. Chapter 3 of Part 5: The Disclosure and Barring Service

          1. Section 87: Formation and constitution of DBS

          2. Schedule 8: Disclosure and Barring Service

          3. Section 88: Transfer of functions to DBS and dissolution of ISA

          4. Section 89: Orders under section 88

          5. Section 90: Transfer schemes in connection with orders under section 88

          6. Section 91: Tax in connection with transfer schemes

        4. Chapter 4 of Part 5: Disregarding certain convictions for buggery etc.

          1. Section 92: Power of Secretary of State to disregard convictions or cautions

          2. Section 93: Applications to the Secretary of State

          3. Section 94: Procedure for decisions by the Secretary of State

          4. Section 95: Effect of disregard on police and other records

          5. Section 96: Effect of disregard for disclosure and other purposes

          6. Section 97: Saving for Royal pardons etc.

          7. Section 98: Section 96: supplementary

          8. Section 99: Appeal against refusal to disregard convictions or cautions

          9. Section 100: Advisers

          10. Section 101: Interpretation: Chapter 4

      6. Part 6: Freedom of information and data protection

        1. Section 102: Release and publication of datasets held by public authorities

        2. Section 103: Meaning of “publicly-owned company”

        3. Section 104: Extension of certain provisions to Northern Ireland bodies

        4. Section 105: Appointment and tenure of Information Commissioner

        5. Section 106: Alteration of role of Secretary of State in relation to guidance powers

        6. Section 107: Removal of Secretary of State consent for fee-charging powers etc.

        7. Section 108: Removal of Secretary of State approval for staff numbers, terms etc.

      7. Part 7: Miscellaneous and general

        1. Section 109: Trafficking people for sexual exploitation

        2. Section 110: Trafficking people for labour or other exploitation

        3. Section 111: Offences in relation to stalking

        4. Section 112: Power of entry in relation to stalking

        5. Section 113: Repeal of provisions for conducting certain fraud cases without jury

        6. Section 114: Removal of restrictions on times for marriage or civil partnership

        7. Section 115: Consequential amendments, repeals and revocations

        8. Schedule 9: Consequential amendments

          1. Part 1: Destruction, retention and use of fingerprints and samples etc.

          2. Part 3: Safeguards for certain surveillance under RIPA

          3. Part 4: Vehicles left on land

          4. Part 7: Criminal records

        9. Section 116: Transitional, transitory or saving provision

        10. Section 118: Channel Islands and Isle of Man

        11. Section 119: Extent

        12. Section 120: Commencement

  6. Commencement

  7. Hansard References

  • Explanatory Notes Table of contents

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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.

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