http://www.legislation.gov.uk/id/ukpga/2012/9/schedule/7

http://www.legislation.gov.uk/ukpga/2012/9/schedule/7/paragraph/13

Protection of Freedoms Act 2012

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.

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Statute Law Database

2024-04-08

Expert Participation

2023-12-20

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

art. 2-9

Protection of Freedoms Act 2012

Sch. 1

para. 7A

Counter-Terrorism and Border Security Act 2019

Sch. 2

para. 20

s. 27(2)(b)

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Commencement No. 3) (Amendment) Order 2014

art. 2(2)

art. 1

SCHEDULES

SCHEDULE 7Safeguarding of vulnerable groups: Northern Ireland

Supervisory authorities

13 I11

In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (duty of supervisory authorities to refer)—

a

in paragraph (1)—

i

for “must” substitute “ may ”, and

ii

omit “prescribed”,

b

in paragraph (4)—

i

in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,

ii

also in sub-paragraph (a), omit “or controlled activity”, and

iii

in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,

c

in paragraph (5) omit “prescribed”,

d

omit paragraph (6), and

e

in the heading for “duty” substitute “ power ”.

I12

In Article 49 of that Order (supervisory authorities: power to apply for vetting information)—

a

in the heading for “vetting” substitute “ certain barring ”,

b

in paragraph (1) for “the Secretary of State”, in both places where it occurs, substitute “ ISA ”,

c

in paragraph (2) omit sub-paragraphs (b) to (e),

d

in paragraph (3) omit sub-paragraphs (b) to (e),

e

omit paragraph (5), and

f

in paragraph (7) for “prescribe” substitute “ determine ”.

3

In Article 50 of that Order (supervisory authorities: notification of barring etc. in respect of children)—

a

in paragraph (1)—

i

for “This Article” substitute “ Paragraph (2) ”,

ii

in sub-paragraph (a) omit “newly”,

iii

at the end of sub-paragraph (a) insert “ or ”,

iv

in sub-paragraph (b) for “becomes” substitute “ is ”, and

v

omit sub-paragraph (c) and the word “or” before it,

b

in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,

c

after paragraph (2) insert—

2A
The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.

d

in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

e

in paragraph (5)—

i

after “withdrawn if” insert

—
a

ii

for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

f

also in paragraph (5), at the end, insert

, or
b
the Secretary of State cancels the application on either of the following grounds—
i
that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or
ii
that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

I1g

in paragraph (8) for “prescribe” substitute “ determine ”.

4

In Article 51 of that Order (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—

a

in paragraph (1)—

i

for “This Article” substitute “ Paragraph (2) ”,

ii

in sub-paragraph (a) omit “newly”,

iii

at the end of sub-paragraph (a) insert “ or ”,

iv

in sub-paragraph (b) for “becomes” substitute “ is ”, and

v

omit sub-paragraph (c) and the word “or” before it,

b

in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,

c

after paragraph (2) insert—

2A
The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.

d

in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

e

in paragraph (5)—

i

after “withdrawn if” insert

—
a

ii

for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

f

also in paragraph (5), at the end, insert

, or
b
the Secretary of State cancels the application on either of the following grounds—
i
that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or
ii
that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

I1g

in paragraph (8) for “prescribe” substitute “ determine ”.

I15

In Article 52 of that Order (provision of information to supervisory authorities)—

a

in paragraph (2) for “must” substitute “ may (whether on an application by the authority or otherwise) ”,

b

in paragraph (3)—

i

in sub-paragraph (b), after “the authority” insert “ which is mentioned in Article 47(7) ”, and

ii

for the words from “or information” to “occurred” substitute “ or of any circumstance mentioned in Article 50(1) or 51(1) ”, and

c

after paragraph (3) insert—

4
A supervisory authority may apply to ISA under this Article only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in Article 47(7).
5
The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article.