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

http://www.legislation.gov.uk/ukpga/2012/9/schedule/7/paragraph/14

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

Minor amendments

I114

1

Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced, would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 in connection with the notification of proposals to include persons in barred lists).

2

After Article 10(8) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity providers) insert—

8A
An authority that is an authority for the purposes of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or Article 18C of the Children Order (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under that section or Article.

3

In Article 41 of the Order of 2007 (education and library boards and HSC bodies: duty 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”, and

d

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

I24

In Article 52A(1) of that Order (power for ISA to provide information to the police for use for certain purposes)—

a

for the words “or the chief constable of a police force in England, Wales or Scotland” substitute “ , a chief officer of police or the chief constable of a police force in Scotland ”, and

b

after sub-paragraph (b), insert—

c
the appointment of persons who are under the direction and control of the chief constable or (as the case may be) chief officer;
d
any prescribed purpose

5

After Article 52A(1) of that Order insert—

1A
ISA must, for use for any of the purposes mentioned in paragraph (1), provide to any chief constable or chief officer mentioned in that paragraph who has requested it a barred list or information as to whether a particular person is barred.
1B
ISA may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which ISA reasonably believes to be relevant to that authority.
1C
ISA must, for use for the purposes of the protection of children or vulnerable adults, provide to any relevant authority who has requested it information as to whether a particular person is barred.
1D
In this Article “relevant authority” means—
a
the Department of Justice, exercising functions in relation to prisons and youth justice,
b
the Probation Board for Northern Ireland, or
c
an HSC body.

6

After paragraph 5 of Schedule 2 to that Order (regulated activity relating to children) insert—

Guidance
5A
1
The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children.
2
The Secretary of State must publish guidance given under this paragraph.
3
A regulated activity provider or a personnel supplier must, in exercising any functions under this Order, have regard to guidance for the time being given under this paragraph.