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Protection of Freedoms Act 2012

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Changes to legislation:

Protection of Freedoms Act 2012, SCHEDULE 9 is up to date with all changes known to be in force on or before 29 May 2017. 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

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Section 115(1)

SCHEDULE 9E+W+S+N.I.Consequential amendments

This schedule has no associated Explanatory Notes

Part 1 E+W+S+N.I.Destruction, retention and use of fingerprints etc.

House of Commons Disqualification Act 1975E+W+S+N.I.

1In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Commissioner for the Retention and Use of Biometric Material ”.E+W+S+N.I.

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Commencement Information

I1Sch. 9 para. 1 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)

Northern Ireland Assembly Disqualification Act 1975E+W+S+N.I.

2In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Commissioner for the Retention and Use of Biometric Material ”.E+W+S+N.I.

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Commencement Information

I2Sch. 9 para. 2 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)

Police and Criminal Evidence Act 1984E+W+S+N.I.

3(1)The Police and Criminal Evidence Act 1984 is amended as follows.E+W+S+N.I.

(2)In section 63 (non-intimate samples), in subsection (3A)(c)(i) (as amended by section 2 of the Crime and Security Act 2010), for “64ZA” substitute “ 63R ”.

(3)Omit section 64 (as not substituted by section 14(1) of the Crime and Security Act 2010) (destruction of fingerprints and samples).

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Commencement Information

I3Sch. 9 para. 3 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)

Crime and Security Act 2010E+W+S+N.I.

4(1)The Crime and Security Act 2010 is amended as follows.E+W+S+N.I.

(2)Omit sections 14, 16 to 19 and 21 to 23 (retention, destruction and use of fingerprints and samples etc.).

(3)In section 58 (extent) omit subsections (4) and (6) to (8).

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Commencement Information

I4Sch. 9 para. 4 in force at 31.10.2013 by S.I. 2013/2104, art. 3(c)

Part 2 E+W+S+N.I.The Surveillance Camera Commissioner

House of Commons Disqualification Act 1975E+W+S+N.I.

5In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Surveillance Camera Commissioner ”.E+W+S+N.I.

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Commencement Information

I5Sch. 9 para. 5 in force at 1.7.2012 by S.I. 2012/1205, art. 3(aa)

Part 3 E+W+S+N.I.Safeguards for certain surveillance under RIPA

Regulation of Investigatory Powers Act 2000E+W+S+N.I.

6The Regulation of Investigatory Powers Act 2000 is amended as follows.E+W+S+N.I.

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Commencement Information

I6Sch. 9 para. 6 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

7In section 22(6) (duty of postal or telecommunications operator to comply with notice to obtain and disclose communications data) after “shall” insert “ , subject to section 23A, ”.E+W+S+N.I.

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Commencement Information

I7Sch. 9 para. 7 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

8After section 23(2) (form and duration of authorisations and notices relating to communications data) insert—E+W+S+N.I.

(2A)The words in paragraph (a) of subsections (1) and (2) from “or” to the end of the paragraph do not apply in relation to—

(a)an authorisation under section 22(3), (3B) or (3F) to which section 23A applies, or

(b)a notice under section 22(4) to which section 23A applies.

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Commencement Information

I8Sch. 9 para. 8 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

9(1)Section 43 (general rules about grant, renewal and duration of authorisations relating to surveillance and human intelligence sources) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)Subsection (1)(a) does not apply in relation to an authorisation under section 28 or 29 to which section 32A applies.

(3)In subsection (9)(c) after “section” insert “ 32A or ”.

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Commencement Information

I9Sch. 9 para. 9 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

10(1)Section 57 (Interception of Communications Commissioner) is amended as follows.E+W+S+N.I.

(2)In subsection (2) for “subsection (4)” substitute “ subsections (4) and (4A) ”.

(3)After subsection (4) insert—

(4A)It shall not be the function of the Interception of Communications Commissioner to keep under review the exercise by the relevant judicial authority (within the meaning of section 23A) of functions under that section or section 23B.

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Commencement Information

I10Sch. 9 para. 10 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

11After section 62(2) (functions of Chief Surveillance Commissioner) insert—E+W+S+N.I.

(2A)It shall not by virtue of this section be the function of the Chief Surveillance Commissioner to keep under review the exercise by a judicial authority of functions under section 32A or 32B.

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Commencement Information

I11Sch. 9 para. 11 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

12(1)Section 65 (the Tribunal) is amended as follows.E+W+S+N.I.

(2)In subsection (7) after “but” insert “ , subject to subsection (7ZA), ”.

(3)After subsection (7) insert—

(7ZA)The exception in subsection (7) so far as conduct is authorised by, or takes place with the permission of, a judicial authority does not include conduct authorised by an approval given under section 23A or 32A.

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Commencement Information

I12Sch. 9 para. 12 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

13In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and before “and”), insert—E+W+S+N.I.

(aa)an order quashing an order under section 23A or 32A by the relevant judicial authority (within the meaning of that section);.

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Commencement Information

I13Sch. 9 para. 13 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

14In section 71(2) (issue and revision of codes of practice) after “Commissioners” insert “ or the relevant judicial authority (within the meaning of section 23A or 32A) ”.E+W+S+N.I.

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Commencement Information

I14Sch. 9 para. 14 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

15After section 77 (Ministerial expenditure etc.) insert—E+W+S+N.I.

77AProcedure for order of sheriff under section 23A or 32A: Scotland

(1)This section applies to an application to the sheriff for an order under section 23A or 32A.

(2)Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular—

(a)require the sheriff to determine an application in private,

(b)secure that any hearing is to be held in private, and

(c)ensure that notice of an application (or of any order being made) is not given to—

(i)the person to whom the authorisation or notice which is the subject of the application or order relates, or

(ii)such a person's representatives.

(3)The Court of Session's power under section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate and prescribe the procedure and practice to be followed in relation to an application to which this section applies is subject to, but is not otherwise constrained by, sections 23B and 32B and this section.

77BProcedure for order of district judge under section 23A or 32A: Northern Ireland

(1)The Lord Chancellor may by order make further provision about the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section 23A or 32A.

(2)Such an order may, in particular, provide—

(a)for the manner in which, and time within which, an application may be made,

(b)that the district judge (magistrates' courts) is to determine an application—

(i)in chambers,

(ii)in the absence of the person to whom the authorisation or notice which is the subject of the application relates,

(c)that any hearing is to be held in private,

(d)that notice of an order given is not to be given to—

(i)the person to whom the authorisation or notice which is the subject of the order relates, or

(ii)such a person's legal representatives.

(3)An order of the Lord Chancellor under this section may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998).

(4)The power of the Magistrates' Courts Rules Committee under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to regulate and prescribe the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section 23A or 32A is subject to, but is not otherwise constrained by, sections 23B and 32B and any order made under this section.

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Commencement Information

I15Sch. 9 para. 15 in force at 1.11.2012 for specified purposes by S.I. 2012/2075, art. 4(e)

16In section 78 (orders, regulations and rules)—E+W+S+N.I.

(a)in subsection (1) after “the Secretary of State” insert “ or the Lord Chancellor ”,

(b)in subsection (3)(a)—

(i)after “22(9),” insert “ 23A(6), ”, and

(ii)after “30(7),” insert “ 32A(7), ”, and

(c)in subsection (5) after “the Secretary of State” insert “ or (as the case may be) the Lord Chancellor ”.

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Commencement Information

I16Sch. 9 para. 16 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

17After section 81(8) (general interpretation) insert—E+W+S+N.I.

(9)References in this Act to provision which, if it were contained in an Act of the Northern Ireland Assembly, would deal with a Northern Ireland transferred matter or (as the case may be) a transferred matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3)) do not include references to any such provision which would be ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).

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Commencement Information

I17Sch. 9 para. 17 in force at 1.11.2012 by S.I. 2012/2075, art. 4(d)

Part 4 E+WVehicles left on land

Road Traffic Regulation Act 1984E+W

18(1)Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles) is amended as follows.E+W

(2)In subsection (1)(b) for “, or from land in the open air,” substitute “ or other land ”.

(3)In subsection (8), in the definition of “appropriate authority”, in paragraph (b), for “land in the open air” substitute “ other land ”.

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Commencement Information

I18Sch. 9 para. 18 in force at 1.10.2012 by S.I. 2012/2075, art. 3(g)

Airports Act 1986E+W

19(1)Section 66 of the Airports Act 1986 (functions of operators of designated airports as respects abandoned vehicles) is amended as follows.E+W

(2)In subsection (2)(a) for the words from “from roads if” to “abandoned” substitute “ illegally, obstructively or dangerously parked, or abandoned or broken down ”.

(3)In subsection (3)—

(a)omit paragraph (b) (but not the word “or” at the end of the paragraph), and

(b)in paragraph (c), for “any of those sections” substitute “ that section ”.

(4)In the heading, after “abandoned vehicles” insert “ etc. ”.

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Commencement Information

I19Sch. 9 para. 19 in force at 1.10.2012 by S.I. 2012/2075, art. 3(g)

Private Security Industry Act 2001E+W

20(1)The Private Security Industry Act 2001 is amended as follows.E+W

(2)In section 3(2) (conduct subject to a licence)—

(a)after paragraph (h) insert “ or ”, and

(b)omit paragraph (j) and the word “or” before it.

(3)In section 4A(2) (licensable conduct)—

(a)omit paragraph (a),

(b)omit paragraph (b) and the word “or” at the end of the paragraph, and

(c)in paragraph (c), omit “other”.

(4)Omit section 6 (offence of using unlicensed wheel-clampers).

(5)Omit section 22A (charges for vehicle release: appeals).

(6)In section 24(4) (orders and regulations) omit the words from “(except” to “or 22A)”.

(7)In section 25(1) (interpretation) omit the definition of “motor vehicle”.

(8)In Schedule 2 (activities liable to control) omit the following—

(a)paragraph 3,

(b)paragraph 3A,

(c)paragraph 9, and

(d)paragraph 9A.

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Commencement Information

I20Sch. 9 para. 20 in force at 1.10.2012 by S.I. 2012/2075, art. 3(g)

Part 5 E+W+S+N.I.Counter-terrorism powers

Police and Criminal Evidence Act 1984E+W+S+N.I.

21After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of practice in relation to statutory search powers etc.) insert—E+W+S+N.I.

(3)Nothing in this section requires the Secretary of State to issue a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).

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Commencement Information

I21Sch. 9 para. 21 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))E+W+S+N.I.

22In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice in relation to statutory search powers etc.)—E+W+S+N.I.

(a)the existing provisions become paragraph (1), and

(b)after that paragraph insert—

(2)Nothing in this Article requires the issuing of a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).

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Commencement Information

I22Sch. 9 para. 22 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Terrorism Act 2000E+W+S+N.I.

23The Terrorism Act 2000 is amended as follows.E+W+S+N.I.

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Commencement Information

I23Sch. 9 para. 23 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

24In the italic cross-heading before section 40, after “Suspected terrorists” insert “ etc. ”.E+W+S+N.I.

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Commencement Information

I24Sch. 9 para. 24 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

25(1)Section 123 (orders and regulations) is amended as follows.E+W+S+N.I.

(2)In subsection (4), after paragraph (aa), insert—

(ab)section 47AB;.

(3)In subsection (5), after “paragraph (aa)” insert “ , (ab) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 9 para. 25 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

26(1)Schedule 8 (detention) is amended as follows.E+W+S+N.I.

(2)In paragraph 36, in sub-paragraph (1A), for the words from “is” to the end of the sub-paragraph substitute “ is a judicial authority ”.

(3)In paragraph 36 omit—

(a)sub-paragraph (1B),

(b)in sub-paragraph (3AA), the words “or senior judge” in both places where they appear,

(c)in sub-paragraph (4), the words from “but” onwards,

(d)in sub-paragraph (5), the words “or senior judge”, and

(e)sub-paragraph (7).

(4)In paragraph 37(2) omit “or senior judge”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 9 para. 26 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Regulation of Investigatory Powers Act 2000E+W+S+N.I.

27In paragraph 6(3) of Schedule 2 to the Regulation of Investigatory Powers Act 2000 (general requirements relating to the appropriate permission)—E+W+S+N.I.

(a)in paragraph (a)—

(i)for “section 44” substitute “ section 47A ”, and

(ii)after “(power to stop and search)” insert “ (including that section as it had effect by virtue of the Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631) ”,

(b)in paragraph (b)—

(i)at the beginning insert “ section 44 of the Terrorism Act 2000 or ”, and

(ii)for the words from “had” to “section 44 of the Terrorism Act 2000” substitute “ previously had effect for similar purposes ”, and

(c)after “mentioned in” insert “ paragraph 14(1) and (2) of Schedule 6B to that Act of 2000 (see the definition of “senior police officer”), ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 9 para. 27 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Criminal Justice and Police Act 2001E+W+S+N.I.

28In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), after paragraph 69 and the italic cross-heading relating to the Terrorism Act 2000, insert—E+W+S+N.I.

69AThe power of seizure conferred by section 43(4B)(b) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle in relation to a person suspected of being a terrorist).

69BThe power of seizure conferred by section 43A(3) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle suspected of being used for the purposes of terrorism).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 9 para. 28 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

29In Part 2 of that Schedule to that Act (powers of seizure to which section 51 of that Act applies) after paragraph 82 insert—E+W+S+N.I.

82AThe power of seizure conferred by section 43A(3) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle suspected of being used for the purposes of terrorism)..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 9 para. 29 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Police Reform Act 2002E+W+S+N.I.

F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 9 para. 30 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 28

Police (Northern Ireland) Act 2003E+W+S+N.I.

31In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (powers of stop and search for community support officers)—E+W+S+N.I.

(a)in sub-paragraph (1)—

(i)for “sections 44(1)(a) and (d) and (2)(b) and 45(2)” substitute “ section 47A(2)(a) and (d), (3)(b) and (6) ”,

(ii)in paragraph (d) for “any article” substitute “ anything which is ”, and

(iii)also in paragraph (d), for “section 44(1) or (2) of that Act” substitute “ section 47A(2) or (3) of that Act and which he reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b) of that Act ”, and

(b)in sub-paragraph (2) for “subsections (1) and (4) of section 45 of” substitute “ subsections (4) and (5) of section 47A of, and paragraphs 1 and 2 of Schedule 6B to, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 9 para. 31 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Terrorism Act 2006E+W+S+N.I.

32In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—E+W+S+N.I.

(a)in subsections (3) and (4) for “under this section” substitute “ under subsection (2) ”,

(b)in subsection (5) after “Parliament” insert “ as soon as the Secretary of State is satisfied that doing so will not prejudice any criminal proceedings ”,

(c)in subsection (6) for “to carry out a review under this section” substitute “ under subsection (1) ”, and

(d)after subsection (6) insert—

(6A)The expenses mentioned in subsection (6) include, in particular, any expenses incurred by the person appointed under subsection (1) in ensuring that another person carries out a review of the kind mentioned in subsection (4A) and reports on it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 9 para. 32 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Counter-Terrorism Act 2008E+W+S+N.I.

33In section 1(1) of the Counter-Terrorism Act 2008 (power to remove documents for examination), after paragraph (b), insert—E+W+S+N.I.

(ba)section 43(4B) of that Act (search of vehicle in relation to suspected terrorist);

(bb)section 43A of that Act (search of vehicle suspected of being used for the purposes of terrorism);.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 9 para. 33 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)E+W+S+N.I.

34The Terrorism Act 2000 (Remedial) Order 2011 is revoked.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 9 para. 34 in force at 10.7.2012 by S.I. 2012/1205, art. 4(k)

Part 6 E+W+N.I.Safeguarding of vulnerable groups

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Sch. 9 Pt. 6 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), arts. 1(2)(3), 4(1)(3), Sch. 2 (with art. 5)

C2Sch. 9 Pt. 6 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(2), Sch. 2

Police Act 1997E+W+N.I.

35The Police Act 1997 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 9 para. 35 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(aa)(i)

36In section 113A (criminal record certificates) omit subsection (10).E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 9 para. 36 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(aa)(i)

37In section 113B (enhanced criminal record certificates) omit subsection (13).E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 9 para. 37 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(aa)(i)

38In section 113BA(2) (suitability information relating to children) omit paragraphs (b) to (d).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 9 para. 38 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(aa)(i)

39In section 113BB(2) (suitability information relating to vulnerable adults) omit paragraphs (b) to (d).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 9 para. 39 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(aa)(i)

40(1)Section 119 (sources of information) is amended as follows.E+W

(2)In subsection (2) omit “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”.

(3)In subsection (8)—

(a)omit paragraph (c), and

(b)in paragraph (d) for “that Act” substitute “ the Safeguarding Vulnerable Groups Act 2006 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 9 para. 40 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(aa)(i)

41In section 119B(5) (independent monitor) omit paragraphs (d) and (e).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 9 para. 41 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(aa)(i)

42(1)Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.E+W

(2)In subsection (3A) omit paragraphs (b) and (c).

(3)Omit subsections (3B) and (3C).

(4)In subsection (3D)—

(a)for “subsections (3A) to (3C)” substitute “ subsection (3A) ”,

(b)for “those subsections” substitute “ that subsection ”, and

(c)omit the words from “, except” to the end of the subsection.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 9 para. 42 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(aa)(i)

Safeguarding Vulnerable Groups Act 2006E+W

43The Safeguarding Vulnerable Groups Act 2006 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 9 para. 43 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(aa)(ii)

44In section 4(1) (appeals)—E+W

(a)omit paragraph (a),

(b)in paragraph (b)—

(i)after “paragraph” insert “ 2, ”,

(ii)after “5,” insert “ 8, ”, and

(iii)for “that Schedule” substitute “ Schedule 3 ”, and

(c)in paragraph (c) for “or 18” substitute “ , 18 or 18A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 9 para. 44 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(aa)(ii)

45In section 5(4) (regulated activity)—E+W

(a)omit “section 10(3);”, and

(b)omit “paragraph 4 of Schedule 6”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 9 para. 45 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(aa)(ii)

46In section 6(8) (regulated activity providers)—E+W

(a)in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or 8(1)(a), (d) or (e)” substitute “ paragraph 1(9) or 7(9) ”,

(b)omit paragraph (c), and

(c)in paragraph (d)—

(i)for “paragraph (a), (b) or (f) of section 59(10)” substitute “ paragraph 7(3E)(a) or (b) of Schedule 4 ”, and

(ii)for “mentioned in that paragraph” substitute “ exercisable by virtue of that position ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 9 para. 46 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(aa)(ii)

47In section 7(5) (barred person not to engage in regulated activity) omit paragraphs (b) and (c).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 9 para. 47 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(aa)(ii)

48Omit section 8 (person not to engage in regulated activity unless subject to monitoring).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 9 para. 48 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(aa)(ii)

49In section 9(5) (use of barred person for regulated activity) omit paragraphs (b) and (c).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 9 para. 49 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(aa)(ii)

50Omit section 10 (use of person not subject to monitoring for regulated activity).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 9 para. 50 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(aa)(ii)

51Omit section 11 and Schedule 5 (regulated activity provider: failure to check).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 9 para. 51 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(aa)(ii)

52Omit section 12 and Schedule 6 (personnel suppliers: failure to check).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 9 para. 52 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(aa)(ii)

53Omit section 13 (educational establishments: check on members of governing body).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 9 para. 53 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(aa)(ii)

54Omit section 14 (office holders: offences).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 9 para. 54 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(aa)(ii)

55Omit section 15 (sections 13 and 14: checks).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 9 para. 55 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(aa)(ii)

56Omit section 16 (exception to requirement to make monitoring check).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 9 para. 56 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(aa)(ii)

57Omit section 17 (NHS employment).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 9 para. 57 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(aa)(ii)

58(1)Section 18 (offences: companies etc.) is amended as follows.E+W

(2)In subsection (1)—

(a)omit “, 10, 11, 23, 27”, and

(b)omit “or Schedule 6”.

(3)In subsection (2)—

(a)omit “, 10, 11, 23, 27”, and

(b)omit “or Schedule 6”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 9 para. 58 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(aa)(ii)

59(1)Section 19 (offences: other persons) is amended as follows.E+W

(2)Omit subsection (1).

(3)Omit subsections (3) and (4).

(4)Omit subsections (6) and (7).

(5)In subsection (8)—

(a)for “subsections (2)(b) and (3)(b)” substitute “ subsection (2)(b) ”, and

(b)omit paragraphs (b) and (c).

(6)Omit subsection (9).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 9 para. 59 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(aa)(ii)

60In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 9 para. 60 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(aa)(ii)

61In section 35 (regulated activity providers: duty to refer)—E+W

(a)in subsection (1), omit paragraph (b), and

(b)omit subsection (6).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 9 para. 61 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(aa)(ii)

62(1)Section 36 (personnel suppliers: duty to refer) is amended as follows.E+W

(2)In subsection (1) omit “or controlled activity”.

(3)In subsection (3)(a) omit “or controlled”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 9 para. 62 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(aa)(ii)

63(1)Section 37 (regulated activity providers: duty to provide information on request etc.) is amended as follows.E+W

(2)In subsection (2)—

(a)omit paragraph (b), and

(b)in paragraph (d), omit “or controlled”.

(3)In subsection (4) omit “or controlled”.

(4)In subsection (5) omit “or controlled”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 9 para. 63 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(aa)(ii)

64In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3 for “Either of” substitute “ Any of ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 9 para. 64 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(aa)(ii)

65(1)Section 50A (provision of information to the police) is amended as follows.E+W

(2)In subsection (2) for “power conferred by subsection (1) does” substitute “ powers conferred by this section do ”.

(3)In subsection (3) for “subsection (1)” substitute “ this section ”.

(4)In the heading to section 50A, and in the italic cross-heading before it, after “police” insert “ etc. ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 9 para. 65 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(aa)(ii)

66In section 51(5) (Crown application) omit paragraph (b).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I65Sch. 9 para. 66 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(aa)(ii)

67(1)Section 54 (devolution: alignment) is amended as follows.E+W

(2)In subsection (2) omit paragraph (a).

(3)In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).

(4)In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).

(5)Omit subsection (5).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 9 para. 67 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(aa)(ii)

68(1)Section 56 (devolution: Wales) is amended as follows.E+W

(2)Omit subsection (1).

(3)In subsection (2)—

(a)in paragraph (a) for “45(1), (5) or (9)” substitute “ 45(9) ”,

(b)omit paragraph (c), and

(c)in paragraphs (d) and (e), omit “or (8)”.

(4)In subsection (3)—

(a)omit paragraphs (b) to (f),

(b)after paragraph (f) insert—

(fa)section 34ZA(7),,

(c)omit paragraph (j),

(d)in paragraph (l) for “41(1), (5) or (8)” substitute “ 41(8) ”,

(e)omit paragraph (n),

(f)in paragraph (r) for “7(1)(f)” substitute “ 7(1)(f) or (g) ”, and

(g)omit paragraphs (s) and (t).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I67Sch. 9 para. 68(1)-(3) (4)(a) (4)(c)-(g) 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(aa)(iii)

69In section 57(1)(c) (damages) omit “prescribed”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 9 para. 69 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(aa)(iv)

70(1)Section 60 (interpretation) is amended as follows.E+W

(2)In subsection (1), in paragraph (b) of the definition of “personnel supplier”, omit “or controlled”.

(3)Omit subsection (3).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 9 para. 70 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(aa)(iv)

71In section 61(3) (orders and regulations)—E+W

(a)omit paragraphs (b) to (e),

(b)at the end of paragraph (h) insert “ or ”, and

(c)omit paragraph (j) and the word “or” before it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I70Sch. 9 para. 71 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(aa)(iv)

72(1)Schedule 3 (barred lists) is amended as follows.E+W

(2)In paragraph 24, omit sub-paragraphs (8) and (9).

(3)In paragraph 25(1) after “will” insert “ or (as the case may be) may ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 9 para. 72 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(aa)(iv)

73(1)Schedule 7 (vetting information) is amended as follows.E+W

(2)In paragraph 1—

(a)for “sections 30 and 32” substitute “ sections 30A and 30B ”, and

(b)omit entries 3, 4, 7, 8 and 17 in the table.

(3)Omit paragraph 3(3).

(4)In the heading to the Schedule for “VETTING INFORMATION” substitute “ BARRING INFORMATION ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 9 para. 73 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(aa)(iv)

74In Schedule 8 (transitional provisions) omit paragraph 5.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I73Sch. 9 para. 74 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(aa)(iv)

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007N.I.

75The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 9 para. 75 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(aa)(v)

76(1)Article 2 (interpretation) is amended as follows.N.I.

(2)In the first paragraph (2)—

(a)omit the definition of “institution of further education”, and

(b)in the definition of “personnel supplier”, in sub-paragraph (b), omit “or controlled”.

(3)Renumber the second paragraph (2) as paragraph (2A).

(4)Omit paragraph (3).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 9 para. 76 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(aa)(v)

77In Article 8(1) (appeals)—N.I.

(a)omit sub-paragraph (a),

(b)in sub-paragraph (b)—

(i)after “paragraph” insert “ 2, ”,

(ii)after “5,” insert “ 8, ”, and

(iii)for “that Schedule” substitute “ Schedule 1 ”, and

(c)in sub-paragraph (c) for “or 18” substitute “ , 18 or 18A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I76Sch. 9 para. 77 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(aa)(v)

78In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I77Sch. 9 para. 78 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(aa)(v)

79In Article 10(8) (regulated activity providers)—N.I.

(a)omit sub-paragraphs (a) and (c), and

(b)in sub-paragraph (d)—

(i)for “sub-paragraph (a) or (c) of Article 3(10)” substitute “ paragraph 7(3E)(a) or (c) of Schedule 2 ”, and

(ii)for “mentioned in that paragraph” substitute “ exercisable by virtue of that position ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I78Sch. 9 para. 79 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(aa)(v)

80In Article 11(5) (barred person not to engage in regulated activity) omit sub-paragraphs (b) and (c).N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I79Sch. 9 para. 80 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(aa)(v)

81Omit Article 12 (person not to engage in regulated activity unless subject to monitoring).N.I.

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I80Sch. 9 para. 81 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(aa)(v)

82In Article 13(5) (use of barred person for regulated activity) omit sub-paragraphs (b) and (c).N.I.

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Commencement Information

I81Sch. 9 para. 82 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(aa)(v)

83Omit Article 14 (use of person not subject to monitoring for regulated activity).N.I.

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Commencement Information

I82Sch. 9 para. 83 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(aa)(v)

84Omit Article 15 and Schedule 3 (regulated activity provider: failure to check).N.I.

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Commencement Information

I83Sch. 9 para. 84 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(aa)(v)

85Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).N.I.

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Commencement Information

I84Sch. 9 para. 85 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(aa)(v)

86Omit Article 17 (educational establishments: check on members of governing body).N.I.

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Commencement Information

I85Sch. 9 para. 86 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(aa)(v)

87Omit Article 18 (office holders: offences).N.I.

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Commencement Information

I86Sch. 9 para. 87 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(aa)(v)

88Omit Article 19 (Articles 17 and 18: checks).N.I.

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Commencement Information

I87Sch. 9 para. 88 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(aa)(v)

89Omit Article 20 (exception to requirement to make monitoring check).N.I.

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Commencement Information

I88Sch. 9 para. 89 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(aa)(v)

90Omit Article 21 (HSS employment).N.I.

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Commencement Information

I89Sch. 9 para. 90 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(aa)(v)

91(1)Article 22 (offences: companies etc.) is amended as follows.N.I.

(2)In paragraph (1)—

(a)omit “, 14, 15, 27, 31”, and

(b)omit “or Schedule 4”.

(3)In paragraph (2)—

(a)omit “, 14, 15, 27, 31”, and

(b)omit “or Schedule 4”.

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Commencement Information

I90Sch. 9 para. 91 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(aa)(v)

92(1)Article 23 (offences: other persons) is amended as follows.N.I.

(2)Omit paragraph (1).

(3)Omit paragraphs (3) and (4).

(4)Omit paragraphs (6) and (7).

(5)In paragraph (8)—

(a)for “paragraphs (2)(b) and (3)(b)” substitute “ paragraph (2)(b) ”, and

(b)omit sub-paragraphs (b) and (c).

(6)Omit paragraph (9).

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Commencement Information

I91Sch. 9 para. 92 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(aa)(v)

93In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).N.I.

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Commencement Information

I92Sch. 9 para. 93 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(aa)(v)

94In Article 37 (regulated activity providers: duty to refer)—N.I.

(a)in paragraph (1), omit sub-paragraph (b), and

(b)omit paragraph (6).

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Commencement Information

I93Sch. 9 para. 94 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(aa)(v)

95(1)Article 38 (personnel suppliers: duty to refer) is amended as follows.N.I.

(2)In paragraph (1) omit “or controlled activity”.

(3)In paragraph (3)(a) omit “or controlled”.

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Commencement Information

I94Sch. 9 para. 95 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(aa)(v)

96(1)Article 39 (regulated activity providers: duty to provide information on request etc.) is amended as follows.N.I.

(2)In paragraph (2)—

(a)omit sub-paragraph (b), and

(b)in sub-paragraph (d), omit “or controlled”.

(3)In paragraph (4) omit “or controlled”.

(4)In paragraph (5) omit “or controlled”.

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Commencement Information

I95Sch. 9 para. 96 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(aa)(v)

97(1)Article 52A (provision of information to the police) is amended as follows.N.I.

(2)In paragraph (2) for “power conferred by paragraph (1) does” substitute “ powers conferred by this Article do ”.

(3)In the heading to Article 52A, after “Police”, insert “ etc. ”.

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Commencement Information

I96Sch. 9 para. 97 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(aa)(v)

98In Article 53(5) (Crown application), omit sub-paragraph (b).N.I.

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Commencement Information

I97Sch. 9 para. 98 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(aa)(v)

99(1)Article 56 (alignment with rest of UK) is amended as follows.N.I.

(2)In paragraph (2) omit sub-paragraph (a).

(3)In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of it).

(4)In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of it).

(5)Omit paragraph (5).

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Commencement Information

I98Sch. 9 para. 99 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(aa)(v)

100In Article 57(1)(c) (damages) omit “prescribed”.N.I.

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Commencement Information

I99Sch. 9 para. 100 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(aa)(v)

101(1)Schedule 1 (barred lists) is amended as follows.N.I.

(2)In paragraph 24, omit sub-paragraphs (8) and (9).

(3)In paragraph 25(1) after “will” insert “or (as the case may be) “ may ”.

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Commencement Information

I100Sch. 9 para. 101 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(aa)(v)

102(1)Schedule 5 (vetting information) is amended as follows.N.I.

(2)In paragraph 1—

(a)for “Articles 32 and 34” substitute “ Articles 32A and 32B ”, and

(b)omit entries 3, 4, 7, 8 and 17 in the table.

(3)Omit paragraph 3(3).

(4)In the heading to the Schedule for “VETTING INFORMATION” substitute “ BARRING INFORMATION ”.

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Commencement Information

I101Sch. 9 para. 102 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(aa)(v)

103In Schedule 6 (transitional provisions) omit paragraph 5.N.I.

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Commencement Information

I102Sch. 9 para. 103 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(aa)(v)

Part 7 E+WCriminal records

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Modifications etc. (not altering text)

C3Sch. 9 Pt. 7 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), arts. 1(2)(3), 4(1)(4), Sch. 3 (with art. 5)

C4Sch. 9 Pt. 7 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(3), Sch. 3

Police Act 1997E+W

104The Police Act 1997 is amended as follows.E+W

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Commencement Information

I103Sch. 9 para. 104 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(aa)(vi)

105In section 113BC(1) (suitability information: power to amend), after paragraph (b), insert ; E+W

(c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).

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Commencement Information

I104Sch. 9 para. 105 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(aa)(vi)

106In section 114(3) (application of other provisions of Part 5 to an application under that section), for “Section 113A(3) to (6)” substitute “ Sections 113A(3) to (6), 120AC and 120AD ”.E+W

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Commencement Information

I105Sch. 9 para. 106 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(aa)(vi)

107In section 116(3) (application of other provisions of Part 5 to an application under that section), for “and 113BA to 113BC” substitute “ , 113BA to 113BC, 120AC and 120AD ”.E+W

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Commencement Information

I106Sch. 9 para. 107 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(aa)(vi)

108(1)Section 117 (disputes about accuracy of certificates) is amended as follows.E+W

(2)In the title, for “accuracy of certificates” substitute “ certificates and up-date information ”.

(3)After subsection (1A) insert—

(1B)Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to the Secretary of State for corrected up-date information.

(4)In subsection (2)—

(a)after “inaccurate” insert “ , or that the wrong up-date information has been given, ”, and

(b)after “new certificate” insert “ or (as the case may be) corrected up-date information ”.

(5)After subsection (2) insert—

(2A)In this section—

  • corrected up-date information”, in relation to a certificate, means information which includes—

    (a)

    information that the wrong up-date information was given in relation to the certificate on a particular date, and

    (b)

    new up-date information in relation to the certificate,

  • up-date information” has the same meaning as in section 116A.

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Commencement Information

I107Sch. 9 para. 108 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(i)

109(1)Section 118 (evidence of identity) is amended as follows.E+W

(2)In subsection (1)—

(a)after “consider” insert “ an application as mentioned in section 116A(4)(a) or (5)(a) or ”, and

(b)after “117” insert “ , 117A ”.

(3)After subsection (3) insert—

(3A)The Secretary of State by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling the Secretary of State to verify whether information in the possession of the Secretary of State that the Secretary of State considers may be relevant to the person's certificate does relate to that person.

(3B)If a person fails to comply with a requirement imposed under subsection (3A), the Secretary of State by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.

(4)In subsection (4) after “117” insert “ or 117A ”.

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Commencement Information

I108Sch. 9 para. 109(1)(2)(b)(4) 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(aa)(vii)

110(1)Section 119 (sources of information) is amended as follows.E+W

(2)In subsection (1A), after paragraph (a) (but before the word “or” at the end of the paragraph) insert—

(aa)the provision of up-date information under section 116A;.

(3)In subsection (1B), for the words from “determining” to the end substitute “ deciding whether to make a request to that chief officer under section 113B(4) ”.

(4)After subsection (2) insert—

(2A)Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.

(5)In subsection (4), at the end of paragraph (a), after “registration;” insert—

(aa)any application as mentioned in section 116A(4)(a) or (5)(a);.

(6)In subsection (8), at the end of paragraph (a), insert—

(aa)under this Part in relation to any request under section 116A(1);.

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Commencement Information

I110Sch. 9 para. 110(1)(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) by S.I. 2012/2234, art. 2(aa)(viii)

I111Sch. 9 para. 110(2)(4)-(6) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)

111(1)Section 119B (independent monitor) is amended as follows.E+W

(2)Omit subsection (5)(a).

(3)In subsection (5)(c), omit the words from “or disclosed” to the end.

(4)After subsection (5)(c) insert—

(ca)a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to the Secretary of State for the purpose of the provision by the Secretary of State of up-date information under section 116A.

(5)After subsection (8) insert—

(8A)The independent monitor has the functions conferred on the monitor by section 117A.

(6)In subsection (9) after “section” insert “ or section 117A ”.

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Commencement Information

I112Sch. 9 para. 111(1)-(3)(5)(6) 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(aa)(ix)

I113Sch. 9 para. 111(4) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)

112(1)Section 120 (registered persons) is amended as follows.E+W

(2)In subsection (2)—

(a)for the words from the beginning to “the”, where it first occurs, substitute “ The ”,

(b)after paragraph (a) insert “ and ”, and

(c)omit paragraph (c) and the word “and” before it.

(3)After that subsection insert—

(2A)Subsection (2) is subject to—

(a)regulations under section 120ZA,

(b)section 120A, and

(c)section 120AA and regulations made under that section.

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Commencement Information

I114Sch. 9 para. 112 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(aa)(x)

113After section 122(1) (code of practice) insert—E+W

(1A)The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.

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Commencement Information

I115Sch. 9 para. 113 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(iii)

Prospective

114Omit section 122(3A)(a) (power of Secretary of State to refuse to issue certificate where failure to comply with code of practice by, or in connection with, registered person).E+W

115(1)Section 124 (offences: disclosure) is amended as follows.E+W

(2)In subsection (4)—

(a)in paragraph (b), omit “(5) or”, and

(b)for “subsections (5) and (6)” substitute “ subsection (6) ”.

(3)Omit subsection (5).

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Commencement Information

I116Sch. 9 para. 115 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(aa)(x)

116(1)Section 124A (offences relating to disclosure of information obtained in connection with delegated function) is amended as follows.E+W

(2)In subsection (1)(c) omit “or registered person”.

(3)After subsection (6) insert—

(6A)For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).

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Commencement Information

I117Sch. 9 para. 116(1)(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) by S.I. 2012/2234, art. 2(aa)(xi)

117After section 125B(2) (form of applications) insert—E+W

(3)In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).

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Commencement Information

I118Sch. 9 para. 117 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(aa)(xii)

118In section 126(1) (interpretation of Part 5), in the definition of “certificate”, after “application” insert “but does not include any documents issued in response to—E+W

(a)a request under section 116A(1),

(b)an application as mentioned in section 116A(4)(a) or (5)(a), or

(c)a request under section 120AC or 120AD.”

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Commencement Information

I119Sch. 9 para. 118 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(aa)(xiii)

I120Sch. 9 para. 118 in force at 17.6.2013 in so far as not already in force by S.I. 2013/1180, art. 2(e)(iv)

Gambling Act 2005E+W+S

119In section 73(3) of the Gambling Act 2005 (procedure on consideration of application for licence)—E+W+S

(a)for “section 115” substitute “ section 113B ”, and

(b)at the end (and on a new line below paragraph (b)) insert “ or the production of up-date information (within the meaning given by section 116A of that Act) in relation to such a certificate, ”.

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Commencement Information

I121Sch. 9 para. 119(a) in force at 17.6.2013 for E.W. by S.I. 2013/1180, art. 2(e)(v)

I122Sch. 9 para. 119(b) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

National Health Service Act 2006E+W

120The National Health Service Act 2006 is amended as follows.E+W

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Commencement Information

I123Sch. 9 para. 120 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

121In section 129(6) (regulations as to pharmaceutical services), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.E+W

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Commencement Information

I124Sch. 9 para. 121 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

122In section 132(4) (persons authorised to provide pharmaceutical services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.E+W

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Commencement Information

I125Sch. 9 para. 122 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

123In section 147A(3) (performers of pharmaceutical services and assistants), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.E+W

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Commencement Information

I126Sch. 9 para. 123 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

National Health Service (Wales) Act 2006E+W

124The National Health Service (Wales) Act 2006 is amended as follows.E+W

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Commencement Information

I127Sch. 9 para. 124 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

125In section 72(3) (regulations as to general ophthalmic services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.E+W

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Commencement Information

I128Sch. 9 para. 125 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

126In section 83(6) (regulations as to pharmaceutical services), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.E+W

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Commencement Information

I129Sch. 9 para. 126 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

127In section 86(4) (persons authorised to provide pharmaceutical services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.E+W

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Commencement Information

I130Sch. 9 para. 127 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

128In section 105(3) (supplementary lists), in paragraph (g), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.E+W

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Commencement Information

I131Sch. 9 para. 128 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

Safeguarding Vulnerable Groups Act 2006E+W

129(1)Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists: information) is amended as follows.E+W

(2)In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute “ relevant chief officer ”.

(3)In sub-paragraph (3) after “which the” insert “ relevant ”.

(4)In sub-paragraph (5) for “chief officer of the relevant police force” substitute “ relevant chief officer ”.

(5)In sub-paragraph (7) for the definition of “relevant police force” substitute—

the relevant chief officer” means any chief officer of a police force who is identified by the Secretary of State for the purposes of this paragraph;.

(6)After sub-paragraph (7) insert—

(7A)Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.

(7)In sub-paragraph (8) for “which police forces are relevant police forces” substitute “ who is the relevant chief officer ”.

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Commencement Information

I132Sch. 9 para. 129 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(aa)(xiv)

Part 8 E+W+S+N.I.The Disclosure and Barring Service

Parliamentary Commissioner Act 1967E+W+S+N.I.

130In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) insert at the appropriate place— “ Disclosure and Barring Service. ”E+W+S+N.I.

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Commencement Information

I133Sch. 9 para. 130 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)

House of Commons Disqualification Act 1975E+W+S+N.I.

131(1)Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) is amended as follows.E+W+S+N.I.

(2)In Part 2 (bodies of which all members are disqualified) insert at the appropriate place— “ The Disclosure and Barring Service. ”

(3)In Part 3 (other disqualifying offices) insert at the appropriate place— “ Member of the staff of the Disclosure and Barring Service. ”

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Commencement Information

I134Sch. 9 para. 131 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)

Northern Ireland Assembly Disqualification Act 1975E+W+S+N.I.

132(1)Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) is amended as follows.E+W+S+N.I.

(2)In Part 2 (bodies of which all members are disqualified) insert at the appropriate place— “ The Disclosure and Barring Service. ”

(3)In Part 3 (other disqualifying offices) insert at the appropriate place— “ Member of the staff of the Disclosure and Barring Service. ”

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Commencement Information

I135Sch. 9 para. 132 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)

Freedom of Information Act 2000E+W+S+N.I.

133In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) insert at the appropriate place— “ The Disclosure and Barring Service. ”E+W+S+N.I.

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Commencement Information

I136Sch. 9 para. 133 in force at 15.10.2012 by S.I. 2012/2521, art. 2(e)

Part 9 E+WDisregarding certain convictions for buggery etc.

Rehabilitation of Offenders Act 1974E+W

134(1)Section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) is amended as follows.E+W

(2)In subsection (1) for “subsection (2)” substitute “ subsections (2), (5) and (6) ”.

(3)After subsection (4) insert—

(5)This Act does not apply to any disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012.

(6)Accordingly, references in this Act to a conviction or caution do not include references to any such disregarded conviction or caution.

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Commencement Information

I137Sch. 9 para. 134 in force at 1.10.2012 by S.I. 2012/2234, art. 3(o)

Police Act 1997E+W

135In section 113A(6) of the Police Act 1997 (criminal record certificates), in paragraph (b) of the definition of “relevant matter”, after “that Act” insert “ but excluding a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 ”.E+W

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Commencement Information

I138Sch. 9 para. 135 in force at 1.10.2012 by S.I. 2012/2234, art. 3(o)

Part 10 E+WTrafficking people for exploitation

Children and Young Persons Act 1933E+W

F2136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Commencement Information

I139Sch. 9 para. 136 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 3(b), 5-8)

Police and Criminal Evidence Act 1984E+W

137In section 65A of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of “qualifying offence”), in subsection (2)(p), for “59” substitute “ 59A ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 9 para. 137 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)

Proceeds of Crime Act 2002E+W

F3138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I141Sch. 9 para. 138 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 3(b), 5-8)

Criminal Justice Act 2003E+W

139In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified sexual offences), after paragraph 143, insert—E+W

143AAn offence under section 59A of that Act (trafficking for sexual exploitation).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 9 para. 139 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)

Sexual Offences Act 2003E+W

140(1)The Sexual Offences Act 2003 is amended as follows.E+W

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In Schedule 5 (relevant offences for the purposes of notification and orders), in paragraph 63, for “59” substitute “ 59A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I143Sch. 9 para. 140 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 3(b), 5-8)

Asylum and Immigration (Treatment of Claimants, etc) Act 2004E+W

F6141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I144Sch. 9 para. 141 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)

Serious Crime Act 2007E+W

142In Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales), in paragraph 2(2), for “59” substitute “ 59A ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 9 para. 142 in force at 6.4.2013 by S.I. 2013/470, art. 2(d) (with arts. 5-8)

Part 11 E+W+S+N.I.Stalking

Protection from Harassment Act 1997E+W

143(1)The Protection from Harassment Act 1997 is amended as follows.E+W

(2)In section 1(2) (circumstances in which a person ought to know that a course of conduct amounts to harassment) after “this section” insert “ or section 2A(2)(c) ”.

(3)In section 4 (putting people in fear of violence)—

(a)in subsection (5) after “section 2” insert “ or 2A ”, and

(b)in subsection (6) after “section 2” insert “ or 2A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 9 para. 143 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)

Crime and Disorder Act 1998E+W

144(1)Section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc.) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a)—

(i)after “section 2” insert “ or 2A ”, and

(ii)for “offence of harassment” substitute “ offences of harassment and stalking ”, and

(b)in paragraph (b)—

(i)after “section 4” insert “ or 4A ”, and

(ii)after “violence” insert “ and stalking involving fear of violence or serious alarm or distress ”.

(3)In subsection (5) for “the basic offence” substitute “ either basic offence ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 9 para. 144 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)

Criminal Justice and Police Act 2001E+W+S+N.I.

145In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), after paragraph 63, insert—E+W+S+N.I.

Protection from Harassment Act 1997E+W+S+N.I.

63AThe power of seizure conferred by section 2B(2) of the Protection from Harassment Act 1997 (seizure of material relevant to stalking).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 9 para. 145 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)

Sexual Offences Act 2003E+W+S+N.I.

146In Schedule 5 to the Sexual Offences Act 2003 (relevant offences for the purposes of notification and orders)—E+W+S+N.I.

(a)in paragraph 56A—

(i)after “section 2” insert “ or 2A ”, and

(ii)for “offence of harassment” substitute “ offences of harassment and stalking ”, and

(b)in paragraph 57—

(i)after “section 4” insert “ or 4A ”, and

(ii)after “violence” insert “ and stalking involving fear of violence or serious alarm or distress ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 9 para. 146 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)

Criminal Justice Act 2003E+W

147In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified violent offences), in paragraph 57—E+W

(a)after “section 4” insert “ or 4A ”, and

(b)after “violence” insert “ and stalking involving fear of violence or serious alarm or distress ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 9 para. 147 in force at 25.11.2012 by S.I. 2012/2075, art. 5(d)

Part 12 E+W+S+N.I.Repeal of provisions for conducting certain fraud cases without jury

Criminal Justice Act 2003E+W+S+N.I.

148(1)The Criminal Justice Act 2003 is amended as follows.E+W+S+N.I.

(2)In section 45 (procedure for applications for cases to be conducted without a jury)—

(a)in the heading, for “sections 43 and” substitute “ section ”,

(b)in subsection (1), omit paragraph (a) and the word “and” at the end of the paragraph, and

(c)in subsections (5) and (9), omit the words “43 or”.

(3)In section 46(7) (discharge of jury because of jury tampering) omit “43 or”.

(4)In section 48(1) (further provision about trials without a jury) omit “43,”.

(5)Omit section 330(5)(b) (procedure for order bringing section 43 into force).

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