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The Protection of Freedoms Act 2012 (Commencement No. 4) Order 2012

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Statutory Instruments

2012 No. 2521 (C. 100)

Children And Young Persons, Englandandwales

Children And Young Persons, Northernireland

Protection Of Vulnerable Adults, Englandandwales

Protection Of Vulnerable Adults, Northern Ireland

The Protection of Freedoms Act 2012 (Commencement No. 4) Order 2012

Made

3rd October 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 120(1) of the Protection of Freedoms Act 2012(1).

Citation and interpretation

1.—(1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 4) Order 2012.

(2) In this Order “the Act” means the Protection of Freedoms Act 2012.

Provisions coming into force on 15th October 2012

2.  The day appointed for the coming into force of the following provisions of the Act is 15th October 2012—

(a)section 87(1) and (2) (formation and constitution of Disclosure and Barring Service);

(b)section 87(3) (formation and constitution of DBS) insofar as it relates to the paragraphs of Schedule 8 specified in paragraph (d) below;

(c)section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (e) below;

(d)paragraphs 1 to 11 and 13 to 20 of Schedule 8 (disclosure and barring service);

(e)Part 8 of Schedule 9 (consequential amendments).

Provisions coming into force on 1st December 2012

3.  The day appointed for the coming into force of the following provisions of the Act is 1st December 2012—

(a)section 87(3) (formation and constitution of DBS) insofar as it relates to the provisions of Schedule 8 specified in paragraph (b) below;

(b)Schedule 8 (disclosure and barring service) insofar as it has not already been commenced.

Taylor of Holbeach

Parliamentary Under-Secretary of State

Home Office

3rd October 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences the provisions in the Protection of Freedoms Act 2012 (“the Act”) which establish the Disclosure and Barring Service (“DBS”). The Act enables all the functions of the Independent Safeguarding Authority (“ISA”) and the Criminal Records Bureau (“CRB”) to be transferred to the DBS by Order. With the exception of the obligation on the DBS to produce accounts, all the provisions concerned with the establishment of the DBS are commenced on 15th October 2012. The obligation to produce accounts is commenced on 1st December 2012, the date on which it is envisaged that the functions of the ISA and CRB will be transferred to the DBS.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Protection of Freedoms Act 2012 have been brought into force by commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
section 20 partially1st October 20122012/2234
section 221st October 20122012/2234
section 291st July 20122012/1205
section 301st July 20122012/1205
section 311st July 20122012/1205
section 321st July 20122012/1205
section 331st July 20122012/1205
section 341st July 20122012/1205
section 351st July 20122012/1205
section 361st July 20122012/1205
section 371st November 20122012/2075
section 381st November 20122012/2075
section 39(1)1st July 20122012/1205
section 40 in relation to England1st July 20122012/1205
section 41 in relation to England1st July 20122012/1205
section 421st July 20122012/1205
section 43 in relation to England1st July 20122012/1205
section 44 in relation to England1st July 20122012/1205
section 45 in relation to England1st July 20122012/1205
section 46 in relation to England1st July 20122012/1205
section 471st July 20122012/1205
section 481st July 20122012/1205
section 491st July 20122012/1205
section 501st July 20122012/1205
section 511st July 20122012/1205
section 521st July 20122012/1205
section 541st October 20122012/2075
section 551st October 20122012/2075
section 561st October 20122012/2075
section 5710th July 20122012/1205
section 5810th July 20122012/1205
section 5910th July 20122012/1205
section 6010th July 20122012/1205
section 6110th July 20122012/1205
section 629th May 20122012/1205
section 6310th July 20122012/1205
section 6410th September 20122012/2234
section 6510th September 20122012/2234
section 6610th September 20122012/2234
section 6710th September 20122012/2234
section 6810th September 20122012/2234
section 6910th September 20122012/2234
section 7010th September 20122012/2234
section 7110th September 20122012/2234
section 72 partially10th September 20122012/2234
section 75 partially10th September 20122012/2234
section 76 partially10th September 20122012/2234
section 7710th September 20122012/2234
section 78 partially10th August 20122012/2075
section 78 partially10th September 20122012/2234
section 79 partially10th September 20122012/2234
section 8010th September 20122012/2234
section 8110th September 20122012/2234
section 8210th September 20122012/2234
section 8410th September 20122012/2234
section 851st July 20122012/1205
section 8610th September 20122012/2234
section 921st October 20122012/2234
section 931st October 20122012/2234
section 941st October 20122012/2234
section 951st October 20122012/2234
section 961st October 20122012/2234
section 971st October 20122012/2234
section 981st October 20122012/2234
section 991st October 20122012/2234
section 1001st October 20122012/2234
section 1011st October 20122012/2234
section 1041st July 20122012/1205
section 11125th November 20122012/2075
section 11225th November 20122012/2075
section 1141st October 20122012/2234
section 115(1) partially1st July 20122012/1205
section 115(1) partially10th July 20122012/1205
section 115(1) partially10th September 20122012/2234
section 115(1) partially1st October 20122012/2075
section 115(1) partially1st October 20122012/2234
section 115(1) partially1st November 20122010/2075
section 115(1) partially25th November 20122012/2075
section 115(2) partially1st July 20122012/1205
section 115(2) partially10th July 20122012/1205
section 115(2) partially10th September 20122012/2234
section 115(2) partially1st October 20122012/2075
Schedule 41st October 20122012/2075
Schedule 510th July 20122012/1205
Schedule 610th July 20122012/1205
Schedule 7 partially10th August 20122012/2075
Schedule 7 partially10th September 20122012/2234
Schedule 9 partially1st July 20122012/1205
Schedule 9 partially10th July 20122012/1205
Schedule 9 partially10th September 20122012/2234
Schedule 9 partially1st October 20122012/2075
Schedule 9 partially1st October 20122012/2234
Schedule 9 partially1st November 20122012/2075
Schedule 9 partially25th November 20122012/2075
Schedule 10 partially1st July 20122012/1205
Schedule 10 partially10th July 20122012/1205
Schedule 10 partially10th September 20122012/2234
Schedule 10 partially1st October 20122012/2075

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