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The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013

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Statutory Instruments

2013 No. 1814 (C. 75)

Police, England And Wales

The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013

Made

18th July 2013

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. 7) Order 2013.

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

Provisions coming into force on 31st October 2013

2.  The day appointed for the coming into force of the following provisions of the Act is 31st October 2013:

(a)sections 1 to 12;

(b)section 13 insofar as it inserts section 63Q(2) into the Police and Criminal Evidence Act 1984(2);

(c)section 14 (destruction of samples) except for the purpose of the application of section 63R of the Police and Criminal Evidence Act 1984 to samples which are, or may become, disclosable under—

(i)the Criminal Procedure and Investigations Act 1996(3), or

(ii)a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act;

(d)sections 15 to 19;

(e)section 20 insofar as it is not already in force;

(f)section 21;

(g)sections 23 to 25;

(h)paragraph 1(1) to (3) of Schedule 1 (amendment of regimes other than PACE);

(i)paragraph 1(4) of Schedule 1 except—

(i)for the purpose of the insertion of paragraph 20F(1) into Schedule 8 to the Terrorism Act 2000(4) (destruction of copies of fingerprints);

(ii)for the purpose of the application of paragraph 20G of Schedule 8 to the Terrorism Act 2000 to samples which are, or may become, disclosable under—

(aa)the Criminal Procedure and Investigations Act 1996, or

(bb)a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act;

(j)paragraph 1(5) to (8) of Schedule 1;

(k)paragraphs 2 to 6 of Schedule 1.

Provisions coming into force on 31st January 2014

3.  The day appointed for the coming into force of the following provisions of the Act is 31st January 2014:

(a)section 13 (destruction of copies) to the extent not previously commenced;

(b)paragraph 1(4) of Schedule 1 for the purpose of the insertion of paragraph 20F(1) into Schedule 8 to the Terrorism Act 2000 (destruction of copies of fingerprints).

Taylor of Holbeach

Parliamentary Under-Secretary of State

Home Office

18th July 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences provisions in the Protection of Freedoms Act 2012 (“the Act”) which relate to the destruction, retention and use of material including fingerprints, DNA samples and DNA profiles.

Article 2 provides for the commencement of most provisions of Chapter 1 of Part 1 of the Act on 31st October 2013.

Article 2(c) has the effect that section 14 of the Act, which inserts section 63R into the Police and Criminal Evidence Act 1984, is commenced except for the purpose of samples which are, or may become, disclosable under the Criminal Procedure and Investigations Act 1996 or its attendant Code of Practice. Legislation is currently before Parliament which, if enacted, will exclude such samples from the ambit of section 63R.

Article 2(i) has equivalent effect to article 2(c) in respect of samples taken under the Terrorism Act 2000.

Article 3(a) provides for the commencement of section 13 of the Act (insofar as it provides for the destruction of copies of fingerprints) on 31st January 2014. Article 3(b) has equivalent effect in relation to material taken under the Terrorism Act 2000.

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.

Provision

Date of Commencement

S.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 79 so far as not already in force17th June 20132013/1180
section 8010th September 20122012/2234
section 8110th September 20122012/2234
section 8210th September 20122012/2234
section 8317th June 20132013/1180
section 8410th September 20122012/2234
section 851st July 20122012/1205
section 8610th September 20122012/2234
section 87 partially15th October 20122012/2521
section 87 so far as not already in force1st December 20122012/2521
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 1096th April 20132013/470
section 1106th April 20132013/470
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) partially15th October 20122012/2521
section 115(1) partially1st November 20122010/2075
section 115(1) partially25th November 20122012/2075
section 115(1) partially6th April 20132013/470
section 115(1) partially17th June 20132013/1180
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
section 115(2) partially6th April 20132013/470
section 115(2) partially17th June 20132013/1180
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 8 partially15th October 20122012/2521
Schedule 8 so far as not already in force1st December 20122012/2521
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 partially15th October 20122012/2521
Schedule 9 partially1st November 20122012/2075
Schedule 9 partially25th November 20122012/2075
Schedule 9 partially6th April 20132013/470
Schedule 9 partially17th June 20132013/1180
Schedule 10 partially1st July 20122012/1205
Schedule 10 partially10th July 20122012/1205
Schedule 10 partially10th September 20122012/2234
Schedule 10 partially1st October 20122012/2075
Schedule 10 partially6th April 20132013/470
Schedule 10 partially17th June 20132013/1180
(3)

1996 c. 25; there are amendments to this Act but none is relevant.

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