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

http://www.legislation.gov.uk/ukpga/2012/9/section/60

Protection of Freedoms Act 2012

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

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Statute Law Database

2024-04-08

Expert Participation

2023-12-20

Protection of Freedoms Act 2012

specified provision(s)

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

art. 2-9

Protection of Freedoms Act 2012

Sch. 1

para. 7A

Counter-Terrorism and Border Security Act 2019

Sch. 2

para. 20

s. 27(2)(b)

Protection of Freedoms Act 2012

specified provision(s)

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

art. 2(2)

art. 1

Part 4Counter-terrorism powers

Stop and search powers: general

I160Replacement powers to stop and search persons and vehicles

1

Omit section 43(3) of the Terrorism Act 2000 (requirement for searches of persons to be carried out by someone of the same sex).

2

After section 43(4) of that Act insert—

4A
Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).
4B
The constable—
a
may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and
b
may seize and retain anything which the constable—
i
discovers in the course of such a search, and
ii
reasonably suspects may constitute evidence that the person is a terrorist.
4C
Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.

3

After section 43 of that Act insert—

43ASearch of vehicles
1
Subsection (2) applies if a constable reasonably suspects that a vehicle is being used for the purposes of terrorism.
2
The constable may stop and search—
a
the vehicle;
b
the driver of the vehicle;
c
a passenger in the vehicle;
d
anything in or on the vehicle or carried by the driver or a passenger;
to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism.
3
A constable may seize and retain anything which the constable—
a
discovers in the course of a search under this section, and
b
reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism.
4
A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
5
In this section “driver”, in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew.