2013 No. 1961

Police, England And Wales
Rights Of The Subject, England And WalesSurveillance Cameras

The Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013

Made

Coming into force in accordance with article 1

The Secretary of State:

1

has, under section 29(1) of the Protection of Freedoms Act 20121 prepared a code of practice containing guidance about surveillance camera systems;

2

has consulted in accordance with sections 29(5) and 33(8) of that Act;

3

has, in accordance with section 30(1)(a) of that Act, laid before Parliament the code of practice that has been prepared;

A draft of this Order has been laid before Parliament and approved by each House of Parliament in accordance with sections 30(1)(b) and (2) and 33(9) of that Act;

The Secretary of State, in exercise of the powers conferred upon her by sections 30(2) and 33(5)(k) of that Act, makes the following Order:

Citation and commencement1

This Order may be cited as the Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013, and shall come into force on the seventh day after the day on which it is made.

Surveillance Camera Code of Practice2

The Surveillance Camera Code of Practice which was laid before Parliament on 4th June 2013 shall come into operation on the day on which this Order comes into force.

Specification of relevant authorities3

The following persons are specified as a “relevant authority” for the purposes of section 33(5)(k) of the Protection of Freedoms Act 2012–

a

The chief constable of the British Transport Police;

b

The Serious Organised Crime Agency;

c

The chief constable of the Civil Nuclear Constabulary; and

d

The chief constable of the Ministry of Defence Police.

Taylor of HolbeachParliamentary Under-Secretary of StateHome Office
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force a Code of Practice for surveillance camera systems, which the Secretary of State is required to prepare, pursuant to section 29(1) of the Protection of Freedoms Act 2012. The purpose of this Code is to set out guidance about the use of surveillance camera systems, and the use of images or information obtained by virtue of such systems.

Relevant authorities, as defined in section 33(5) of the 2012 Act, will be under a statutory duty to have regard to this Code when exercising any functions to which this Code relates. Article 3 of this Order adds various specified persons to the list of relevant authorities that will be obliged to have regard to the Code.

Pursuant to section 32(1) of the Protection of Freedoms Act 2012, the Secretary of State will arrange for this Code to be published. The Code of Practice will also be available on the Home Office website. A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sector is foreseen.