SCHEDULES
SCHEDULE 9Consequential amendments
Part 1Destruction, retention and use of fingerprints etc.
House of Commons Disqualification Act 1975
I131
In 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
”
.
Northern Ireland Assembly Disqualification Act 1975
I1262
In 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
”
.
Police and Criminal Evidence Act 1984
I443
1
The Police and Criminal Evidence Act 1984 is amended as follows.
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).
Crime and Security Act 2010
I1374
1
The Crime and Security Act 2010 is amended as follows.
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).
Part 2The Surveillance Camera Commissioner
House of Commons Disqualification Act 1975
I1445
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “
Surveillance Camera Commissioner
”
.
Part 3Safeguards for certain surveillance under RIPA
Regulation of Investigatory Powers Act 2000
I856
The Regulation of Investigatory Powers Act 2000 is amended as follows.
F67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I329
1
Section 43 (general rules about grant, renewal and duration of authorisations relating to surveillance and human intelligence sources) is amended as follows.
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
”
.
F7I1610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7I9511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2312
1
Section 65 (the Tribunal) is amended as follows.
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.
I113
In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and before “and”), insert—
aa
an order quashing an order under section 23A or 32A by the relevant judicial authority (within the meaning of that section);
I8014
In 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)
”
.
I5315
After section 77 (Ministerial expenditure etc.) insert—
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.
I11116
In section 78 (orders, regulations and rules)—
a
in subsection (1) after “the Secretary of State” insert “
or the Lord Chancellor
”
,
b
in subsection (3)(a)—
F4i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
I12717
After section 81(8) (general interpretation) insert—
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).
Part 4Vehicles left on land
Road Traffic Regulation Act 1984
I10318
1
Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles) is amended as follows.
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
”
.
Airports Act 1986
I9119
1
Section 66 of the Airports Act 1986 (functions of operators of designated airports as respects abandoned vehicles) is amended as follows.
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.
”
.
Private Security Industry Act 2001
I6120
1
The Private Security Industry Act 2001 is amended as follows.
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.
Part 5Counter-terrorism powers
Police and Criminal Evidence Act 1984
I6921
After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of practice in relation to statutory search powers etc.) insert—
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).
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
I6222
In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice in relation to statutory search powers etc.)—
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).
Terrorism Act 2000
I8223
The Terrorism Act 2000 is amended as follows.
I824
In the italic cross-heading before section 40, after “Suspected terrorists” insert “
etc.
”
.
I3325
1
Section 123 (orders and regulations) is amended as follows.
2
In subsection (4), after paragraph (aa), insert—
ab
section 47AB;
3
In subsection (5), after “paragraph (aa)” insert “
, (ab)
”
.
I11826
1
Schedule 8 (detention) is amended as follows.
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”.
Regulation of Investigatory Powers Act 2000
I4527
In paragraph 6(3) of Schedule 2 to the Regulation of Investigatory Powers Act 2000 (general requirements relating to the appropriate permission)—
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”),
”
.
Criminal Justice and Police Act 2001
I328
In 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—
69A
The 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).
69B
The 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).
I229
In Part 2 of that Schedule to that Act (powers of seizure to which section 51 of that Act applies) after paragraph 82 insert—
82A
The 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).
Police Reform Act 2002
F330
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police (Northern Ireland) Act 2003
I11431
In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (powers of stop and search for community support officers)—
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,
”
.
Terrorism Act 2006
I10832
In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—
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.
Counter-Terrorism Act 2008
I6633
In section 1(1) of the Counter-Terrorism Act 2008 (power to remove documents for examination), after paragraph (b), insert—
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);
Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)
I434
The Terrorism Act 2000 (Remedial) Order 2011 is revoked.
C5C1C3Part 6Safeguarding of vulnerable groups
Sch. 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)
Sch. 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 1997
I1835
The Police Act 1997 is amended as follows.
I8436
In section 113A (criminal record certificates) omit subsection (10).
I5137
In section 113B (enhanced criminal record certificates) omit subsection (13).
I5738
In section 113BA(2) (suitability information relating to children) omit paragraphs (b) to (d).
I4939
In section 113BB(2) (suitability information relating to vulnerable adults) omit paragraphs (b) to (d).
I6040
1
Section 119 (sources of information) is amended as follows.
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
”
.
I7841
In section 119B(5) (independent monitor) omit paragraphs (d) and (e).
I5442
1
Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.
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.
Safeguarding Vulnerable Groups Act 2006
I1143
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
I2544
In section 4(1) (appeals)—
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
”
.
I645
In section 5(4) (regulated activity)—
a
omit “section 10(3);”, and
b
omit “paragraph 4 of Schedule 6”.
I1746
In section 6(8) (regulated activity providers)—
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
”
.
I10947
In section 7(5) (barred person not to engage in regulated activity) omit paragraphs (b) and (c).
I13348
Omit section 8 (person not to engage in regulated activity unless subject to monitoring).
I14649
In section 9(5) (use of barred person for regulated activity) omit paragraphs (b) and (c).
I4350
Omit section 10 (use of person not subject to monitoring for regulated activity).
I3851
Omit section 11 and Schedule 5 (regulated activity provider: failure to check).
I3152
Omit section 12 and Schedule 6 (personnel suppliers: failure to check).
I12953
Omit section 13 (educational establishments: check on members of governing body).
I4154
Omit section 14 (office holders: offences).
I7055
Omit section 15 (sections 13 and 14: checks).
I11056
Omit section 16 (exception to requirement to make monitoring check).
I9957
Omit section 17 (NHS employment).
I13258
1
Section 18 (offences: companies etc.) is amended as follows.
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”.
I12159
1
Section 19 (offences: other persons) is amended as follows.
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).
I2660
In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).
I3561
In section 35 (regulated activity providers: duty to refer)—
a
in subsection (1), omit paragraph (b), and
b
omit subsection (6).
I10762
1
Section 36 (personnel suppliers: duty to refer) is amended as follows.
2
In subsection (1) omit “or controlled activity”.
3
In subsection (3)(a) omit “or controlled”.
I2063
1
Section 37 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
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”.
I12864
In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3 for “Either of” substitute “
Any of
”
.
I765
1
Section 50A (provision of information to the police) is amended as follows.
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.
”
.
I9666
In section 51(5) (Crown application) omit paragraph (b).
I14567
1
Section 54 (devolution: alignment) is amended as follows.
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).
68
I391
Section 56 (devolution: Wales) is amended as follows.
I392
Omit subsection (1).
I393
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)—
I39a
omit paragraphs (b) to (f),
b
after paragraph (f) insert—
fa
section 34ZA(7),
I39c
omit paragraph (j),
I39d
in paragraph (l) for “41(1), (5) or (8)” substitute “
41(8)
”
,
I39e
omit paragraph (n),
I39f
in paragraph (r) for “7(1)(f)” substitute “
7(1)(f) or (g)
”
, and
I39g
omit paragraphs (s) and (t).
I7569
In section 57(1)(c) (damages) omit “prescribed”.
I14270
1
Section 60 (interpretation) is amended as follows.
2
In subsection (1), in paragraph (b) of the definition of “personnel supplier”, omit “or controlled”.
3
Omit subsection (3).
I8671
In section 61(3) (orders and regulations)—
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.
I5872
1
Schedule 3 (barred lists) is amended as follows.
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
”
.
I8173
1
Schedule 7 (vetting information) is amended as follows.
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
”
.
I7274
In Schedule 8 (transitional provisions) omit paragraph 5.
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
I13975
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.
I12576
1
Article 2 (interpretation) is amended as follows.
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).
I2277
In Article 8(1) (appeals)—
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
”
.
I14778
In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).
I7479
In Article 10(8) (regulated activity providers)—
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
”
.
I7380
In Article 11(5) (barred person not to engage in regulated activity) omit sub-paragraphs (b) and (c).
I9881
Omit Article 12 (person not to engage in regulated activity unless subject to monitoring).
I9482
In Article 13(5) (use of barred person for regulated activity) omit sub-paragraphs (b) and (c).
I9383
Omit Article 14 (use of person not subject to monitoring for regulated activity).
I9084
Omit Article 15 and Schedule 3 (regulated activity provider: failure to check).
I11285
Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).
I13186
Omit Article 17 (educational establishments: check on members of governing body).
I4787
Omit Article 18 (office holders: offences).
I11588
Omit Article 19 (Articles 17 and 18: checks).
I1289
Omit Article 20 (exception to requirement to make monitoring check).
I14090
Omit Article 21 (HSS employment).
I12491
1
Article 22 (offences: companies etc.) is amended as follows.
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”.
I992
1
Article 23 (offences: other persons) is amended as follows.
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).
I4293
In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).
I7194
In Article 37 (regulated activity providers: duty to refer)—
a
in paragraph (1), omit sub-paragraph (b), and
b
omit paragraph (6).
I7995
1
Article 38 (personnel suppliers: duty to refer) is amended as follows.
2
In paragraph (1) omit “or controlled activity”.
3
In paragraph (3)(a) omit “or controlled”.
I11796
1
Article 39 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
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”.
I13097
1
Article 52A (provision of information to the police) is amended as follows.
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.
”
.
I1598
In Article 53(5) (Crown application), omit sub-paragraph (b).
I2899
1
Article 56 (alignment with rest of UK) is amended as follows.
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).
I104100
In Article 57(1)(c) (damages) omit “prescribed”.
I50101
1
Schedule 1 (barred lists) is amended as follows.
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
”
.
I138102
1
Schedule 5 (vetting information) is amended as follows.
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
”
.
I123103
In Schedule 6 (transitional provisions) omit paragraph 5.
C6C2C4Part 7Criminal records
Sch. 9 Pt. 7 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(4), Sch. 3
Sch. 9 Pt. 7 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(4), Sch. 3 (with art. 5)
Sch. 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 1997
I141104
The Police Act 1997 is amended as follows.
I122105
In section 113BC(1) (suitability information: power to amend), after paragraph (b), insert
;
c
amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).
I24106
In 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
”
.
I89107
In 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
”
.
I46108
1
Section 117 (disputes about accuracy of certificates) is amended as follows.
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.
109
I681
Section 118 (evidence of identity) is amended as follows.
2
In subsection (1)—
I119a
after “consider” insert “
an application as mentioned in section 116A(4)(a) or (5)(a) or
”
, and
I68b
after “117” insert “
, 117A
”
.
I1193
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.
I684
In subsection (4) after “117” insert “
or 117A
”
.
110
I301
Section 119 (sources of information) is amended as follows.
I212
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;
I303
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)
”
.
I214
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.
I215
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);
I216
In subsection (8), at the end of paragraph (a), insert—
aa
under this Part in relation to any request under section 116A(1);
111
I1011
Section 119B (independent monitor) is amended as follows.
I1012
Omit subsection (5)(a).
I1013
In subsection (5)(c), omit the words from “or disclosed” to the end.
I1164
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.
I1015
After subsection (8) insert—
8A
The independent monitor has the functions conferred on the monitor by section 117A.
I1016
In subsection (9) after “section” insert “
or section 117A
”
.
I65112
1
Section 120 (registered persons) is amended as follows.
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.
I105113
After section 122(1) (code of practice) insert—
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.
114
Omit 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).
I135115
1
Section 124 (offences: disclosure) is amended as follows.
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).
116
I1361
Section 124A (offences relating to disclosure of information obtained in connection with delegated function) is amended as follows.
2
In subsection (1)(c) omit “or registered person”.
I1363
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).
I19117
After section 125B(2) (form of applications) insert—
3
In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).
I52I143118
In 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—
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.”
Gambling Act 2005
119
In section 73(3) of the Gambling Act 2005 (procedure on consideration of application for licence)—
I36a
for “section 115” substitute “
section 113B
”
, and
I34b
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,
”
.
National Health Service Act 2006
I27120
The National Health Service Act 2006 is amended as follows.
I37121
In 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,
”
.
I134122
In 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,
”
.
I83123
In 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,
”
.
National Health Service (Wales) Act 2006
I77124
The National Health Service (Wales) Act 2006 is amended as follows.
I106125
In 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,
”
.
I48126
In 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,
”
.
I87127
In 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,
”
.
I100128
In 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,
”
.
Safeguarding Vulnerable Groups Act 2006
I10129
1
Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists: information) is amended as follows.
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
”
.
Part 8The Disclosure and Barring Service
Parliamentary Commissioner Act 1967
I97130
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) insert at the appropriate place— “
Disclosure and Barring Service.
”
House of Commons Disqualification Act 1975
I5131
1
Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) is amended as follows.
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.
”
Northern Ireland Assembly Disqualification Act 1975
I113132
1
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) is amended as follows.
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.
”
Freedom of Information Act 2000
I59133
In 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.
”
Part 9Disregarding certain convictions for buggery etc.
Rehabilitation of Offenders Act 1974
I56134
1
Section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) is amended as follows.
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.
Police Act 1997
I64135
In 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
”
.
Part 10Trafficking people for exploitation
Children and Young Persons Act 1933
F8I55136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police and Criminal Evidence Act 1984
I14137
In 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
”
.
Proceeds of Crime Act 2002
F5I63138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 2003
I120139
In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified sexual offences), after paragraph 143, insert—
143A
An offence under section 59A of that Act (trafficking for sexual exploitation).
Sexual Offences Act 2003
I102140
1
The Sexual Offences Act 2003 is amended as follows.
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In Schedule 5 (relevant offences for the purposes of notification and orders), in paragraph 63, for “59” substitute “
59A
”
.
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
F9I40141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Serious Crime Act 2007
I148142
In Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales), in paragraph 2(2), for “59” substitute “
59A
”
.
Part 11Stalking
Protection from Harassment Act 1997
I88143
1
The Protection from Harassment Act 1997 is amended as follows.
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
”
.
Crime and Disorder Act 1998
I67144
1
Section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc.) is amended as follows.
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
”
.
Criminal Justice and Police Act 2001
I76145
In 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—
Protection from Harassment Act 1997
63A
The power of seizure conferred by section 2B(2) of the Protection from Harassment Act 1997 (seizure of material relevant to stalking).
Sexual Offences Act 2003
I29146
In Schedule 5 to the Sexual Offences Act 2003 (relevant offences for the purposes of notification and orders)—
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
”
.
Criminal Justice Act 2003
I92147
In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified violent offences), in paragraph 57—
a
after “section 4” insert “
or 4A
”
, and
b
after “violence” insert “
and stalking involving fear of violence or serious alarm or distress
”
.
Part 12Repeal of provisions for conducting certain fraud cases without jury
Criminal Justice Act 2003
148
1
The Criminal Justice Act 2003 is amended as follows.
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).
Sch. 9 Pt. 6 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(3), Sch. 2