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Protection of Freedoms Act 2012

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Changes to legislation:

Protection of Freedoms Act 2012, Part 5 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 10 Part 5:

  • specified provision(s) amendment to earlier commencing SI 2012/2234 art. 13 by S.I. 2014/831 art. 2(2)
  • specified provision(s) transitional provisions and savings for commencing S.I. 2013/1814 by S.I. 2013/1813 art. 2-9

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 5E+W+N.I.Safeguarding of vulnerable groups

Modifications etc. (not altering text)

C1Sch. 10 Pt. 5 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(5), Sch. 4

C2Sch. 10 Pt. 5 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)(5), Sch. 4 (with art. 5)

C3Sch. 10 Pt. 5 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(4), Sch. 4

Commencement Information

I1Sch. 10 Pt. 5 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(bb)

Short titleExtent of repeal or revocation
Police Act 1997Section 113A(10).
Section 113B(13).
Section 113BA(2)(b) to (d).
Section 113BB(2)(b) to (d).

In section 119—

(a)

in subsection (2), the words “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”, and

(b)

subsection (8)(c).

Section 119B(5)(d) and (e).

In section 120A—

(a)

subsection (3A)(b) and (c),

(b)

subsections (3B) and (3C), and

(c)

in subsection (3D), the words from “, except” to the end of the subsection.

Safeguarding Vulnerable Groups Act 2006Section 4(1)(a).

In section 5(4)—

(a)

the words “section 10(3);”, and

(b)

the words “paragraph 4 of Schedule 6”.

Section 6(8)(c).
Section 7(5)(b) and (c).
Section 8.
Section 9(5)(b) and (c).
Sections 10 to 17.

In section 18(1) and (2)—

(a)

the words “, 10, 11, 23, 27”, and

(b)

the words “or Schedule 6”.

In section 19—

(a)

subsections (1), (3), (4), (6) and (7),

(b)

subsection (8)(b) and (c), and

(c)

subsection (9).

Section 20(2) to (7).
Sections 21 to 27.

In section 35—

(a)

subsection (1)(b), and

(b)

subsection (6).

In section 36—

(a)

in subsection (1), the words “or controlled activity”, and

(b)

in subsection (3)(a), the words “or controlled”.

In section 37—

(a)

subsection (2)(b),

(b)

in subsection (2)(d), the words “or controlled”,

(c)

in subsections (4) and (5), the words “or controlled”.

In section 39—

(a)

in subsections (1) and (5), the word “prescribed”, and

(b)

in subsection (4)(a), the words “or controlled activity”.

In section 41—

(a)

in subsections (1) and (5), the word “prescribed”, and

(b)

in subsection (4)(a), the words “or controlled activity”.

In section 43(6)(a), the words “of entry 1 or 8”.
Section 44.

In section 45—

(a)

in subsections (1) and (5), the word “prescribed”,

(b)

in subsection (4)(a), the words “or controlled activity”, and

(c)

subsection (6).

In section 47—

(a)

subsection (2)(b) to (e),

(b)

subsection (3)(b) to (e), and

(c)

subsection (5).

In section 48(1)—

(a)

in paragraph (a), the word “newly”, and

(b)

paragraph (c) and the word “or” before it.

In section 49(1)—

(a)

in paragraph (a), the word “newly”, and

(b)

paragraph (c) and the word “or” before it.

Section 51(5)(b).

In section 54—

(a)

subsection (2)(a),

(b)

in subsection (3), paragraph (b) (but not the word “or” at the end of it),

(c)

in subsection (4), paragraph (b) (but not the word “or” at the end of it), and

(d)

subsection (5).

In section 56—

(a)

subsection (1),

(b)

subsection (2)(c),

(c)

in subsection (2)(d) and (e), the words “or (8)”, and

(d)

subsection (3)(b) to (f), (j), (n), (s) and (t).

In section 57(1)(c), the word “prescribed”.
Section 59.

In section 60—

(a)

in subsection (1), in paragraph (b) of the definition of “personnel supplier”, the words “or controlled”, and

(b)

subsection (3).

In section 61(3)—

(a)

paragraphs (b) to (e), and

(b)

paragraph (j) and the word “or” before it.

In Schedule 3—

(a)

paragraph 19(1)(d),

(b)

in paragraph 19(6) the words from “which” to “it is” and the words “or paragraph 20(2)”, and

(c)

paragraph 24(8) and (9).

In Schedule 4—

(a)

paragraph 1(8),

(b)

paragraph 1(9B)(a),

(c)

in paragraph 1(9B)(f), the words “18B or”,

(d)

in paragraph 1(9B)(m), the words “48 or”,

(e)

paragraph 1(9B)(p) to (t),

(f)

paragraph 1(10)(a), (ba), (d) and (e),

(g)

paragraph 1(12A),

(h)

paragraph 1(13A),

(i)

paragraph 2(1)(d) and (2)(d),

(j)

paragraph 3(1)(c),

(k)

paragraph 4 (including the italic cross-heading before it),

(l)

paragraph 7(4),

(m)

in paragraph 7(5), the words “or (4)”,

(n)

in paragraph 7(7)(f), the words “English local authority social services or”,

(o)

paragraph 7(8A),

(p)

paragraph 8, and

(q)

in paragraph 10(2), the words “or 7(1)(a), (b), (c), (d) or (g)” and, in paragraph (b), the words “or vulnerable adults (as the case may be)”.

Schedules 5 and 6.

In Schedule 7—

(a)

in paragraph 1, entries 3, 4, 7, 8, 17 and 19 in the table,

(b)

in paragraph 3(1), paragraph (b) and the word “or” before it, and

(c)

paragraph 3(3).

In Schedule 8, paragraph 5 (including the italic cross-heading before it).
In Schedule 9, paragraph 14(7)(c).
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11))

In Article 2—

(a)

in the first paragraph (2), the definition of “institution of further education” and, in sub-paragraph (b) of the definition of “personnel supplier”, the words “or controlled”, and

(b)

paragraph (3).

Article 3.
Article 8(1)(a).
Article 9(4)(c) and (e).
Article 10(8)(a) and (c).
Article 11(5)(b) and (c).
Article 12.
Article 13(5)(b) and (c).
Articles 14 to 21.

In Article 22(1) and (2)—

(a)

the words “, 14, 15, 27, 31” and

(b)

the words “or Schedule 4”.

Article 23—

(a)

paragraphs (1), (3), (4), (6) and (7),

(b)

paragraph (8)(b) and (c), and

(c)

paragraph (9).

Article 24(2) to (7).
Articles 25 to 27 (and the italic cross-heading before them).
Articles 28 to 31 (and the italic cross-heading before them).

In Article 37—

(a)

paragraph (1)(b), and

(b)

paragraph (6).

In Article 38—

(a)

in paragraph (1), the words “or controlled activity”, and

(b)

in paragraph (3)(a), the words “or controlled”.

In Article 39—

(a)

paragraph (2)(b),

(b)

in paragraph (2)(d), the words “or controlled”, and

(c)

in paragraphs (4) and (5), the words “or controlled”.

In Article 41—

(a)

in paragraphs (1) and (5), the word “prescribed”, and

(b)

in paragraph (4)(a), the words “or controlled activity”.

In Article 43—

(a)

in paragraphs (1) and (5), the word “prescribed”,

(b)

in paragraph (4)(a), the words “or controlled activity”, and

(c)

paragraphs (4A) to (4C).

Article 46.

In Article 47—

(a)

in paragraphs (1) and (5), the word “prescribed”,

(b)

in paragraph (4)(a), the words “or controlled activity”, and

(c)

paragraph (6).

In Article 49—

(a)

paragraph (2)(b) to (e),

(b)

paragraph (3)(b) to (e), and

(c)

paragraph (5).

In Article 50(1)—

(a)

in sub-paragraph (a), the word “newly”, and

(b)

sub-paragraph (c) and the word “or” before it.

In Article 51(1)—

(a)

in sub-paragraph (a), the word “newly”, and

(b)

sub-paragraph (c) and the word “or” before it.

Article 53(5)(b).

In Article 56—

(a)

paragraph (2)(a),

(b)

in paragraph (3), sub-paragraph (b) (but not the word “or” at the end of it),

(c)

in paragraph (4), sub-paragraph (b) (but not the word “or” at the end of it), and

(d)

paragraph (5).

In Article 57(1)(c), the word “prescribed”.

In Schedule 1—

(a)

paragraph 19(1)(d),

(b)

in paragraph 19(6), the words from “which” to “it is” and the words “or paragraph 20(2)”, and

(c)

paragraph 24(8) and (9).

In Schedule 2—

(a)

paragraph 1(7),

(b)

paragraph 2(1)(d) and (2)(d),

(c)

paragraph 4,

(d)

paragraph 7(4),

(e)

in paragraph 7(5), the word “, (4)”,

(f)

paragraph 7(9),

(g)

paragraph 8, and

(h)

in paragraph 10(2), the words “or 7(1)(a), (b), (c), (d) or (g)” and, in paragraph (b), the words “or vulnerable adults (as the case may be)”.

Schedules 3 and 4.

In Schedule 5—

(a)

in paragraph 1, entries 3, 4, 7, 8, 17 and 19 in the table,

(b)

in paragraph 3(1), paragraph (b) and the word “or” before it, and

(c)

paragraph 3(3).

In Schedule 6, paragraph 5 (including the italic cross-heading before it).
Health and Social Care Act 2008In Schedule 5, paragraphs 92 and 93.
Education and Skills Act 2008Section 147(8).
In Schedule 1, paragraphs 41(3) and 89 (including the italic cross-heading before paragraph 89).
The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912)In Schedule 1, paragraph 21.
Health Act 2009In Schedule 1, paragraphs 14 and 15.
Apprenticeships, Skills, Children and Learning Act 2009In Schedule 12, paragraph 43.
Policing and Crime Act 2009

In section 81(3)(m)—

(a)

in sub-paragraph (i), the words “, 6, 15, 25”,

(b)

sub-paragraph (v), and

(c)

sub-paragraph (vi) (but not the word “and” at the end of it).

Sections 82 to 87.
Sections 89, 90 and 92.
In Part 8 of Schedule 8, the entry relating to the Safeguarding Vulnerable Groups Act 2006.
The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203)Articles 12 to 15.
The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182)Article 1(6)(e).
In Schedule 5, paragraph 9 (and the heading before it) and Part 3.
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610)Article 26.
Part 8.
Articles 28, 29 and 30(a).
The Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 304/2009)Articles 10, 24 and 25.
The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 305/2009)Article 7(4).
The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813)Article 19(3), (4) and (5).
Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146).Regulation 4(2).
Regulation 8.
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154)Article 3(5) and (6).
Article 5.
Article 7(4).
Articles 8 and 11.
The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158)In Schedule 2, paragraph 62 (and the heading before it).
Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 30/2010)Articles 6, 9, 11, 14, 16, 17, 18, 19, 20 and 21.
Article 22(a) and the word “and” at the end of it.
Article 24.

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