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

http://www.legislation.gov.uk/ukpga/2012/9/section/47/2013-09-01

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

2024-10-09

Expert Participation

2013-09-01

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 3Protection of property from disproportionate enforcement action

CHAPTER 1Powers of entry

Codes of practice in relation to powers of entry

I147Code of practice in relation to non-devolved powers of entry

1

The Secretary of State must prepare a code of practice containing guidance about the exercise of powers of entry and associated powers.

2

Such a code may, in particular, include provision about—

a

considerations before exercising, or when exercising, the powers,

b

considerations after exercising the powers (such as the retention of records, or the publication of information, about the exercise of the powers).

3

Such a code—

a

must not contain provision about devolved powers of entry and devolved associated powers,

b

need not contain provision about every other type of power of entry or associated power,

c

may make different provision for different purposes.

4

In the course of preparing such a code in relation to any powers, the Secretary of State must consult—

a

the Lord Advocate,

b

such persons appearing to the Secretary of State to be representative of the views of persons entitled to exercise the powers concerned as the Secretary of State considers appropriate, and

c

such other persons as the Secretary of State considers appropriate.

5

In this section “devolved powers of entry and devolved associated powers” means powers of entry and associated powers—

a

in relation to which the Welsh Ministers may issue a code under Schedule 3,

b

which, if it were contained in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament, or

c

which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of that Assembly and would deal with a transferred matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998) without being 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).