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

http://www.legislation.gov.uk/ukpga/2012/9/section/72/2018-08-30

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

2018-08-30

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 5Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1Safeguarding of vulnerable groups

Main amendments relating to new arrangements: England and Wales

72Information about barring decisions

1

For sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006 (provision of vetting information and information about cessation of monitoring) substitute—

30AProvision of barring information on request
1
The Secretary of State must provide a person (A) with the information mentioned in subsection (3) in relation to another (B) if—
a
A makes an application for the information and pays any fee payable in respect of the application,
b
the application contains the appropriate declaration, and
c
the Secretary of State has no reason to believe that the declaration is false.
2
The appropriate declaration is a declaration by A—
a
that A falls within column 1 of the table in Schedule 7 in relation to B,
b
that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and
c
that B has consented to the provision of the information to A.
3
The information is—
a
if A's declaration states that column 2 of the relevant entry refers to children, whether B is barred from regulated activity relating to children, and
b
if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, whether B is barred from regulated activity relating to vulnerable adults.
4
If B consents to the provision of information to A in relation to an application under this section, the consent also has effect in relation to any subsequent such application by A.
5
The Secretary of State may prescribe any fee payable in respect of an application under this section.
6
Fees received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund.
7
The Secretary of State may determine the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).
30BProvision of barring information on registration
1
The Secretary of State must establish and maintain a register for the purposes of this section.
2
The Secretary of State must register a person (A) in relation to another (B) if—
a
A makes an application to be registered in relation to B and pays any fee payable in respect of the application,
b
the application contains the appropriate declaration, and
c
the Secretary of State has no reason to believe that the declaration is false.
3
The appropriate declaration is a declaration by A—
a
that A falls within column 1 of the table in Schedule 7 in relation to B,
b
that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and
c
that B has consented to the application.
4
A's application and registration relate—
a
if A's declaration states that column 2 of the relevant entry refers to children, to regulated activity relating to children;
b
if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.
5
The Secretary of State must notify A if B is barred from regulated activity to which A's registration relates.
6
The requirement under subsection (5) is satisfied if notification is sent to any address recorded against A's name in the register.
7
If B consents to the provision of information to A under section 30A, the consent also has effect as consent to any application by A to be registered in relation to B under this section.
8
The Secretary of State may prescribe any fee payable in respect of an application under this section.
9
Fees received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund.
10
The Secretary of State may determine the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).

2

In section 33 of that Act (cessation of registration)—

a

in subsection (1) for “32” substitute “ 30B ”,

b

in subsection (2) for “(6)” substitute “ (5) ”, and

c

after subsection (3) insert—

3A
Circumstances prescribed by virtue of subsection (3) may, in particular, include that—
a
the Secretary of State has asked the registered person (A) to make a renewed declaration within the prescribed period in relation to the person (B) in relation to whom A is registered, and
b
either—
i
A has failed to make the declaration within that period, or
ii
A has made the declaration within that period but the Secretary of State has reason to believe that it is false.
3B
A renewed declaration is a declaration by A—
a
that A falls within column 1 of the table in Schedule 7 in relation to B,
b
that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and
c
that B consents to the registration of A in relation to B.
3C
If B consents to the provision of information to A under section 30A, the consent also has effect as consent to the registration of A in relation to B.
3D
Section 34 applies in relation to the making of a declaration in response to a request from the Secretary of State of the kind mentioned in subsection (3A)(a) as it applies in relation to the making of a declaration in an application made for the purposes of section 30B.

3

In section 34 of that Act (declarations under sections 30 and 32)—

a

in the heading for “30 and 32” substitute “ 30A and 30B ”, and

b

in subsection (1) for “30 or 32” substitute “ 30A or 30B ”.

I14

Omit entry 19 in the table in paragraph 1 of Schedule 7 to that Act (power to add entries to the table).

I15

In paragraph 2 of Schedule 7 to that Act (power to amend entries in the table) for the words from “any” to the end substitute “ this Schedule ”.

I16

Omit paragraph 3(1)(b) of Schedule 7 to that Act (barring information where certain activities carried on for the purposes of the armed forces of the Crown) and the word “or” before it.