2012 No. 2234 (C. 89)
The Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012
Made
The Secretary of State, in exercise of the powers conferred by sections 116(1) and 120(1) of the Protection of Freedoms Act 20121, makes the following Order.
Citation and interpretation1
1
This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012.
2
In this Order “the Act” means the Protection of Freedoms Act 2012.
Provisions coming into force on 10th September 20122
The following provisions of the Act shall come into force on 10th September 2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 20122—
a
section 64 (restriction of scope of regulated activities: children);
b
section 65 (restriction of definition of vulnerable adults);
c
section 66 (restriction of scope of regulated activities: vulnerable adults);
d
section 67 (alteration of test for barring decisions);
e
section 68 (abolition of controlled activity);
f
section 69 (abolition of monitoring);
g
section 70 (information for purposes of making barring decisions);
h
section 71 (review of barring decisions);
i
section 72(4) to (6) (information about barring decisions);
j
section 75(1) and (2) (professional bodies);
k
section 75(3) (professional bodies) insofar as it substitutes section 43(3), (4), (5), (5D), (5E), (5F), (5G) and (5H) into the Safeguarding Vulnerable Groups Act 20063;
l
section 75(4) to (6) (professional bodies);
m
section 76(1), (2), (3)(f), (4)(f) and (5) (supervisory authorities);
n
section 77 (minor amendments);
o
section 78 (corresponding amendments in relation to Northern Ireland) insofar as it relates to the paragraphs of Schedule 7 specified in paragraph (z) below;
p
section 79(1) (restriction on information provided to certain persons);
q
section 79(2)(b) (restriction on information provided to certain persons) insofar as it omits section 113B(5) and section 113B(6)(b) of the Police Act 19974;
r
section 79(3) (restriction on information provided to certain persons) insofar as it inserts section 120AC into the Police Act 1997;
s
section 80 (minimum age for applications for certificates or to be registered);
t
section 81 (additional grounds for refusing an application to be registered);
u
section 82 (enhanced criminal record certificates: additional safeguards);
v
section 84 (criminal conviction certificates: conditional cautions);
w
section 86 (out of date references to certificates of criminal records);
x
section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the paragraphs of Schedule 9 specified in paragraph (aa) below;
y
section 115(2) (consequential amendments, repeals and revocations) insofar as it relates to the paragraphs of Schedule 10 specified in paragraphs (bb) and (cc) below;
z
the following paragraphs of Schedule 7—
i
paragraphs 1 to 8;
ii
paragraph 9(4) to (6);
iii
paragraph 12(1);
iv
paragraph 12 (2) insofar as it substitutes Article 45(3), (4), (5), (5D), (5E), (5F), (5G) and (5H) into the Safeguarding Vulnerable Groups (Northern Ireland) Order 20075;
v
paragraph 12(3) and (4);
vi
paragraph 13(1), (2), (3)(g), (4)(g) and (5);
vii
paragraph 14;
aa
the following paragraphs of Schedule 9—
i
paragraphs 35 to 42
ii
paragraph 43 to 67;
iii
paragraph 68(1), (2), (3), (4)(a) and (c) to (g);
iv
paragraph 69 to 74;
v
paragraph 75 to 103;
vi
paragraph 104 to 107;
vii
paragraph 109(1), (2)(b) and (4);
viii
paragraph 110(1) and (3);
ix
paragraph 111(1), (2), (3), (5) and (6);
x
paragraphs 112 and 115;
xi
paragraph 116(1) and (3);
xii
paragraph 117;
xiii
paragraph 118 insofar as the insertion it makes in section 126(1) of the Police Act 1997 has effect in relation to paragraph (c) of the definition of “certificate”;
xiv
paragraph 129;
bb
Part 5 of Schedule 10 except for the repeal of article 29 of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 20096;
cc
Part 6 of Schedule 10 except for the repeals of sections 113A(4), 113B(6)(a) and 122(3A)(a) and the words “or registered person” in 124A(1)(c) of the Police Act 1997.
Provisions coming into force on 1st October 20123
The day appointed for the coming into force of the following provisions of the Act is 1st October 2012:
a
section 20(1), (10) and (11) (appointment and functions of Commissioner);
b
section 22 (guidance on making national security determinations);
c
section 92 (power of Secretary of State to disregard convictions or cautions);
d
section 93 (applications to the Secretary of State);
e
section 94 (procedure for decisions by the Secretary of State);
f
section 95 (effect of disregard on police and other records);
g
section 96 (effect of disregard for disclosure and other purposes);
h
section 97 (saving for Royal pardons etc.);
i
section 98 (section 96: supplementary);
j
section 99 (appeal against refusal to disregard convictions or cautions);
k
section 100 (advisors);
l
section 101 (interpretation: Chapter 4);
m
section 114 (removal of restrictions on time for marriage or civil partnership);
n
section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (o) below;
o
Part 9 of Schedule 9.
Transitional provisions
4
1
The commencement of sections 64 and 66 of the Act shall have effect in relation to applications to which paragraph (2) applies only in respect of applications received by the Secretary of State on or after 10th September 2012.
5
The commencement of section 80 of the Act shall have effect, in relation to applications made under sections 113A, 113B, 114 and 116 of the Police Act 19979, only in respect of applications received by the Secretary of State on or after 10th September 2012.
6
In articles 8, 10, 12, 14 and 15—
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
“ISA” means the Independent Safeguarding Authority.
7
Articles 8 to 10 apply from 10th September 2012.
8
1
Any person who is on the children’s barred list or the adults’ barred list (within the meaning of section 2 of the 2006 Act or Article 6 of the 2007 Order), at the time that section 67 of, and paragraph 4 of Schedule 7 to, the Act comes into force, may apply to ISA for a review of their inclusion in the children’s barred list or the adults’ barred list (as the case may) in the circumstances set out in paragraph (2).
2
The circumstances are that the person considers that ISA would not, if it were now considering whether to bar that person under paragraphs 2, 3, 5, 8, 9 or 11 of Schedule 3 to the 2006 Act or paragraphs 2, 3, 5, 8, 9 or 11 of Schedule 1 to 2007 Order, as amended by section 67(2) to (4) and (6) to (8) of, and paragraph 4(2) to (4) and (6) to (8) of Schedule 7 to, the Act, have reason to believe that the person is or has been or might in future be engaged in regulated activity relating to children or vulnerable adults (as the case may be).
9
On receiving an application under article 8, ISA must remove the person from the children’s barred list or the adults’ barred list (as the case may be) if it does not have reason to believe that the person has been engaged, or, on the date on which they were barred, might in the future be engaged in regulated activity relating to children or vulnerable adults (as the case may be).
10
Section 4 of the 2006 Act and Article 8 of the 2007 Order apply to any decision of ISA not to remove a person from the children’s barred list or the adults’ barred list (as the case may be) under article 10 of this Order.
11
Article 12 applies from 10th September 2012 until 1st December 2012.
12
The Secretary of State may provide to ISA any information she holds in order to enable ISA to determine whether, in relation to any person, paragraphs 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 3 to the 2006 Act applies or appears to apply.
13
Article 14 applies from 10th September 2012 until 31st March 2014.
14
The Department of Justice in Northern Ireland may provide to ISA any information it holds in order to enable ISA to determine whether, in relation to any person, paragraphs 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the 2007 Order applies or appears to apply.
15
Article 16 applies from 10th September 2012 until such time as section 72(1) of the Act is brought into force for the purposes of inserting section 30A into the 2006 Act.
16
ISA may use any information it holds to check whether any of its members or employees, or prospective members or employees, are on the children’s barred list or the adults’ barred list or both.
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.I.No. |
---|---|---|
section 29 | 1st July 2012 | |
section 30 | 1st July 2012 | |
section 31 | 1st July 2012 | |
section 32 | 1st July 2012 | |
section 33 | 1st July 2012 | |
section 34 | 1st July 2012 | |
section 35 | 1st July 2012 | |
section 36 | 1st July 2012 | |
section 37 | 1st November 2012 | |
section 38 | 1st November 2012 | |
section 39(1) | 1st July 2012 | |
section 40 in relation to England | 1st July 2012 | |
section 41 in relation to England | 1st July 2012 | |
section 42 | 1st July 2012 | |
section 43 in relation to England | 1st July 2012 | |
section 44 in relation to England | 1st July 2012 | |
section 45 in relation to England | 1st July 2012 | |
section 46 in relation to England | 1st July 2012 | |
section 47 | 1st July 2012 | |
section 48 | 1st July 2012 | |
section 49 | 1st July 2012 | |
section 50 | 1st July 2012 | |
section 51 | 1st July 2012 | |
section 52 | 1st July 2012 | |
section 54 | 1st October 2012 | |
section 55 | 1st October 2012 | |
section 56 | 1st October 2012 | |
section 57 | 10th July 2012 | |
section 58 | 10th July 2012 | |
section 59 | 10th July 2012 | |
section 60 | 10th July 2012 | |
section 61 | 10th July 2012 | |
section 62 | 9th May 2012 | |
section 63 | 10th July 2012 | |
section 78 partially | 10th August 2012 | |
section 85 | 1st July 2012 | |
section 104 | 1st July 2012 | |
section 111 | 25th November 2012 | |
section 112 | 25th November 2012 | |
section 115(1) partially | 1st July 2012 | |
section 115(1) partially | 10th July 2012 | |
section 115(1) partially | 1st October 2012 | |
section 115(1) partially | 1st November 2012 | |
section 115(1) partially | 25th November 2012 | |
section 115(2) partially | 1st July 2012 | |
section 115(2) partially | 10th July 2012 | |
section 115(2) partially | 1st October 2012 | |
Schedule 4 | 1st October 2012 | |
Schedule 5 | 10th July 2012 | |
Schedule 6 | 10th July 2012 | |
Schedule 7 partially | 10th August 2012 | |
Schedule 9 partially | 1st July 2012 | |
Schedule 9 partially | 10th July 2012 | |
Schedule 9 partially | 1st October 2012 | |
Schedule 9 partially | 1st November 2012 | |
Schedule 9 partially | 25th November 2012 | |
Schedule 10 partially | 1st July 2012 | |
Schedule 10 partially | 10th July 2012 | |
Schedule 10 partially | 1st October 2012 | |