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The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012

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  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation, commencement, extent and interpretation

  3. PART 2 Transfer of the Independent Safeguarding Authority’s functions

    1. CHAPTER 1 Transfer of ISA’s functions

      1. 2.Transfer of ISA’s functions

    2. CHAPTER 2 Consequential amendments to the principal enactments

      1. 3.Consequential amendments to the 2006 Act

      2. 4.In section 2 omit “establish and”.

      3. 5.In section 60(1) after the definition of “the children’s barred...

      4. 6.Consequential amendments to the 2007 Order

      5. 7.For Article 5 substitute— Disclosure and Barring Service In this Order references to DBS are references to the...

      6. 8.In Article 6 omit “establish and”.

      7. 9.Consequential amendments to the 2008 Northern Ireland Transitional Provisions Order

      8. 10.In the following provisions of the 2008 Northern Ireland Transitional...

      9. 11.Consequential amendments to the 2008 Transitional Provisions Order

      10. 12.In the following provisions of the 2008 Transitional Provisions Order...

    3. CHAPTER 3 Consequential amendments to other enactments

      1. 13.Consequential amendments to other enactments

      2. 14.Consequential amendment to the Parliamentary Commissioner Act 1967

      3. 15.Consequential amendment to the Superannuation Act 1972

      4. 16.Consequential amendment to the Data Protection Act 1998

      5. 17.Consequential amendment to the Freedom of Information Act 2000

      6. 18.Consequential amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

      7. 19.In article 3(a)(ii) for “40, 43 or 44” substitute “38,...

      8. 20.(1) Part II of Schedule 1 is amended as follows....

      9. 21.Consequential amendments to the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001

      10. 22.In regulation 9(1)(c)— (a) for “Independent Barring Board, established under...

      11. 23.In regulation 9(1)(c), in the Welsh language text of those...

      12. 24.Consequential amendments to the Education (Supply of Information) (Wales) Regulations 2009

      13. 25.In regulation 1(3) for “Independent Barring Board” substitute “Disclosure and...

      14. 26.In regulation 1(3), in the Welsh language text of those...

      15. 27.Consequential amendments to the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

      16. 28.In article 2 for the definition of “Independent Safeguarding Authority”...

      17. 29.In articles 18, 19 and 20, and the subject heading...

      18. 30.Consequential amendments to the Family Procedure Rules 2010

      19. 31.Consequential amendments to the Fostering Services (England) Regulations 2011

      20. 32.In regulation 2(1) for ““Independent Safeguarding Authority” has the meaning...

      21. 33.In Schedule 7 for “Independent Safeguarding Authority” substitute “Disclosure and...

    4. CHAPTER 4 Supplemental provisions

      1. 34.Further references to ISA and DBS

      2. 35.Any reference to the Disclosure and Barring Service which arises...

  4. PART 3 Transfer of the Secretary of State’s functions

    1. CHAPTER 1 Transfer of the Secretary of State’s functions under Part 5 of the 1997 Act

      1. 36.Amendment of Part 5 of the 1997 Act

      2. 37.In the following provisions for “the Secretary of State” and...

      3. 38.In section 113A(5)— (a) in paragraph (a) for “his” substitute...

      4. 39.In section 113B— (a) in subsection (7) for “his” substitute...

      5. 40.In section 117(2) for “he” in both places where it...

      6. 41.In section 118— (a) in subsection (1) for “he” substitute...

      7. 42.In section 119— (a) in subsection (1) for “him” substitute...

      8. 43.In section 120(2)(a) for “him” substitute “it”.

      9. 44.In section 120A(1) for “him” substitute “it”.

      10. 45.In section 120AB— (a) in subsection (1) for “his” substitute...

      11. 46.In section 122(3B) for “he” substitute “it”.

      12. 47.In section 126(1) after the definition of “chief officer” insert—...

    2. CHAPTER 2 Transfer of the Secretary of State’s functions under the 2006 Act

      1. 48.In the following provisions of the 2006 Act for “the...

    3. CHAPTER 3 Transfer of the Secretary of State’s functions under the 2007 Order

      1. 49.In the following provisions of the 2007 Order for “the...

    4. CHAPTER 4 Consequential amendments to the 1997 Act, the 2006 Act and the 2007 Order

      1. 50.Consequential amendments to the 1997 Act in England and Wales

      2. 51.Omit section 122A of the 1997 Act.

      3. 52.Consequential amendments to the 1997 Act in Northern Ireland

      4. 53.In section 126A of the 1997 Act omit—

      5. 54.Consequential amendments to the 2006 Act

      6. 55.Schedule 3 to the 2006 Act is amended as follows....

      7. 56.For sub-paragraphs (2) and (3) of paragraph 1 substitute—

      8. 57.For sub-paragraphs (2) and (3) of paragraph 2 substitute—

      9. 58.For sub-paragraphs (2) and (3) of paragraph 7 substitute—

      10. 59.For sub-paragraphs (2) and (3) of paragraph 8 substitute—

      11. 60.Omit paragraph 19(8).

      12. 61.Omit paragraph 20(2).

      13. 62.Consequential amendments to the 2007 Order

      14. 63.Schedule 1 to the 2007 Order is amended as follows....

      15. 64.For sub-paragraphs (2) and (3) of paragraph 1 substitute—

      16. 65.For sub-paragraphs (2) and (3) of paragraph 2 substitute—

      17. 66.For sub-paragraphs (2) and (3) of paragraph 7 substitute—

      18. 67.For sub-paragraphs (2) and (3) of paragraph 8 substitute—

      19. 68.Omit paragraph 20(3).

    5. CHAPTER 5 Consequential amendments to other enactments

      1. 69.Consequential amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

      2. 70.In article 3(l) for “Secretary of State” substitute “Disclosure and...

      3. 71.In Part II of Schedule 1 omit paragraph 44.

      4. 72.Consequential amendments to the Data Protection Act 1998

      5. 73.In entry 2 in the table in section 56(6) omit...

      6. 74.In entry 4 in the table in section 56(6)—

      7. 75.In section 75(4) omit “by the Secretary of State”.

      8. 76.Consequential amendments to the Police Act 1997 (Criminal Records) Regulations 2002

      9. 77.In regulation 5A omit paragraph (z).

      10. 78.In regulation 11(1), (1)(b), (2), (2A), (3) and (4) for...

      11. 79.Consequential amendments to the Independent Schools (Provision of Information) (Wales) Regulations 2003

      12. 80.In paragraph 3(16) of the Schedule for “Criminal Records Bureau”...

      13. 81.In paragraphs 7(d) and 10(d) of the Schedule for “Secretary...

      14. 82.In paragraph 3(16) of the Schedule, in the Welsh language...

      15. 83.In paragraphs 7(ch) and 10(ch) of the Schedule, in the...

      16. 84.Consequential amendments to the Pensions Act 2004

      17. 85.At the end of the table in Schedule 8 to...

      18. 86.Consequential amendments to the Police Act 1997 (Criminal Records) (Registration) Regulations 2006

      19. 87.In regulation 2 after the definition of the “1997 Act”...

      20. 88.In the following provisions for “the Secretary of State” substitute...

      21. 89.Consequential amendments to the Local Authority Adoption Service (Wales) Regulations 2007

      22. 90.In regulation 16(3)(e) for “CRB” each time it occurs substitute...

      23. 91.In paragraph 5 of Schedule 4 for “Criminal Records Bureau”...

      24. 92.In regulation 16(3)(d), in the Welsh language text of those...

      25. 93.In paragraph 5 of Schedule 4, in the Welsh language...

      26. 94.Consequential amendments to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

      27. 95.Consequential amendments to the Special Educational Needs Tribunal for Wales Regulations 2012

      28. 96.In regulation 66(4) for “Criminal Records Bureau” substitute “Disclosure and...

      29. 97.In regulation 66(4), in the Welsh language text of those...

    6. CHAPTER 6 Supplemental provisions

      1. 98.Supplemental provisions relating to Secretary of State functions

      2. 99.Anything done before the coming into force of this Order...

      3. 100.Any enactment or instrument passed or made before the coming...

  5. PART 4 Transitional provisions

    1. 101.Appeals and legal proceedings

    2. 102.(1) DBS shall be substituted as the respondent (or the...

    3. 103.Information

    4. 104.Representations

    5. 105.(1) Any representations which can be made to the Secretary...

    6. 106.Reviews

    7. 107.Any application for a review received by ISA prior to...

    8. 108.Report and accounts

    9. 109.Advice

    10. 110.Registration

  6. PART 5 Dissolution of the Independent Safeguarding Authority

    1. 111.Dissolution of ISA

    2. 112.Section 1 of, and Schedules 1 and 2 to, the...

  7. Signature

  8. Explanatory Note

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