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The Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111540190

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 4th June 2013 and published on 6th June 2013 [ISBN 978-0-11-153980-4]. It is being issued free of charge to all known recipients of that draft Statutory Instrument.

Draft Order laid before Parliament under sections 30(1) and 33(9) of the Protection of Freedoms Act 2012 for approval by resolution of each House of Parliament.

Police, England And Wales

Rights Of The Subject, England And Wales

Surveillance Cameras

Made

Coming into force in accordance with article 1

The Secretary of State:

(1)

has, under section 29(1) of the Protection of Freedoms Act 2012f1 prepared a code of practice containing guidance about surveillance camera systems;

(2)

has consulted in accordance with sections 29(5) and 33(8) of that Act;

(3)

has, in accordance with section 30(1)(a) of that Act, laid before Parliament the code of practice that has been prepared;

A draft of this Order has been laid before Parliament and approved by each House of Parliament in accordance with sections 30(1)(b) and (2) and 33(9) of that Act;

The Secretary of State, in exercise of the powers conferred upon her by sections 30(2) and 33(5)(k) of that Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

2012 c.9.

Contents

  1. 1Citation and commencement
  2. 2Surveillance Camera Code of Practice
  3. 3Specification of relevant authorities
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013, and shall come into force on the seventh day after the day on which it is made.

2Surveillance Camera Code of Practice

The Surveillance Camera Code of Practice which was laid before Parliament on 4th June 2013 shall come into operation on the day on which this Order comes into force.

3Specification of relevant authorities

The following persons are specified as a “relevant authority” for the purposes of section 33(5)(k) of the Protection of Freedoms Act 2012–

(a)

The chief constable of the British Transport Police;

(b)

The Serious Organised Crime Agency;

(c)

The chief constable of the Civil Nuclear Constabulary; and

(d)

The chief constable of the Ministry of Defence Police.

Signature

Name

Parliamentary Under-Secretary of State

Home Office

Date

Explanatory note

(This note is not part of the Order)

This Order brings into force a Code of Practice for surveillance camera systems, which the Secretary of State is required to prepare, pursuant to section 29(1) of the Protection of Freedoms Act 2012. The purpose of this Code is to set out guidance about the use of surveillance camera systems, and the use of images or information obtained by virtue of such systems.

Relevant authorities, as defined in section 33(5) of the 2012 Act, will be under a statutory duty to have regard to this Code when exercising any functions to which this Code relates. Article 3 of this Order adds various specified persons to the list of relevant authorities that will be obliged to have regard to the Code.

Pursuant to section 32(1) of the Protection of Freedoms Act 2012, the Secretary of State will arrange for this Code to be published. The Code of Practice will also be available on the Home Office website. A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sector is foreseen.