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The Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012 in England

S.I. 2012/2075 · Made 7 August 2012

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.

Children And Young Persons, Northernireland

Criminal Law, England And Wales

Investigatory Powers

Protection Of Vulnerable Adults, Northern Ireland

Road Traffic, England And Wales

Made 7th August 2012

The Secretary of State makes the following Order in exercise of the powers conferred by sections 116(1) and 120(1) of the Protection of Freedoms Act 2012f1.

Annotations to the whole text

Footnotes

f1

2012 c. 9.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 10th August 2012 for the purposes of making regulations
  3. 3Provisions coming into force on 1st October 2012
  4. 4Provisions coming into force on 1st November 2012
  5. 5Provisions coming into force on 25th November 2012
  6. 6Transitional provisions
  7. Signature
  8. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012.

(2)

In this Order “the Act” means the Protection of Freedoms Act 2012.

2Provisions coming into force on 10th August 2012 for the purposes of making regulations

The day appointed for the coming into force of the following provisions of the Act is 10th August 2012—

(a)

section 78 (corresponding amendments in relation to Northern Ireland) insofar as it relates to the provisions of Schedule 7 specified in paragraph (b) below;

(b)

paragraphs 3(2) and 14(4) of Schedule 7 for the purposes of making regulations.

3Provisions coming into force on 1st October 2012

The day appointed for the coming into force of the following provisions of the Act is 1st October 2012—

(a)

section 54 (offence of immobilising etc. vehicles);

(b)

section 55 (extension of powers to remove vehicles from land);

(c)

section 56 (recovery of unpaid parking charges) in relation to England;

(d)

section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (g) below;

(e)

section 115(2) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 10 specified in paragraph (h) below;

(f)

Schedule 4 (recovery of unpaid parking charges) in relation to England;

(g)

Part 4 of Schedule 9 (consequential amendments);

(h)

Part 3 of Schedule 10 (repeals and revocations).

4Provisions coming into force on 1st November 2012

The day appointed for the coming into force of the following provisions of the Act is 1st November 2012—

(a)

section 37 (judicial approval for obtaining or disclosing communications data);

(b)

section 38 (judicial approval for directed surveillance and covert human intelligence sources);

(c)

section 115(1) (consequential amendments, repeals and revocation) insofar as it relates to the provisions of Schedule 9 specified in paragraphs (d) and (e) below;

(d)

paragraphs 6 to 14 and 16 to 17 of Schedule 9 (consequential amendments);

(e)

paragraph 15 of Schedule 9 (consequential amendments) except insofar as it inserts the words “or 32A” into section 77A(1) of the Regulation of Investigatory Powers Act 2000f1 and the heading preceding that section.

5Provisions coming into force on 25th November 2012

The day appointed for the coming into force of the following provisions of the Act is 25th November 2012—

(a)

section 111 (offences in relation to stalking);

(b)

section 112 (power of entry in relation to stalking);

(c)

section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (d) below;

(d)

Part 11 of Schedule 9 (consequential amendments).

6Transitional provisions

Sections 37 and 38 of the Act only have effect in relation to—

(a)

authorisations granted or renewed under section 22(3), (3B) or (3F) of the Regulation of Investigatory Powers Act 2000 on or after 1st November 2012;

(b)

notices given or renewed under section 22(4) of that Act on or after 1st November 2012;

(c)

authorisations granted under section 28 or 29 of that Act on or after 1st November 2012.

Signature

Nick Herbert

Minister of State

Home Office

7th August 2012

Explanatory note

(This note is not part of the Order)

Article 2 of this Order commences various provisions in Schedule 7 to the Act which amend the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351) (N.I. 11) for the purposes of making regulations under those provisions on 10th August 2012.

Article 3 of this Order commences the new offence of unlawfully immobilising vehicles on land, amendments to the Road Traffic Regulation Act 1984 (c. 27) and provisions to recover unpaid parking charges on 1st October 2012.

Article 4 of this Order commences amendments to the Regulation of Investigatory Powers Act 2000 (“RIPA”) on 1st November 2012.

Article 5 of this Order commences two new offences of stalking and associated powers of entry on 25th November 2012.

Article 6 of this Order provides that the commencement of the amendments to RIPA only has effect in relation to authorisations that are granted or renewed, and notices that are given, under the relevant provisions of RIPA on or after 1st November 2012.