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The Protection of Freedoms Act 2012 (Commencement No. 4) Order 2012

S.I. 2012/2521 · Made 3 October 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, Englandandwales

Children And Young Persons, Northernireland

Protection Of Vulnerable Adults, Englandandwales

Protection Of Vulnerable Adults, Northern Ireland

Made 3rd October 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 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 15th October 2012
  3. 3Provisions coming into force on 1st December 2012
  4. Signature
  5. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 4) Order 2012.

(2)

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

2Provisions coming into force on 15th October 2012

The day appointed for the coming into force of the following provisions of the Act is 15th October 2012—

(a)

section 87(1) and (2) (formation and constitution of Disclosure and Barring Service);

(b)

section 87(3) (formation and constitution of DBS) insofar as it relates to the paragraphs of Schedule 8 specified in paragraph (d) below;

(c)

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

(d)

paragraphs 1 to 11 and 13 to 20 of Schedule 8 (disclosure and barring service);

(e)

Part 8 of Schedule 9 (consequential amendments).

3Provisions coming into force on 1st December 2012

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

(a)

section 87(3) (formation and constitution of DBS) insofar as it relates to the provisions of Schedule 8 specified in paragraph (b) below;

(b)

Schedule 8 (disclosure and barring service) insofar as it has not already been commenced.

Signature

Taylor of Holbeach

Parliamentary Under-Secretary of State

Home Office

3rd October 2012

Explanatory note

(This note is not part of the Order)

This Order commences the provisions in the Protection of Freedoms Act 2012 (“the Act”) which establish the Disclosure and Barring Service (“DBS”). The Act enables all the functions of the Independent Safeguarding Authority (“ISA”) and the Criminal Records Bureau (“CRB”) to be transferred to the DBS by Order. With the exception of the obligation on the DBS to produce accounts, all the provisions concerned with the establishment of the DBS are commenced on 15th October 2012. The obligation to produce accounts is commenced on 1st December 2012, the date on which it is envisaged that the functions of the ISA and CRB will be transferred to the DBS.