The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013

S.I. 2013/1814 · Made 18 July 2013

Police, England And Wales

Made 18th July 2013

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

Annotations to the whole text

Footnotes

f1: 2012 c. 9.

1Citation and interpretation
2Provisions coming into force on 31st October 2013
3Provisions coming into force on 31st January 2014
Signature
Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013.

(2)

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

2Provisions coming into force on 31st October 2013

The day appointed for the coming into force of the following provisions of the Act is 31st October 2013:

(a)

sections 1 to 12;

(b)

section 13 insofar as it inserts section 63Q(2) into the Police and Criminal Evidence Act 1984^f1;

(c)

section 14 (destruction of samples) except for the purpose of the application of section 63R of the Police and Criminal Evidence Act 1984 to samples which are, or may become, disclosable under—

(i)

the Criminal Procedure and Investigations Act 1996^f2, or

(ii)

a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act;

(d)

sections 15 to 19;

(e)

section 20 insofar as it is not already in force;

(f)

section 21;

(g)

sections 23 to 25;

(h)

paragraph 1(1) to (3) of Schedule 1 (amendment of regimes other than PACE);

(i)

paragraph 1(4) of Schedule 1 except—

(i)

for the purpose of the insertion of paragraph 20F(1) into Schedule 8 to the Terrorism Act 2000^f3 (destruction of copies of fingerprints);

(ii)

for the purpose of the application of paragraph 20G of Schedule 8 to the Terrorism Act 2000 to samples which are, or may become, disclosable under—

(aa)

the Criminal Procedure and Investigations Act 1996, or

(bb)

a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act;

(j)

paragraph 1(5) to (8) of Schedule 1;

(k)

paragraphs 2 to 6 of Schedule 1.

3Provisions coming into force on 31st January 2014

The day appointed for the coming into force of the following provisions of the Act is 31st January 2014:

(a)

section 13 (destruction of copies) to the extent not previously commenced;

(b)

paragraph 1(4) of Schedule 1 for the purpose of the insertion of paragraph 20F(1) into Schedule 8 to the Terrorism Act 2000 (destruction of copies of fingerprints).

Signature

Taylor of Holbeach

Parliamentary Under-Secretary of State

Home Office

18th July 2013

Explanatory note

(This note is not part of the Order)

This Order commences provisions in the Protection of Freedoms Act 2012 (“the Act”) which relate to the destruction, retention and use of material including fingerprints, DNA samples and DNA profiles.

Article 2 provides for the commencement of most provisions of Chapter 1 of Part 1 of the Act on 31st October 2013.

Article 2(c) has the effect that section 14 of the Act, which inserts section 63R into the Police and Criminal Evidence Act 1984, is commenced except for the purpose of samples which are, or may become, disclosable under the Criminal Procedure and Investigations Act 1996 or its attendant Code of Practice. Legislation is currently before Parliament which, if enacted, will exclude such samples from the ambit of section 63R.

Article 2(i) has equivalent effect to article 2(c) in respect of samples taken under the Terrorism Act 2000.

Article 3(a) provides for the commencement of section 13 of the Act (insofar as it provides for the destruction of copies of fingerprints) on 31st January 2014. Article 3(b) has equivalent effect in relation to material taken under the Terrorism Act 2000.