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The Protection of Freedoms Act 2012 (Commencement No. 9) Order 2013

S.I. 2013/2104 · Made 26 August 2013

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.

Education, England

Police

Made 26th August 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 2012f1:

Annotations to the whole text

Footnotes

f1

2012 c. 9.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 1st September 2013
  3. 3Provisions coming into force on 31st October 2013
  4. Signature
  5. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 9) Order 2013.

(2)

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

2Provisions coming into force on 1st September 2013

The following provisions of the Act come into force on 1st September 2013—

(a)

section 26 (requirement to notify and obtain consent before processing biometric information),

(b)

section 27 (exceptions and further provision about consent and notification), and

(c)

section 28 (interpretation: Chapter 2).

3Provisions coming into force on 31st October 2013

The following provisions of the Act come into force on 31st October 2013—

(a)

section 115(1) insofar as it relates to the provisions of Schedule 9 specified in paragraph (c) below,

(b)

section 115(2) insofar as it relates to the provisions of Schedule 10 specified in paragraph (d) below,

(c)

Part 1 of Schedule 9 (consequential amendments), and

(d)

Part 1 of Schedule 10 (repeals and revocations).

Signature

David Laws

Minister

Department for Education

26th August 2013

Explanatory note

(This note is not part of the Order)

Article 2 brings into force sections 26 to 28 of the Act on 1st September 2013.

Section 26 of the Act imposes a requirement on schools, 16 to 19 Academies and further education institutions to notify parents and obtain parental consent before processing a child’s biometric information.

Section 27 specifies exceptions to the consent requirement and makes further provision about consent and notification.

Section 28 contains definitions relevant to the operation of sections 26 to 28.

Article 3 brings into force consequential amendments and repeals related to Chapter 1 of Part 1 of the Act (destruction, retention and use of fingerprints etc).