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

S.I. 2013/2104 · made 26 August 2013

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

Made under: Protection of Freedoms Act 2012 (Section 120)

PDFs: Printed copy https://openlegislation.uk/protection-of-freedoms-act-2012-commencement-no-9-order-2013/pdf/uksi_20132104_en.pdf

## Introductory text

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 2012:

## 1 Citation 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.

## 2 Provisions 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).

## 3 Provisions 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).

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Source: https://www.legislation.gov.uk/uksi/2013/2104 (the official version)
Page: https://openlegislation.uk/protection-of-freedoms-act-2012-commencement-no-9-order-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.