Protection of Freedoms Act 2012 in Scotland
2012 c. 9 · Enacted 1 May 2012 · Extends to United Kingdom
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.
[1st May 2012]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Regulation of biometric data
- Chapter 1: Destruction, retention and use of fingerprints etc.
- 1Destruction of fingerprints and DNA profiles
- 2Material retained pending investigation or proceedings
- 3Persons arrested for or charged with a qualifying offence
- 4Persons arrested for or charged with a minor offence
- 5Persons convicted of a recordable offence
- 6Persons convicted of an offence outside England and Wales
- 7Persons under 18 convicted of first minor offence
- 8Persons given a penalty notice
- 9Material retained for purposes of national security
- 10Material given voluntarily
- 11Material retained with consent
- 12Material obtained for one purpose and used for another
- 13Destruction of copies
- 14Destruction of samples
- 15Destruction of impressions of footwear
- 16Use of retained material
- 17Exclusions for certain regimes
- 18Interpretation and minor amendments of PACE
- Amendments of regimes other than PACE
- 19Amendments of regimes other than PACE
- The Commissioner for the Retention and Use of Biometric Material
- 20Appointment and functions of Commissioner
- 21Reports by Commissioner
- Other provisions
- 22Guidance on making national security determinations
- 25Material taken before commencement
- 26Requirement to notify and obtain consent before processing biometric information
- Part 2: Regulation of surveillance
- Code of practice
- Procedural requirements
- 30Issuing of code
- 31Alteration or replacement of code
- 32Publication of code
- Enforcement and Commissioner
- 34Commissioner in relation to code
- 35Reports by Commissioner
- Interpretation
- 36Interpretation: Chapter 1
- Chapter 2: Safeguards for certain surveillance under RIPA
- 37Judicial approval for obtaining or disclosing communications data Repealed
- 38Judicial approval for directed surveillance and covert human intelligence sources
- Part 3: Protection of property from disproportionate enforcement action
- Chapter 1: Powers of entry
- Repealing, adding safeguards or rewriting powers of entry
- 39Repealing etc. unnecessary or inappropriate powers of entry
- 40Adding safeguards to powers of entry
- 41Rewriting powers of entry
- 42Duty to review certain existing powers of entry
- 43Consultation requirements before modifying powers of entry
- 44Procedural and supplementary provisions
- 45Devolution: Scotland and Northern Ireland
- 46Sections 39 to 46: interpretation
- Codes of practice in relation to powers of entry
- 47Code of practice in relation to non-devolved powers of entry
- 48Issuing of code
- 49Alteration or replacement of code
- 50Publication of code
- 51Effect of code
- 52Sections 47 to 51: interpretation
- Offence of immobilising etc. vehicles
- 54Offence of immobilising etc. vehicles
- Alternative remedies in relation to vehicles left on land
- 55Extension of powers to remove vehicles from land
- 56Recovery of unpaid parking charges
- Part 4: Counter-terrorism powers
- Pre-charge detention of terrorist suspects
- 57Maximum detention period of 14 days
- 58Emergency power for temporary extension and review of extensions
- Stop and search powers: general
- 59Repeal of existing stop and search powers
- 60Replacement powers to stop and search persons and vehicles
- 61Replacement powers to stop and search in specified locations
- 62Code of practice
- 63Stop and search powers in relation to Northern Ireland
- Part 5: Safeguarding vulnerable groups, criminal records etc.
- 64Restriction of scope of regulated activities: children
- 65Restriction of definition of vulnerable adults
- 66Restriction of scope of regulated activities: vulnerable adults
- 67Alteration of test for barring decisions
- 68Abolition of controlled activity
- 69Abolition of monitoring
- 70Information for purposes of making barring decisions
- 71Review of barring decisions
- 72Information about barring decisions
- 73Duty to check whether person barred Not yet in force
- 74Restrictions on duplication with Scottish and Northern Ireland barred lists Not yet in force
- 75Professional bodies
- 76Supervisory authorities
- 77Minor amendments
- 78Corresponding amendments in relation to Northern Ireland
- Chapter 2: Criminal records
- 79Restriction on information provided to certain persons
- 80Minimum age for applicants for certificates or to be registered
- 81Additional grounds for refusing an application to be registered
- 82Enhanced criminal record certificates: additional safeguards
- 83Up-dating certificates
- 84Criminal conviction certificates: conditional cautions
- Other
- 86Out of date references to certificates of criminal records
- Chapter 3: The Disclosure and Barring Service
- 88Transfer of functions to DBS and dissolution of ISA
- Supplementary
- 91Tax in connection with transfer schemes
- 93Applications to the Secretary of State
- Effect of disregard
- 96Effect of disregard for disclosure and other purposes
- 97Saving for Royal pardons etc.
- 98Section 96: supplementary
- 99Appeal against refusal to disregard convictions or cautions
- 100Advisers
- General
- 101BApplications to the Department of Justice
- 101CProcedure for decisions by the Department of Justice
- Effect of disregard
- 101DEffect of disregard on police and other records
- 101EEffect of disregard for disclosure and other purposes
- 101FSaving for Royal pardons etc
- 101GSection 101E: supplementary
- Appeals and other supplementary provision
- Part 6: Freedom of information and data protection
- Publication of certain datasets
- 102Release and publication of datasets held by public authorities
- Other amendments relating to freedom of information
- 103Meaning of “publicly-owned company”
- 104Extension of certain provisions to Northern Ireland bodies
- The Information Commissioner
- 105Appointment and tenure of Information Commissioner
- 106Alteration of role of Secretary of State in relation to guidance powers
- 107Removal of Secretary of State consent for fee-charging powers etc.
- 108Removal of Secretary of State approval for staff numbers, terms etc.
- Part 7: Miscellaneous and general
- 111Offences in relation to stalking
- 112Power of entry in relation to stalking
- 113Repeal of provisions for conducting certain fraud cases without jury
- 114Removal of restrictions on times for marriage or civil partnership
- General
- 115Consequential amendments, repeals and revocations
- 116Transitional, transitory or saving provision
- 117Financial provisions
- 118Channel Islands and Isle of Man
- 119Extent
- 120Commencement
- 121Short title
- Schedule 1: Amendments of regimes other than PACE
- Part 1: Material subject to the Terrorism Act 2000
- 1Paragraph 1
- Part 3: Material subject to section 18 of the Counter-Terrorism Act 2008
- 3Paragraph 3
- 4Paragraph 4
- Part 4: Material subject to the Terrorism Prevention and Investigation Measures Act 2011
- 5Paragraph 5
- Part 5: Material subject to the Criminal Procedure (Scotland) Act 1995
- 6Paragraph 6
- 7Paragraph 7 Not yet in force
- Part 7: Corresponding Northern Ireland provision for excepted or reserved matters etc.
- 8Paragraph 8
- Schedule 2: Repeals etc. of powers of entry
- Part 1: Water and Environment
- 1Paragraph 1
- Merchant Shipping Act 1995
- 2Paragraph 2
- 3Paragraph 3
- Part 2: Agriculture
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522)
- 8Paragraph 8
- Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (S.I. 2006/2821)
- 9Paragraph 9
- Part 3: Miscellaneous
- Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642)
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629)
- 13Paragraph 13
- Cross-border Railway Services (Working Time) Regulations 2008 (2008/1660)
- 14Paragraph 14
- Payment Services Regulations 2009 (S.I. 2009/209)
- 15Paragraph 15
- Code of practice Not yet in force
- Issuing of code Not yet in force
- 2Paragraph 2 Not yet in force
- Alteration or replacement of code Not yet in force
- 3Paragraph 3 Not yet in force
- Publication of code Not yet in force
- 4Paragraph 4 Not yet in force
- Effect of code Not yet in force
- 5Paragraph 5 Not yet in force
- Interpretation Not yet in force
- 6Paragraph 6 Not yet in force
- Introductory
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Right to claim unpaid parking charges from keeper of vehicle
- 4Paragraph 4
- Conditions that must be met for purposes of paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Hire vehicles
- 13Paragraph 13
- 14Paragraph 14
- Application to Crown vehicles etc
- 15Paragraph 15
- Power to amend Schedule
- 16Paragraph 16
- Parliamentary procedure
- 17Paragraph 17
- Schedule 5: Replacement powers to stop and search: supplementary provisions
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Restriction of scope of regulated activities: children
- 1Paragraph 1
- Restriction of definition of vulnerable adults
- 2Paragraph 2
- Restriction of scope of regulated activities: vulnerable adults
- 3Paragraph 3
- Alteration of test for barring decisions
- 4Paragraph 4
- Abolition of controlled activity
- 5Paragraph 5
- Abolition of monitoring
- 6Paragraph 6
- Information for purposes of making barring decisions
- 7Paragraph 7
- Review of barring decisions
- 8Paragraph 8
- Information about barring decisions
- 9Paragraph 9
- Duty to check whether person barred Not yet in force
- 10Paragraph 10 Not yet in force
- Restrictions on duplication with barred lists in England and Wales and Scotland Not yet in force
- 11Paragraph 11 Not yet in force
- Professional bodies
- 12Paragraph 12
- Supervisory authorities
- 13Paragraph 13
- Minor amendments
- 14Paragraph 14
- Schedule 8: Disclosure and Barring Service
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Remuneration, pensions etc of staff
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Schedule 9: Consequential amendments
- Part 1: Destruction, retention and use of fingerprints etc.
- House of Commons Disqualification Act 1975
- 1Paragraph 1
- Northern Ireland Assembly Disqualification Act 1975
- 2Paragraph 2
- Police and Criminal Evidence Act 1984
- 3Paragraph 3
- Crime and Security Act 2010
- 4Paragraph 4
- Part 2: The Surveillance Camera Commissioner
- House of Commons Disqualification Act 1975
- 5Paragraph 5
- Part 3: Safeguards for certain surveillance under RIPA
- Regulation of Investigatory Powers Act 2000
- 6Paragraph 6
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Road Traffic Regulation Act 1984
- 18Paragraph 18
- Airports Act 1986
- 19Paragraph 19
- Private Security Industry Act 2001
- 20Paragraph 20
- Part 5: Counter-terrorism powers
- Police and Criminal Evidence Act 1984
- 21Paragraph 21
- Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- 22Paragraph 22
- Terrorism Act 2000
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Regulation of Investigatory Powers Act 2000
- 27Paragraph 27
- Criminal Justice and Police Act 2001
- 28Paragraph 28
- 29Paragraph 29
- Police Reform Act 2002
- 30Paragraph 30 Repealed
- Police (Northern Ireland) Act 2003
- 31Paragraph 31
- Terrorism Act 2006
- 32Paragraph 32
- Counter-Terrorism Act 2008
- 33Paragraph 33
- Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)
- 34Paragraph 34
- Police Act 1997
- 36Paragraph 36
- 37Paragraph 37
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- Police Act 1997
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114 Not yet in force
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118Paragraph 118
- Gambling Act 2005
- 119Paragraph 119
- National Health Service Act 2006
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123
- National Health Service (Wales) Act 2006
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- 127Paragraph 127
- 128Paragraph 128
- Safeguarding Vulnerable Groups Act 2006
- 129Paragraph 129
- Part 8: The Disclosure and Barring Service
- Parliamentary Commissioner Act 1967
- 130Paragraph 130
- House of Commons Disqualification Act 1975
- 131Paragraph 131
- Northern Ireland Assembly Disqualification Act 1975
- 132Paragraph 132
- Freedom of Information Act 2000
- 133Paragraph 133
- Rehabilitation of Offenders Act 1974
- 134Paragraph 134
- Police Act 1997
- 135Paragraph 135
- Children and Young Persons Act 1933
- Police and Criminal Evidence Act 1984
- 137Paragraph 137
- Proceeds of Crime Act 2002
- Criminal Justice Act 2003
- 139Paragraph 139
- Sexual Offences Act 2003
- Asylum and Immigration (Treatment of Claimants, etc) Act 2004
- Serious Crime Act 2007
- 142Paragraph 142
- Part 11: Stalking
- 143Paragraph 143
- 144Paragraph 144
- Criminal Justice and Police Act 2001
- 145Paragraph 145
- Sexual Offences Act 2003
- 146Paragraph 146
- 147Paragraph 147
- Part 12: Repeal of provisions for conducting certain fraud cases without jury
- Criminal Justice Act 2003
- 148Paragraph 148
- Schedule 10: Repeals and revocations
- 1Destruction, retention and use of fingerprints etc.
- 2Powers of entry
- 4Counter-terrorism powers
- 7Freedom of information
- 8The Information Commissioner
- 10Repeal of provisions for conducting certain fraud cases without jury