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Protection of Freedoms Act 2012

Type Public General Act

Publication 2012-05-01

Last updated 2026-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) any procedures offered by the creditor for dealing informally with representations by the hirer about the notice or any matter contained in it; and

(b) any arrangements under which disputes or complaints (however described) may be referred by the hirer to independent adjudication or arbitration.

Application to Crown vehicles etc

15

(1) The provisions of this Schedule apply to—

(a) vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994 (other than a vehicle exempted by sub-paragraph (2)), and

(b) any person in the public service of the Crown who is the keeper of a vehicle falling within paragraph (a).

(2) But this Schedule does not apply in relation to a vehicle that—

(a) at the relevant time is used or appropriated for use for naval, military or air force purposes, or

(b) belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952) or is at the relevant time used or appropriated for use by such forces.

Power to amend Schedule

16

(1) The appropriate national authority may by order made by statutory instrument amend this Schedule for the purpose of—

(a) amending the definition of “relevant land” in paragraph 3;

(b) adding to, removing or amending any of the conditions to which the right conferred by paragraph 4 is for the time being subject.

(2) The power to amend this Schedule for the purpose mentioned in sub-paragraph (1)(b) includes, in particular, power to add to, remove or amend—

(a) any provisions that are applicable for the purposes of a condition; and

(b) any powers of the appropriate national authority to prescribe anything for the purposes of a condition by regulations made by statutory instrument.

(3) An order under this paragraph may—

(a) include incidental, supplementary, transitional, transitory or saving provision;

(b) make different provision for different purposes.

Parliamentary procedure

17

(1) A statutory instrument containing regulations under any provision of this Schedule is subject to annulment by—

(a) a resolution of either House of Parliament (in the case of regulations made by the Secretary of State); or

(b) a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).

(2) A statutory instrument containing an order made under paragraph 16—

(a) in the case of an order of the Secretary of State, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;

(b) in the case of an order of the Welsh Ministers, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

SCHEDULE 5

After Schedule 6A to the Terrorism Act 2000 insert—

SCHEDULE 6

1

(1) Paragraph 4 of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 (stopping and searching persons in relation to unlawful munitions and wireless apparatus) is amended as follows.

(2) In sub-paragraph (1) (power to stop and search without reasonable suspicion) for “An officer” substitute “ A member of Her Majesty's forces who is on duty ”.

(3) In sub-paragraph (2)—

(a) for “officer”, in the first place where it appears, substitute “ member of Her Majesty's forces who is on duty ”, and

(b) for “officer”, in the second place where it appears, substitute “ member concerned ”.

(4) After sub-paragraph (3) insert—

(4) A constable may search a person (whether or not that person is in a public place) whom the constable reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him.

(5) In the italic cross-heading before paragraph 4, at the end, insert “ : general ”.

2

After paragraph 4 of that Schedule to that Act insert—

(4A) (1) A senior officer may give an authorisation under this paragraph in relation to a specified area or place if the officer— (a) reasonably suspects (whether in relation to a particular case, a description of case or generally) that the safety of any person might be endangered by the use of munitions or wireless apparatus, and (b) reasonably considers that— (i) the authorisation is necessary to prevent such danger, (ii) the specified area or place is no greater than is necessary to prevent such danger, and (iii) the duration of the authorisation is no longer than is necessary to prevent such danger. (2) An authorisation under this paragraph authorises any constable to stop a person in the specified area or place and to search that person. (3) A constable may exercise the power conferred by an authorisation under this paragraph only for the purpose of ascertaining whether the person has munitions unlawfully with that person or wireless apparatus with that person. (4) But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there are such munitions or wireless apparatus. (5) A constable exercising the power conferred by an authorisation under this paragraph may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves. (6) Where a constable proposes to search a person by virtue of an authorisation under this paragraph, the constable may detain the person for such time as is reasonably required to permit the search to be carried out at or near the place where the person is stopped. (7) A senior officer who gives an authorisation under this paragraph orally must confirm it in writing as soon as reasonably practicable. (8) In this paragraph and paragraphs 4B to 4I— - “senior officer” means an officer of the Police Service of Northern Ireland of at least the rank of assistant chief constable, - “specified” means specified in an authorisation. (4B) (1) An authorisation under paragraph 4A has effect during the period— (a) beginning at the time when the authorisation is given, and (b) ending with the specified date or at the specified time. (2) This paragraph is subject as follows. (4C) The specified date or time must not occur after the end of the period of 14 days beginning with the day on which the authorisation is given. (4D) (1) The senior officer who gives an authorisation must inform the Secretary of State of it as soon as reasonably practicable. (2) An authorisation ceases to have effect at the end of the period of 48 hours beginning with the time when it is given unless it is confirmed by the Secretary of State before the end of that period. (3) An authorisation ceasing to have effect by virtue of sub-paragraph (2) does not affect the lawfulness of anything done in reliance on it before the end of the period concerned. (4) When confirming an authorisation, the Secretary of State may— (a) substitute an earlier date or time for the specified date or time; (b) substitute a more restricted area or place for the specified area or place. (4E) The Secretary of State may cancel an authorisation with effect from a time identified by the Secretary of State. (4F) (1) A senior officer may— (a) cancel an authorisation with effect from a time identified by the officer concerned; (b) substitute an earlier date or time for the specified date or time; (c) substitute a more restricted area or place for the specified area or place. (2) Any such cancellation or substitution in relation to an authorisation confirmed by the Secretary of State under paragraph 4D does not require confirmation by the Secretary of State. (4G) The existence, expiry or cancellation of an authorisation does not prevent the giving of a new authorisation. (4H) (1) An authorisation under paragraph 4A given by a senior officer may specify— (a) the whole or part of Northern Ireland, (b) the internal waters or any part of them, or (c) any combination of anything falling within paragraph (a) and anything falling within paragraph (b). (2) In sub-paragraph (1)(b) “internal waters” means waters in the United Kingdom which are adjacent to Northern Ireland. (3) Where an authorisation specifies more than one area or place— (a) the power of a senior officer under paragraph 4B(1)(b) to specify a date or time includes a power to specify different dates or times for different areas or places (and the other references in this Schedule to the specified date or time are to be read accordingly), and (b) the power of the Secretary of State under paragraph 4D(4)(b), and of a senior officer under paragraph 4F(1)(c), includes a power to remove areas or places from the authorisation. (4I) (1) Sub-paragraph (2) applies if any decision of— (a) a senior officer to give, vary or cancel an authorisation under paragraph 4A, or (b) the Secretary of State to confirm, vary or cancel such an authorisation, is challenged on judicial review or in any other legal proceedings. (2) The Secretary of State may issue a certificate that— (a) the interests of national security are relevant to the decision, and (b) the decision was justified. (3) The Secretary of State must notify the person making the challenge (“the claimant”) if the Secretary of State intends to rely on a certificate under this paragraph. (4) Where the claimant is notified of the Secretary of State's intention to rely on a certificate under this paragraph— (a) the claimant may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and (b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure and further appeal) apply but subject to sub-paragraph (5). (5) In its application by virtue of sub-paragraph (4)(b), section 90(3) of the Act of 1998 is to be read as if for the words from “subsection” to “that purpose,” there were substituted “paragraph 4I(4)(a) of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 the Tribunal determines that— (a) the interests of national security are relevant to the decision to which the certificate relates, and (b) the decision was justified, (6) Rules made under section 91 or 92 of the Act of 1998 which are in force immediately before this paragraph comes into force have effect in relation to a certificate under this paragraph— (a) with any necessary modifications, and (b) subject to any later rules made by virtue of sub-paragraph (4)(b).

3

In paragraph 9(1) of that Schedule to that Act (offence of failing to stop when required to do so) after “paragraph 4” insert “ or by virtue of paragraph 4A ”.

SCHEDULE 7

Restriction of scope of regulated activities: children

1

(1) Parts 1 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (regulated activity relating to children and the period condition) are amended as follows.

(2) In paragraph 1(1)(b) (frequency and period condition for regulated activity), at the beginning, insert “ except in the case of activities falling within sub-paragraph (1A), ”.

(3) After paragraph 1(1) insert—

(1A) The following activities fall within this sub-paragraph— (a) relevant personal care, and (b) health care provided by, or under the direction or supervision of, a health care professional. (1B) In this Part of this Schedule “relevant personal care” means— (a) physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition), (b) physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with— (i) toileting (including in relation to the process of menstruation), (ii) washing or bathing, or (iii) dressing, (c) the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision, (d) the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision, (e) any form of training, instruction, advice or guidance which— (i) relates to the performance of the activity of eating or drinking, (ii) is given to a child who is in need of it by reason of illness or disability, and (iii) does not fall within paragraph (c), or (f) any form of training, instruction, advice or guidance which— (i) relates to the performance of any of the activities listed in paragraph (b)(i) to (iii), (ii) is given to a child who is in need of it by reason of age, illness or disability, and (iii) does not fall within paragraph (d). (1C) In this Part of this Schedule — - “health care” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition, - “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002. (1D) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid.

(4) In paragraph 1(2)(c) (work activities at certain establishments to be regulated activity) for “any form of work (whether or not for gain)” substitute “ any work falling within sub-paragraph (2A) or (2B) ”.

(5) After paragraph 1(2) insert—

(2A) Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which— (a) is undertaken in pursuance of a contract for the provision of occasional or temporary services, and (b) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)). (2B) Work falls within this sub-paragraph if it is any form of work which is not for gain, other than— (a) any such work which— (i) is carried out on a temporary or occasional basis, and (ii) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or (b) any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. (2C) The reference in sub-paragraph (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.

(6) Also in paragraph 1—

(a) after sub-paragraph (6) insert—

(6A) The exercise of a function of a controller appointed in respect of a child under Article 101 of the Mental Health (Northern Ireland) Order 1986 (NI 4) is a regulated activity relating to children.

(b) omit sub-paragraph (7) (exercise of functions of persons mentioned in paragraph 4(1) to be regulated activity), and

(13) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.

(7) In paragraph 2 (activities referred to in paragraph 1(1))—

(a) in sub-paragraph (1) omit paragraph (d) (treatment and therapy provided for a child),

(b) in sub-paragraph (2)—

(i) for “, (c) and (d)” substitute “ and (c) ”, and

(ii) omit paragraph (d), and

(3A) Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. (3B) Sub-paragraph (1)(b)— (a) does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and (b) does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. (3C) The references in sub-paragraphs (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned. (3D) Sub-paragraph (1)(c) does not include any legal advice.

(8) Omit paragraph 4 (list of persons referred to in paragraph 1(7)).

(9) In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “ or (c) ”.

Restriction of definition of vulnerable adults

2

(1) In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (interpretation of Order), in the first paragraph (2)—

(a) after the definition of “the 2003 Order” insert—

“adult” means a person who has attained the age of 18;

, and

(b) in the definition of “vulnerable adult”, for the words “must be construed in accordance with Article 3” substitute “ means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is provided ”.

(2) Omit Article 3 of the Order of 2007 (definition of vulnerable adults).

Restriction of scope of regulated activities: vulnerable adults

3

(1) Parts 2 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity relating to vulnerable adults and the period condition) are amended as follows.

(2) For paragraph 7(1) to (3) (main activities which are regulated activity) substitute—

(1) Each of the following is a regulated activity relating to vulnerable adults— (a) the provision to an adult of health care by, or under the direction or supervision of, a health care professional, (b) the provision to an adult of relevant personal care, (c) the provision by a social care worker of relevant social work to an adult who is a client or potential client, (d) the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability, (e) any relevant assistance in the conduct of an adult's own affairs, (f) the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability, (g) such activities— (i) involving, or connected with, the provision of health care or relevant personal care to adults, and (ii) not falling within any of the above paragraphs, as are of a prescribed description. (2) Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. (3) A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002. (3A) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid. (3B) Relevant personal care means— (a) physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with— (i) eating or drinking (including the administration of parenteral nutrition), (ii) toileting (including in relation to the process of menstruation), (iii) washing or bathing, (iv) dressing, (v) oral care, or (vi) the care of skin, hair or nails, (b) the prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the activities listed in paragraph (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or (c) any form of training, instruction, advice or guidance which— (i) relates to the performance of any of the activities listed in paragraph (a), (ii) is given to a person who is in need of it by reason of age, illness or disability, and (iii) does not fall within paragraph (b). (3C) Relevant social work has the meaning given by section 2(4) of the Health and Personal Social Services Act (Northern Ireland) 2001 and social care worker means a person who is a social care worker by virtue of section 2(2)(a) of that Act. (3D) Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person— (a) managing the person's cash, (b) paying the person's bills, (c) shopping. (3E) Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of— (a) an enduring power of attorney (within the meaning of the Enduring Powers of Attorney (Northern Ireland) Order 1987 (NI 16)) in respect of the person which is— (i) registered in accordance with that Order, or (ii) the subject of an application to be so registered, (b) an order made under Article 99 or 101 of the Mental Health (Northern Ireland) Order 1986 (NI 4) by the High Court in relation to the person or the person's property or affairs, or (c) the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration (Northern Ireland) Act 1992.

(3) Omit paragraph 7(4) (certain activities in residential care or nursing homes to be regulated activity).

(4) In paragraph 7(5) (day to day management or supervision of certain activities to be regulated activity) omit “, (4)”.

(5) Omit paragraph 7(9) (functions of certain persons to be regulated activity).

(6) Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions are to be regulated activity).

(7) In paragraph 10(2) (the period condition)—

(a) omit “or 7(1)(a), (b), (c), (d) or (g)”, and

(b) in paragraph (b), omit “or vulnerable adults (as the case may be)”.

Alteration of test for barring decisions

4

(1) For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (automatic inclusion of person to whom paragraph applies in children's barred list) substitute—

(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. (3) If (whether or not on a reference under sub-paragraph (2)) ISA is satisfied that this paragraph applies to a person, it must include the person in the children's barred list.

(2) For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Order (inclusion of person to whom paragraph applies in children's barred list with right to make representation afterwards) substitute—

(2) If the Secretary of State has reason to believe that— (a) this paragraph might apply to a person, and (b) the person is or has been, or might in future be, engaged in regulated activity relating to children, the Secretary of State must refer the matter to ISA. (3) Sub-paragraph (4) applies if (whether or not on a reference under sub-paragraph (2)) it appears to ISA that— (a) this paragraph applies to a person, and (b) the person is or has been, or might in future be, engaged in regulated activity relating to children. (4) ISA must give the person the opportunity to make representations as to why the person should not be included in the children's barred list. (5) Sub-paragraph (6) applies if— (a) the person does not make representations before the end of any time prescribed for the purpose, or (b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2). (6) If ISA— (a) is satisfied that this paragraph applies to the person, and (b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, it must include the person in the list. (7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose. (8) If ISA— (a) is satisfied that this paragraph applies to the person, (b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and (c) is satisfied that it is appropriate to include the person in the children's barred list, it must include the person in the list.

(3) In paragraph 3 of that Schedule to that Order (inclusion in children's barred list on behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute

— (i) has (at any time) engaged in relevant conduct, and (ii) is or has been, or might in future be, engaged in regulated activity relating to children,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,

, and

(4) In paragraph 5 of that Schedule to that Order (inclusion in children's barred list because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

— (i) falls within sub-paragraph (4), and (ii) is or has been, or might in future be, engaged in regulated activity relating to children,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,

, and

(5) For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Order (automatic inclusion of person to whom paragraph applies in adults' barred list) substitute—

(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. (3) If (whether or not on a reference under sub-paragraph (2)) ISA is satisfied that this paragraph applies to a person, it must include the person in the adults' barred list.

(6) For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Order (inclusion of person to whom paragraph applies in adults' barred list with right to make representation afterwards) substitute—

(2) If the Secretary of State has reason to believe that— (a) this paragraph might apply to a person, and (b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, the Secretary of State must refer the matter to ISA. (3) Sub-paragraph (4) applies if (whether or not on a reference under sub-paragraph (2)) it appears to ISA that— (a) this paragraph applies to a person, and (b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults. (4) ISA must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list. (5) Sub-paragraph (6) applies if— (a) the person does not make representations before the end of any time prescribed for the purpose, or (b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2). (6) If ISA— (a) is satisfied that this paragraph applies to the person, and (b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, it must include the person in the list. (7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose. (8) If ISA— (a) is satisfied that this paragraph applies to the person, (b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and (c) is satisfied that it is appropriate to include the person in the adults' barred list, it must include the person in the list.

(7) In paragraph 9 of that Schedule to that Order (inclusion in adults' barred list on behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute

— (i) has (at any time) engaged in relevant conduct, and (ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

, and

(8) In paragraph 11 of that Schedule to that Order (inclusion in adults' barred list because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

— (i) falls within sub-paragraph (4), and (ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

, and

Abolition of controlled activity

5

Omit Articles 25 to 27 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (controlled activity).

Abolition of monitoring

6

Omit Articles 28 to 31 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (monitoring).

Information for purposes of making barring decisions

7

(1) In paragraph 19 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (information required by ISA about persons to whom grounds for barring apply)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) after “applies” insert “ or appears to apply ”,

(ii) in paragraph (b) for “apply” substitute “ applies or appears to apply ”, and

(iii) omit paragraph (d),

(b) in sub-paragraphs (2) and (3) for “thinks might” substitute “ reasonably believes to ”, and

(i) omit the words from “which” to “it is”, and

(ii) omit “or paragraph 20(2)”.

(2) In paragraph 20 of that Schedule to that Order (provision of information by Secretary of State to ISA) for sub-paragraph (3) substitute—

(3) Where the Secretary of State is under a duty under paragraph 1, 2, 7 or 8 to refer a matter to ISA, the Secretary of State must provide to ISA any prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997) of a prescribed description which has been made available to the Secretary of State for the purposes of Part 5 of that Act.

Review of barring decisions

8

After paragraph 18 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (power to apply for review of a person's inclusion in a barred list) insert—

(18A) (1) Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to— (a) a review under paragraph 18, or (b) an application under that paragraph, which has not yet been determined. (2) ISA may, at any time, review the person's inclusion in the list. (3) On any such review, ISA may remove the person from the list if, and only if, it is satisfied that, in the light of— (a) information which it did not have at the time of the person's inclusion in the list, (b) any change of circumstances relating to the person concerned, or (c) any error by ISA, it is not appropriate for the person to be included in the list.

Information about barring decisions

9

(1) For Articles 32 to 34 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (provision of vetting information and information about cessation of monitoring) substitute—

(32A) (1) The Secretary of State must provide a person (A) with the information mentioned in paragraph (3) in relation to another (B) if— (a) A makes an application for the information and pays any fee payable in respect of the application, (b) the application contains the appropriate declaration, and (c) the Secretary of State has no reason to believe that the declaration is false. (2) The appropriate declaration is a declaration by A— (a) that A falls within column 1 of the table in Schedule 5 in relation to B, (b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and (c) that B has consented to the provision of the information to A. (3) The information is— (a) if A's declaration states that column 2 of the relevant entry refers to children, whether B is barred from regulated activity relating to children, and (b) if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, whether B is barred from regulated activity relating to vulnerable adults. (4) If B consents to the provision of information to A in relation to an application under this Article, the consent also has effect in relation to any subsequent such application by A. (5) The Secretary of State may prescribe any fee payable in respect of an application under this Article. (6) Fees received by the Secretary of State by virtue of this Article must be paid into the Consolidated Fund of the United Kingdom. (7) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application). (32B) (1) The Secretary of State must establish and maintain a register for the purposes of this Article. (2) The Secretary of State must register a person (A) in relation to another (B) if— (a) A makes an application to be registered in relation to B and pays any fee payable in respect of the application, (b) the application contains the appropriate declaration, and (c) the Secretary of State has no reason to believe that the declaration is false. (3) The appropriate declaration is a declaration by A— (a) that A falls within column 1 of the table in Schedule 5 in relation to B, (b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and (c) that B has consented to the application. (4) A's application and registration relate— (a) if A's declaration states that column 2 of the relevant entry refers to children, to regulated activity relating to children; (b) if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, to regulated activity relating to vulnerable adults. (5) The Secretary of State must notify A if B is barred from regulated activity to which A's registration relates. (6) The requirement under paragraph (5) is satisfied if notification is sent to any address recorded against A's name in the register. (7) If B consents to the provision of information to A under Article 32A, the consent also has effect as consent to any application by A to be registered in relation to B under this Article. (8) The Secretary of State may prescribe any fee payable in respect of an application under this Article. (9) Fees received by the Secretary of State by virtue of this Article must be paid into the Consolidated Fund of the United Kingdom. (10) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).

(2) In Article 35 of that Order (cessation of registration)—

(a) in paragraph (1) for “34” substitute “ 32B ”,

(b) in paragraph (2) for “(6)” substitute “ (5) ”, and

(3A) Circumstances prescribed by virtue of paragraph (3) may, in particular, include that— (a) the Secretary of State has asked the registered person (A) to make a renewed declaration within the prescribed period in relation to the person (B) in relation to whom A is registered, and (b) either— (i) A has failed to make the declaration within that period, or (ii) A has made the declaration within that period but the Secretary of State has reason to believe that it is false. (3B) A renewed declaration is a declaration by A— (a) that A falls within column 1 of the table in Schedule 5 in relation to B, (b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and (c) that B consents to the registration of A in relation to B. (3C) If B consents to the provision of information to A under Article 32A, the consent also has effect as consent to the registration of A in relation to B. (3D) Article 36 applies in relation to the making of a declaration in response to a request from the Secretary of State of the kind mentioned in paragraph (3A)(a) as it applies in relation to the making of a declaration in an application made for the purposes of Article 32B.

(3) In Article 36 of that Order (declarations under Articles 32 and 34)—

(a) in the heading for “32 and 34” substitute “ 32A and 32B ”, and

(b) in paragraph (1) for “32 or 34” substitute “ 32A or 32B ”.

(4) Omit entry 19 in the table in paragraph 1 of Schedule 5 to that Order (power to add entries to the table).

(5) In paragraph 2 of Schedule 5 to that Order (power to amend entries in the table) for the words from “any” to the end substitute “ this Schedule ”.

(6) Omit paragraph 3(1)(b) of Schedule 5 to that Order (barring information where certain activities carried on for the purposes of the armed forces of the Crown) and the word “or” before it.

Duty to check whether person barred

10

After Article 36 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (declarations relating to the provision of barring information) insert—

(36ZA) (1) A regulated activity provider who is considering whether to permit an individual (B) to engage in regulated activity relating to children or vulnerable adults must ascertain that B is not barred from the activity concerned before permitting B to engage in it. (2) A personnel supplier who— (a) is considering whether to supply an individual (B) to another (P), and (b) knows, or has reason to believe, that P will make arrangements for B (if supplied) to engage in regulated activity relating to children or vulnerable adults, must ascertain that B is not barred from the activity concerned before supplying B to P. (3) A person is, in particular, to be treated as having met the duty in paragraph (1) or (2) if condition 1, 2 or 3 is met. (4) Condition 1 is that the person has, within the prescribed period, been informed under Article 32A that B is not barred from the activity concerned. (5) Condition 2 is that— (a) the person has, within the prescribed period, checked a relevant enhanced criminal record certificate of B which has been obtained within that period, and (b) the certificate does not show that B is barred from the activity concerned. (6) Condition 3 is that— (a) the person has, within the prescribed period, checked— (i) a relevant enhanced criminal record certificate of B, and (ii) up-date information given, within that period, under section 116A of the Police Act 1997 in relation to the certificate, (b) the certificate does not show that B is barred from the activity concerned, and (c) the up-date information is not advice to request B to apply for a new enhanced criminal record certificate. (7) The Secretary of State may by regulations provide for— (a) the duty under paragraph (1) not to apply in relation to persons of a prescribed description, (b) the duty under paragraph (2) not to apply in relation to persons of a prescribed description. (8) In this Article— - “enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997, - “relevant enhanced criminal record certificate” means— 1. in the case of regulated activity relating to children, an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children, and 2. in the case of regulated activity relating to vulnerable adults, an enhanced criminal record certificate which includes, by virtue of section 113BB of that Act, suitability information relating to vulnerable adults.

Restrictions on duplication with barred lists in England and Wales and Scotland

11

(1) Before paragraph 6 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (restriction on inclusion in children's barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—

(5A) (1) ISA must not include a person in the children's barred list if ISA knows that the person is included in a corresponding list. (2) ISA must remove a person from the children's barred list if ISA knows that the person is included in a corresponding list. (3) A corresponding list is a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.

(2) In paragraph 6(1)(a) of that Schedule to that Order—

(a) after “if” insert “ ISA knows that ”,

(b) after “authority” insert

— (i)

, and

, and (ii) has decided not to include the person in the list

(3) Before paragraph 12 of that Schedule to that Order (restriction on inclusion in adults' barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—

(11A) (1) ISA must not include a person in the adults' barred list if ISA knows that the person is included in a corresponding list. (2) ISA must remove a person from the adults' barred list if ISA knows that the person is included in a corresponding list. (3) A corresponding list is a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

(4) In paragraph 12(1)(a) of that Schedule to that Order—

(a) after “if” insert “ ISA knows that ”,

(b) after “authority” insert

— (i)

, and

, and (ii) has decided not to include the person in the list

Professional bodies

12

(1) In Article 43 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (registers: duty to refer)—

(a) in paragraph (1)—

(i) for “must” substitute “ may ”, and

(ii) omit “prescribed”,

(b) in paragraph (4)—

(i) in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,

(ii) also in sub-paragraph (a), omit “or controlled activity”, and

(iii) in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,

(d) in paragraph (5) omit “prescribed”, and

(e) in the heading for “duty” substitute “ power ”.

(2) In Article 45 of that Order (registers: notice of barring etc.) for paragraphs (1) to (5) substitute—

(1) Paragraph (2) applies if— (a) ISA knows or thinks that a person (A) appears on a relevant register, and (b) either— (i) A is included in a barred list, or (ii) ISA is aware that A is subject to a relevant disqualification. (2) ISA must— (a) notify the keeper of the register of the circumstances mentioned in paragraph (1)(b)(i) or (as the case may be) (ii), and (b) in the case where A is included in a barred list, provide the keeper of the register with such of the information on which ISA relied in including A in the list as ISA considers— (i) to be relevant to the exercise of any function of the keeper, and (ii) otherwise appropriate to provide. (3) Paragraph (4) applies if the keeper of a relevant register applies to ISA to ascertain in relation to a person (A) whether— (a) A is included in a barred list, or (b) ISA is aware that A is subject to a relevant disqualification. (4) ISA must notify the keeper of the register as to whether the circumstances are as mentioned in paragraph (3)(a) or (as the case may be) (b). (5) ISA may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as ISA considers appropriate. (5A) Paragraph (5B) applies if— (a) a keeper of a register has applied to the Secretary of State to be notified in relation to a person (A) if— (i) A is included in a barred list, or (ii) the Secretary of State is aware that A is subject to a relevant disqualification, and (b) the application has not been withdrawn. (5B) The Secretary of State must notify the keeper of the register if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii). (5C) For the purposes of paragraph (5A)(b) an application is withdrawn if— (a) the keeper of the register notifies the Secretary of State that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii) in relation to A, or (b) the Secretary of State cancels the application on either of the following grounds— (i) that the keeper has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii), or (ii) that A neither appears in the register nor is being considered for inclusion in the register. (5D) A keeper of a relevant register may apply for information under this Article, or to be notified under this Article, in relation to a person (A) only if— (a) A appears in the register, or (b) A is being considered for inclusion in the register. (5E) The duties in paragraphs (2), (4) and (5B) do not apply if ISA or (as the case may be) the Secretary of State is satisfied that the keeper of the register already has the information concerned. (5F) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article. (5G) In this Article relevant information is information— (a) which— (i) relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and (ii) is relevant to the exercise of any function of the keeper of the register, but (b) which is not— (i) information that the circumstances are as mentioned in paragraph (1)(b)(i) or (ii) in relation to a person, (ii) any information provided under paragraph (2)(b), or (iii) information falling within paragraph 19(5) of Schedule 1. (5H) The Secretary of State may by order amend paragraph (5G).

(3) In the heading of Article 45 of that Order for “notice of barring and cessation of monitoring” substitute “ provision of barring information to keepers of registers ”.

(4) Omit Article 46 of that Order (registers: power to apply for vetting information).

Supervisory authorities

13

(1) In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (duty of supervisory authorities to refer)—

(a) in paragraph (1)—

(i) for “must” substitute “ may ”, and

(ii) omit “prescribed”,

(b) in paragraph (4)—

(i) in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,

(ii) also in sub-paragraph (a), omit “or controlled activity”, and

(iii) in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,

(d) omit paragraph (6), and

(e) in the heading for “duty” substitute “ power ”.

(2) In Article 49 of that Order (supervisory authorities: power to apply for vetting information)—

(a) in the heading for “vetting” substitute “ certain barring ”,

(b) in paragraph (1) for “the Secretary of State”, in both places where it occurs, substitute “ ISA ”,

(d) in paragraph (3) omit sub-paragraphs (b) to (e),

(e) omit paragraph (5), and

(f) in paragraph (7) for “prescribe” substitute “ determine ”.

(3) In Article 50 of that Order (supervisory authorities: notification of barring etc. in respect of children)—

(a) in paragraph (1)—

(i) for “This Article” substitute “ Paragraph (2) ”,

(ii) in sub-paragraph (a) omit “newly”,

(iii) at the end of sub-paragraph (a) insert “ or ”,

(iv) in sub-paragraph (b) for “becomes” substitute “ is ”, and

(v) omit sub-paragraph (c) and the word “or” before it,

(b) in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,

(2A) The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.

(d) in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

(e) in paragraph (5)—

(i) after “withdrawn if” insert

— (a)

, and

(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

(f) also in paragraph (5), at the end, insert

, or (b) the Secretary of State cancels the application on either of the following grounds— (i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or (ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

, and

(g) in paragraph (8) for “prescribe” substitute “ determine ”.

(4) In Article 51 of that Order (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—

(a) in paragraph (1)—

(i) for “This Article” substitute “ Paragraph (2) ”,

(ii) in sub-paragraph (a) omit “newly”,

(iii) at the end of sub-paragraph (a) insert “ or ”,

(iv) in sub-paragraph (b) for “becomes” substitute “ is ”, and

(v) omit sub-paragraph (c) and the word “or” before it,

(b) in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,

(2A) The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.

(d) in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

(e) in paragraph (5)—

(i) after “withdrawn if” insert

— (a)

, and

(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,

(f) also in paragraph (5), at the end, insert

, or (b) the Secretary of State cancels the application on either of the following grounds— (i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or (ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

, and

(g) in paragraph (8) for “prescribe” substitute “ determine ”.

(5) In Article 52 of that Order (provision of information to supervisory authorities)—

(a) in paragraph (2) for “must” substitute “ may (whether on an application by the authority or otherwise) ”,

(b) in paragraph (3)—

(i) in sub-paragraph (b), after “the authority” insert “ which is mentioned in Article 47(7) ”, and

(ii) for the words from “or information” to “occurred” substitute “ or of any circumstance mentioned in Article 50(1) or 51(1) ”, and

(4) A supervisory authority may apply to ISA under this Article only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in Article 47(7). (5) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article.

Minor amendments

14

(1) Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced, would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 in connection with the notification of proposals to include persons in barred lists).

(2) After Article 10(8) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity providers) insert—

(8A) An authority that is an authority for the purposes of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or Article 18C of the Children Order (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under that section or Article.

(3) In Article 41 of the Order of 2007 (education and library boards and HSC bodies: duty to refer)—

(a) in paragraph (1)—

(i) for “must” substitute “ may ”, and

(ii) omit “prescribed”,

(b) in paragraph (4)—

(i) in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,

(ii) also in sub-paragraph (a), omit “or controlled activity”, and

(iii) in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,

(d) in the heading for “duty” substitute “ power ”.

(4) In Article 52A(1) of that Order (power for ISA to provide information to the police for use for certain purposes)—

(a) for the words “or the chief constable of a police force in England, Wales or Scotland” substitute “ , a chief officer of police or the chief constable of a police force in Scotland ”, and

(b) after sub-paragraph (b), insert—

(c) the appointment of persons who are under the direction and control of the chief constable or (as the case may be) chief officer; (d) any prescribed purpose

(5) After Article 52A(1) of that Order insert—

(1A) ISA must, for use for any of the purposes mentioned in paragraph (1), provide to any chief constable or chief officer mentioned in that paragraph who has requested it a barred list or information as to whether a particular person is barred. (1B) ISA may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which ISA reasonably believes to be relevant to that authority. (1C) ISA must, for use for the purposes of the protection of children or vulnerable adults, provide to any relevant authority who has requested it information as to whether a particular person is barred. (1D) In this Article “relevant authority” means— (a) the Department of Justice, exercising functions in relation to prisons and youth justice, (b) the Probation Board for Northern Ireland, or (c) an HSC body.

(6) After paragraph 5 of Schedule 2 to that Order (regulated activity relating to children) insert—

(5A) (1) The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children. (2) The Secretary of State must publish guidance given under this paragraph. (3) A regulated activity provider or a personnel supplier must, in exercising any functions under this Order, have regard to guidance for the time being given under this paragraph.

SCHEDULE 8

Membership

1

(1) DBS is to consist of—

(a) a person who has the function of chairing DBS, and

(b) such number of other members as the Secretary of State decides.

(2) A person falling within sub-paragraph (1)(a) or (b) (in this Schedule “an appointed member”) is be appointed by the Secretary of State.

(3) In appointing any such person, the Secretary of State must have regard to the desirability of ensuring that at least some of the appointed members of DBS are persons who appear to the Secretary of State to have knowledge or experience of an aspect of child protection or the protection of vulnerable adults.

(4) The Secretary of State must consult the Welsh Ministers and a Northern Ireland Minister before making any appointment under this paragraph.

(5) In sub-paragraph (4) “Northern Ireland Minister” includes the First Minister and deputy First Minister in Northern Ireland.

Terms of appointment of members

2

(1) Subject as follows, an appointed member holds and vacates office in accordance with the terms of appointment.

(2) A period of appointment may not exceed 5 years.

(3) An appointed member may resign by giving notice in writing to the Secretary of State.

(4) The Secretary of State may by notice in writing remove an appointed member who—

(a) has, without reasonable excuse, failed, for a continuous period of three months, to carry out the person's functions,

(b) has been convicted (whether before or after the person's appointment) of a criminal offence,

(d) is a person in relation to whom a moratorium period, under a debt relief order made under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), applies,

(e) is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 or an order to similar effect made under any corresponding enactment in force in Scotland or Northern Ireland,

(f) is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989,

(g) has made a composition or arrangement with, or granted a trust deed for, the person's creditors,

(h) has failed to comply with the terms of the person's appointment, or

(i) is otherwise unable or unfit to carry out the person's functions.

(5) A person who ceases to be an appointed member is eligible for re-appointment unless the cessation is by virtue of sub-paragraph (4).

Remuneration etc: members

3

(1) DBS may pay to the person who has the function of chairing it and each of the other appointed members such remuneration and such allowances as the Secretary of State may decide.

(2) Sub-paragraph (3) applies if—

(a) a person ceases to be an appointed member of DBS, and

(b) the Secretary of State considers that there are special circumstances which make it right for the person to receive compensation.

(3) The Secretary of State may require DBS to pay the person such amount as the Secretary of State may decide.

Staff

4

(1) DBS must appoint a person to be chief executive.

(2) The period of appointment must not exceed 5 years (but a person may be re-appointed).

(3) DBS must consult the Secretary of State before appointing a chief executive.

(4) The person who has the function of chairing DBS may, with the approval of the Secretary of State, be appointed as chief executive.

(5) The chief executive is an employee of DBS.

(6) DBS may appoint such number of other staff as it considers appropriate.

(7) DBS may make arrangements for persons to be seconded to DBS to serve as members of its staff.

(8) A member of a police force on temporary service with DBS is to be under the direction and control of DBS.

Remuneration, pensions etc of staff

5

(1) DBS may pay to its staff such remuneration and such allowances as it may, with the approval of the Secretary of State, decide.

(2) DBS may—

(a) pay such pensions, allowances or gratuities to or in respect of any member of staff or former member of staff, or

(b) pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any member of staff or former member of staff,

as it may, with the approval of the Secretary of State, decide.

(3) Employment with DBS is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) insert at the appropriate place— “ Employment by the Disclosure and Barring Service. ”

(4) DBS must pay to the Minister for the Civil Service, at such times as the Minister may direct in writing, such sums as the Minister may decide in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Act of 1972.

Delegation of functions

6

DBS may, to such extent as it may decide, delegate any of its functions to—

(a) any of its appointed members,

(b) a member of its staff,

(c) a committee consisting of any of its appointed members, members of its staff or both appointed members and members of staff.

7

DBS may, to such extent as it may decide, delegate any of its functions, other than a core function, to—

(a) a person who is neither an appointed member nor a member of staff,

(b) a committee (including a committee which comprises or includes persons who are neither appointed members nor members of staff).

8

(1) In this Schedule a core function is—

(a) deciding whether it is appropriate for a person to be included in a barred list under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)),

(b) deciding whether to remove a person from such a list,

(c) considering representations made for the purposes of Schedule 3 to that Act or (as the case may be) Schedule 1 to that Order, or

(d) any function under, or in connection with, Part 5 of the Police Act 1997 which is specified for this purpose in an order made by the Secretary of State.

(2) An order under sub-paragraph (1)(d) is to be made by statutory instrument which is to be subject to annulment in pursuance of a resolution of either House of Parliament.

Business plans

9

(1) As soon as possible after the beginning of each financial year, DBS must issue a business plan in relation to the proposed exercise of its functions during that year.

(2) DBS must consult the Secretary of State before issuing the plan.

(3) DBS must arrange for the plan to be published in such manner as it considers appropriate.

(4) In this Schedule “financial year” is—

(a) the period—

(i) starting with the day on which DBS is established, and

(ii) ending with the next 31st March or, if the period ending with that date is 3 months or less, ending with the next 31st March after that date, and

(b) each succeeding period of 12 months.

Reports

10

(1) As soon as possible after the end of each financial year, DBS must issue a report on the exercise of its functions during that year.

(2) DBS must arrange for the report to be published in such manner as it considers appropriate.

Funding

11

The Secretary of State may make payments to DBS of such amounts, at such times and on such conditions (if any), as the Secretary of State considers appropriate.

Accounts

12

(1) DBS must keep its accounts in such form as the Secretary of State decides.

(2) DBS must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides.

(3) Before the end of the specified period following the end of each financial year to which the annual accounts relate DBS must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) send a copy of the certified accounts and of the report to the Secretary of State.

(5) The Secretary of State must lay before Parliament each document received under sub-paragraph (4)(b).

(6) The specified period is such period as the Secretary of State directs in writing.

Guidance

13

(1) The Secretary of State may, from time to time, issue guidance in writing to DBS in relation to the exercise of any of its functions.

(2) DBS must have regard to any such guidance before exercising any function to which it relates.

Directions

14

(1) The Secretary of State may give directions in writing to DBS in relation to the exercise of any of its functions other than a core function mentioned in paragraph 8(1)(a), (b) or (c).

(2) The Secretary of State may vary or revoke any such directions.

(3) DBS must comply with any directions given under this paragraph.

Status

15

(1) DBS is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) DBS's property is not to be regarded as property of, or property held on behalf of, the Crown.

Use of information

16

Information obtained by DBS in connection with the exercise of any of its functions may be used by DBS in connection with the exercise of any of its other functions.

Payments in connection with maladministration

17

(1) Sub-paragraph (2) applies if DBS considers—

(a) that action taken by or on behalf of DBS amounts to maladministration, and

(b) that a person has been adversely affected by the action.

(2) DBS may, with the approval of the Secretary of State, make such payment (if any) to the person as it considers appropriate.

(3) In sub-paragraph (1) “action” includes failure to act.

Incidental powers

18

(1) In connection with the exercise of any of its functions DBS may—

(a) enter into contracts and other agreements (whether legally binding or not),

(b) acquire and dispose of property (including land),

(d) do such other things as DBS considers necessary or expedient.

(2) The power conferred by sub-paragraph (1)(b) includes accepting—

(a) gifts of money, and

(b) gifts or loans of other property,

on such terms as DBS considers appropriate.

(3) But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the approval of the Secretary of State.

(4) Such approval may be given—

(a) with respect to a particular case or with respect to a class of cases,

(b) subject to such conditions as the Secretary of State considers appropriate.

Documents

19

A document purporting to be signed on behalf of DBS is to be received in evidence and, unless the contrary is proved, is to be taken to be so signed.

Transitional

20

(1) The Secretary of State (instead of DBS) may—

(a) appoint the first chief executive, and

(b) decide the terms and conditions of service as an employee of DBS which are applicable to the first chief executive on appointment.

(2) The period of any such appointment must not exceed 5 years (but the person may be re-appointed under paragraph 4).

(3) The person who has the function of chairing DBS may be appointed as chief executive by the Secretary of State under this paragraph.

SCHEDULE 9

Part 1 — Destruction, retention and use of fingerprints etc.

House of Commons Disqualification Act 1975

1

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Commissioner for the Retention and Use of Biometric Material ”.

Northern Ireland Assembly Disqualification Act 1975

2

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Commissioner for the Retention and Use of Biometric Material ”.

Police and Criminal Evidence Act 1984

3

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 63 (non-intimate samples), in subsection (3A)(c)(i) (as amended by section 2 of the Crime and Security Act 2010), for “64ZA” substitute “ 63R ”.

(3) Omit section 64 (as not substituted by section 14(1) of the Crime and Security Act 2010) (destruction of fingerprints and samples).

Crime and Security Act 2010

4

(1) The Crime and Security Act 2010 is amended as follows.

(2) Omit sections 14, 16 to 19 and 21 to 23 (retention, destruction and use of fingerprints and samples etc.).

(3) In section 58 (extent) omit subsections (4) and (6) to (8).

Part 2 — The Surveillance Camera Commissioner

House of Commons Disqualification Act 1975

5

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert at the appropriate place— “ Surveillance Camera Commissioner ”.

Part 3 — Safeguards for certain surveillance under RIPA

Regulation of Investigatory Powers Act 2000

6

The Regulation of Investigatory Powers Act 2000 is amended as follows.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

(1) Section 43 (general rules about grant, renewal and duration of authorisations relating to surveillance and human intelligence sources) is amended as follows.

(2) After subsection (1) insert—

(1A) Subsection (1)(a) does not apply in relation to an authorisation under section 28 or 29 to which section 32A applies.

(3) In subsection (9)(c) after “section” insert “ 32A or ”.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

(1) Section 65 (the Tribunal) is amended as follows.

(2) In subsection (7) after “but” insert “ , subject to subsection (7ZA), ”.

(3) After subsection (7) insert—

(7ZA) The exception in subsection (7) so far as conduct is authorised by, or takes place with the permission of, a judicial authority does not include conduct authorised by an approval given under section 23A or 32A.

13

In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and before “and”), insert—

(aa) an order quashing an order under section 23A or 32A by the relevant judicial authority (within the meaning of that section);

14

In section 71(2) (issue and revision of codes of practice) after “Commissioners” insert “ or the relevant judicial authority (within the meaning of section 23A or 32A) ”.

15

After section 77 (Ministerial expenditure etc.) insert—

(77A) (1) This section applies to an application to the sheriff for an order under section 23A or 32A. (2) Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular— (a) require the sheriff to determine an application in private, (b) secure that any hearing is to be held in private, and (c) ensure that notice of an application (or of any order being made) is not given to— (i) the person to whom the authorisation or notice which is the subject of the application or order relates, or (ii) such a person's representatives. (3) The Court of Session's power under section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate and prescribe the procedure and practice to be followed in relation to an application to which this section applies is subject to, but is not otherwise constrained by, sections 23B and 32B and this section. (77B) (1) The Lord Chancellor may by order make further provision about the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section 23A or 32A. (2) Such an order may, in particular, provide— (a) for the manner in which, and time within which, an application may be made, (b) that the district judge (magistrates' courts) is to determine an application— (i) in chambers, (ii) in the absence of the person to whom the authorisation or notice which is the subject of the application relates, (c) that any hearing is to be held in private, (d) that notice of an order given is not to be given to— (i) the person to whom the authorisation or notice which is the subject of the order relates, or (ii) such a person's legal representatives. (3) An order of the Lord Chancellor under this section may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998). (4) The power of the Magistrates' Courts Rules Committee under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to regulate and prescribe the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section 23A or 32A is subject to, but is not otherwise constrained by, sections 23B and 32B and any order made under this section.

16

In section 78 (orders, regulations and rules)—

(a) in subsection (1) after “the Secretary of State” insert “ or the Lord Chancellor ”,

(b) in subsection (3)(a)—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) after “30(7),” insert “ 32A(7), ”, and

17

After section 81(8) (general interpretation) insert—

(9) References in this Act to provision which, if it were contained in an Act of the Northern Ireland Assembly, would deal with a Northern Ireland transferred matter or (as the case may be) a transferred matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3)) do not include references to any such provision which would be ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).

Part 4 — Vehicles left on land

Road Traffic Regulation Act 1984

18

(1) Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles) is amended as follows.

(2) In subsection (1)(b) for “, or from land in the open air,” substitute “ or other land ”.

(3) In subsection (8), in the definition of “appropriate authority”, in paragraph (b), for “land in the open air” substitute “ other land ”.

Airports Act 1986

19

(1) Section 66 of the Airports Act 1986 (functions of operators of designated airports as respects abandoned vehicles) is amended as follows.

(2) In subsection (2)(a) for the words from “from roads if” to “abandoned” substitute “ illegally, obstructively or dangerously parked, or abandoned or broken down ”.

(3) In subsection (3)—

(a) omit paragraph (b) (but not the word “or” at the end of the paragraph), and

(b) in paragraph (c), for “any of those sections” substitute “ that section ”.

(4) In the heading, after “abandoned vehicles” insert “ etc. ”.

Private Security Industry Act 2001

20

(1) The Private Security Industry Act 2001 is amended as follows.

(2) In section 3(2) (conduct subject to a licence)—

(a) after paragraph (h) insert “ or ”, and

(b) omit paragraph (j) and the word “or” before it.

(3) In section 4A(2) (licensable conduct)—

(a) omit paragraph (a),

(b) omit paragraph (b) and the word “or” at the end of the paragraph, and

(4) Omit section 6 (offence of using unlicensed wheel-clampers).

(5) Omit section 22A (charges for vehicle release: appeals).

(6) In section 24(4) (orders and regulations) omit the words from “(except” to “or 22A)”.

(7) In section 25(1) (interpretation) omit the definition of “motor vehicle”.

(8) In Schedule 2 (activities liable to control) omit the following—

(a) paragraph 3,

(b) paragraph 3A,

(d) paragraph 9A.

Part 5 — Counter-terrorism powers

Police and Criminal Evidence Act 1984

21

After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of practice in relation to statutory search powers etc.) insert—

(3) Nothing in this section requires the Secretary of State to issue a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

22

In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice in relation to statutory search powers etc.)—

(a) the existing provisions become paragraph (1), and

(b) after that paragraph insert—

(2) Nothing in this Article requires the issuing of a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).

Terrorism Act 2000

23

The Terrorism Act 2000 is amended as follows.

24

In the italic cross-heading before section 40, after “Suspected terrorists” insert “ etc. ”.

25

(1) Section 123 (orders and regulations) is amended as follows.

(2) In subsection (4), after paragraph (aa), insert—

(ab) section 47AB;

(3) In subsection (5), after “paragraph (aa)” insert “ , (ab) ”.

26

(1) Schedule 8 (detention) is amended as follows.

(2) In paragraph 36, in sub-paragraph (1A), for the words from “is” to the end of the sub-paragraph substitute “ is a judicial authority ”.

(3) In paragraph 36 omit—

(a) sub-paragraph (1B),

(b) in sub-paragraph (3AA), the words “or senior judge” in both places where they appear,

(d) in sub-paragraph (5), the words “or senior judge”, and

(e) sub-paragraph (7).

(4) In paragraph 37(2) omit “or senior judge”.

Regulation of Investigatory Powers Act 2000

27

In paragraph 6(3) of Schedule 2 to the Regulation of Investigatory Powers Act 2000 (general requirements relating to the appropriate permission)—

(a) in paragraph (a)—

(i) for “section 44” substitute “ section 47A ”, and

(ii) after “(power to stop and search)” insert “ (including that section as it had effect by virtue of the Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631) ”,

(b) in paragraph (b)—

(i) at the beginning insert “ section 44 of the Terrorism Act 2000 or ”, and

(ii) for the words from “had” to “section 44 of the Terrorism Act 2000” substitute “ previously had effect for similar purposes ”, and

(c) after “mentioned in” insert “ paragraph 14(1) and (2) of Schedule 6B to that Act of 2000 (see the definition of “senior police officer”), ”.

Criminal Justice and Police Act 2001

28

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), after paragraph 69 and the italic cross-heading relating to the Terrorism Act 2000, insert—

(69A) The power of seizure conferred by section 43(4B)(b) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle in relation to a person suspected of being a terrorist). (69B) The power of seizure conferred by section 43A(3) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle suspected of being used for the purposes of terrorism).

29

In Part 2 of that Schedule to that Act (powers of seizure to which section 51 of that Act applies) after paragraph 82 insert—

(82A) The power of seizure conferred by section 43A(3) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle suspected of being used for the purposes of terrorism).

Police Reform Act 2002

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police (Northern Ireland) Act 2003

31

In paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (powers of stop and search for community support officers)—

(a) in sub-paragraph (1)—

(i) for “sections 44(1)(a) and (d) and (2)(b) and 45(2)” substitute “ section 47A(2)(a) and (d), (3)(b) and (6) ”,

(ii) in paragraph (d) for “any article” substitute “ anything which is ”, and

(iii) also in paragraph (d), for “section 44(1) or (2) of that Act” substitute “ section 47A(2) or (3) of that Act and which he reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b) of that Act ”, and

(b) in sub-paragraph (2) for “subsections (1) and (4) of section 45 of” substitute “ subsections (4) and (5) of section 47A of, and paragraphs 1 and 2 of Schedule 6B to, ”.

Terrorism Act 2006

32

In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—

(a) in subsections (3) and (4) for “under this section” substitute “ under subsection (2) ”,

(b) in subsection (5) after “Parliament” insert “ as soon as the Secretary of State is satisfied that doing so will not prejudice any criminal proceedings ”,

(d) after subsection (6) insert—

(6A) The expenses mentioned in subsection (6) include, in particular, any expenses incurred by the person appointed under subsection (1) in ensuring that another person carries out a review of the kind mentioned in subsection (4A) and reports on it.

Counter-Terrorism Act 2008

33

In section 1(1) of the Counter-Terrorism Act 2008 (power to remove documents for examination), after paragraph (b), insert—

(ba) section 43(4B) of that Act (search of vehicle in relation to suspected terrorist); (bb) section 43A of that Act (search of vehicle suspected of being used for the purposes of terrorism);

Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)

34

The Terrorism Act 2000 (Remedial) Order 2011 is revoked.

Part 6 — Safeguarding of vulnerable groups

Police Act 1997

35

The Police Act 1997 is amended as follows.

36

In section 113A (criminal record certificates) omit subsection (10).

37

In section 113B (enhanced criminal record certificates) omit subsection (13).

38

In section 113BA(2) (suitability information relating to children) omit paragraphs (b) to (d).

39

In section 113BB(2) (suitability information relating to vulnerable adults) omit paragraphs (b) to (d).

40

(1) Section 119 (sources of information) is amended as follows.

(2) In subsection (2) omit “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”.

(3) In subsection (8)—

(a) omit paragraph (c), and

(b) in paragraph (d) for “that Act” substitute “ the Safeguarding Vulnerable Groups Act 2006 ”.

41

In section 119B(5) (independent monitor) omit paragraphs (d) and (e).

42

(1) Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.

(2) In subsection (3A) omit paragraphs (b) and (c).

(3) Omit subsections (3B) and (3C).

(4) In subsection (3D)—

(a) for “subsections (3A) to (3C)” substitute “ subsection (3A) ”,

(b) for “those subsections” substitute “ that subsection ”, and

Safeguarding Vulnerable Groups Act 2006

43

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

44

In section 4(1) (appeals)—

(a) omit paragraph (a),

(b) in paragraph (b)—

(i) after “paragraph” insert “ 2, ”,

(ii) after “5,” insert “ 8, ”, and

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