The Protection of Freedoms Act 2012 (Commencement No. 1) Order 2012

Made: 2nd May 2012

The Secretary of State, in exercise of the powers conferred by section 120(1) of the Protection of Freedoms Act 2012[^f00001], makes the following Order.

Citation and interpretation

1

• (1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 1) Order 2012.

• (2) In this Order “the Act” means the Protection of Freedoms Act 2012.

Provisions coming into force on 9th May 2012

2

The day appointed for the coming into force of section 62 (code of practice) of the Act is 9th May 2012.

Provisions coming into force on 1st July 2012

3

The day appointed for the coming into force of the following provisions of the Act is 1st July 2012—

• (a) section 29 (code of practice for surveillance camera systems);

• (b) section 30 (issuing of code);

• (c) section 31 (alteration or replacement of code);

• (d) section 32 (publication of code);

• (e) section 33 (effect of code);

• (f) section 34 (commissioner in relation to code);

• (g) section 35 (reports by commissioner);

• (h) section 36 (interpretation: chapter 1);

• (i) section 39(1) (repealing etc. unnecessary or inappropriate powers of entry);

• (j) section 40 (adding safeguards to powers of entry);

• (k) section 41 (rewriting powers of entry);

• (l) section 42 (duty to review certain existing powers of entry);

• (m) section 43 (consultation requirements before modifying powers of entry);

• (n) section 44 (procedural and supplementary provisions) insofar as it confers functions on a Minister of the Crown;

• (o) section 45 (devolution: Scotland and Northern Ireland);

• (p) section 46 (sections 39 to 46: interpretation) insofar as it confers functions on a Minister of the Crown;

• (q) section 47 (code of practice in relation to non-devolved powers of entry);

• (r) section 48 (issuing of the code);

• (s) section 49 (alteration or replacement of code);

• (t) section 50 (publication of code);

• (u) section 51 (effect of code);

• (v) section 52 (sections 47 to 51: interpretation);

• (w) section 85 (inclusion of cautions etc in national police records);

• (x) section 104 (extension of certain Freedom of Information Act 2000[^f00002] provisions to Northern Ireland bodies);

• (y) section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (aa) below;

• (z) section 115(2) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 10 specified in paragraphs (bb) and (cc) below;

• (aa) Part 2 of Schedule 9 (consequential amendments);

• (bb) Part 2 of Schedule 10 (repeals and revocations);

• (cc) Part 7 of Schedule 10 (repeals and revocations) insofar as it repeals section 80A of the Freedom of Information Act 2000 and paragraph 6 of Schedule 7 to the Constitutional Reform and Governance Act 2010[^f00003].

Provisions coming into force on 10th July 2012

4

The day appointed for the coming into force of the following provisions of the Act is 10th July 2012—

• (a) section 57 (maximum detention period of 14 days);

• (b) section 58 (emergency power for temporary extension and review of extensions);

• (c) section 59 (repeal of existing stop and search powers);

• (d) section 60 (replacement powers to stop and search persons and vehicles);

• (e) section 61 (replacement powers to stop and search in specified locations);

• (f) section 63 (stop and search powers in relation to Northern Ireland);

• (g) Schedule 5 (replacement powers to stop and search: supplementary provisions);

• (h) Schedule 6 (stop and search powers: Northern Ireland);

• (i) section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (k) below;

• (j) section 115(2) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 10 specified in paragraph (l) below;

• (k) Part 5 of Schedule 9 (consequential amendments);

• (l) Part 4 of Schedule 10 (repeals and revocations).

Signed

James Brokenshire — Parliamentary Under-Secretary of State — 2nd May 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order commences section 62 of the Protection of Freedoms Act [2012 (c. 9)](https://www.legislation.gov.uk/ukpga/2012/9) (“the 2012 Act”) on 9th May which enables the code of practice on counter-terrorism stop and search powers to be laid before Parliament.

Article 3 commences a number of provisions of the 2012 Act on 1st July 2012, 2 months after the 2012 Act received Royal Assent. These provisions include Chapter 1 of Part 2 which regulates CCTV and other surveillance camera systems, Chapter 1 of Part 3 which makes provision relating to powers of entry, including the power to repeal powers of entry and the issuing of a code of practice for non-police agencies to govern the exercise of powers of entry, section 85 of the 2012 Act which provides a statutory basis for the recording of cautions and section 104 of the 2012 Act which extends freedom of information provisions to Northern Ireland bodies.

Article 4 commences substantive counter-terrorism stop and search provisions and provisions relating to pre-charge detention of terrorist suspects on 10th July 2012.

Footnotes

[^f00001]: 2012 c. 9.

[^f00002]: 2000 c. 36.

[^f00003]: 2010 c. 25.