The Protection of Freedoms Act 2012 (Commencement No. 4) Order 2012

Made: 3rd October 2012

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

Citation and interpretation

1

• (1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 4) Order 2012.

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

Provisions coming into force on 15th October 2012

2

The day appointed for the coming into force of the following provisions of the Act is 15th October 2012—

• (a) section 87(1) and (2) (formation and constitution of Disclosure and Barring Service);

• (b) section 87(3) (formation and constitution of DBS) insofar as it relates to the paragraphs of Schedule 8 specified in paragraph (d) below;

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

• (d) paragraphs 1 to 11 and 13 to 20 of Schedule 8 (disclosure and barring service);

• (e) Part 8 of Schedule 9 (consequential amendments).

Provisions coming into force on 1st December 2012

3

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

• (a) section 87(3) (formation and constitution of DBS) insofar as it relates to the provisions of Schedule 8 specified in paragraph (b) below;

• (b) Schedule 8 (disclosure and barring service) insofar as it has not already been commenced.

Signed

Taylor of Holbeach — Parliamentary Under-Secretary of State — 3rd October 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order commences the provisions in the Protection of Freedoms Act 2012 (“the Act”) which establish the Disclosure and Barring Service (“DBS”). The Act enables all the functions of the Independent Safeguarding Authority (“ISA”) and the Criminal Records Bureau (“CRB”) to be transferred to the DBS by Order. With the exception of the obligation on the DBS to produce accounts, all the provisions concerned with the establishment of the DBS are commenced on 15th October 2012. The obligation to produce accounts is commenced on 1st December 2012, the date on which it is envisaged that the functions of the ISA and CRB will be transferred to the DBS.

Footnotes

[^f00001]: 2012 c. 9.