The Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012

• Citation: S.I. 2012/2234
• Sections: 16

Section 1 Citation and interpretation

(1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012.

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

Section 2 Provisions coming into force on 10th September 2012

The following provisions of the Act shall come into force on 10th September 2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 —

(a) section 64 (restriction of scope of regulated activities: children);

(b) section 65 (restriction of definition of vulnerable adults);

(c) section 66 (restriction of scope of regulated activities: vulnerable adults);

(d) section 67 (alteration of test for barring decisions);

(e) section 68 (abolition of controlled activity);

(f) section 69 (abolition of monitoring);

(g) section 70 (information for purposes of making barring decisions);

(h) section 71 (review of barring decisions);

(i) section 72(4) to (6) (information about barring decisions);

(j) section 75(1) and (2) (professional bodies);

(k) section 75(3) (professional bodies) insofar as it substitutes section 43(3), (4), (5), (5D), (5E), (5F), (5G) and (5H) into the Safeguarding Vulnerable Groups Act 2006 ;

(l) section 75(4) to (6) (professional bodies);

(m) section 76(1), (2), (3)(f), (4)(f) and (5) (supervisory authorities);

(n) section 77 (minor amendments);

(o) section 78 (corresponding amendments in relation to Northern Ireland) insofar as it relates to the paragraphs of Schedule 7 specified in paragraph (z) below;

(p) section 79(1) (restriction on information provided to certain persons);

(q) section 79(2)(b) (restriction on information provided to certain persons) insofar as it omits section 113B(5) and section 113B(6)(b) of the Police Act 1997 ;

(r) section 79(3) (restriction on information provided to certain persons) insofar as it inserts section 120AC into the Police Act 1997;

(s) section 80 (minimum age for applications for certificates or to be registered);

(t) section 81 (additional grounds for refusing an application to be registered);

(u) section 82 (enhanced criminal record certificates: additional safeguards);

(v) section 84 (criminal conviction certificates: conditional cautions);

(w) section 86 (out of date references to certificates of criminal records);

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

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

(z) the following paragraphs of Schedule 7—

(i) paragraphs 1 to 8;

(ii) paragraph 9(4) to (6);

(iii) paragraph 12(1);

(iv) paragraph 12 (2) insofar as it substitutes Article 45(3), (4), (5), (5D), (5E), (5F), (5G) and (5H) into the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ;

(v) paragraph 12(3) and (4);

(vi) paragraph 13(1), (2), (3)(g), (4)(g) and (5);

(vii) paragraph 14;

(aa) the following paragraphs of Schedule 9—

(i) paragraphs 35 to 42

(ii) paragraph 43 to 67;

(iii) paragraph 68(1), (2), (3), (4)(a) and (c) to (g);

(iv) paragraph 69 to 74;

(v) paragraph 75 to 103;

(vi) paragraph 104 to 107;

(vii) paragraph 109(1), (2)(b) and (4);

(viii) paragraph 110(1) and (3);

(ix) paragraph 111(1), (2), (3), (5) and (6);

(x) paragraphs 112 and 115;

(xi) paragraph 116(1) and (3);

(xii) paragraph 117;

(xiii) paragraph 118 insofar as the insertion it makes in section 126(1) of the Police Act 1997 has effect in relation to paragraph (c) of the definition of “certificate”;

(xiv) paragraph 129;

(bb) Part 5 of Schedule 10 except for the repeal of article 29 of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 ;

(cc) Part 6 of Schedule 10 except for the repeals of sections 113A(4), 113B(6)(a) and 122(3A)(a) and the words “or registered person” in 124A(1)(c) of the Police Act 1997.

Section 3 Provisions coming into force on 1st October 2012

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

(a) section 20(1), (10) and (11) (appointment and functions of Commissioner);

(b) section 22 (guidance on making national security determinations);

(c) section 92 (power of Secretary of State to disregard convictions or cautions);

(d) section 93 (applications to the Secretary of State);

(e) section 94 (procedure for decisions by the Secretary of State);

(f) section 95 (effect of disregard on police and other records);

(g) section 96 (effect of disregard for disclosure and other purposes);

(h) section 97 (saving for Royal pardons etc. );

(i) section 98 (section 96: supplementary);

(j) section 99 (appeal against refusal to disregard convictions or cautions);

(k) section 100 (advisors);

(l) section 101 (interpretation: Chapter 4);

(m) section 114 (removal of restrictions on time for marriage or civil partnership);

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

(o) Part 9 of Schedule 9.

Section 4 Transitional provisions

(1) The commencement of sections 64 and 66 of the Act shall have effect in relation to applications to which paragraph (2) applies only in respect of applications received by the Secretary of State on or after 10th September 2012.

(2) This paragraph applies to applications for a certificate made under section 113B of the Police Act 1997 which, by virtue of section 113BA or section 113BB of that Act , will include suitability information relating to children or suitability information relating to vulnerable adults.

Section 5 Transitional provisions

The commencement of section 80 of the Act shall have effect, in relation to applications made under sections 113A, 113B, 114 and 116 of the Police Act 1997 , only in respect of applications received by the Secretary of State on or after 10th September 2012.

Section 6

In articles 8, 10, 12, 14 and 15—

“the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006;

“the 2007 Order ” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;

“ DBS ” means the Disclosure and Barring Service .

Section 7

Articles 8 to 10 apply from 10th September 2012.

Section 8

(1) Any person who is on the children’s barred list or the adults’ barred list (within the meaning of section 2 of the 2006 Act or Article 6 of the 2007 Order), at the time that section 67 of, and paragraph 4 of Schedule 7 to, the Act comes into force, may apply to DBS for a review of their inclusion in the children’s barred list or the adults’ barred list (as the case may) in the circumstances set out in paragraph (2).

(2) The circumstances are that the person considers that DBS would not, if it were now considering whether to bar that person under paragraphs 2, 3, 5, 8, 9 or 11 of Schedule 3 to the 2006 Act or paragraphs 2, 3, 5, 8, 9 or 11 of Schedule 1 to 2007 Order, as amended by section 67(2) to (4) and (6) to (8) of, and paragraph 4(2) to (4) and (6) to (8) of Schedule 7 to, the Act, have reason to believe that the person is or has been or might in future be engaged in regulated activity relating to children or vulnerable adults (as the case may be).

Section 9

On receiving an application under article 8, DBS must remove the person from the children’s barred list or the adults’ barred list (as the case may be) if it does not have reason to believe that the person has been engaged, or, on the date on which they were barred, might in the future be engaged in regulated activity relating to children or vulnerable adults (as the case may be).

Section 10

Section 4 of the 2006 Act and Article 8 of the 2007 Order apply to any decision of DBS not to remove a person from the children’s barred list or the adults’ barred list (as the case may be) under article 10 of this Order.

Section 11

Article 12 applies from 10th September 2012 until 1st December 2012.

Section 12

The Secretary of State may provide to DBS any information she holds in order to enable DBS to determine whether, in relation to any person, paragraphs 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 3 to the 2006 Act applies or appears to apply.

Section 13

Article 14 applies from 10th September 2012 until 31st December 2015 .

Section 14

The Department of Justice in Northern Ireland may provide to DBS any information it holds in order to enable DBS to determine whether, in relation to any person, paragraphs 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the 2007 Order applies or appears to apply.

Section 15

Article 16 applies from 10th September 2012 until such time as section 72(1) of the Act is brought into force for the purposes of inserting section 30A into the 2006 Act.

Section 16

DBS may use any information it holds to check whether any of its members or employees, or prospective members or employees, are on the children’s barred list or the adults’ barred list or both.