Protection of Freedoms Act 2012

Contents

2,552 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 134

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a relevant search
has the meaning given by paragraph 20A(6). 20H 1 Any material to which paragraph 20A or 20G applies must not be used other than— a in the interests of national security, b for the purposes of a terrorist investigation, c for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or d for purposes related to the identification of a deceased person or of the person to whom the material relates. 2 Subject to sub-paragraph (1), a relevant search (within the meaning given by paragraph 20A(6)) may be carried out in relation to material to which paragraph 20A or 20G applies if the responsible chief officer of police considers the search to be desirable. 3 Material which is required by paragraph 20A or 20G to be destroyed must not at any time after it is required to be destroyed be used— a in evidence against the person to whom the material relates, or b for the purposes of the investigation of any offence. 4 In this paragraph— a the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person, b the reference to crime includes a referen
a specified chief officer of police
means— (a) in England and Wales and Northern Ireland— (i) the chief officer of the police force of the area in which the person from whom the material was taken resides, or (ii) a chief officer of police who believes that the person is in, or is intending to come to, the chief officer's police area, and (b) in Scotland— (i) the chief constable of the police force in the area in which the person who provided the material, or from whom it was taken, resides, or (ii) a chief constable who believes that the person is in, or is intending to come to, the area of the chief constable's police force. 20C 1 This paragraph applies to paragraph 20A material relating to a person who is detained under Schedule 7. 2 In the case of a person who has previously been convicted of a recordable offence (other than a single exempt conviction), or an offence in Scotland which is punishable by imprisonment, or is so convicted before the end of the period within which the material may be retained by virtue of this paragraph, the material may be retained indefinitely. 3 In the case of a person who has no previous convictions, or only one exempt conviction, the material
action
includes failure to act.
adequate notice
means notice given by—
application
includes a request under section 116A(1), 120AC(1) or 120AD(2).”
appropriate national authority
means— (a) in relation to the making of any provision which would be within the legislative competence of the National Assembly for Wales, the Welsh Ministers, (b) in any other case, a Minister of the Crown, • “associated power” means any power which— (a) is contained in an enactment, (b) is connected with a power of entry, and (c) is a power— (i) to do anything on, or in relation to, the land or other premises entered in pursuance of the power of entry, (ii) to do anything in relation to any person, or anything, found on the land or other premises entered in pursuance of the power of entry, or (iii) otherwise to do anything in connection with the power of entry, and includes any safeguard which forms part of the associated power;
associated power
means any power which— (a) is contained in an enactment, (b) is connected with a power of entry, and (c) is a power— (i) to do anything on, or in relation to, the land or other premises entered in pursuance of the power of entry, (ii) to do anything in relation to any person, or anything, found on the land or other premises entered in pursuance of the power of entry, or (iii) otherwise to do anything in connection with the power of entry, and includes any safeguard which forms part of the associated power;
Biometric information
means information about a person's physical or behavioural characteristics or features which—
biometric recognition system
means a system which, by means of equipment operating automatically—
caution
means— (a) a caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted, or (b) a reprimand or warning given under section 65 of the Crime and Disorder Act 1998 (reprimands and warnings for persons aged under 18), • “conviction” includes— (a) a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings (including anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction for the purposes of that Act), (b) a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and (c) a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged, • “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter, • “disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter, • “document” includes information recorded in any form and, in relati
central records
has the same meaning as in section 113A, • “criminal record certificate” includes a certificate under section 114, • “enhanced criminal record certificate” includes a certificate under section 116, • “exempted question” has the same meaning as in section 113A, • “relevant person” means— (a) in relation to a criminal conviction certificate— (i) the individual whose certificate it is, or (ii) any person authorised by the individual, (b) in relation to a criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and (c) in relation to an
child
means a person under the age of 18, • “further education institution” means an institution within the further education sector (within the meaning given by section 91(3)(a) to (c) of the Further and Higher Education Act 1992), • “parent” is to be read in accordance with subsections (5) to (8), • “parental responsibility” is to be read in accordance with the Children Act 1989, • “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);
civil service
means the civil service of the State, • “ISA” means the Independent Safeguarding Authority, • “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), • references to the transfer of property include the grant of a lease.
conviction
includes— (a) a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings (including anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction for the purposes of that Act), (b) a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and (c) a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged, • “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter, • “disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter, • “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form, • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), • “i
copyright owner
has the meaning given by Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act);
copyright work
has the meaning given by Part 1 of the Act of 1988 (see section 1(2) of that Act);
criminal record certificate
includes a certificate under section 114, • “enhanced criminal record certificate” includes a certificate under section 116, • “exempted question” has the same meaning as in section 113A, • “relevant person” means— (a) in relation to a criminal conviction certificate— (i) the individual whose certificate it is, or (ii) any person authorised by the individual, (b) in relation to a criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and (c) in relation to an enhanced criminal record certificate— (i) the individual who
current address for service
means— (a) in the case of the keeper, an address which is either— (i) an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules;
database
has the meaning given by section 3A of the Act of 1988;
database right
has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);
dataset
means information comprising a collection of information held in electronic form where all or most of the information in the collection— a has been obtained or recorded for the purpose of providing a public authority with information in connection with the provision of a service by the authority or the carrying out of any other function of the authority, b is factual information which— i is not the product of analysis or interpretation other than calculation, and ii is not an official statistic (within the meaning given by section 6(1) of the Statistics and Registration Service Act 2007), and c remains presented in a way that (except for the purpose of forming part of the collectio
DBS
means the Disclosure and Barring Service.
devolved powers of entry and devolved associated powers
means powers of entry and associated powers—
document
includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form, • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), • “information” includes documents, • “notice” means notice in writing, • “official records” has the meaning given by section 95(5), • “sentence” includes— (a) any punishment awarded, and (b) any order made by virtue of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957, in respect of a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings, (including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act), • “service disciplinary proceedings” means any proceedings (whether in England and Wales or elsewhere)— (a) under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 19
driver
includes, where more than one person is engaged in the driving of the vehicle, any person so engaged;
enactment
includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), • “information” includes documents, • “notice” means notice in writing, • “official records” has the meaning given by section 95(5), • “sentence” includes— (a) any punishment awarded, and (b) any order made by virtue of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957, in respect of a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings, (including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act), • “service disciplinary proceedings” means any proceedings (whether in England and Wales or elsewhere)— (a) under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under the enactment concerned to award a punishment in respect of an offence),...
enhanced criminal record certificate
includes a certificate under section 116, • “exempted question” has the same meaning as in section 113A, • “relevant person” means— (a) in relation to a criminal conviction certificate— (i) the individual whose certificate it is, or (ii) any person authorised by the individual, (b) in relation to a criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and (c) in relation to an enhanced criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individu
excepted or reserved provision
means provision which— (a) forms part of the law of Northern Ireland, and (b) is not prohibited by sub-paragraph (5)(a), • “primary legislation” means— (a) a public general Act, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, and (d) Northern Ireland legislation, • “transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998.
excluded offence
has the meaning given by section 63F (11).”
exempted question
has the same meaning as in section 113A, • “relevant person” means— (a) in relation to a criminal conviction certificate— (i) the individual whose certificate it is, or (ii) any person authorised by the individual, (b) in relation to a criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and (c) in relation to an enhanced criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked fo
fingerprints
has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984 (Part 5 definitions);
further education institution
means an institution within the further education sector (within the meaning given by section 91(3)(a) to (c) of the Further and Higher Education Act 1992), • “parent” is to be read in accordance with subsections (5) to (8), • “parental responsibility” is to be read in accordance with the Children Act 1989, • “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);
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 ch
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.”
hire agreement
means an agreement which—
information
includes documents, • “notice” means notice in writing, • “official records” has the meaning given by section 95(5), • “sentence” includes— (a) any punishment awarded, and (b) any order made by virtue of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957, in respect of a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings, (including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act), • “service disciplinary proceedings” means any proceedings (whether in England and Wales or elsewhere)— (a) under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under the enactment concerned to award a punishment in respect of an offence),...
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 can
ISA
means the Independent Safeguarding Authority.
keeper
means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;
law enforcement authority
means— (a) a police force, (b) the Serious Organised Crime Agency, (c) the Commissioners for Her Majesty's Revenue and Customs, or (d) a person formed or existing under the law of a country or territory outside the United Kingdom so far as exercising functions which— (i) correspond to those of a police force, or (ii) otherwise involve the investigation or prosecution of offences;
local authority in England
means— (a) a district or county council in England, (b) a London borough council, (c) the Common Council of the City of London in its capacity as a local authority, or (d) the Council of the Isles of Scilly, • “local authority in Wales” means any county council or county borough council in Wales, • “Northern Ireland excepted or reserved matter” means an excepted or reserved matter (within the meaning of section 4(1) of the Northern Ireland Act 1998), • “Northern Ireland transferred matter” means a transferred matter (within the meaning of section 4(1) of the Act of 1998), • “relevant judicial authority” means— (a) in relation to England and Wales, a justice of the peace, (b) in relation to Scotland, a sheriff, and (c) in relation to Northern Ireland, a district judge (magistrates' courts) in Northern Ireland, • “relevant person” means— (a) an individual holding an office, rank or position in a local authority in England or Wales, (b) also, in relation to a grant for any purpose relating to a Northern Ireland excepted or reserved matter, an individual holding an office, rank or position in a district council in Northern Ireland, and (c) also, in relation
local authority in Wales
means any county council or county borough council in Wales, • “Northern Ireland excepted or reserved matter” means an excepted or reserved matter (within the meaning of section 4(1) of the Northern Ireland Act 1998), • “Northern Ireland transferred matter” means a transferred matter (within the meaning of section 4(1) of the Act of 1998), • “relevant judicial authority” means— (a) in relation to England and Wales, a justice of the peace, (b) in relation to Scotland, a sheriff, and (c) in relation to Northern Ireland, a district judge (magistrates' courts) in Northern Ireland, • “relevant person” means— (a) an individual holding an office, rank or position in a local authority in England or Wales, (b) also, in relation to a grant for any purpose relating to a Northern Ireland excepted or reserved matter, an individual holding an office, rank or position in a district council in Northern Ireland, and (c) also, in relation to any grant of a description that may be prescribed for the purposes of this subsection by an order made by the Secretary of State or every grant if so prescribed, a person of a description so prescribed. 8 No order of the Secretary of S
Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975, • “modify” includes amend or repeal (and “modifications” is to be read accordingly), • “off-shore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 (see section 12 of that Act), • “power of entry” means a power (however expressed) in any enactment to enter land or other premises;
modify
includes amend or repeal (and “modifications” is to be read accordingly), • “off-shore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 (see section 12 of that Act), • “power of entry” means a power (however expressed) in any enactment to enter land or other premises;
motor vehicle
means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
Northern Ireland excepted or reserved matter
means an excepted or reserved matter (within the meaning of section 4(1) of the Northern Ireland Act 1998), • “Northern Ireland transferred matter” means a transferred matter (within the meaning of section 4(1) of the Act of 1998), • “relevant judicial authority” means— (a) in relation to England and Wales, a justice of the peace, (b) in relation to Scotland, a sheriff, and (c) in relation to Northern Ireland, a district judge (magistrates' courts) in Northern Ireland, • “relevant person” means— (a) an individual holding an office, rank or position in a local authority in England or Wales, (b) also, in relation to a grant for any purpose relating to a Northern Ireland excepted or reserved matter, an individual holding an office, rank or position in a district council in Northern Ireland, and (c) also, in relation to any grant of a description that may be prescribed for the purposes of this subsection by an order made by the Secretary of State or every grant if so prescribed, a person of a description so prescribed. 8 No order of the Secretary of State— a may be made under subsection (7) unless a draft of the order has been laid before
Northern Ireland Minister
includes the First Minister and deputy First Minister in Northern Ireland.
Northern Ireland transferred matter
means a transferred matter (within the meaning of section 4(1) of the Act of 1998), • “relevant judicial authority” means— (a) in relation to England and Wales, a justice of the peace, (b) in relation to Scotland, a sheriff, and (c) in relation to Northern Ireland, a district judge (magistrates' courts) in Northern Ireland, • “relevant person” means— (a) an individual holding an office, rank or position in a local authority in England or Wales, (b) also, in relation to a grant for any purpose relating to a Northern Ireland excepted or reserved matter, an individual holding an office, rank or position in a district council in Northern Ireland, and (c) also, in relation to any grant of a description that may be prescribed for the purposes of this subsection by an order made by the Secretary of State or every grant if so prescribed, a person of a description so prescribed. 8 No order of the Secretary of State— a may be made under subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;
notice
means notice in writing, • “official records” has the meaning given by section 95(5), • “sentence” includes— (a) any punishment awarded, and (b) any order made by virtue of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957, in respect of a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings, (including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act), • “service disciplinary proceedings” means any proceedings (whether in England and Wales or elsewhere)— (a) under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under the enactment concerned to award a punishment in respect of an offence),...
notice to driver
means a notice given in accordance with paragraph 7;
notice to keeper
means a notice given in accordance with paragraph 8 or 9 (as the case may be);
off-shore installation
has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 (see section 12 of that Act), • “power of entry” means a power (however expressed) in any enactment to enter land or other premises;
official records
has the meaning given by section 95(5), • “sentence” includes— (a) any punishment awarded, and (b) any order made by virtue of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957, in respect of a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings, (including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act), • “service disciplinary proceedings” means any proceedings (whether in England and Wales or elsewhere)— (a) under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under the enactment concerned to award a punishment in respect of an offence),...
paragraph 20A material
has the meaning given by paragraph 20A(2);
Parent
means a parent of the child and any individual who is not a parent of the child but who has parental responsibility for the child.
parking place
has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
police force
means any of the following— (a) the metropolitan police force;
power of entry
means a power (however expressed) in any enactment to enter land or other premises;
premises
has the same meaning as in section 23 of the Police and Criminal Evidence Act 1984.”
prescribed
means prescribed by order of the Department of Justice in Northern Ireland, • “relevant data controller” means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed.
primary legislation
means— (a) a public general Act, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, and (d) Northern Ireland legislation.
proceedings before a judicial authority
includes (in addition to proceedings before any of the ordinary courts of law) proceedings before any tribunal, body or person having power— to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question.
processing
has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);
pupil referral unit
has the meaning given by section 19A(2) of that Act.
registered address
means, in relation to the keeper of a registered vehicle, the address described in paragraph 11(3)(b) (as provided by the Secretary of State in response to the application for the keeper's details required by paragraph 11);
registered vehicle
means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;
relevant associated power
means any associated power in a public general Act or a statutory instrument made under such an Act, • “the relevant period” means the period of two years beginning with the day on which this Act is passed, • “relevant power of entry” means any power of entry in a public general Act or a statutory instrument made under such an Act.
relevant authority
means—
relevant contract
means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is— (a) the owner or occupier of the land;
relevant copyright work
means— (a) a copyright work, or (b) a database subject to a database right, but excludes a relevant Crown work or a relevant Parliamentary work;
relevant court
means— (a) in England and Wales, a District Judge (Magistrates' Courts), (b) in Scotland, the sheriff— (i) in whose sheriffdom the person to whom the material relates resides, (ii) in whose sheriffdom that person is believed by the applicant to be, or (iii) to whose sheriffdom that person is believed by the applicant to be intending to come;
relevant Crown work
means— (a) a copyright work in relation to which the Crown is the copyright owner, or (b) a database in relation to which the Crown is the owner of the database right;
relevant custodial sentence
means any of the following— a a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;
relevant data controller
means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed.
relevant judicial authority
means— (a) in relation to England and Wales, a justice of the peace, (b) in relation to Scotland, a sheriff, and (c) in relation to Northern Ireland, a district judge (magistrates' courts) in Northern Ireland, • “relevant person” means— (a) an individual holding an office, rank or position in a local authority in England or Wales, (b) also, in relation to a grant for any purpose relating to a Northern Ireland excepted or reserved matter, an individual holding an office, rank or position in a district council in Northern Ireland, and (c) also, in relation to any grant of a description that may be prescribed for the purposes of this subsection by an order made by the Secretary of State or every grant if so prescribed, a person of a description so prescribed. 8 No order of the Secretary of State— a may be made under subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;
relevant land
means any land (including land above or below ground level) other than—
relevant obligation
means— (a) an obligation arising under the terms of a relevant contract;
relevant offence
has the same meaning as in section 19A of the Criminal Procedure (Scotland) Act 1995;
relevant official records
means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed.
relevant Parliamentary work
means— (a) a copyright work in relation to which the House of Commons or the House of Lords is the copyright owner, or (b) a database in relation to which the House of Commons or the House of Lords is the owner of the database right;
relevant person
means— (a) in relation to a criminal conviction certificate— (i) the individual whose certificate it is, or (ii) any person authorised by the individual, (b) in relation to a criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and (c) in relation to an enhanced criminal record certificate— (i) the individual whose certificate it is, or (ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).”
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
relevant physical data
has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;
relevant power of entry
means any power of entry in a public general Act or a statutory instrument made under such an Act.
relevant services
means— a the provision to the same person of more than one copy of any published material where each of the copies of the material is either provided on paper, a portable disk which stores the material electronically or a similar medium, b the provision of training, or c the provision of conferences. 8B The Secretary of State may by order amend subsection (8A).”
relevant tax
means income tax, corporation tax, capital gains tax, stamp duty, stamp duty reserve tax or stamp duty land tax, • “tax provision” means any provision— (a) about a relevant tax, and (b) made by or under an enactment, • “transfer scheme” means a transfer scheme under section 88, and references to the transfer of property include the grant of a lease.
renewable energy installation
has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act), • “repeal” includes revoke.
repeal
includes revoke.
responsible chief officer of police
means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area— (a) in which the material concerned was taken, or (b) in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;
school
has the meaning given by section 4 of the Education Act 1996, subject to the modification in subsection (10), • “16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010.
section 18 material
has the meaning given by section 18(2);
section 63D material
means fingerprints or DNA profiles to which section 63D applies;”
senior judge
means a judge of the High Court or of the High Court of Justiciary. 4 The modification of paragraph 37 is the insertion, in sub-paragraph (2), after “judicial authority”, of “or senior judge”. 5 A temporary extension order applies, except so far as it provides otherwise, to any person who is being detained under section 41 when the order comes into force (as well as any person who is subsequently detained under that section). 6 The Secretary of State may by order revoke a temporary extension order if the Secretary of State considers it appropriate to do so (whether or not the conditions mentioned in paragraphs (a) and (b) of sub-paragraph (1) are met). 7 Sub-paragraph (8) appl
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;
senior police officer
has the same meaning as in Schedule 6B (see paragraph 14(1) and (2) of that Schedule);
sentence
includes— (a) any punishment awarded, and (b) any order made by virtue of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957, in respect of a finding that a person is guilty of an offence in respect of conduct which was the subject of service disciplinary proceedings, (including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act), • “service disciplinary proceedings” means any proceedings (whether in England and Wales or elsewhere)— (a) under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under the enactment concerned to award a punishment in respect of an offence),...
service disciplinary proceedings
means any proceedings (whether in England and Wales or elsewhere)— (a) under the Naval Discipline Act 1866, the Army Act 1881, the Air Force Act 1917, the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under the enactment concerned to award a punishment in respect of an offence),...
service offence
means a service offence within the meaning of the Armed Forces Act 2006, or an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059).
sexual activity
includes—
specified
means specified in an authorisation.”
statutory provision
means any provision (apart from this Schedule) contained in— and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005.
subordinate legislation
means an Order in Council or any order, regulations, byelaws or other legislative instrument, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005.
suitability information
means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB. 9 Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act. 120AD 1 Subsection (2) applies if— a the Secretary of State gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate, b the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and c the person whose certificate it is in respect of which the up-date information is given appl
surveillance camera code
has the meaning given by section 31(10), • “surveillance camera systems” has the meaning given by section 29(6).
surveillance camera systems
means—
tax provision
means any provision— (a) about a relevant tax, and (b) made by or under an enactment, • “transfer scheme” means a transfer scheme under section 88, and references to the transfer of property include the grant of a lease.
terrorist investigation
has the meaning given by section 32 of the Terrorism Act 2000. 2 An order under subsection (1) is subject to negative resolution procedure. 3 For the purposes of section 18A, a person is to be treated as having been convicted of an offence if the person— a has been given a caution in respect of the offence which, at the time of the caution, the person has admitted, b has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence, c has been found not guilty of the offence by reason of insanity, or d has been found to be under a disability and to have done the act charged in respect of the offence. 4 Sections 18A and this section,
the 40-day period
means the period of 40 days beginning with the day on which the alteration or replacement code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
the appropriate national authority
means— (a) in relation to relevant land in England, the Secretary of State;
the commencement day
means the day on which section 1 comes into force, • “PACE material” means material that would have been material to which section 63D or 63R of the Police and Criminal Evidence Act 1984 applied if those provisions had been in force when it was taken or derived.
the Commissioner
has the meaning given by section 34(1), • “surveillance camera code” has the meaning given by section 31(10), • “surveillance camera systems” has the meaning given by section 29(6).
the creditor
means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle;
the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
the general names database
means the names database held by the Secretary of State for the use of constables, • “the Northern Ireland names database” means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions, • “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions, • “prescribed” means prescribed by order of the Department of Justice in Northern Ireland, • “relevant data controller” means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed.
the names database
means the names database held by the Secretary of State for the use of constables, • “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in England and Wales for the purposes of its functions, • “prescribed” means prescribed by order of the Secretary of State, • “relevant data controller” means— (a) in relation to the names database, any chief officer of police of a police force in England and Wales who is a data controller in relation to the details concerned, (b) in relation to other relevant official records, such person as may be prescribed, • “relevant official records” means— (a) the names database, and (b) such other official records as may be prescribed.
the Northern Ireland names database
means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions, • “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions, • “prescribed” means prescribed by order of the Department of Justice in Northern Ireland, • “relevant data controller” means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed.
the powers of entry code
has the meaning given by section 49(10).
the relevant appeal court
means— (a) in England and Wales, the Crown Court, (b) in Scotland, the sheriff principal, and (c) in Northern Ireland, the County Court in Northern Ireland;
the relevant chief constable
means the chief constable of the police force of which the constable who took the relevant physical data, or to whom it was provided, or who took or directed the taking of the sample, was a member.”
the relevant period
means the period of two years beginning with the day on which this Act is passed, • “relevant power of entry” means any power of entry in a public general Act or a statutory instrument made under such an Act.
the responsible officer
means— (a) in relation to material obtained or acquired by a police force in England and Wales, the chief officer of the police force;
the search powers code
means the code of practice issued under section 47AB (2) (as altered or replaced from time to time). 47AD 1 The Secretary of State must publish the code (and any replacement code) issued under section 47AB (2). 2 The Secretary of State must publish— a any alteration issued under section 47AB (2), or b the code or replacement code as altered by it. 47AE 1 A constable must have regard to the search powers code when exercising any powers to which the code relates. 2 A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings. 3 The search powers code is
the specified licence
has the meaning given by section 11A(8).”
the surveillance camera code
means the code of practice issued under section 30(2) (as altered or replaced from time to time).
traffic authority
means each of the following— (a) the Secretary of State;
transfer scheme
means a transfer scheme under section 88, and references to the transfer of property include the grant of a lease.
transferred matter
has the meaning given by section 4(1) of the Northern Ireland Act 1998.
up-date information
has the same meaning as in section 116A.”
vehicle
means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.
vehicle-hire firm
means any person engaged in the hiring of vehicles in the course of a business.
victim
includes intended victim, • “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise, and the reference in subsection (2)(c) to a person being associated with another person is to be read in accordance with section 62(3) to (7) of the Family Law Act 1996.”
vulnerable adult
means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise, and the reference in subsection (2)(c) to a person being associated with another person is to be read in accordance with section 62(3) to (7) of the Family Law Act 1996.”
Welsh provision
means any provision of this Act so far as it falls within section 120(3).
working day
means any day other than a Saturday, Sunday or a public holiday in England and Wales.