Protection of Freedoms Act 2012
What this means for your business
- Enforced by
- SIA
- Applies to
- United Kingdom
- On this page
- 3 compliance obligations, 1 practical guide
What you must do
3 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 1
Consider the powers‑of‑entry code when exercising relevant functions
If your business is named in a statutory instrument as a “relevant person”, you must take the powers‑of‑entry code into account whenever you carry out the functions that the code governs. In practice this means checking the code and ensuring your actions comply before you act.
Offences and prohibitions 2
Immobilise or restrict a vehicle without lawful authority
Unlimited fineIf you (or your company) attach a boot, clamp or any other device to a vehicle, or move or otherwise restrict its movement, without having lawful authority, you commit an offence. Consent from the vehicle owner or driver does not give you lawful authority, except where a fixed barrier was already in place when the vehicle was parked. Conviction can lead to an unlimited fine, either on indictment in the Crown Court or on summary conviction in a Magistrates' Court.
Stalk a person
51 weeks imprisonmentIf you repeatedly follow, contact, watch or otherwise harass someone in a way that amounts to stalking, you commit a criminal offence. The conduct must be a course of behaviour that the person knows or ought to know is harassment. On conviction you can be sentenced to up to 51 weeks in prison, an unlimited fine, or both.
Penalties for non-compliance
2 penalties under this legislation. 1 can result in imprisonment. 2 carry an unlimited fine.
Stalk a person
Unlimited fine and/or 51 weeks imprisonment
Immobilise or restrict a vehicle without lawful authority
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
141 classified provisions from this legislation.
Duties 12
- Schedule 8 Disclosure and Barring Service increase attributable
- s.26 Requirement to notify and obtain consent before processing biometric information time
- s.29 Code of practice for surveillance camera systems
- s.32 Publication of code
- s.33 Effect of code functions
- s.35 Reports by Commissioner
- s.42 Duty to review certain existing powers of entry
- s.43 Consultation requirements before modifying powers of entry
- s.47 Code of practice in relation to non-devolved powers of entry
- s.50 Publication of code
- s.51 Effect of code functions
- s.95 Effect of disregard on police and other records
Offences and penalties 3
Powers 31
- s.6 Persons convicted of an offence outside England and Wales
- s.21 Reports by Commissioner
- s.22 Guidance on making national security determinations
- s.24 National DNA Database Strategy Board
- s.34 Commissioner in relation to code
- s.39 Repealing etc. unnecessary or inappropriate powers of entry
- s.40 Adding safeguards to powers of entry
- s.41 Rewriting powers of entry
- s.58 Emergency power for temporary extension and review of extensions
- s.59 Repeal of existing stop and search powers
- s.71 Review of barring decisions
- s.73 Duty to check whether person barred
- s.75 Professional bodies
- s.79 Restriction on information provided to certain persons
- s.81 Additional grounds for refusing an application to be registered
- s.83 Up-dating certificates
- s.88 Transfer of functions to DBS and dissolution of ISA
- s.89 Orders under section 88
- s.90 Transfer schemes in connection with orders under section 88
- s.91 Tax in connection with transfer schemes
- ... and 11 more powers
Definitions 14
- s.4 Persons arrested for or charged with a minor offence
- Schedule 5 Replacement powers to stop and search: supplementary provisions
- s.28 Interpretation: Chapter 2
- s.36 Interpretation: Chapter 1
- s.46 Sections 39 to 46: interpretation
- s.52 Sections 47 to 51: interpretation
- s.61 Replacement powers to stop and search in specified locations
- s.66 Restriction of scope of regulated activities: vulnerable adults
- s.98 Section 96: supplementary
- s.101G Section 101E: supplementary
- s.101D Effect of disregard on police and other records
- s.101J Interpretation: Chapter 5
- Schedule 3 Corresponding code of practice for Welsh devolved powers of entry the 40-day period the devolved powers of entry code relevant person
- Schedule 4 Recovery of unpaid parking charges the appropriate national authority the creditor current address for service
Exemptions 7
- s.3 Persons arrested for or charged with a qualifying offence
- s.5 Persons convicted of a recordable offence
- s.7 Persons under 18 convicted of first minor offence
- s.17 Exclusions for certain regimes
- s.20 Appointment and functions of Commissioner
- s.27 Exceptions and further provision about consent and notification
- s.45 Devolution: Scotland and Northern Ireland