UK Act of Parliament 2012 United Kingdom

Protection of Freedoms Act 2012

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role …

Enforced by
DBS, SIA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 1 of 27 obligations carry imprisonment (5 years). 1 carries different penalties and 25 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trader3 Any Person3 Data Controller1 Responsible Person1

Plus 19 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Any Person — also bound by 2340 other Acts
Data Controller — also bound by 35 other Acts
Responsible Person — also bound by 108 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Regulation of biometric data

1 of 28 sections shown
s.026 Requirement to notify and obtain consent before processing biometric information (opens in a new tab) Regulated
  • Obtain parental consent before using a child's biometric dataData Controller
27 other sections in this Part — procedural and definitional
Part 2

Regulation of surveillance

5 of 10 sections shown
s.029 Code of practice for surveillance camera systems (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must create and consult on a surveillance camera codeCrown / Minister / Government department
s.030 Issuing of code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must lay code before Parliament and issue if approvedCrown / Minister / Government department
s.032 Publication of code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish the code of practiceCrown / Minister / Government department
s.033 Effect of code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Relevant authorities must follow the Surveillance Camera Code of PracticeLocal authority
s.035 Reports by Commissioner (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Surveillance Camera Commissioner must publish and submit annual reportsStatutory regulator
5 other sections in this Part — procedural and definitional
Part 3

Protection of property from disproportionate enforcement action

7 of 18 sections shown
s.042 Duty to review certain existing powers of entry (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Cabinet Ministers must review and report on powers of entryCrown / Minister / Government department
s.043 Consultation requirements before modifying powers of entry (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must consult before changing powers of entryCrown / Minister / Government department
s.047 Code of practice in relation to non-devolved powers of entry (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must create a code of practice for powers of entryCrown / Minister / Government department
s.048 Issuing of code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must lay code before Parliament and issue once approvedCrown / Minister / Government department
s.050 Publication of code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish the code of practiceCrown / Minister / Government department
s.051 Effect of code (opens in a new tab) Regulated
  • Relevant persons must follow the powers of entry code of practiceResponsible Person
s.054 Offence of immobilising etc. vehicles (opens in a new tab) Prosecution
  • Unlawfully clamp, tow, or block a vehicleAny Person

Unlimited fine

11 other sections in this Part — procedural and definitional
Part 4

Counter-terrorism powers

0 of 7 sections shown
Part 5

Safeguarding vulnerable groups, criminal records etc.

14 of 48 sections shown
s.083 Up-dating certificates (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must provide updated criminal record info on requestCrown / Minister / Government department
s.095 Effect of disregard on police and other records (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must order the deletion of disregarded convictionsCrown / Minister / Government department
s.101 Power of Department of Justice to disregard certain convictions or cautions

amended 16 times

s.101 Applications to the Department of Justice

amended 16 times

s.101 Procedure for decisions by the Department of Justice

amended 16 times

s.101 Effect of disregard on police and other records

amended 16 times

s.101 Effect of disregard for disclosure and other purposes

amended 16 times

s.101 Saving for Royal pardons etc

amended 16 times

s.101 Section 101E: supplementary

amended 16 times

s.101 Appeal against refusal to disregard convictions or caution

amended 16 times

s.101 Advisers

amended 16 times

s.101 Interpretation: Chapter 5

amended 16 times

34 other sections in this Part — procedural and definitional
Part 6

Freedom of information and data protection

7 of 7 sections shown
Part 7

Miscellaneous and general

6 of 13 sections shown
Schedules

Schedules

11 of 241 shown
s.sch001 For section 18 (material not subject to existing statutory restrictions)... Regulated
Other duties (1) — Crown / regulator
  • Law enforcement must destroy national security biometric data unless lawfully retainedCrown / Minister / Government department
s.sch003 (1) The Welsh Ministers— (a) must keep the devolved powers... Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must keep the devolved powers of entry code under review and update itCrown / Minister / Government department
s.sch004 (1) This paragraph applies in the case of parking charges... Regulated
  • Vehicle-hire firms must transfer liability to the hirer within 28 daysAny Person
s.sch004 (1) If— (a) the creditor is by virtue of paragraph... Regulated
  • Give a valid notice to hirer before recovering unpaid parking chargesTrader
s.sch004 (1) A notice which is to be relied on as... Regulated
  • Issue a valid notice to keeper for unpaid parking chargesTrader
s.sch004 (1) A notice which is to be relied on as... Regulated
  • Issue compliant notice to keeper for unpaid parking chargesTrader
s.sch007 (1) For Articles 32 to 34 of the Safeguarding Vulnerable... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must provide vetting information and maintain a register of barred individualsCrown / Minister / Government department
s.sch008 (1) DBS must keep its accounts in such form as... Regulated
Other duties (1) — Crown / regulator
  • DBS must keep accounts and send them to Secretary of State annuallyCrown / Minister / Government department
s.sch008 (1) The Secretary of State may give directions in writing... Regulated
Other duties (1) — Crown / regulator
  • DBS must comply with government directions on non-core functionsStatutory regulator
s.sch008 (1) The Secretary of State (instead of DBS) may— Regulated
Other duties (1) — Crown / regulator
  • Appoint first chief executive of DBS and set terms of serviceCrown / Minister / Government department
s.sch008 (1) DBS must appoint a person to be chief executive.... Regulated
Other duties (1) — Crown / regulator
  • DBS must appoint and may staff a chief executiveStatutory regulator
230 other schedules
s.sch001 (1) Schedule 8 to the Terrorism Act 2000 (treatment of...
s.sch001 In Schedule 4 of the International Criminal Court Act 2001...
s.sch001 The Counter-Terrorism Act 2008 is amended as follows.
s.sch001 After paragraph 10(2) of Schedule 6 to the Terrorism Prevention...
s.sch001 (1) The Criminal Procedure (Scotland) Act 1995 is amended as...
s.sch001 (1) This paragraph applies to the following material—
s.sch001 (1) The Secretary of State may make an order under...
s.sch002 (1) Omit section 50 of the Public Health (Control of...
s.sch002 (1) Omit article 22 of the Distribution of German Enemy...
s.sch002 (1) Omit section 4 of the Hypnotism Act 1952 (constable's...
s.sch002 (1) Omit section 8(2) of the Landlord and Tenant Act...
s.sch002 (1) Omit regulation 24(6) of the Gas Appliances (Safety) Regulations...
s.sch002 (1) Omit paragraph 2(2)(a), (b) and (c) of Schedule 2...
s.sch002 (1) Omit regulation 83 of the Payment Services Regulations 2009...
s.sch002 (1) Omit section 258(4) of the Merchant Shipping Act 1995...
s.sch002 (1) Section 108(15) of the Environment Act 1995 (powers of...
s.sch002 (1) Omit regulation 5 of the Dairy Herd Conversion Premium...
s.sch002 (1) Omit section 2(1) of the Milk (Cessation of Production)...
s.sch002 (1) Omit regulation 8 of the Cereals Co-responsibility Levy Regulations...
s.sch002 (1) Omit regulation 5 of the Oilseeds Producers (Support System)...
s.sch002 (1) Omit regulation 5 of the Older Cattle (Disposal) (England)...
s.sch002 (1) Omit regulation 6 of the Salmonella in Turkey Flocks...
s.sch003 (1) The Welsh Ministers may prepare a code of practice...
s.sch003 (1) The Welsh Ministers must lay before the National Assembly...
s.sch003 (1) The Welsh Ministers must publish any code issued under...
s.sch003 (1) A relevant person must have regard to the devolved...
s.sch003 In this Schedule— “the devolved powers of entry code” has...
s.sch004 (1) This Schedule applies where— (a) the driver of a...
s.sch004 (1) The appropriate national authority may by regulations made by...
s.sch004 (1) The third condition is that— (a) the creditor (or...
s.sch004 (1) The fourth condition is that any applicable requirements prescribed...
s.sch004 (1) The provisions of this Schedule apply to—
s.sch004 (1) The appropriate national authority may by order made by...
s.sch004 (1) A statutory instrument containing regulations under any provision of...
s.sch004 (1) In this Schedule— “the appropriate national authority” means— in...
s.sch004 (1) In this Schedule “relevant land” means any land (including...
s.sch004 (1) The creditor has the right to recover any unpaid...
s.sch004 (1) The first condition is that the creditor—
s.sch004 (1) The second condition is that the creditor (or a...
s.sch004 (1) A notice which is to be relied on as...
s.sch006 (1) Paragraph 4 of Schedule 3 to the Justice and...
s.sch006 After paragraph 4 of that Schedule to that Act insert—...
s.sch006 In paragraph 9(1) of that Schedule to that Act (offence...
s.sch007 (1) Parts 1 and 3 of Schedule 2 to the...
s.sch007 After Article 36 of the Safeguarding Vulnerable Groups (Northern Ireland)...
s.sch007 (1) Before paragraph 6 of Schedule 1 to the Safeguarding...
s.sch007 (1) In Article 43 of the Safeguarding Vulnerable Groups (Northern...
s.sch007 (1) In Article 47 of the Safeguarding Vulnerable Groups (Northern...
s.sch007 (1) Omit section 90(2) of the Policing and Crime Act...
s.sch007 (1) In Article 2 of the Safeguarding Vulnerable Groups (Northern...
s.sch007 (1) Parts 2 and 3 of Schedule 2 to the...
s.sch007 (1) For sub-paragraphs (2) and (3) of paragraph 1 of...
s.sch007 Omit Articles 25 to 27 of the Safeguarding Vulnerable Groups...
s.sch007 Omit Articles 28 to 31 of the Safeguarding Vulnerable Groups...
s.sch007 (1) In paragraph 19 of Schedule 1 to the Safeguarding...
s.sch007 After paragraph 18 of Schedule 1 to the Safeguarding Vulnerable...
s.sch008 (1) DBS is to consist of— (a) a person who...
s.sch008 (1) As soon as possible after the end of each...
s.sch008 The Secretary of State may make payments to DBS of...
s.sch008 (1) The Secretary of State may, from time to time,...
s.sch008 (1) DBS is not to be regarded—
s.sch008 Information obtained by DBS in connection with the exercise of...
s.sch008 (1) Sub-paragraph (2) applies if DBS considers—
s.sch008 (1) In connection with the exercise of any of its...
s.sch008 A document purporting to be signed on behalf of DBS...
s.sch008 (1) Subject as follows, an appointed member holds and vacates...
s.sch008 (1) DBS may pay to the person who has the...
s.sch008 (1) DBS may pay to its staff such remuneration and...
s.sch008 DBS may, to such extent as it may decide, delegate...
s.sch008 DBS may, to such extent as it may decide, delegate...
s.sch008 (1) In this Schedule a core function is—
s.sch008 (1) As soon as possible after the beginning of each...
s.sch009 In Part 3 of Schedule 1 to the House of...
s.sch009 (1) Section 57 (Interception of Communications Commissioner) is amended as...
s.sch009 In Article 57(1)(c) (damages) omit “prescribed”.
s.sch009 (1) Schedule 1 (barred lists) is amended as follows.
s.sch009 (1) Schedule 5 (vetting information) is amended as follows.
s.sch009 In Schedule 6 (transitional provisions) omit paragraph 5.
s.sch009 The Police Act 1997 is amended as follows.
s.sch009 In section 113BC(1) (suitability information: power to amend), after paragraph...
s.sch009 In section 114(3) (application of other provisions of Part 5...
s.sch009 In section 116(3) (application of other provisions of Part 5...
s.sch009 (1) Section 117 (disputes about accuracy of certificates) is amended...
s.sch009 (1) Section 118 (evidence of identity) is amended as follows....
s.sch009 After section 62(2) (functions of Chief Surveillance Commissioner) insert—
s.sch009 (1) Section 119 (sources of information) is amended as follows....
s.sch009 (1) Section 119B (independent monitor) is amended as follows.
s.sch009 (1) Section 120 (registered persons) is amended as follows.
s.sch009 After section 122(1) (code of practice) insert—
s.sch009 Omit section 122(3A)(a) (power of Secretary of State to refuse...
s.sch009 (1) Section 124 (offences: disclosure) is amended as follows.
s.sch009 (1) Section 124A (offences relating to disclosure of information obtained...
s.sch009 After section 125B(2) (form of applications) insert—
s.sch009 In section 126(1) (interpretation of Part 5), in the definition...
s.sch009 In section 73(3) of the Gambling Act 2005 (procedure on...
s.sch009 (1) Section 65 (the Tribunal) is amended as follows.
s.sch009 The National Health Service Act 2006 is amended as follows....
s.sch009 In section 129(6) (regulations as to pharmaceutical services), in paragraph...
s.sch009 In section 132(4) (persons authorised to provide pharmaceutical services), in...
s.sch009 In section 147A(3) (performers of pharmaceutical services and assistants), in...
s.sch009 The National Health Service (Wales) Act 2006 is amended as...
s.sch009 In section 72(3) (regulations as to general ophthalmic services), in...
s.sch009 In section 83(6) (regulations as to pharmaceutical services), in paragraph...
s.sch009 In section 86(4) (persons authorised to provide pharmaceutical services), in...
s.sch009 In section 105(3) (supplementary lists), in paragraph (g), for the...
s.sch009 (1) Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable...
s.sch009 In section 67(7) (powers of the Tribunal), at the end...
s.sch009 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
s.sch009 (1) Schedule 1 to the House of Commons Disqualification Act...
s.sch009 (1) Schedule 1 to the Northern Ireland Assembly Disqualification Act...
s.sch009 In Part 6 of Schedule 1 to the Freedom of...
s.sch009 (1) Section 1 of the Rehabilitation of Offenders Act 1974...
s.sch009 In section 113A(6) of the Police Act 1997 (criminal record...
s.sch009 In Schedule 1 to the Children and Young Persons Act...
s.sch009 In section 65A of the Police and Criminal Evidence Act...
s.sch009 In Schedule 2 to the Proceeds of Crime Act 2002...
s.sch009 In Part 2 of Schedule 15 to the Criminal Justice...
s.sch009 In section 71(2) (issue and revision of codes of practice)...
s.sch009 (1) The Sexual Offences Act 2003 is amended as follows....
s.sch009 (1) The Asylum and Immigration (Treatment of Claimants, etc )...
s.sch009 In Part 1 of Schedule 1 to the Serious Crime...
s.sch009 (1) The Protection from Harassment Act 1997 is amended as...
s.sch009 (1) Section 32 of the Crime and Disorder Act 1998...
s.sch009 In Part 1 of Schedule 1 to the Criminal Justice...
s.sch009 In Schedule 5 to the Sexual Offences Act 2003 (relevant...
s.sch009 In Part 1 of Schedule 15 to the Criminal Justice...
s.sch009 (1) The Criminal Justice Act 2003 is amended as follows....
s.sch009 After section 77 (Ministerial expenditure etc.) insert— Procedure for order...
s.sch009 In section 78 (orders, regulations and rules)—
s.sch009 After section 81(8) (general interpretation) insert— (9) References in this...
s.sch009 (1) Section 102 of the Road Traffic Regulation Act 1984...
s.sch009 (1) Section 66 of the Airports Act 1986 (functions of...
s.sch009 In Part 3 of Schedule 1 to the Northern Ireland...
s.sch009 (1) The Private Security Industry Act 2001 is amended as...
s.sch009 After section 66(2) of the Police and Criminal Evidence Act...
s.sch009 In Article 65 of the Police and Criminal Evidence (Northern...
s.sch009 The Terrorism Act 2000 is amended as follows.
s.sch009 In the italic cross-heading before section 40, after “Suspected terrorists”...
s.sch009 (1) Section 123 (orders and regulations) is amended as follows....
s.sch009 (1) Schedule 8 (detention) is amended as follows.
s.sch009 In paragraph 6(3) of Schedule 2 to the Regulation of...
s.sch009 In Part 1 of Schedule 1 to the Criminal Justice...
s.sch009 In Part 2 of that Schedule to that Act (powers...
s.sch009 (1) The Police and Criminal Evidence Act 1984 is amended...
s.sch009 In paragraph 15(1) of Schedule 4 to the Police Reform...
s.sch009 In paragraph 16 of Schedule 2A to the Police (Northern...
s.sch009 In section 36 of the Terrorism Act 2006 (review of...
s.sch009 In section 1(1) of the Counter-Terrorism Act 2008 (power to...
s.sch009 The Terrorism Act 2000 (Remedial) Order 2011 is revoked.
s.sch009 The Police Act 1997 is amended as follows.
s.sch009 In section 113A (criminal record certificates) omit subsection (10).
s.sch009 In section 113B (enhanced criminal record certificates) omit subsection (13)....
s.sch009 In section 113BA(2) (suitability information relating to children) omit paragraphs...
s.sch009 In section 113BB(2) (suitability information relating to vulnerable adults) omit...
s.sch009 (1) The Crime and Security Act 2010 is amended as...
s.sch009 (1) Section 119 (sources of information) is amended as follows....
s.sch009 In section 119B(5) (independent monitor) omit paragraphs (d) and (e)....
s.sch009 (1) Section 120A (refusal and cancellation of registration on grounds...
s.sch009 The Safeguarding Vulnerable Groups Act 2006 is amended as follows....
s.sch009 In section 4(1) (appeals)— (a) omit paragraph (a),
s.sch009 In section 5(4) (regulated activity)— (a) omit “section 10(3);”, and...
s.sch009 In section 6(8) (regulated activity providers)— (a) in paragraph (a),...
s.sch009 In section 7(5) (barred person not to engage in regulated...
s.sch009 Omit section 8 (person not to engage in regulated activity...
s.sch009 In section 9(5) (use of barred person for regulated activity)...
s.sch009 In Part 3 of Schedule 1 to the House of...
s.sch009 Omit section 10 (use of person not subject to monitoring...
s.sch009 Omit section 11 and Schedule 5 (regulated activity provider: failure...
s.sch009 Omit section 12 and Schedule 6 (personnel suppliers: failure to...
s.sch009 Omit section 13 (educational establishments: check on members of governing...
s.sch009 Omit section 14 (office holders: offences).
s.sch009 Omit section 15 (sections 13 and 14: checks).
s.sch009 Omit section 16 (exception to requirement to make monitoring check)....
s.sch009 Omit section 17 (NHS employment).
s.sch009 (1) Section 18 (offences: companies etc.) is amended as follows....
s.sch009 (1) Section 19 (offences: other persons) is amended as follows....
s.sch009 The Regulation of Investigatory Powers Act 2000 is amended as...
s.sch009 In section 20 (section 19: exclusions and defences) omit subsections...
s.sch009 In section 35 (regulated activity providers: duty to refer)—
s.sch009 (1) Section 36 (personnel suppliers: duty to refer) is amended...
s.sch009 (1) Section 37 (regulated activity providers: duty to provide information...
s.sch009 In section 41(7) (registers: duty to refer), in the table,...
s.sch009 (1) Section 50A (provision of information to the police) is...
s.sch009 In section 51(5) (Crown application) omit paragraph (b).
s.sch009 (1) Section 54 (devolution: alignment) is amended as follows.
s.sch009 (1) Section 56 (devolution: Wales) is amended as follows.
s.sch009 In section 57(1)(c) (damages) omit “prescribed”.
s.sch009 In section 22(6) (duty of postal or telecommunications operator to...
s.sch009 (1) Section 60 (interpretation) is amended as follows.
s.sch009 In section 61(3) (orders and regulations)— (a) omit paragraphs (b)...
s.sch009 (1) Schedule 3 (barred lists) is amended as follows.
s.sch009 (1) Schedule 7 (vetting information) is amended as follows.
s.sch009 In Schedule 8 (transitional provisions) omit paragraph 5.
s.sch009 The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351...
s.sch009 (1) Article 2 (interpretation) is amended as follows.
s.sch009 In Article 8(1) (appeals)— (a) omit sub-paragraph (a),
s.sch009 In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e)....
s.sch009 In Article 10(8) (regulated activity providers)— (a) omit sub-paragraphs (a)...
s.sch009 After section 23(2) (form and duration of authorisations and notices...
s.sch009 In Article 11(5) (barred person not to engage in regulated...
s.sch009 Omit Article 12 (person not to engage in regulated activity...
s.sch009 In Article 13(5) (use of barred person for regulated activity)...
s.sch009 Omit Article 14 (use of person not subject to monitoring...
s.sch009 Omit Article 15 and Schedule 3 (regulated activity provider: failure...
s.sch009 Omit Article 16 and Schedule 4 (personnel suppliers: failure to...
s.sch009 Omit Article 17 (educational establishments: check on members of governing...
s.sch009 Omit Article 18 (office holders: offences).
s.sch009 Omit Article 19 (Articles 17 and 18: checks).
s.sch009 Omit Article 20 (exception to requirement to make monitoring check)....
s.sch009 (1) Section 43 (general rules about grant, renewal and duration...
s.sch009 Omit Article 21 (HSS employment).
s.sch009 (1) Article 22 (offences: companies etc.) is amended as follows....
s.sch009 (1) Article 23 (offences: other persons) is amended as follows....
s.sch009 In Article 24 (Article 23: exclusions and defences), omit paragraphs...
s.sch009 In Article 37 (regulated activity providers: duty to refer)—
s.sch009 (1) Article 38 (personnel suppliers: duty to refer) is amended...
s.sch009 (1) Article 39 (regulated activity providers: duty to provide information...
s.sch009 (1) Article 52A (provision of information to the police) is...
s.sch009 In Article 53(5) (Crown application), omit sub-paragraph (b).
s.sch009 (1) Article 56 (alignment with rest of UK) is amended...
1 other provision
s.para.178 After Schedule 6A to the Terrorism Act 2000 insert— SCHEDULE...

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