UK Act of Parliament 2012 United Kingdom

Protection of Freedoms Act 2012

At a glance

Enforced by

DBS, SIA

What's here

25 compliance obligations, 2 practical guides across 2 topics · 3 journeys · 1 statutory instrument

Penalty landscape

1 of 25 obligations carry imprisonment (5 years). 1 carries different penalties and 23 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Trader 3
  • Any Person 3
  • Data Controller 1
  • Responsible Person 1

Plus 17 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Traders also bound by 826 other Acts (top 5 shown)
Any Person also bound by 2338 other Acts (top 5 shown)
Data Controllers also bound by 38 other Acts (top 5 shown)
Responsible Persons also bound by 104 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Regulation of biometric data

Browse 27 other sections in this Part — procedural / definitional / commencement

Part 2 — Regulation of surveillance

s.032

Publication of code

Other duties (1) — Crown / regulator
  • Secretary of State must publish the code of practice Crown / Minister / Government department
s.033

Effect of code

Other duties (1) — Crown / regulator
  • Relevant authorities must follow the Surveillance Camera Code of Practice Local authority
s.035

Reports by Commissioner

Other duties (1) — Crown / regulator
  • Surveillance Camera Commissioner must publish and submit annual reports Statutory regulator
Browse 6 other sections in this Part — procedural / definitional / commencement

Part 3 — Protection of property from disproportionate enforcement action

s.050

Publication of code

Other duties (1) — Crown / regulator
  • Secretary of State must publish the code of practice Crown / Minister / Government department
s.051

Effect of code

  • Relevant persons must follow the powers of entry code of practice Responsible Person
Browse 12 other sections in this Part — procedural / definitional / commencement

Part 5 — Safeguarding vulnerable groups, criminal records etc.

s.083

Up-dating certificates

Other duties (1) — Crown / regulator
  • Secretary of State must provide updated criminal record info on request Crown / 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
Browse 34 other sections in this Part — procedural / definitional / commencement

Schedules

s.sch001

For section 18 (material not subject to existing statutory restrictions)...

Other duties (1) — Crown / regulator
  • Law enforcement must destroy national security biometric data unless lawfully retained Crown / Minister / Government department
s.sch003

(1) The Welsh Ministers— (a) must keep the devolved powers...

Other duties (1) — Crown / regulator
  • Welsh Ministers must keep the devolved powers of entry code under review and update it Crown / Minister / Government department
s.sch004

(1) This paragraph applies in the case of parking charges...

  • Vehicle-hire firms must transfer liability to the hirer within 28 days Any Person
s.sch004

(1) If— (a) the creditor is by virtue of paragraph...

  • Give a valid notice to hirer before recovering unpaid parking charges Trader
s.sch004

(1) A notice which is to be relied on as...

  • Issue a valid notice to keeper for unpaid parking charges Trader
s.sch004

(1) A notice which is to be relied on as...

  • Issue compliant notice to keeper for unpaid parking charges Trader
s.sch007

(1) For Articles 32 to 34 of the Safeguarding Vulnerable...

Other duties (1) — Crown / regulator
  • Secretary of State must provide vetting information and maintain a register of barred individuals Crown / Minister / Government department
s.sch008

(1) DBS must keep its accounts in such form as...

Other duties (1) — Crown / regulator
  • DBS must keep accounts and send them to Secretary of State annually Crown / Minister / Government department
s.sch008

(1) The Secretary of State may give directions in writing...

Other duties (1) — Crown / regulator
  • DBS must comply with government directions on non-core functions Statutory regulator
s.sch008

(1) The Secretary of State (instead of DBS) may—

Other duties (1) — Crown / regulator
  • Appoint first chief executive of DBS and set terms of service Crown / Minister / Government department
s.sch008

(1) DBS must appoint a person to be chief executive....

Other duties (1) — Crown / regulator
  • DBS must appoint and may staff a chief executive Statutory regulator
Browse 230 other Schedules — structural / supplementary
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...

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(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...

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(1) Omit section 2(1) of the Milk (Cessation of Production)...

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(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—

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(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....

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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)—

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(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)...

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(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...

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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...

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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).

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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...

Other sections — not classified into a Part

These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.

Browse 1 other section
s.para.178

After Schedule 6A to the Terrorism Act 2000 insert— SCHEDULE...

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

DBS

Primary

Disclosure and Barring Service

Provides criminal record checks (Basic, Standard, and Enhanced) for employers and organisations. Maintains the children's and adults' barred lists. Employers in regulated …

SIA

Security Industry Authority

Regulates the private security industry in the UK. Issues licences for security guards, door supervisors, CCTV operators, close protection operatives, and other …

1 statutory instrument

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

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Browse legislation

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Regulators

Learn more about the bodies that enforce this legislation.