Statutory Instruments
Police, England And Wales
Made
18th July 2013
The Secretary of State makes the following Order in exercise of the powers conferred by section 120(1) of the Protection of Freedoms Act 2012(1).
1.-(1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013.
(2) In this Order "the Act" means the Protection of Freedoms Act 2012.
2. The day appointed for the coming into force of the following provisions of the Act is 31st October 2013:
(a)sections 1 to 12;
(b)section 13 insofar as it inserts section 63Q(2) into the Police and Criminal Evidence Act 1984(2);
(c)section 14 (destruction of samples) except for the purpose of the application of section 63R of the Police and Criminal Evidence Act 1984 to samples which are, or may become, disclosable under-
(i)the Criminal Procedure and Investigations Act 1996(3), or
(ii)a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act;
(d)sections 15 to 19;
(e)section 20 insofar as it is not already in force;
(f)section 21;
(g)sections 23 to 25;
(h)paragraph 1(1) to (3) of Schedule 1 (amendment of regimes other than PACE);
(i)paragraph 1(4) of Schedule 1 except-
(i)for the purpose of the insertion of paragraph 20F(1) into Schedule 8 to the Terrorism Act 2000(4) (destruction of copies of fingerprints);
(ii)for the purpose of the application of paragraph 20G of Schedule 8 to the Terrorism Act 2000 to samples which are, or may become, disclosable under-
(aa)the Criminal Procedure and Investigations Act 1996, or
(bb)a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act;
(j)paragraph 1(5) to (8) of Schedule 1;
(k)paragraphs 2 to 6 of Schedule 1.
3. The day appointed for the coming into force of the following provisions of the Act is 31st January 2014:
(a)section 13 (destruction of copies) to the extent not previously commenced;
(b)paragraph 1(4) of Schedule 1 for the purpose of the insertion of paragraph 20F(1) into Schedule 8 to the Terrorism Act 2000 (destruction of copies of fingerprints).
Taylor of Holbeach
Parliamentary Under-Secretary of State
Home Office
18th July 2013
(This note is not part of the Order)
This Order commences provisions in the Protection of Freedoms Act 2012 ("the Act") which relate to the destruction, retention and use of material including fingerprints, DNA samples and DNA profiles.
Article 2 provides for the commencement of most provisions of Chapter 1 of Part 1 of the Act on 31st October 2013.
Article 2(c) has the effect that section 14 of the Act, which inserts section 63R into the Police and Criminal Evidence Act 1984, is commenced except for the purpose of samples which are, or may become, disclosable under the Criminal Procedure and Investigations Act 1996 or its attendant Code of Practice. Legislation is currently before Parliament which, if enacted, will exclude such samples from the ambit of section 63R.
Article 2(i) has equivalent effect to article 2(c) in respect of samples taken under the Terrorism Act 2000.
Article 3(a) provides for the commencement of section 13 of the Act (insofar as it provides for the destruction of copies of fingerprints) on 31st January 2014. Article 3(b) has equivalent effect in relation to material taken under the Terrorism Act 2000.
(This note is not part of the Order)
The following provisions of the Protection of Freedoms Act 2012 have been brought into force by commencement order made before the date of this Order.
Provision | Date of Commencement | S.I. No. |
---|---|---|
section 20 partially | 1st October 2012 | 2012/2234 |
section 22 | 1st October 2012 | 2012/2234 |
section 29 | 1st July 2012 | 2012/1205 |
section 30 | 1st July 2012 | 2012/1205 |
section 31 | 1st July 2012 | 2012/1205 |
section 32 | 1st July 2012 | 2012/1205 |
section 33 | 1st July 2012 | 2012/1205 |
section 34 | 1st July 2012 | 2012/1205 |
section 35 | 1st July 2012 | 2012/1205 |
section 36 | 1st July 2012 | 2012/1205 |
section 37 | 1st November 2012 | 2012/2075 |
section 38 | 1st November 2012 | 2012/2075 |
section 39(1) | 1st July 2012 | 2012/1205 |
section 40 in relation to England | 1st July 2012 | 2012/1205 |
section 41 in relation to England | 1st July 2012 | 2012/1205 |
section 42 | 1st July 2012 | 2012/1205 |
section 43 in relation to England | 1st July 2012 | 2012/1205 |
section 44 in relation to England | 1st July 2012 | 2012/1205 |
section 45 in relation to England | 1st July 2012 | 2012/1205 |
section 46 in relation to England | 1st July 2012 | 2012/1205 |
section 47 | 1st July 2012 | 2012/1205 |
section 48 | 1st July 2012 | 2012/1205 |
section 49 | 1st July 2012 | 2012/1205 |
section 50 | 1st July 2012 | 2012/1205 |
section 51 | 1st July 2012 | 2012/1205 |
section 52 | 1st July 2012 | 2012/1205 |
section 54 | 1st October 2012 | 2012/2075 |
section 55 | 1st October 2012 | 2012/2075 |
section 56 | 1st October 2012 | 2012/2075 |
section 57 | 10th July 2012 | 2012/1205 |
section 58 | 10th July 2012 | 2012/1205 |
section 59 | 10th July 2012 | 2012/1205 |
section 60 | 10th July 2012 | 2012/1205 |
section 61 | 10th July 2012 | 2012/1205 |
section 62 | 9th May 2012 | 2012/1205 |
section 63 | 10th July 2012 | 2012/1205 |
section 64 | 10th September 2012 | 2012/2234 |
section 65 | 10th September 2012 | 2012/2234 |
section 66 | 10th September 2012 | 2012/2234 |
section 67 | 10th September 2012 | 2012/2234 |
section 68 | 10th September 2012 | 2012/2234 |
section 69 | 10th September 2012 | 2012/2234 |
section 70 | 10th September 2012 | 2012/2234 |
section 71 | 10th September 2012 | 2012/2234 |
section 72 partially | 10th September 2012 | 2012/2234 |
section 75 partially | 10th September 2012 | 2012/2234 |
section 76 partially | 10th September 2012 | 2012/2234 |
section 77 | 10th September 2012 | 2012/2234 |
section 78 partially | 10th August 2012 | 2012/2075 |
section 78 partially | 10th September 2012 | 2012/2234 |
section 79 partially | 10th September 2012 | 2012/2234 |
section 79 so far as not already in force | 17th June 2013 | 2013/1180 |
section 80 | 10th September 2012 | 2012/2234 |
section 81 | 10th September 2012 | 2012/2234 |
section 82 | 10th September 2012 | 2012/2234 |
section 83 | 17th June 2013 | 2013/1180 |
section 84 | 10th September 2012 | 2012/2234 |
section 85 | 1st July 2012 | 2012/1205 |
section 86 | 10th September 2012 | 2012/2234 |
section 87 partially | 15th October 2012 | 2012/2521 |
section 87 so far as not already in force | 1st December 2012 | 2012/2521 |
section 92 | 1st October 2012 | 2012/2234 |
section 93 | 1st October 2012 | 2012/2234 |
section 94 | 1st October 2012 | 2012/2234 |
section 95 | 1st October 2012 | 2012/2234 |
section 96 | 1st October 2012 | 2012/2234 |
section 97 | 1st October 2012 | 2012/2234 |
section 98 | 1st October 2012 | 2012/2234 |
section 99 | 1st October 2012 | 2012/2234 |
section 100 | 1st October 2012 | 2012/2234 |
section 101 | 1st October 2012 | 2012/2234 |
section 104 | 1st July 2012 | 2012/1205 |
section 109 | 6th April 2013 | 2013/470 |
section 110 | 6th April 2013 | 2013/470 |
section 111 | 25th November 2012 | 2012/2075 |
section 112 | 25th November 2012 | 2012/2075 |
section 114 | 1st October 2012 | 2012/2234 |
section 115(1) partially | 1st July 2012 | 2012/1205 |
section 115(1) partially | 10th July 2012 | 2012/1205 |
section 115(1) partially | 10th September 2012 | 2012/2234 |
section 115(1) partially | 1st October 2012 | 2012/2075 |
section 115(1) partially | 1st October 2012 | 2012/2234 |
section 115(1) partially | 15th October 2012 | 2012/2521 |
section 115(1) partially | 1st November 2012 | 2010/2075 |
section 115(1) partially | 25th November 2012 | 2012/2075 |
section 115(1) partially | 6th April 2013 | 2013/470 |
section 115(1) partially | 17th June 2013 | 2013/1180 |
section 115(2) partially | 1st July 2012 | 2012/1205 |
section 115(2) partially | 10th July 2012 | 2012/1205 |
section 115(2) partially | 10th September 2012 | 2012/2234 |
section 115(2) partially | 1st October 2012 | 2012/2075 |
section 115(2) partially | 6th April 2013 | 2013/470 |
section 115(2) partially | 17th June 2013 | 2013/1180 |
Schedule 4 | 1st October 2012 | 2012/2075 |
Schedule 5 | 10th July 2012 | 2012/1205 |
Schedule 6 | 10th July 2012 | 2012/1205 |
Schedule 7 partially | 10th August 2012 | 2012/2075 |
Schedule 7 partially | 10th September 2012 | 2012/2234 |
Schedule 8 partially | 15th October 2012 | 2012/2521 |
Schedule 8 so far as not already in force | 1st December 2012 | 2012/2521 |
Schedule 9 partially | 1st July 2012 | 2012/1205 |
Schedule 9 partially | 10th July 2012 | 2012/1205 |
Schedule 9 partially | 10th September 2012 | 2012/2234 |
Schedule 9 partially | 1st October 2012 | 2012/2075 |
Schedule 9 partially | 1st October 2012 | 2012/2234 |
Schedule 9 partially | 15th October 2012 | 2012/2521 |
Schedule 9 partially | 1st November 2012 | 2012/2075 |
Schedule 9 partially | 25th November 2012 | 2012/2075 |
Schedule 9 partially | 6th April 2013 | 2013/470 |
Schedule 9 partially | 17th June 2013 | 2013/1180 |
Schedule 10 partially | 1st July 2012 | 2012/1205 |
Schedule 10 partially | 10th July 2012 | 2012/1205 |
Schedule 10 partially | 10th September 2012 | 2012/2234 |
Schedule 10 partially | 1st October 2012 | 2012/2075 |
Schedule 10 partially | 6th April 2013 | 2013/470 |
Schedule 10 partially | 17th June 2013 | 2013/1180 |