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Protection of Freedoms Act 2012

Status:

This is the original version (as it was originally enacted).

Section 115(2)

SCHEDULE 10Repeals and revocations

This schedule has no associated Explanatory Notes

Part 1Destruction, retention and use of fingerprints etc.

Short titleExtent of repeal
Police and Criminal Evidence Act 1984Section 64.
Criminal Justice Act 1988Section 148.
Criminal Justice and Public Order Act 1994Section 57.
Police Act 1996In Part 2 of Schedule 7, paragraph 37.
Terrorism Act 2000

In Schedule 8—

(a)

paragraph 14,

(b)

in paragraph 20, in sub-paragraph (3), the words from “but” to the end of the sub-paragraph, and

(c)

paragraph 20(4)

Criminal Justice and Police Act 2001Section 82.
Section 84.
Serious Organised Crime and Police Act 2005Section 117(6) to (10).
Section 118(4).
Counter-Terrorism Act 2008Section 14(4) to (6).
Section 16.
Section 17.
Crime and Security Act 2010Section 14.
Sections 16 to 19.
Sections 21 to 23.
Section 58(4) and (6) to (8).

Part 2Powers of entry

Short title Extent of repeal or revocation
(1)

The repeals and revocations in the following provisions extend to England and Wales only—

(a)

the Hypnotism Act 1952,

(b)

the Dairy Herd Conversion Premium Regulations 1973,

(c)

the Public Health (Control of Disease) Act 1984,

(d)

the Milk (Cessation of Production) Act 1985,

(e)

the Landlord and Tenant Act 1985,

(f)

the Cereals Co-responsibility Levy Regulations 1988,

(g)

the Oilseeds Producers (Support System) Regulations 1992, and

(h)

the Health and Social Care Act 2008.

(2)

The revocations in the Cross-border Railway Services (Working Time) Regulations 2008 extend to England and Wales and Scotland only.

(3)

The repeals and revocations in the following provisions extend to England and Wales, Scotland and Northern Ireland—

(a)

the Distribution of German Enemy Property (No 1) Order 1950,

(b)

the Merchant Shipping Act 1995,

(c)

the Gas Appliances (Safety) Regulations 1995,

(d)

the Older Cattle (Disposal) (England) Regulations 2005,

(e)

the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006, and

(f)

the Payment Services Regulations 2009.

(4)

The repeal of section 258(4) of the Merchant Shipping Act 1995 is subject to paragraph 2(2) of Schedule 2 to this Act.

Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642)Article 22.
Hypnotism Act 1952Section 4.
Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642)In regulation 2(1), the definition of “authorised officer”.
Regulation 5.
Regulation 7(b) and the word “or” before it.
Public Health (Control of Disease) Act 1984Section 50.
Milk (Cessation of Production) Act 1985Section 2(1).
Section 3(1)(b) and the word “or” before it.
Landlord and Tenant Act 1985Section 8(2).
Cereals Co-responsibility Levy Regulations 1988 (S.I. 1988/1001)Regulation 8.
In regulation 9, the words “or 8”.
Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695)In regulation 2(1), the definitions of “authorised officer”, “oilseeds” and “specified control measure”.
Regulations 5, 6, 9 and 10.
Merchant Shipping Act 1995Section 258(4).
Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629)Regulation 24(6).
Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522)Regulation 5.
Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (S.I. 2006/2821)Regulation 6.
Health and Social Care Act 2008In Schedule 11, paragraph 9.
Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660)In Schedule 2, paragraph 2(2)(a), (b) and (c).
Payment Services Regulations 2009 (S.I. 2009/209)Regulation 83.

Part 3Vehicles left on land

Short title Extent of repeal or revocation
Airports Act 1986In section 66(3), paragraph (b) (but not the word “or” at the end of the paragraph).
Private Security Industry Act 2001In section 3(2), paragraph (j) and the word “or” before the paragraph.

In section 4A(2)—

(a)

paragraph (a),

(b)

paragraph (b) and the word “or” at the end of the paragraph, and

(c)

in paragraph (c), the word “other”.

Section 6.
Section 22A.
In section 24(4), the words from “(except” to “or 22A)”.
In section 25(1), the definition of “motor vehicle”.
In Schedule 2, paragraphs 3, 3A, 9 and 9A (and the italic cross-headings before them).
Serious Organised Crime and Police Act 2005In Schedule 15, paragraph 14(a).
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224)The whole instrument.
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831)Articles 3 and 4.
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201)Articles 3 and 4.
Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043)Articles 3 and 4.
Crime and Security Act 2010Section 42(3).
Section 44.
In Schedule 1, paragraphs 3(5) and 7.

Part 4Counter-terrorism powers

Short titleExtent of repeal or revocation
Terrorism Act 2000Section 43(3).
Sections 44 to 47 (including the italic cross-heading before section 44).

In Schedule 8—

(a)

paragraph 36(1B),

(b)

in paragraph 36(3AA), the words “or senior judge” in both places where they appear,

(c)

in paragraph 36(4), the words from “but” onwards,

(d)

in paragraph 36(5), the words “or senior judge”,

(e)

paragraph 36(7), and

(f)

in paragraph 37(2), the words “or senior judge”.

Anti-terrorism, Crime and Security Act 2001In Schedule 7, paragraph 31.
Railways and Transport Safety Act 2003In Schedule 5, in paragraph 4(2)(k), the word “44,”.
Energy Act 2004Section 57.
The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573)In article 12(6), sub-paragraph (c) (but not the word “and” at the end of the sub-paragraph).
Terrorism Act 2006Section 23(8) to (10).
Section 25.
Section 30.
Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)The whole instrument.

Part 5Safeguarding of vulnerable groups

Short titleExtent of repeal or revocation
Police Act 1997Section 113A(10).
Section 113B(13).
Section 113BA(2)(b) to (d).
Section 113BB(2)(b) to (d).

In section 119—

(a)

in subsection (2), the words “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”, and

(b)

subsection (8)(c).

Section 119B(5)(d) and (e).

In section 120A—

(a)

subsection (3A)(b) and (c),

(b)

subsections (3B) and (3C), and

(c)

in subsection (3D), the words from “, except” to the end of the subsection.

Safeguarding Vulnerable Groups Act 2006Section 4(1)(a).

In section 5(4)—

(a)

the words “section 10(3);”, and

(b)

the words “paragraph 4 of Schedule 6”.

Section 6(8)(c).
Section 7(5)(b) and (c).
Section 8.
Section 9(5)(b) and (c).
Sections 10 to 17.

In section 18(1) and (2)—

(a)

the words “, 10, 11, 23, 27”, and

(b)

the words “or Schedule 6”.

In section 19—

(a)

subsections (1), (3), (4), (6) and (7),

(b)

subsection (8)(b) and (c), and

(c)

subsection (9).

Section 20(2) to (7).
Sections 21 to 27.

In section 35—

(a)

subsection (1)(b), and

(b)

subsection (6).

In section 36—

(a)

in subsection (1), the words “or controlled activity”, and

(b)

in subsection (3)(a), the words “or controlled”.

In section 37—

(a)

subsection (2)(b),

(b)

in subsection (2)(d), the words “or controlled”,

(c)

in subsections (4) and (5), the words “or controlled”.

In section 39—

(a)

in subsections (1) and (5), the word “prescribed”, and

(b)

in subsection (4)(a), the words “or controlled activity”.

In section 41—

(a)

in subsections (1) and (5), the word “prescribed”, and

(b)

in subsection (4)(a), the words “or controlled activity”.

In section 43(6)(a), the words “of entry 1 or 8”.
Section 44.

In section 45—

(a)

in subsections (1) and (5), the word “prescribed”,

(b)

in subsection (4)(a), the words “or controlled activity”, and

(c)

subsection (6).

In section 47—

(a)

subsection (2)(b) to (e),

(b)

subsection (3)(b) to (e), and

(c)

subsection (5).

In section 48(1)—

(a)

in paragraph (a), the word “newly”, and

(b)

paragraph (c) and the word “or” before it.

In section 49(1)—

(a)

in paragraph (a), the word “newly”, and

(b)

paragraph (c) and the word “or” before it.

Section 51(5)(b).

In section 54—

(a)

subsection (2)(a),

(b)

in subsection (3), paragraph (b) (but not the word “or” at the end of it),

(c)

in subsection (4), paragraph (b) (but not the word “or” at the end of it), and

(d)

subsection (5).

In section 56—

(a)

subsection (1),

(b)

subsection (2)(c),

(c)

in subsection (2)(d) and (e), the words “or (8)”, and

(d)

subsection (3)(b) to (f), (j), (n), (s) and (t).

In section 57(1)(c), the word “prescribed”.
Section 59.

In section 60—

(a)

in subsection (1), in paragraph (b) of the definition of “personnel supplier”, the words “or controlled”, and

(b)

subsection (3).

In section 61(3)—

(a)

paragraphs (b) to (e), and

(b)

paragraph (j) and the word “or” before it.

In Schedule 3—

(a)

paragraph 19(1)(d),

(b)

in paragraph 19(6) the words from “which” to “it is” and the words “or paragraph 20(2)”, and

(c)

paragraph 24(8) and (9).

In Schedule 4—

(a)

paragraph 1(8),

(b)

paragraph 1(9B)(a),

(c)

in paragraph 1(9B)(f), the words “18B or”,

(d)

in paragraph 1(9B)(m), the words “48 or”,

(e)

paragraph 1(9B)(p) to (t),

(f)

paragraph 1(10)(a), (ba), (d) and (e),

(g)

paragraph 1(12A),

(h)

paragraph 1(13A),

(i)

paragraph 2(1)(d) and (2)(d),

(j)

paragraph 3(1)(c),

(k)

paragraph 4 (including the italic cross-heading before it),

(l)

paragraph 7(4),

(m)

in paragraph 7(5), the words “or (4)”,

(n)

in paragraph 7(7)(f), the words “English local authority social services or”,

(o)

paragraph 7(8A),

(p)

paragraph 8, and

(q)

in paragraph 10(2), the words “or 7(1)(a), (b), (c), (d) or (g)” and, in paragraph (b), the words “or vulnerable adults (as the case may be)”.

Schedules 5 and 6.

In Schedule 7—

(a)

in paragraph 1, entries 3, 4, 7, 8, 17 and 19 in the table,

(b)

in paragraph 3(1), paragraph (b) and the word “or” before it, and

(c)

paragraph 3(3).

In Schedule 8, paragraph 5 (including the italic cross-heading before it).
In Schedule 9, paragraph 14(7)(c).
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11))

In Article 2—

(a)

in the first paragraph (2), the definition of “institution of further education” and, in sub-paragraph (b) of the definition of “personnel supplier”, the words “or controlled”, and

(b)

paragraph (3).

Article 3.
Article 8(1)(a).
Article 9(4)(c) and (e).
Article 10(8)(a) and (c).
Article 11(5)(b) and (c).
Article 12.
Article 13(5)(b) and (c).
Articles 14 to 21.

In Article 22(1) and (2)—

(a)

the words “, 14, 15, 27, 31” and

(b)

the words “or Schedule 4”.

Article 23—

(a)

paragraphs (1), (3), (4), (6) and (7),

(b)

paragraph (8)(b) and (c), and

(c)

paragraph (9).

Article 24(2) to (7).
Articles 25 to 27 (and the italic cross-heading before them).
Articles 28 to 31 (and the italic cross-heading before them).

In Article 37—

(a)

paragraph (1)(b), and

(b)

paragraph (6).

In Article 38—

(a)

in paragraph (1), the words “or controlled activity”, and

(b)

in paragraph (3)(a), the words “or controlled”.

In Article 39—

(a)

paragraph (2)(b),

(b)

in paragraph (2)(d), the words “or controlled”, and

(c)

in paragraphs (4) and (5), the words “or controlled”.

In Article 41—

(a)

in paragraphs (1) and (5), the word “prescribed”, and

(b)

in paragraph (4)(a), the words “or controlled activity”.

In Article 43—

(a)

in paragraphs (1) and (5), the word “prescribed”,

(b)

in paragraph (4)(a), the words “or controlled activity”, and

(c)

paragraphs (4A) to (4C).

Article 46.

In Article 47—

(a)

in paragraphs (1) and (5), the word “prescribed”,

(b)

in paragraph (4)(a), the words “or controlled activity”, and

(c)

paragraph (6).

In Article 49—

(a)

paragraph (2)(b) to (e),

(b)

paragraph (3)(b) to (e), and

(c)

paragraph (5).

In Article 50(1)—

(a)

in sub-paragraph (a), the word “newly”, and

(b)

sub-paragraph (c) and the word “or” before it.

In Article 51(1)—

(a)

in sub-paragraph (a), the word “newly”, and

(b)

sub-paragraph (c) and the word “or” before it.

Article 53(5)(b).

In Article 56—

(a)

paragraph (2)(a),

(b)

in paragraph (3), sub-paragraph (b) (but not the word “or” at the end of it),

(c)

in paragraph (4), sub-paragraph (b) (but not the word “or” at the end of it), and

(d)

paragraph (5).

In Article 57(1)(c), the word “prescribed”.

In Schedule 1—

(a)

paragraph 19(1)(d),

(b)

in paragraph 19(6), the words from “which” to “it is” and the words “or paragraph 20(2)”, and

(c)

paragraph 24(8) and (9).

In Schedule 2—

(a)

paragraph 1(7),

(b)

paragraph 2(1)(d) and (2)(d),

(c)

paragraph 4,

(d)

paragraph 7(4),

(e)

in paragraph 7(5), the word “, (4)”,

(f)

paragraph 7(9),

(g)

paragraph 8, and

(h)

in paragraph 10(2), the words “or 7(1)(a), (b), (c), (d) or (g)” and, in paragraph (b), the words “or vulnerable adults (as the case may be)”.

Schedules 3 and 4.

In Schedule 5—

(a)

in paragraph 1, entries 3, 4, 7, 8, 17 and 19 in the table,

(b)

in paragraph 3(1), paragraph (b) and the word “or” before it, and

(c)

paragraph 3(3).

In Schedule 6, paragraph 5 (including the italic cross-heading before it).
Health and Social Care Act 2008In Schedule 5, paragraphs 92 and 93.
Education and Skills Act 2008Section 147(8).
In Schedule 1, paragraphs 41(3) and 89 (including the italic cross-heading before paragraph 89).
The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912)In Schedule 1, paragraph 21.
Health Act 2009In Schedule 1, paragraphs 14 and 15.
Apprenticeships, Skills, Children and Learning Act 2009In Schedule 12, paragraph 43.
Policing and Crime Act 2009

In section 81(3)(m)—

(a)

in sub-paragraph (i), the words “, 6, 15, 25”,

(b)

sub-paragraph (v), and

(c)

sub-paragraph (vi) (but not the word “and” at the end of it).

Sections 82 to 87.
Sections 89, 90 and 92.
In Part 8 of Schedule 8, the entry relating to the Safeguarding Vulnerable Groups Act 2006.
The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203)Articles 12 to 15.
The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182)Article 1(6)(e).
In Schedule 5, paragraph 9 (and the heading before it) and Part 3.
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610)Article 26.
Part 8.
Articles 28, 29 and 30(a).
The Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 304/2009)Articles 10, 24 and 25.
The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 305/2009)Article 7(4).
The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813)Article 19(3), (4) and (5).
Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146).Regulation 4(2).
Regulation 8.
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154)Article 3(5) and (6).
Article 5.
Article 7(4).
Articles 8 and 11.
The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158)In Schedule 2, paragraph 62 (and the heading before it).
Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 30/2010)Articles 6, 9, 11, 14, 16, 17, 18, 19, 20 and 21.
Article 22(a) and the word “and” at the end of it.
Article 24.

Part 6Criminal records

Short titleExtent of repeal
Police Act 1997Section 113A(4).

In section 113B—

(a)

in subsection (4), the words “, in the chief officer’s opinion”,

(b)

subsections (5) and (6), and

(c)

in subsection (9), the definition of “relevant police force”.

In section 119B—

(a)

subsection (5)(a), and

(b)

in subsection (5)(c), the words from “or disclosed” to the end.

In section 120(2), paragraph (c) and the word “and” before it.
Section 122(3A)(a).

In section 124—

(a)

in subsection (4)(b), the words “(5) or”, and

(b)

subsection (5).

In section 124A(1)(c), the words “or registered person”.
Safeguarding Vulnerable Groups Act 2006In Schedule 9, paragraph 14(5) and (6).
Policing and Crime Act 2009Section 93.

Part 7Freedom of information

Short title Extent of repeal
Freedom of Information Act 2000In section 6(1), at the end of paragraph (a), the word “or”.
Section 80A.
Constitutional Reform and Governance Act 2010In Schedule 7, paragraph 6.

Part 8The Information Commissioner

Short title Extent of repeal or revocation
Data Protection Act 1998In section 51(8), the words “with the consent of the Secretary of State”.

In Schedule 5—

(a)

paragraph 2(4) and (5), and

(b)

paragraph 4(5).

Freedom of Information Act 2000Section 18(5) to (7).
In section 47(4), the words “with the consent of the Secretary of State”.
The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887)In Schedule 2, in paragraph 12(1)(a), the word “, 47”.

Part 9Trafficking people for exploitation

Short titleExtent of repeal
Sexual Offences Act 2003Section 60(2).
Asylum and Immigration (Treatment of Claimants, etc) Act 2004In section 4(4)(b), the words “under the Human Organ Transplants Act 1989 (c. 31) or”.

In section 5—

(a)

subsection (1),

(b)

in subsection (11), the words “In so far as section 4 extends to England and Wales,”, and

(c)

subsections (12) and (13).

UK Borders Act 2007Section 31.

Part 10Repeal of provisions for conducting certain fraud cases without jury

Short title Extent of repeal
Criminal Justice Act 1987In section 9(11), the words “43 or” (so far as inserted into that section).
Criminal Procedure and Investigations Act 1996In section 35(1), the words “43 or” (so far as inserted into that section).
Criminal Justice Act 2003Section 43.

In section 45—

(a)

in subsection (1), paragraph (a) and the word “and” at the end of the paragraph, and

(b)

in subsections (5) and (9), the words “43 or”.

In section 46(7), the words “43 or”.
In section 48(1), the word “43,”.
Section 330(5)(b).

Part 11Removal of restrictions on times for marriage or civil partnership

Short titleExtent of repeal
Marriage Act 1949Section 4.
Section 75(1)(a).
Civil Partnership Act 2004In section 17(2), the words “between 8 o’clock in the morning and 6 o’clock in the evening”.
Section 31(2)(ab).

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