Protection of Freedoms Bill (HL Bill 99)

Protection of Freedoms BillPage 40

CHAPTER 2 Vehicles left on land

Offence of immobilising etc. vehicles

54 Offence of immobilising etc. vehicles

(1) A person commits an offence who, without lawful authority—

(a) 5immobilises a motor vehicle by the attachment to the vehicle, or a part
of it, of an immobilising device, or

(b) moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise
entitled to remove it.

(2) 10The express or implied consent (whether or not legally binding) of a person
otherwise entitled to remove the vehicle to the immobilisation, movement or
restriction concerned is not lawful authority for the purposes of subsection (1).

(3) But, where the restriction of the movement of the vehicle is by means of a fixed
barrier and the barrier was present (whether or not lowered into place or
15otherwise restricting movement) when the vehicle was parked, any express or
implied consent (whether or not legally binding) of the driver of the vehicle to
the restriction is, for the purposes of subsection (1), lawful authority for the
restriction.

(4) A person who is entitled to remove a vehicle cannot commit an offence under
20this section in relation to that vehicle.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to a fine,

(b) on summary conviction, to a fine not exceeding the statutory
maximum.

(6) 25In this section “motor vehicle” means a mechanically propelled vehicle or a
vehicle designed or adapted for towing by a mechanically propelled vehicle.

Alternative remedies in relation to vehicles left on land

55 Extension of powers to remove vehicles from land

(1) Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles
30illegally, obstructively or dangerously parked, or abandoned or broken down)
is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “road” insert “or other land”,

(b) in paragraph (b)—

(i) 35 after “road”, where it appears for the first time, insert “or other
land”, and

(ii) after “road”, where it appears for the second time, insert “or
land concerned”,

(c) in paragraph (c) for “, or on any land in the open air,” substitute “or
40other land”, and

Protection of Freedoms BillPage 41

(d) at the end insert “or other land”.

(3) In subsection (2)—

(a) in paragraph (a), after “road”, where it appears for the third time, insert
“or on land other than a road”, and

(b) 5after paragraph (a), insert—

(aa) may provide, in the case of a vehicle which may be
removed from land other than a road, for the moving of
the vehicle from one position on such land to another
position on such land or on any road;.

56 10Recovery of unpaid parking charges

Schedule 4 (which makes provision for the recovery of unpaid parking charges
from the keeper or hirer of a vehicle in certain circumstances) has effect.

Part 4 Counter-terrorism powers

15Pre-charge detention of terrorist suspects

57 Maximum detention period of 14 days

(1) In paragraph 36(3)(b)(ii) of Schedule 8 to the Terrorism Act 2000 (maximum
period of pre-charge detention for terrorist suspects) for “28 days” substitute
“14 days”.

(2) 20Omit section 25 of the Terrorism Act 2006 (which provides for the 28 day limit
in paragraph 36(3)(b)(ii) of Schedule 8 to the Act of 2000 to be 14 days subject
to a power to raise it to 28 days).

58 Emergency power for temporary extension and review of extensions

(1) After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of
25terrorist suspects) insert—

Part 4 Emergency power when parliament dissolved etc. for temporary
extension of maximum period for detention under section 41

(1) The Secretary of State may make a temporary extension order if—

(a) 30either—

(i) Parliament is dissolved, or

(ii) Parliament has met after a dissolution but the first
Queen’s Speech of the Parliament has not yet taken
place, and

(b) 35the Secretary of State considers that it is necessary by reason
of urgency to make such an order.

(2) A temporary extension order is an order which provides, in relation
to the period of three months beginning with the coming into force
of the order, for paragraphs 36 and 37 to be read as if—

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(a) in paragraph 36(3)(b)(ii) for “14 days” there were substituted
“28 days”, and

(b) the other modifications in sub-paragraphs (3) and (4) were
made.

(3) 5The other modifications of paragraph 36 are—

(a) the insertion at the beginning of sub-paragraph (1) of “Subject
to sub-paragraphs (1ZA) to (1ZI),”,

(b) the insertion, after sub-paragraph (1), of—

(1ZA) Sub-paragraph (1ZB) applies in relation to any proposed
10application under sub-paragraph (1) for the further
extension of the period specified in a warrant of further
detention where the grant (otherwise than in accordance
with sub-paragraph (3AA)(b)) of the application would
extend the specified period to a time that is more than 14
15days after the relevant time.

(1ZB) No person may make such an application—

(a) in England and Wales, without the consent of the
Director of Public Prosecutions,

(b) in Scotland, without the consent of the Lord
20Advocate, and

(c) in Northern Ireland, without the consent of the
Director of Public Prosecutions for Northern
Ireland,

unless the person making the application is the person
25whose consent is required.

(1ZC) The Director of Public Prosecutions must exercise
personally any function under sub-paragraph (1ZB) of
giving consent.

(1ZD) The only exception is if—

(a) 30the Director is unavailable, and

(b) there is another person who is designated in
writing by the Director acting personally as the
person who is authorised to exercise any such
function when the Director is unavailable.

(1ZE) 35In that case—

(a) the other person may exercise the function but
must do so personally, and

(b) the Director acting personally—

(i) must review the exercise of the function as
40soon as practicable, and

(ii) may revoke any consent given.

(1ZF) Where the consent is so revoked after an application has
been made or extension granted, the application is to be
dismissed or (as the case may be) the extension is to be
45revoked.

(1ZG) Sub-paragraphs (1ZC) to (1ZF) apply instead of any other
provisions which would otherwise have enabled any
function of the Director of Public Prosecutions under sub-

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paragraph (1ZB) of giving consent to be exercised by a
person other than the Director.

(1ZH) The Director of Public Prosecutions for Northern Ireland
must exercise personally any function under sub-
5paragraph (1ZB) of giving consent unless the function is
exercised personally by the Deputy Director of Public
Prosecutions for Northern Ireland by virtue of section
30(4) or (7) of the Justice (Northern Ireland) Act 2002
(powers of Deputy Director to exercise functions of
10Director).

(1ZI) Sub-paragraph (1ZH) applies instead of section 36 of the
Act of 2002 (delegation of the functions of the Director of
Public Prosecutions for Northern Ireland to persons other
than the Deputy Director) in relation to the functions of the
15Director of Public Prosecutions for Northern Ireland and
the Deputy Director of Public Prosecutions for Northern
Ireland under, or (as the case may be) by virtue of, sub-
paragraph (1ZB) above of giving consent.,

(c) the substitution, for “a judicial authority” in sub-paragraph
20(1A), of “—

(a) in the case of an application falling within sub-
paragraph (1B), a judicial authority; and

(b) in any other case, a senior judge,

(d) the insertion, after sub-paragraph (1A), of—

(1B) 25An application for the extension or further extension of a
period falls within this sub-paragraph if—

(a) the grant of the application otherwise than in
accordance with sub-paragraph (3AA)(b) would
extend that period to a time that is no more than 14
30days after the relevant time; and

(b) no application has previously been made to a
senior judge in respect of that period.,

(e) the insertion, after “judicial authority” in both places in sub-
paragraph (3AA) where it appears, of “or senior judge”,

(f) 35the insertion, after “detention” in sub-paragraph (4), of “but,
in relation to an application made by virtue of sub-paragraph
(1A)(b) to a senior judge, as if—

(a) references to a judicial authority were references to
a senior judge; and

(b) 40references to the judicial authority in question were
references to the senior judge in question,

(g) the insertion, after “judicial authority” in sub-paragraph (5),
of “or senior judge”, and

(h) the insertion, after sub-paragraph (6), of—

(7) 45In this paragraph and paragraph 37 “senior judge” means
a judge of the High Court or of the High Court of
Justiciary.

(4) The modification of paragraph 37 is the insertion, in sub-paragraph
(2), after “judicial authority”, of “or senior judge”.

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(5) A temporary extension order applies, except so far as it provides
otherwise, to any person who is being detained under section 41
when the order comes into force (as well as any person who is
subsequently detained under that section).

(6) 5The Secretary of State may by order revoke a temporary extension
order if the Secretary of State considers it appropriate to do so
(whether or not the conditions mentioned in paragraphs (a) and (b)
of sub-paragraph (1) are met).

(7) Sub-paragraph (8) applies if—

(a) 10any of the following events occurs—

(i) the revocation without replacement of a temporary
extension order,

(ii) the expiry of the period of three months mentioned in
sub-paragraph (2) in relation to such an order,

(iii) 15the ceasing to have effect of such an order by virtue of
section 123(6A) and (6B), and

(b) at that time—

(i) a person is being detained by virtue of a further
extension under paragraph 36,

(ii) 20the person’s further detention was authorised by
virtue of the temporary extension order concerned
(before its revocation, expiry or ceasing to have effect)
for a period ending more than 14 days after the
relevant time (within the meaning given by
25paragraph 36(3B)),

(iii) that 14 days has expired, and

(iv) the person’s detention is not otherwise authorised by
law.

(8) The person with custody of that individual must release the
30individual immediately.

(9) Subject to sub-paragraphs (7) and (8), the fact that—

(a) a temporary extension order is revoked,

(b) the period of three months mentioned in sub-paragraph (2)
has expired in relation to such an order, or

(c) 35such an order ceases to have effect by virtue of section
123(6A) and (6B),

is without prejudice to anything previously done by virtue of the
order or to the making of a new order.

(2) After section 123(6) of that Act (orders and regulations under the Act) insert—

(6A) 40An order under paragraph 38 of Schedule 8 is to cease to have effect at
the end of the period of 20 days beginning with the day on which the
Secretary of State makes the order, unless a resolution approving the
order is passed by each House of Parliament during that period.

(6B) For the purposes of subsection (6A) the period of 20 days is to be
45computed in accordance with section 7(1) of the Statutory Instruments
Act 1946.

(3) After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation)

Protection of Freedoms BillPage 45

insert—

(4A) The person appointed under subsection (1) must ensure that a review
is carried out (whether by that person or another person) into any case
where the period specified in a warrant of further detention issued
5under Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of
detention of terrorist suspects) is further extended by virtue of
paragraph 36 of that Schedule to a time that is more than 14 days after
the relevant time (within the meaning of that paragraph).

(4B) The person appointed under subsection (1) must ensure that a report on
10the outcome of the review is sent to the Secretary of State as soon as
reasonably practicable after the completion of the review.

Stop and search powers: general

59 Repeal of existing stop and search powers

Omit sections 44 to 47 of the Terrorism Act 2000 (power to stop and search).

60 15Replacement powers to stop and search persons and vehicles

(1) Omit section 43(3) of the Terrorism Act 2000 (requirement for searches of
persons to be carried out by someone of the same sex).

(2) After section 43(4) of that Act insert—

(4A) Subsection (4B) applies if a constable, in exercising the power under
20subsection (1) to stop a person whom the constable reasonably suspects
to be a terrorist, stops a vehicle (see section 116(2)).

(4B) The constable—

(a) may search the vehicle and anything in or on it to discover
whether there is anything which may constitute evidence that
25the person concerned is a terrorist, and

(b) may seize and retain anything which the constable—

(i) discovers in the course of such a search, and

(ii) reasonably suspects may constitute evidence that the
person is a terrorist.

(4C) 30Nothing in subsection (4B) confers a power to search any person but the
power to search in that subsection is in addition to the power in
subsection (1) to search a person whom the constable reasonably
suspects to be a terrorist.

(3) After section 43 of that Act insert—

43A 35Search of vehicles

(1) Subsection (2) applies if a constable reasonably suspects that a vehicle
is being used for the purposes of terrorism.

(2) The constable may stop and search—

(a) the vehicle;

(b) 40the driver of the vehicle;

(c) a passenger in the vehicle;

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(d) anything in or on the vehicle or carried by the driver or a
passenger;

to discover whether there is anything which may constitute evidence
that the vehicle is being used for the purposes of terrorism.

(3) 5A constable may seize and retain anything which the constable—

(a) discovers in the course of a search under this section, and

(b) reasonably suspects may constitute evidence that the vehicle is
being used for the purposes of terrorism.

(4) A person who has the powers of a constable in one Part of the United
10Kingdom may exercise a power under this section in any Part of the
United Kingdom.

(5) In this section “driver”, in relation to an aircraft, hovercraft or vessel,
means the captain, pilot or other person with control of the aircraft,
hovercraft or vessel or any member of its crew and, in relation to a train,
15includes any member of its crew.

61 Replacement powers to stop and search in specified locations

(1) Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before
it) insert—

Powers to stop and search in specified locations
47A 20Searches in specified areas or places

(1) A senior police officer may give an authorisation under subsection (2)
or (3) in relation to a specified area or place if the officer—

(a) reasonably suspects that an act of terrorism will take place; and

(b) considers that—

(i) 25the authorisation is necessary to prevent such an act;

(ii) the specified area or place is no greater than is necessary
to prevent such an act; and

(iii) the duration of the authorisation is no longer than is
necessary to prevent such an act.

(2) 30An authorisation under this subsection authorises any constable in
uniform to stop a vehicle in the specified area or place and to search—

(a) the vehicle;

(b) the driver of the vehicle;

(c) a passenger in the vehicle;

(d) 35anything in or on the vehicle or carried by the driver or a
passenger.

(3) An authorisation under this subsection authorises any constable in
uniform to stop a pedestrian in the specified area or place and to
search—

(a) 40the pedestrian;

(b) anything carried by the pedestrian.

(4) A constable in uniform may exercise the power conferred by an
authorisation under subsection (2) or (3) only for the purpose of
discovering whether there is anything which may constitute evidence

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that the vehicle concerned is being used for the purposes of terrorism
or (as the case may be) that the person concerned is a person falling
within section 40(1)(b).

(5) But the power conferred by such an authorisation may be exercised
5whether or not the constable reasonably suspects that there is such
evidence.

(6) A constable may seize and retain anything which the constable—

(a) discovers in the course of a search under such an authorisation;
and

(b) 10reasonably suspects may constitute evidence that the vehicle
concerned is being used for the purposes of terrorism or (as the
case may be) that the person concerned is a person falling
within section 40(1)(b).

(7) Schedule 6B (which makes supplementary provision about
15authorisations under this section) has effect.

(8) In this section—

  • “driver” has the meaning given by section 43A(5);

  • “senior police officer” has the same meaning as in Schedule 6B (see
    paragraph 14(1) and (2) of that Schedule);

  • 20“specified” means specified in an authorisation.

(2) Schedule 5 (which inserts a new Schedule making supplementary provision
about powers to stop and search in specified locations into the Terrorism Act
2000) has effect.

62 Code of practice

25After section 47A of the Terrorism Act 2000 (for which see section 61) insert—

Code of practice relating to sections 43, 43A and 47A
47AA Code of practice relating to sections 43, 43A and 47A

(1) The Secretary of State must prepare a code of practice containing
guidance about—

(a) 30the exercise of the powers conferred by sections 43 and 43A,

(b) the exercise of the powers to give an authorisation under section
47A(2) or (3),

(c) the exercise of the powers conferred by such an authorisation
and section 47A(6), and

(d) 35such other matters in connection with the exercise of any of the
powers mentioned in paragraphs (a) to (c) as the Secretary of
State considers appropriate.

(2) Such a code may make different provision for different purposes.

(3) In the course of preparing such a code, the Secretary of State must
40consult the Lord Advocate and such other persons as the Secretary of
State considers appropriate.

47AB Issuing of code

(1) The Secretary of State must lay before Parliament—

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(a) a code of practice prepared under section 47AA, and

(b) a draft of an order providing for the code to come into force.

(2) The Secretary of State must make the order and issue the code if the
draft of the order is approved by a resolution of each House of
5Parliament.

(3) The Secretary of State must not make the order or issue the code unless
the draft of the order is so approved.

(4) The Secretary of State must prepare another code of practice under
section 47AA if—

(a) 10the draft of the order is not so approved, and

(b) the Secretary of State considers that there is no realistic prospect
that it will be so approved.

(5) A code comes into force in accordance with an order under this section.

47AC Alteration or replacement of code

(1) 15The Secretary of State—

(a) must keep the search powers code under review, and

(b) may prepare an alteration to the code or a replacement code.

(2) Before preparing an alteration or a replacement code, the Secretary of
State must consult the Lord Advocate and such other persons as the
20Secretary of State considers appropriate.

(3) Section 47AB (other than subsection (4)) applies to an alteration or a
replacement code prepared under this section as it applies to a code
prepared under section 47AA.

(4) In this section “the search powers code” means the code of practice
25issued under section 47AB(2) (as altered or replaced from time to time).

47AD Publication of code

(1) The Secretary of State must publish the code (and any replacement
code) issued under section 47AB(2).

(2) The Secretary of State must publish—

(a) 30any alteration issued under section 47AB(2), or

(b) the code or replacement code as altered by it.

47AE Effect of code

(1) A constable must have regard to the search powers code when
exercising any powers to which the code relates.

(2) 35A failure on the part of a constable to act in accordance with any
provision of the search powers code does not of itself make that person
liable to criminal or civil proceedings.

(3) The search powers code is admissible in evidence in any such
proceedings.

(4) 40A court or tribunal may, in particular, take into account a failure by a
constable to have regard to the search powers code in determining a
question in any such proceedings.

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(5) The references in this section to a constable include, in relation to any
functions exercisable by a person by virtue of paragraph 15 of Schedule
4 to the Police Reform Act 2002 or paragraph 16 of Schedule 2A to the
Police (Northern Ireland) Act 2003 (search powers in specified areas or
5places for community support officers), references to that person.

(6) In this section “the search powers code” means the code of practice
issued under section 47AB(2) (as altered or replaced from time to
time).

Stop and search powers: Northern Ireland

63 10Stop and search powers in relation to Northern Ireland

Schedule 6 (which makes amendments relating to stop and search powers in
Northern Ireland) has effect.

Part 5 Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1 15Safeguarding of vulnerable groups

Restrictions on scope of regulation: England and Wales

64 Restriction of scope of regulated activities: children

(1) Parts 1 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
(regulated activity relating to children and the period condition) are amended
20as follows.

(2) In paragraph 1(1)(b) (frequency and period condition for regulated activity), at
the beginning, insert “except in the case of activities falling within sub-
paragraph (1A),”.

(3) After paragraph 1(1) insert—

(1A) 25The following activities fall within this sub-paragraph—

(a) relevant personal care, and

(b) health care provided by, or under the direction or
supervision of, a health care professional.

(1B) In this Part of this Schedule “relevant personal care” means—

(a) 30physical assistance which is given to a child who is in need of
it by reason of illness or disability and is given in connection
with eating or drinking (including the administration of
parenteral nutrition),

(b) physical assistance which is given to a child who is in need of
35it by reason of age, illness or disability and is given in
connection with—

(i) toileting (including in relation to the process of
menstruation),