http://www.legislation.gov.uk/id/ukpga/2012/9

http://www.legislation.gov.uk/ukpga/2012/9/section/95

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 of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.

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Statute Law Database

2024-05-18

Expert Participation

2023-12-20

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

art. 2-9

Protection of Freedoms Act 2012

Sch. 1

para. 7A

Counter-Terrorism and Border Security Act 2019

Sch. 2

para. 20

s. 27(2)(b)

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Commencement No. 3) (Amendment) Order 2014

art. 2(2)

art. 1

Part 5Safeguarding vulnerable groups, criminal records etc.

C1CHAPTER 4Disregarding certain convictions for buggery etc.F2: England and Wales

Annotations:

Amendments (Textual)

Words in Pt. 5 Ch. 4 heading inserted (31.1.2017 for specified purposes, 28.6.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 168(3), 183(4)(5)(e); S.R. 2018/128, art. 2(a)

Modifications etc. (not altering text)

Pt. 5 Ch. 4: power to amend conferred (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 166, 183(1)(5)(e) (with s. 167)

Effect of disregard

I195Effect of disregard on police and other records

1

The Secretary of State must by notice direct the relevant data controller to delete details, contained in relevant official records, of a disregarded conviction or caution.

2

A notice under subsection (1) may be given at any time after condition A in section 92 is met but no deletion may have effect before condition B in that section is met.

3

Subject to that, the relevant data controller must delete the details as soon as reasonably practicable.

4

Having done so, the relevant data controller must give notice to the person who has the disregarded conviction or caution that the details of it have been deleted.

5

In this section—

“delete”, in relation to such relevant official records as may be prescribed, means record with the details of the conviction or caution concerned—
1. a
  the fact that it is a disregarded conviction or caution, and
2. b
  the effect of it being such a conviction or caution,
“the names database” means the names database held by the F1Secretary of State for the use of constables,
“official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in England and Wales for the purposes of its functions,
“prescribed” means prescribed by order of the Secretary of State,
“relevant data controller” means—
1. a
  in relation to the names database, any chief officer of police of a police force in England and Wales who is a data controller in relation to the details concerned,
2. b
  in relation to other relevant official records, such person as may be prescribed,
“relevant official records” means—
1. a
  the names database, and
2. b
  such other official records as may be prescribed.

6

An order under this section—

a

may make different provision for different purposes,

b

is to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.