Statutory Instruments
2012 No. 2075 (C. 82)
Children And Young Persons, Northernireland
Criminal Law, England And Wales
Investigatory Powers
Protection Of Vulnerable Adults, Northern Ireland
Road Traffic, England And Wales
The Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012
Made
7th August 2012
The Secretary of State makes the following Order in exercise of the powers conferred by sections 116(1) and 120(1) of the Protection of Freedoms Act 2012( 1 ).
Citation and interpretation
1. β(1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012.
(2) In this Order βthe Actβ means the Protection of Freedoms Act 2012.
Provisions coming into force on 10th August 2012 for the purposes of making regulations
2. The day appointed for the coming into force of the following provisions of the Act is 10th August 2012β
(a) section 78 (corresponding amendments in relation to Northern Ireland) insofar as it relates to the provisions of Schedule 7 specified in paragraph (b) below;
(b) paragraphs 3(2) and 14(4) of Schedule 7 for the purposes of making regulations.
Provisions coming into force on 1st October 2012
3. The day appointed for the coming into force of the following provisions of the Act is 1st October 2012β
(a) section 54 (offence of immobilising etc. vehicles);
(b) section 55 (extension of powers to remove vehicles from land);
(c) section 56 (recovery of unpaid parking charges) in relation to England;
(d) section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (g) below;
(e) section 115(2) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 10 specified in paragraph (h) below;
(f) Schedule 4 (recovery of unpaid parking charges) in relation to England;
(g) Part 4 of Schedule 9 (consequential amendments);
(h) Part 3 of Schedule 10 (repeals and revocations).
Provisions coming into force on 1st November 2012
4. The day appointed for the coming into force of the following provisions of the Act is 1st November 2012β
(a) section 37 (judicial approval for obtaining or disclosing communications data);
(b) section 38 (judicial approval for directed surveillance and covert human intelligence sources);
(c) section 115(1) (consequential amendments, repeals and revocation) insofar as it relates to the provisions of Schedule 9 specified in paragraphs (d) and (e) below;
(d) paragraphs 6 to 14 and 16 to 17 of Schedule 9 (consequential amendments);
(e) paragraph 15 of Schedule 9 (consequential amendments) except insofar as it inserts the words βor 32Aβ into section 77A(1) of the Regulation of Investigatory Powers Act 2000( 2 ) and the heading preceding that section.
Provisions coming into force on 25th November 2012
5. The day appointed for the coming into force of the following provisions of the Act is 25th November 2012β
(a) section 111 (offences in relation to stalking);
(b) section 112 (power of entry in relation to stalking);
(c) section 115(1) (consequential amendments, repeals and revocations) insofar as it relates to the provisions of Schedule 9 specified in paragraph (d) below;
(d) Part 11 of Schedule 9 (consequential amendments).
Transitional provisions
6. Sections 37 and 38 of the Act only have effect in relation toβ
(a) authorisations granted or renewed under section 22(3), (3B) or (3F) of the Regulation of Investigatory Powers Act 2000 on or after 1st November 2012;
(b) notices given or renewed under section 22(4) of that Act on or after 1st November 2012;
(c) authorisations granted under section 28 or 29 of that Act on or after 1st November 2012.
Nick Herbert
Minister of State
Home Office
7th August 2012