Protection from Eviction Act 1977
The Working Time Regulation 1998
Freedom of Information Act 2000
Police and Criminal Evidence Act 1984
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Protection from Eviction Act 1977
1977 CHAPTER 43
Annotations:
Modifications etc. (not altering text)
C1Act modified (prosp.) by 2002 c. 41, ss. 32(4), 162(1) (with s. 159)
C2Powers transferred (W) (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch. 1
C3Act modified by Housing Act 1980 (c. 51, SIF 61), s. 152, Sch. 25 para. 61
Commencement Information
I1Act not in force at Royal Assent; Act wholly in force at 29.8.1977 see s. 13(2)
Part I Unlawful Eviction and Harassment
Section 1
Unlawful eviction and harassment of occupier.
(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.
(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.
(3)If any person with intent to cause the residential occupier of any premises—
(a)to give up the occupation of the premises or any part thereof; or
(b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.
[F1(3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
(b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
(3B)A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
(3C)In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for—
(a)the residential occupier’s right to remain in occupation of the premises, or
(b)a restriction on the person’s right to recover possession of the premises,
would be entitled to occupation of the premises and any superior landlord under whom that person derives title.]
(4)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.
(5)Nothing in this section shall be taken to prejudice any liability or remedy to which a person guilty of an offence thereunder may be subject in civil proceedings.
(6)Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Annotations:
Amendments (Textual)
F1S. 1(3A)–(3C) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 29(2), 44(2)(b)
Modifications etc. (not altering text)
C4By Housing Act 1988 (c. 50, SIF 75:1), s. 29(1) (read with s. 44(2)(b)), it is provided that, with respect to acts done after the commencement of that 1988 Act, subsection (3) shall have effect with the substitution for the word “calculated”, of the word “likely”
Section 2
Restriction on re-entry without due process of law.
Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than by proceedings in the court while any person is lawfully residing in the premises or part of them.
Section 3
Prohibition of eviction without due process of law.
(1)Where any premises have been let as a dwelling under a tenancy which is [F2neither a statutorily protected tenancy nor an excluded tenancy] and—
(a)the tenancy (in this section referred to as the former tenancy) has come to an end, but
(b)the occupier continues to reside in the premises or part of them,
it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises.
(2)In this section “the occupier”, in relation to any premises, means any person lawfully residing in the premises or part of them at the termination of the former tenancy.
[F3(2A)Subsections (1) and (2) above apply in relation to any restricted contract (within the meaning of the Rent Act 1977) which—
(a)creates a licence; and
(b)is entered into after the commencement of section 69 of the Housing Act 1980;
as they apply in relation to a restricted contract which creates a tenancy.]
[F4(2B)Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly.
(2C)References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to—
(a)a tenancy entered into before the date on which the Housing Act 1988 came into force,
or
(b)a tenancy entered into on or after that date but pursuant to a contract made before that date,
but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.]
(3)This section shall, with the necessary modifications, apply where the owner’s right to recover possession arises on the death of the tenant under a statutory tenancy within the meaning of the M1Rent Act 1977 or the M2Rent (Agriculture) Act 1976.
Annotations:
Amendments (Textual)
F2Words substituted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(1), 44(2)(b)
F3S. 3(2A) inserted by Housing Act 1980 (c. 51, SIF 61), s. 69(1)
F4S. 3(2B)–(2C) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(2), 44(2)(b)
Marginal Citations
M11977 c. 42.
M21976 c. 80.
[F53A
Excluded tenancies and licences.
(1)Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.
(2)A tenancy or licence is excluded if—
(a)under its terms the occupier shares any accommodation with the landlord or licensor; and
(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.
(3)A tenancy or licence is also excluded if—
(a)under its terms the occupier shares any accommodation with a member of the family
of the landlord or licensor;
(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and
(c)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.
(4)For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons.
(5)In subsections (2) to (4) above—
(a)“accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;
(b)“occupier” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and
(c)“purpose-built block of flats” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988;
and section 113 of the Housing Act M31985 shall apply to determine whether a person who is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act.
(6)A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him).
(7)A tenancy or licence is excluded if—
(a)it confers on the tenant or licensee the right to occupy the premises for a holiday only;
or
(b)it is granted otherwise than for money or money’s worth.
[F6(7A)A tenancy or licence is excluded if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.]
(8)A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act M41985, which is provided by—
(a)the council of a county, [F7county borough,] district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, [F8the London Fire and Emergency Planning Authority,]a joint authority within the meaning of the Local Government Act M51985 or a residuary body within the meaning of that Act;
(b)a development corporation within the meaning of the New Towns Act M61981;
(c)the Commission for the New Towns;
(d)an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act M71980;
(e)a housing action trust established under Part III of the Housing Act M81988;
F9(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)the Housing Corporation F10. . .;
[F11(ga)the Secretary of State under section 89 of the M9Housing Associations Act 1985;]
[F12(h)a housing trust (within the meaning of the Housing Associations Act 1985) which is a charity or a registered social landlord (within the meaning of the Housing Act 1985); or.]
(i)any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.
(9)The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Annotations:
Subordinate Legislation Made
P1S. 3A(8)(i): s. 3A(8)(i) power exercised by S.I. 1991/1943
Amendments (Textual)
F5S. 3A inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 31, 44(2)(b)
F6S. 3A(7A) inserted (11.11.1999) by 1999 c. 33, ss. 169(1), 170(3)(s), Sch. 14, para. 73
F7Words in s. 3A(8)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 4(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F8Words in s. 3A(8) inserted (3.7.2000) by 1999 c. 29, s. 328, Sch. 29 Pt. I para. 27 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)
F9S. 3A(8)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1)); S.I. 1998/2244, art. 4
F10Words in s. 3A(8)(g) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 2(a), Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1)); S.I. 1998/2244, art. 5
F11S. 3A(8)(ga) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 2(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F12S. 3A(8)(h) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 7
Marginal Citations
M31985 c. 68 (61).
M41985 c. 68(61).
M51985 c. 51(81:1).
M61981 c. 64(123:3).
M71980 c. 65(123:1, 2).
M81988 c. 50(61).
M91985 c. 69.
Section 4
Special provisions for agricultural employees.
(1)This section shall apply where the tenant under the former tenancy (within the meaning of section 3 of this Act) occupied the premises under the terms of his employment as a person employed in agriculture, as defined in section 1 of the M10Rent (Agriculture) Act 1976, but is not a statutory tenant as defined in that Act.
(2)In this section “the occupier”, in relation to any premises, means—
(a)the tenant under the former tenancy; or
(b)the widow or widower of the tenant under the former tenancy residing with him at his death or, if the former tenant leaves no such widow or widower, any member of his family residing with him at his death.
[F13(2A)In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.]
(3)Without prejudice to any power of the court apart from this section to postpone the operation or suspend the execution of an order for possession, if in proceedings by the owner against the occupier the court makes an order for the possession of the premises the court may suspend the execution of the order on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable.
(4)Where the order for possession is made within the period of 6 months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the court under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the court shall suspend the execution of the order for the remainder of the said period of 6 months unless the court—
(a)is satisfied either—
(i)that other suitable accommodation is, or will within that period be made, available to the occupier; or
(ii)that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or
(iii)that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period; or
(iv)that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises; and
(b)considers that it would be reasonable not to suspend the execution of the order for the remainder of that period.
(5)Where the court suspends the execution of an order for possession under subsection
(4) above it shall do so on such terms and conditions, including conditions as to the
payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable.
(6)A decision of the court not to suspend the execution of the order under subsection (4) above shall not prejudice any other power of the court to postpone the operation or suspend the execution of the order for the whole or part of the period of 6 months mentioned in that subsection.
(7)Where the court has, under the preceding provisions of this section, suspended the execution of an order for possession, it may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this section.
(8)In considering whether or how to exercise its powers under subsection (3) above, the court shall have regard to all the circumstances and, in particular, to—
(a)whether other suitable accommodation is or can be made available to the occupier;
(b)whether the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises were available for occupation by a person employed or to be employed by the owner; and
(c)whether greater hardship would be caused by the suspension of the execution of the order than by its execution without suspension or further suspension.
(9)Where in proceedings for the recovery of possession of the premises the court makes an order for possession but suspends the execution of the order under this section, it shall make no order for costs, unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.
(10)Where, in the case of an order for possession of the premises to which subsection (4) above applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the court that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was—
(a)attributable to the provisions of paragraph (a)(ii) of subsection (4), and
(b)due to misrepresentation or concealment of material facts by the owner of the premises,
the court may order the owner to pay to the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.
Annotations:
Amendments (Textual)
F13S. 4(2A) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 30(3), 44(2)(b)
Marginal Citations
M101976 c. 80.
Part II Notice to Quit
Section 5
Validity of notices to quit.
(1)[F14Subject to subsection (1B) below] no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—
(a)it is in writing and contains such information as may be prescribed, and
(b)it is given not less than 4 weeks before the date on which it is to take effect.
[F15(1A)Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless—
(a)it is in writing and contains such information as may be prescribed, and
(b)it is given not less than 4 weeks before the date on which it is to take effect.
(1B)Nothing in subsection (1) or subsection (1A) above applies to—
(a)premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or
(b)premises occupied under an excluded licence.]
(2)In this section “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Regulations under this section may make different provision in relation to different descriptions of lettings and different circumstances.
Annotations:
Amendments (Textual)
F14Words inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 32(1), 44(2)(b)
F15S. 5(1A)(1B) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 32(2), 44(2)(b)
Part III Supplemental Provisions
Section 6
Prosecution of offences.
Proceedings for an offence under this Act may be instituted by any of the following authorities:—
(a)councils of districts and London boroughs;
[F16(aa)councils of Welsh counties and county boroughs;]
(b)the Common Council of the City of London;
(c)the Council of the Isles of Scilly.
Annotations:
Amendments (Textual)
F16S. 6(aa) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 4(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 3, Sch. 1
Section 7
Service of Notices.
(1)If for the purpose of any proceedings (whether civil or criminal) brought or intended to be brought under this Act, any person serves upon—
(a)any agent of the landlord named as such in the rent book or other similar document, or
(b)the person who receives the rent of the dwelling,
a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice.
(2)If any such agent or other person as is referred to in subsection (1) above fails or refuses forthwith to comply with a notice served on him under that subsection, he shall be liable on summary conviction to a fine not exceeding [F17level 4 on the standard scale], unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him.
(3)In this section “landlord” includes—
(a)any person from time to time deriving title under the original landlord,
(b)in relation to any dwelling-house, any person other than the tenant who is or, but for Part VII of the M11Rent Act 1977 would be, entitled to possession of the dwelling-house,
and
(c)any person who, . . . F18 grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor.
Annotations:
Amendments (Textual)
F17Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3
F18Words repealed by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1)(2), Sch. 17 para. 26, Sch. 18
Marginal Citations
M111977 c. 42.
Section 8
Interpretation.
(1)In this Act “statutorily protected tenancy” means—
(a)a protected tenancy within the meaning of the M12Rent Act 1977 or a tenancy to which Part I of the M13Landlord and Tenant Act 1954 applies;
(b)a protected occupancy or statutory tenancy as defined in the M14Rent (Agriculture) Act 1976;
(c)a tenancy to which Part II of the M15Landlord and Tenant Act 1954 applies;
(d)a tenancy of an agricultural holding within the meaning of the [F19Agricultural Holdings Act 1986][F20which is a tenancy in relation to which that act applies].
[F21(e)an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988]
[F22(f)a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies].
[F23(g)a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.]
(2)For the purposes of Part I of this Act a person who, under the terms of his employment, had exclusive possession of any premises other than as a tenant shall be deemed to have been a tenant and the expressions “let” and “tenancy” shall be construed accordingly.
(3)In Part I of this Act “the owner”, in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof.
[F24(4)In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act.
(5)If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then—
(a)if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and
5(1B) above as a new tenancy or licence entered into at the time of the variation; and
(b)if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence.
(6)Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to—
(a)a reduction or increase effected under Part III or Part VI of the Rent Act M161977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act M171976; or
(b)a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act M181977.]
Annotations:
Amendments (Textual)
F19Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 61
F20Words in s. 8(1)(d) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 29(a) (with s. 37)
F21S. 8(1)(e) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 33(2), 44(2)(b)
F22S. 8(1)(f) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194(1), Sch. 11 para. 54
F23S. 8(1)(g) added (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 29(b) (with s. 37)
F24S. 8(4)–(6) added by Housing Act 1988 (c. 50, SIF 75:1), ss. 33(3), 44(2)(b)
Marginal Citations
M121977 c. 42.
M131954 c. 56.
M141976 c. 80.
M151954 c. 56.
M161977 c. 42(75:3).
M171976 c. 80(75:3).
M181977 c. 42(75:3).
Section 9
The court for purposes of Part I.
(1)The court for the purposes of Part I of this Act shall, subject to this section, be—
(a)the county court, in relation to premises with respect to which the county court has for the time being jurisdiction in actions for the recovery of land; and
(b)the High Court, in relation to other premises.
(2)Any powers of a county court in proceedings for the recovery of possession of any premises in the circumstances mentioned in section 3(1) of this Act may be exercised with the leave of the judge by any registrar of the court, except in so far as rules of court otherwise provide.
(3)Nothing in this Act shall affect the jurisdiction of the High Court in proceedings to enforce a lessor’s right of re-entry or forfeiture or to enforce a mortgagee’s right of possession in a case where the former tenancy was not binding on the mortgagee.
(4)Nothing in this Act shall affect the operation of—
(a)section 59 of the M19Pluralities Act 1838;
(b)section 19 of the M20Defence Act 1842;
(c)section 6 of the M21Lecturers and Parish Clerks Act 1844;
(d)paragraph 3 of Schedule 1 to the M22Sexual Offences Act 1956; or
(e)section 13 of the M23Compulsory Purchase Act 1965.
Annotations:
Marginal Citations
M191838 c. 106.
M201842 c. 94.
M211844 c. 59.
M221956 c. 69.
M231965 c. 56.
Section 10
Application to Crown.
In so far as this Act requires the taking of proceedings in the court for the recovery of possession or confers any powers on the court it shall (except in the case of section 4(10)) be binding on the Crown.
Section 11
Application to Isles of Scilly.
(1)In its application to the Isles of Scilly, this Act (except in the case of section 5) shall have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
(2)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment, in pursuance of a resolution of either House of Parliament.
(3)An order under this section may be varied or revoked by a subsequent order.
Section 12
Consequential amendments, etc.
(1)Schedule 1 to this Act contains amendments consequential on the provisions of this Act.
(2)Schedule 2 to this Act contains transitional provisions and savings.
(3)The enactments mentioned in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(4)The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken to affect the operation in relation to this Act of section 38 of the M24Interpretation Act 1889 (which relates to the effect of repeals).
Annotations:
Modifications etc. (not altering text)
C5The text of s. 12(1)(3) and Schs. 1 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
M241889 c. 63.
Section 13
Short title etc.
(1)This Act may be cited as the Protection from Eviction Act 1977.
(2)This Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed.
(3)This Act does not extend to Scotland or Northern Ireland.
(4)References in this Act to any enactment are references to that enactment as amended, and include references thereto as applied by any other enactment including, except where the context otherwise requires, this Act.
SCHEDULES
Section 12.
SCHEDULE 1 Consequential Amendments
Annotations:
Modifications etc. (not altering text)
C6The text of s. 12(1)(3) and Schs. 1 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
1 In section 22(1) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, for “Part III of the Rent Act 1965” substitute “Part I of the Protection from Eviction Act 1977”.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Annotations:
Amendments (Textual)
F25Sch. 1 para. 2 repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
Caravan Sites Act 1968 (c. 52)
3 In section 5(5) of the Caravan Sites Act 1968 (provisions of Part III of the Rent Act 1965 relating to protection against eviction etc. not to apply to caravans on protected sites) for the words “Part III of the Rent Act 1965” substitute “the Protection from Eviction Act 1977”.
Rent (Agriculture) Act 1976 (c. 80)
4 In Schedule 5 to the Rent (Agriculture) Act 1976, in paragraph 10(2) for “section 16 of the Rent Act 1957” substitute “section 5 of the Protection from Eviction Act 1977”.
SCHEDULE 2 Transitional Provisions and Savings
1 (1)In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.
(2) Sub-paragraph (1) above applies, in particular, to any regulation, rule, notice or order.
2 The enactments mentioned in Schedule 6 to the M25Rent Act 1965 shall, notwithstanding the repeal of that Act by this Act, continue to have effect as they had effect immediately before the commencement of this Act.
Annotations:
Marginal Citations
M251965 c. 75.
Section 12.
SCHEDULE 3 Repeals
Annotations:
Modifications etc. (not altering text)
C7The text of s. 12(1)(3) and Schs. 1 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
© Crown copyright
You may use and re-use the information featured on this website (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence
http://www.legislation.gov.uk/ukpga/1977/43
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The Working Time Regulation 1998
PART II – RIGHTS AND OBLIGATIONS CONCERNING WORKING TIME
General
Section 3
The provisions of this Part have effect subject to the exceptions provided for in Part III of these Regulations.
Maximum weekly working time
Section 4
(1) Subject to regulation 5, a worker’s working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days.
(2) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limit specified in paragraph (1) is complied with in the case of each worker employed by him in relation to whom it applies.
(3) Subject to paragraphs (4) and (5) and any agreement under regulation 23(b), the reference periods which apply in the case of a worker are—
(a)where a relevant agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period, or
(b)in any other case, any period of 17 weeks in the course of his employment.
(4) Where a worker has worked for his employer for less than 17 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.
(5) Paragraphs (3) and (4) shall apply to a worker who is excluded from the scope of certain provisions of these Regulations by regulation 21 as if for each reference to 17 weeks there were substituted a reference to 26 weeks.
(6) For the purposes of this regulation, a worker’s average working time for each seven days during a reference period shall be determined according to the formula—
where—
A is the aggregate number of hours comprised in the worker’s working time during the course of the reference period;
B is the aggregate number of hours comprised in his working time during the course of the period beginning immediately after the end of the reference period and ending when the number of days in that subsequent period on which he has worked equals the number of excluded days during the reference period; and
C is the number of weeks in the reference period.
(7) In paragraph (6), “excluded days” means days comprised in—
(a)any period of annual leave taken by the worker in exercise of his entitlement under regulation 13;
(b)any period of sick leave taken by the worker;
(c)any period of maternity leave taken by the worker; and
(d)any period in respect of which the limit specified in paragraph (1) did not apply in relation to the worker by virtue of regulation 5.
Agreement to exclude the maximum
Section 5
(1) The limit specified in regulation 4(1) shall not apply in relation to a worker who has agreed with his employer in writing that it should not apply in his case, provided that the employer complies with the requirements of paragraph (4).
(2) An agreement for the purposes of paragraph (1)—
(a)may either relate to a specified period or apply indefinitely; and
(b)subject to any provision in the agreement for a different period of notice, shall be terminable by the worker by giving not less than seven days’ notice to his employer in writing.
(3) Where an agreement for the purposes of paragraph (1) makes provision for the termination of the agreement after a period of notice, the notice period provided for shall not exceed three months.
(4) The requirements referred to in paragraph (1) are that the employer—
(a)maintains up-to-date records which—
(i)identify each of the workers whom he employs who has agreed that the limit specified in regulation 4(1) should not apply in his case;
(ii)set out any terms on which the worker agreed that the limit should not apply; and
(iii)specify the number of hours worked by him for the employer during each reference period since the agreement came into effect (excluding any period which ended more than two years before the most recent entry in the records);
(b)permits any inspector appointed by the Health and Safety Executive or any other authority which is responsible under regulation 28 for the enforcement of these Regulations to inspect those records on request; and
(c)provides any such inspector with such information as he may request regarding any case in which a worker has agreed that the limit specified in regulation 4(1) should not apply in his case.
Length of night work
Section 6
(1) A night worker’s normal hours of work in any reference period which is applicable in his case shall not exceed an average of eight hours for each 24 hours.
(2) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety or workers, to ensure that the limit specified in paragraph (1) is complied with in the case of each night worker employed by him.
(3) The reference periods which apply in the case of a night worker are—
(a)where a relevant agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period, or
(b)in any other case, any period of 17 weeks in the course of his employment.
(4) Where a worker has worked for his employer for less than 17 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.
(5) For the purposes of this regulation, a night worker’s average normal hours of work for each 24 hours during a reference period shall be determined according to the formula—
where—
A is the number of hours during the reference period which are normal working hours for that worker;
B is the number of days during the reference period, and
C is the total number of hours during the reference period comprised in rest periods spent by the worker in pursuance of his entitlement under regulation 11, divided by 24.
(6) A night worker’s normal hours of work for the purposes of this regulation are his normal working hours for the purposes of the 1996 Act in a case where section 234 of that Act (which provides for the interpretation of normal working hours in the case of certain employees) applies to him.
(7) An employer shall ensure that no night worker employed by him whose work involves special hazards or heavy physical or mental strain works for more than eight hours in any 24-hour period during which the night worker performs night work.
(8) For the purposes of paragraph (7), the work of a night worker shall be regarded as involving special hazards or heavy physical or mental strain if—
(a)it is identified as such in—
(i)a collective agreement, or
(ii)a workforce agreement,
which takes account of the specific effects and hazards of night work, or
(b)it is recognised in a risk assessment made by the employer under regulation 3 of the Management of Health and Safety at Work Regulations 1992(1) as involving a significant risk to the health or safety of workers employed by him.
Health assessment and transfer of night workers to day work
Section 7
(1) An employer—
(a)shall not assign an adult worker to work which is to be undertaken during periods such that the worker will become a night worker unless—
(i)the employer has ensured that the worker will have the opportunity of a free health assessment before he takes up the assignment; or
(ii)the worker had a health assessment before being assigned to work to be undertaken during such periods on an earlier occasion, and the employer has no reason to believe that that assessment is no longer valid, and
(b)shall ensure that each night worker employed by him has the opportunity of a free health assessment at regular intervals of whatever duration may be appropriate in his case.
(2) Subject to paragraph (4), an employer—
(a)shall not assign a young worker to work during the period between 10 p.m. and 6 a.m. (“the restricted period”) unless—
(i)the employer has ensured that the young worker will have the opportunity of a free assessment of his health and capacities before he takes up the assignment; or
(ii)the young worker had an assessment of his health and capacities before being assigned to work during the restricted period on an earlier occasion, and the employer has no reason to believe that that assessment is no longer valid; and
(b)shall ensure that each young worker employed by him and assigned to work during the restricted period has the opportunity of a free assessment of his health and capacities at regular intervals of whatever duration may be appropriate in his case.
(3) For the purposes of paragraphs (1) and (2), an assessment is free if it is at no cost to the worker to whom it relates.
(4) The requirements in paragraph (2) do not apply in a case where the work a young worker is assigned to do is of an exceptional nature.
(5) No person shall disclose an assessment made for the purposes of this regulation to any person other than the worker to whom it relates, unless—
(a)the worker has given his consent in writing to the disclosure, or
(b)the disclosure is confined to a statement that the assessment shows the worker to be fit—
(i)in a case where paragraph (1)(a)(i) or (2)(a)(i) applies, to take up an assignment, or
(ii)in a case where paragraph (1)(b) or (2)(b) applies, to continue to undertake an assignment.
(6) Where—
(a)a registered medical practitioner has advised an employer that a worker employed by the employer is suffering from health problems which the practitioner considers to be connected with the fact that the worker performs night work, and
(b)it is possible for the employer to transfer the worker to work—
(i)to which the worker is suited, and
(ii)which is to be undertaken during periods such that the worker will cease to be a night worker,
the employer shall transfer the worker accordingly.
Pattern of work
8. Where the pattern according to which an employer organizes work is such as to put the health and safety of a worker employed by him at risk, in particular because the work is monotonous or the work-rate is predetermined, the employer shall ensure that the worker is given adequate rest breaks.
Records
9. An employer shall—
(a)keep records which are adequate to show whether the limits specified in regulations 4(1) and 6(1) and (7) and the requirements in regulations 7(1) and (2) are being complied with in the case of each worker employed by him in relation to whom they apply; and
(b)retain such records for two years from the date on which they were made.
Daily rest
Section 10
(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.
(2) Subject to paragraph (3), a young worker is entitled to a rest period of not less than twelve consecutive hours in each 24-hour period during which he works for his employer.
(3) The minimum rest period provided for in paragraph (2) may be interrupted in the case of activities involving periods of work that are split up over the day or of short duration.
Weekly rest period
Section 11
(1) Subject to paragraph (2), an adult worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven-day period during which he works for his employer.
(2) If his employer so determines, an adult worker shall be entitled to either—
(a)two uninterrupted rest periods each of not less than 24 hours in each 14-day period during which he works for his employer; or
(b)one uninterrupted rest period of not less than 48 hours in each such 14-day period,
in place of the entitlement provided for in paragraph (1).
(3) Subject to paragraph (8), a young worker is entitled to a rest period of not less than 48 hours in each seven-day period during which he works for his employer.
(4) For the purpose of paragraphs (1) to (3), a seven-day period or (as the case may be) 14-day period shall be taken to begin—
(a)at such times on such days as may be provided for for the purposes of this regulation in a relevant agreement; or
(b)where there are no provisions of a relevant agreement which apply, at the start of each week or (as the case may be) every other week.
(5) In a case where, in accordance with paragraph (4), 14-day periods are to be taken to begin at the start of every other week, the first such period applicable in the case of a particular worker shall be taken to begin—
(a)if the worker’s employment began on or before the date on which these Regulations come into force, on 5th October 1998; or
(b)if the worker’s employment begins after the date on which these Regulations come into force, at the start of the week in which that employment begins.
(6) For the purposes of paragraphs (4) and (5), a week starts at midnight between Sunday and Monday.
(7) The minimum rest period to which an adult worker is entitled under paragraph (1) or (2) shall not include any part of a rest period to which the worker is entitled under regulation 10(1), except where this is justified by objective or technical reasons or reasons concerning the organization of work.
(8) The minimum rest period to which a young worker is entitled under paragraph (3)—
(a)may be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration; and
(b)may be reduced where this is justified by technical or organization reasons, but not to less than 36 consecutive hours.
Rest breaks
Section 12
(1) Where an adult worker’s daily working time is more than six hours, he is entitled to a rest break.
(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.
(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.
(4) Where a young worker’s daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.
(5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.
Entitlement to annual leave
Section 13
(1) Subject to paragraphs (5) and (7), a worker is entitled in each leave year to a period of leave determined in accordance with paragraph (2).
(2) The period of leave to which a worker is entitled under paragraph (1) is—
(a)in any leave year beginning on or before 23rd November 1998, three weeks;
(b)in any leave year beginning after 23rd November 1998 but before 23rd November 1999, three weeks and a proportion of a fourth week equivalent to the proportion of the year beginning on 23rd November 1998 which has elapsed at the start of that leave year; and
(c)in any leave year beginning after 23rd November 1999, four weeks.
(3) A worker’s leave year, for the purposes of this regulation, begins—
(a)on such date during the calendar year as may be provided for in a relevant agreement; or
(b)where there are no provisions of a relevant agreement which apply—
(i)if the worker’s employment began on or before 1st October 1998, on that date and each subsequent anniversary of that date; or
(ii)if the worker’s employment begins after 1st October 1998, on the date on which that employment begins and each subsequent anniversary of that date.
(4) Paragraph (3) does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.
(5) Where the date on which a worker’s employment begins is later than the date on which (by virtue of a relevant agreement) his first leave year begins, the leave to which he is entitled in that leave year is a proportion of the period applicable under paragraph (2) equal to the proportion of that leave year remaining on the date on which his employment begins.
(6) Where by virtue of paragraph (2)(b) or (5) the period of leave to which a worker is entitled is or includes a proportion of a week, the proportion shall be determined in days and any fraction of a day shall be treated as a whole day.
(7) The entitlement conferred by paragraph (1) does not arise until a worker has been continuously employed for thirteen weeks.
(8) For the purposes of paragraph (7), a worker has been continuously employed for thirteen weeks if his relations with his employer have been governed by a contract during the whole or part of each of those weeks.
(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but—
(a)it may only be taken in the leave year in respect of which it is due, and
(b)it may not be replaced by a payment in lieu except where the worker’s employment is terminated.
Compensation related to entitlement to leave
Section 14
(1) This regulation applies where—
(a)a worker’s employment is terminated during the course of his leave year, and
(b)on the date on which the termination takes effect (“the termination date”), the proportion he has taken of the leave to which he is entitled in the leave year under regulation 13(1) differs from the proportion of the leave year which has expired.
(2) Where the proportion of leave taken by the worker is less than the proportion of the leave year which has expired, his employer shall make him a payment in lieu of leave in accordance with paragraph (3).
(3) The payment due under paragraph (2) shall be—
(a)such sum as may be provided for for the purposes of this regulation in a relevant agreement,
or
(b)where there are no provisions of a relevant agreement which apply, a sum equal to the amount that would be due to the worker under regulation 16 in respect of a period of leave determined according to the formula—
where—
A is the period of leave to which the worker is entitled under regulation 13(1);
B is the proportion of the worker’s leave year which expired before the termination date, and
C is the period of leave taken by the worker between the start of the leave year and the termination date.
(4) A relevant agreement may provide that, where the proportion of leave taken by the worker exceeds the proportion of the leave year which has expired, he shall compensate his employer, whether by a payment, by undertaking additional work or otherwise.
Dates on which leave is taken
Section 15
(1) A worker may take leave to which he is entitled under regulation 13(1) on such days as he may elect by giving notice to his employer in accordance with paragraph (3), subject to any requirement imposed on him by his employer under paragraph (2).
(2) A worker’s employer may require the worker—
(a)to take leave to which the worker is entitled under regulation 13(1); or
(b)not to take such leave,
on particular days, by giving notice to the worker in accordance with paragraph (3).
(3) A notice under paragraph (1) or (2)—
(a)may relate to all or part of the leave to which a worker is entitled in a leave year;
(b)shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and
(c)shall be given to the employer or, as the case may be, the worker before the relevant date.
(4) The relevant date, for the purposes of paragraph (3), is the date—
(a)in the case of a notice under paragraph (1) or (2)(a), twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates, and
(b)in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates.
(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.
(6) This regulation does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.
Payment in respect of periods of leave
Section 16
(1) A worker is entitled to be paid in respect of any period of annual leave to which he is entitled under regulation 13, at the rate of a week’s pay in respect of each week of leave.
(2) Sections 221 to 224 of the 1996 Act shall apply for the purpose of determining the amount of a week’s pay for the purposes of this regulation, subject to the modifications set out in paragraph (3).
(3) The provisions referred to in paragraph (2) shall apply—
(a)as if references to the employee were references to the worker;
(b)as if references to the employee’s contract of employment were references to the worker’s contract;
(c)as if the calculation date were the first day of the period of leave in question; and
(d)as if the references to sections 227 and 228 did not apply.
(4) A right to payment under paragraph (1) does not affect any right of a worker to remuneration under his contract (“contractual remuneration”).
(5) Any contractual remuneration paid to a worker in respect of a period of leave goes towards discharging any liability of the employer to make payments under this regulation in respect of that period; and, conversely, any payment of remuneration under this regulation in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
Entitlements under other provisions
Section 17
Where during any period a worker is entitled to a rest period, rest break or annual leave both under a provision of these Regulations and under a separate provision (including a provision of his contract), he may not exercise the two rights separately, but may, in taking a rest period, break or leave during that period, take advantage of whichever right is, in any particular respect, the more favourable.
http://www.legislation.gov.uk/uksi/1998/1833/contents/made
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Human Rights Act 1998
SCHEDULE 1 – The Articles
PART I – The Convention Rights and Freedoms
Article 2 – Right to life
1 Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2 Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a)in defence of any person from unlawful violence;
(b)in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c)in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4 – Prohibition of slavery and forced labour
1 No one shall be held in slavery or servitude.
2 No one shall be required to perform forced or compulsory labour.
3 For the purpose of this Article the term “forced or compulsory labour” shall not include:
(a)any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
(b)any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
(c)any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
(d)any work or service which forms part of normal civic obligations.
Article 5 – Right to liberty and security
1 Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
(a)the lawful detention of a person after conviction by a competent court;
(b)the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
(c)the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
(d)the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
(e)the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f)the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
2 Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3 Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4 Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5 Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.
Article 6 – Right to a fair trial
1 In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2 Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3 Everyone charged with a criminal offence has the following minimum rights:
(a)to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b)to have adequate time and facilities for the preparation of his defence;
(c)to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d)to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e)to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7 – No punishment without law
1 No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
2 This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8 – Right to respect for private and family life
1 Everyone has the right to respect for his private and family life, his home and his correspondence.
2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9 – Freedom of thought, conscience and religion
1 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2 Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Article 10 – Freedom of expression
1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 11 – Freedom of assembly and association
1 Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2 No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12 – Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 14 – Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 16 – Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
Article 17 – Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
Article 18 – Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
Part II – The First Protocol
Article 1 – Protection of property
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Article 2 – Right to education
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.
Article 3 – Right to free elections
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.
[F1PART 3ARTICLE 1 OF THE THIRTEENTH PROTOCOLAbolition of the death penalty
Annotations:
Amendments (Textual)
F1Sch. 1 Pt. 3 substituted (22.6.2004) by The Human Rights Act 1998 (Amendment) Order 2004 (S.I. 2004/1574), art. 2(3)
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.]
F2Part IIIThe Sixth Protocol
Part III
The Sixth Protocol
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.
Section 10.
SCHEDULE 2
Remedial Orders
Orders
1
(1)
A remedial order may—
(a)
contain such incidental, supplemental, consequential or transitional provision as the person making it considers appropriate;
(b)
be made so as to have effect from a date earlier than that on which it is made;
(c)
make provision for the delegation of specific functions;
(d)
make different provision for different cases.
(2)
The power conferred by sub-paragraph (1)(a) includes—
(a)
power to amend primary legislation (including primary legislation other than that which contains the incompatible provision); and
(b)
power to amend or revoke subordinate legislation (including subordinate legislation other than that which contains the incompatible provision).
(3)
A remedial order may be made so as to have the same extent as the legislation which it affects.
(4)
No person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order.
Procedure
2
No remedial order may be made unless—
(a)
a draft of the order has been approved by a resolution of each House of Parliament made after the end of the period of 60 days beginning with the day on which the draft was laid; or
(b)
it is declared in the order that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the order without a draft being so approved.
Orders laid in draft
3
(1)
No draft may be laid under paragraph 2(a) unless—
(a)
the person proposing to make the order has laid before Parliament a document which contains a draft of the proposed order and the required information; and
(b)
the period of 60 days, beginning with the day on which the document required by this sub-paragraph was laid, has ended.
(2)
If representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing—
(a)
a summary of the representations; and
(b)
if, as a result of the representations, the proposed order has been changed, details of the changes.
Urgent cases
4
(1)
If a remedial order (“the original order”) is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made.
(2)
If representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before Parliament a statement containing—
(a)
a summary of the representations; and
(b)
if, as a result of the representations, he considers it appropriate to make changes to the original order, details of the changes.
(3)
If sub-paragraph (2)(b) applies, the person making the statement must—
(a)
make a further remedial order replacing the original order; and
(b)
lay the replacement order before Parliament.
(4)
If, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each House approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order).
Definitions
5
In this Schedule—
“representations” means representations about a remedial order (or proposed remedial order) made to the person making (or proposing to make) it and includes any relevant Parliamentary report or resolution; and
“required information” means—
(a)
an explanation of the incompatibility which the order (or proposed order) seeks to remove, including particulars of the relevant declaration, finding or order; and
(b)
a statement of the reasons for proceeding under section 10 and for making an order in those terms.
Calculating periods
6
In calculating any period for the purposes of this Schedule, no account is to be taken of any time during which—
(a)
Parliament is dissolved or prorogued; or
(b)
both Houses are adjourned for more than four days.
Sections 14 and 15.
SCHEDULE 3
Derogation and Reservation
Part I
Derogation
The 1988 notification
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty’s Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.
There have been in the United Kingdom in recent years campaigns of organised terrorism connected with the affairs of Northern Ireland which have manifested themselves in activities which have included repeated murder, attempted murder, maiming, intimidation and violent civil disturbance and in bombing and fire raising which have resulted in death, injury and widespread destruction of property. As a result, a public emergency within the meaning of Article 15(1) of the Convention exists in the United Kingdom.
The Government found it necessary in 1974 to introduce and since then, in cases concerning persons reasonably suspected of involvement in terrorism connected with the affairs of Northern Ireland, or of certain offences under the legislation, who have been detained for 48 hours, to exercise powers enabling further detention without charge, for periods of up to five days, on the authority of the Secretary of State. These powers are at present to be found in Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984.
Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 provides for a person whom a constable has arrested on reasonable grounds of suspecting him to be guilty of an offence under Section 1, 9 or 10 of the Act, or to be or to have been involved in terrorism connected with the affairs of Northern Ireland, to be detained in right of the arrest for up to 48 hours and thereafter, where the Secretary of State extends the detention period, for up to a further five days. Section 12 substantially re-enacted Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1976 which, in turn, substantially re-enacted Section 7 of the Prevention of Terrorism (Temporary Provisions) Act 1974.
Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984 (SI 1984/417) and Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 (SI 1984/418) were both made under Sections 13 and 14 of and Schedule 3 to the 1984 Act and substantially re-enacted powers of detention in Orders made under the 1974 and 1976 Acts. A person who is being examined under Article 4 of either Order on his arrival in, or on seeking to leave, Northern Ireland or Great Britain for the purpose of determining whether he is or has been involved in terrorism connected with the affairs of Northern Ireland, or whether there are grounds for suspecting that he has committed an offence under Section 9 of the 1984 Act, may be detained under Article 9 or 10, as appropriate, pending the conclusion of his examination. The period of this examination may exceed 12 hours if an examining officer has reasonable grounds for suspecting him to be or to have been involved in acts of terrorism connected with the affairs of Northern Ireland.
Where such a person is detained under the said Article 9 or 10 he may be detained for up to 48 hours on the authority of an examining officer and thereafter, where the Secretary of State extends the detention period, for up to a further five days.
In its judgment of 29 November 1988 in the Case of Brogan and Others, the European Court of Human Rights held that there had been a violation of Article 5(3) in respect of each of the applicants, all of whom had been detained under Section 12 of the 1984 Act. The Court held that even the shortest of the four periods of detention concerned, namely four days and six hours, fell outside the constraints as to time permitted by the first part of Article 5(3). In addition, the Court held that there had been a violation of Article 5(5) in the case of each applicant.
Following this judgment, the Secretary of State for the Home Department informed Parliament on 6 December 1988 that, against the background of the terrorist campaign, and the over-riding need to bring terrorists to justice, the Government did not believe that the maximum period of detention should be reduced. He informed Parliament that the Government were examining the matter with a view to responding to the judgment. On 22 December 1988, the Secretary of State further informed Parliament that it remained the Government’s wish, if it could be achieved, to find a judicial process under which extended detention might be reviewed and where appropriate authorised by a judge or other judicial officer. But a further period of reflection and consultation was necessary before the Government could bring forward a firm and final view.
Since the judgment of 29 November 1988 as well as previously, the Government have found it necessary to continue to exercise, in relation to terrorism connected with the affairs of Northern Ireland, the powers described above enabling further detention without charge for periods of up to 5 days, on the authority of the Secretary of State, to the extent strictly required by the exigencies of the situation to enable necessary enquiries and investigations properly to be completed in order to decide whether criminal proceedings should be instituted. To the extent that the exercise of these powers may be inconsistent with the obligations imposed by the Convention the Government has availed itself of the right of derogation conferred by Article 15(1) of the Convention and will continue to do so until further notice.
Dated 23 December 1988.
The 1989 notification
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information.
In his communication to the Secretary General of 23 December 1988, reference was made to the introduction and exercise of certain powers under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984.
These provisions have been replaced by section 14 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989, which make comparable provision. They came into force on 22 March 1989. A copy of these provisions is enclosed.
The United Kingdom Permanent Representative avails himself of this opportunity to renew to the Secretary General the assurance of his highest consideration.
23 March 1989.
Part II
Reservation
At the time of signing the present (First) Protocol, I declare that, in view of certain provisions of the Education Acts in the United Kingdom, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure.
Dated 20 March 1952
Made by the United Kingdom Permanent Representative to the Council of Europe.
Section 18(6).
SCHEDULE 4
Judicial Pensions
Duty to make orders about pensions
1
(1)
The appropriate Minister must by order make provision with respect to pensions payable to or in respect of any holder of a judicial office who serves as an ECHR judge.
(2)
A pensions order must include such provision as the Minister making it considers is necessary to secure that—
(a)
an ECHR judge who was, immediately before his appointment as an ECHR judge, a member of a judicial pension scheme is entitled to remain as a member of that scheme;
(b)
the terms on which he remains a member of the scheme are those which would have been applicable had he not been appointed as an ECHR judge; and
(c)
entitlement to benefits payable in accordance with the scheme continues to be determined as if, while serving as an ECHR judge, his salary was that which would (but for section 18(4)) have been payable to him in respect of his continuing service as the holder of his judicial office.
Contributions
2
A pensions order may, in particular, make provision—
(a)
for any contributions which are payable by a person who remains a member of a scheme as a result of the order, and which would otherwise be payable by deduction from his salary, to be made otherwise than by deduction from his salary as an ECHR judge; and
(b)
for such contributions to be collected in such manner as may be determined by the administrators of the scheme.
Amendments of other enactments
3
A pensions order may amend any provision of, or made under, a pensions Act in such manner and to such extent as the Minister making the order considers necessary or expedient to ensure the proper administration of any scheme to which it relates.
Definitions
4
In this Schedule—
“appropriate Minister” means—
(a)
in relation to any judicial office whose jurisdiction is exercisable exclusively in relation to Scotland, the Secretary of State; and
(b)
otherwise, the Lord Chancellor;
“ECHR judge” means the holder of a judicial office who is serving as a judge of the Court;
“judicial pension scheme” means a scheme established by and in accordance with a pensions Act;
“pensions Act” means—
(a)
the [1959 c. 25 (N.I.).] County Courts Act Northern Ireland) 1959;
(b)
the [1961 c. 42.] Sheriffs’ Pensions (Scotland) Act 1961;
(c)
the [1981 c. 20.] Judicial Pensions Act 1981; or
(d)
the [1993 c. 8.] Judicial Pensions and Retirement Act 1993; and
“pensions order” means an order made under paragraphs
http://www.legislation.gov.uk/ukpga/1998/42/contents
——————————————————————
Data Protection Act 1998
“An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information. [16th July 1998]“
Part II – Rights of data subjects and others
Section 7 – Right of access to personal data.
(1)Subject to the following provisions of this section and to [F1sections 8, 9 and 9A], an individual is entitled—
(a)to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,
(b)if that is the case, to be given by the data controller a description of—
(i)the personal data of which that individual is the data subject,
(ii)the purposes for which they are being or are to be processed, and
(iii)the recipients or classes of recipients to whom they are or may be disclosed,
(c)to have communicated to him in an intelligible form—
(i)the information constituting any personal data of which that individual is the data subject, and
(ii)any information available to the data controller as to the source of those data, and
(d)where the processing by automatic means of personal data of which that individual is the data subject for
the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.
(2)A data controller is not obliged to supply any information under subsection (1) unless he has received—
(a)a request in writing, and
(b)except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.
F2 (3)Where a data controller—
(a)reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and
(b)has informed him of that requirement,
the data controller is not obliged to comply with the request unless he is supplied with that further information.]
(4)Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—
(a)the other individual has consented to the disclosure of the information to the person making the request, or
(b)it is reasonable in all the circumstances to comply with the request without the consent of the other individual.
(5)In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise.
(6)In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to—
(a)any duty of confidentiality owed to the other individual,
(b)any steps taken by the data controller with a view to seeking the consent of the other individual,
(c)whether the other individual is capable of giving consent, and
(d)any express refusal of consent by the other individual.
(7)An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description.
(8)Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day.
(9)If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in
contravention of those provisions, the court may order him to comply with the request.
(10)In this section—
“prescribed” means prescribed by the [F3 Secretary of State] by regulations;
“the prescribed maximum” means such amount as may be prescribed;
“the prescribed period” means forty days or such other period as may be prescribed;
“the relevant day”, in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).
(11)Different amounts or periods may be prescribed under this section in relation to different cases.
F4 (12)A person is a relevant person for the purposes of subsection (4)(c) if he—
(a)is a person referred to in paragraph 4(a) or (b) or paragraph 8(a) or (b) of Schedule 11;
(b)is employed by an education authority (within the meaning of paragraph 6 of Schedule 11) in pursuance of its functions relating to education and the information relates to him, or he supplied the information in his capacity as such an employee; or
(c)is the person making the request.]
F5 (12)A person is a relevant person for the purposes of subsection (4)(c) if he—
(a)is a person referred to in paragraph 1(p) or (q) of the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000; or
(b)is or has been employed by any person or body referred to in paragraph 1 of that Schedule in connection with functions which are or have been exercised in relation to the data consisting of the information; or
(c)has provided for reward a service similar to a service provided in the exercise of any functions specified in paragraph 1(a)(i), (b), (c) or (d) of that Schedule,
and the information relates to him or he supplied the information in his official capacity or, as the case may be, in connection with the provision of that service.]
Annotations:
Amendments (Textual)
F1Words in s. 7(1) substituted (30.11.2000 for certain purposes and otherwise 1.1.2005) by 2000 c. 36, ss. 69(1), 87(1)(3) (with ss. 7(1)(7),56, 78); S.I. 2004/1909, art. 2; S.I. 2004/3122, art. 2
F2S. 7(3) substituted (14.5.2001) by 2000 c. 36, s. 73, Sch. 6 para. 1 (with ss. 56, 78); S.I. 2001/1637, art. 2(d)
F3Words in s. 7 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)
F4S. 7(12) inserted after s. 7(11) (1.3.2000) by virtue of S.I. 2000/414, art. 7(2)
F5S. 7(12) inserted (1.3.2000) by S.I. 2000/415, art. 7(2)
Modifications etc. (not altering text)
C1S. 7 excluded (1.3.2000) by S.I. 2000/414, art. 5(1)
S. 7 modified (1.3.2000) by S.I. 2000/414, art. 6
S. 7 modified (1.3.2000) by S.I. 2000/191, reg. 4(1)
S. 7 excluded (1.3.2000) by S.I. 2000/413, art. 5(1)
S. 7 modified (1.3.2000) by S.I. 2000/413, arts. 6(1), 7(3)
S. 7 modified (1.3.2000) by S.I. 2000/415, art. 6
C2S. 7 excluded (1.3.2000) by The Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 (S.I. 2000/419), art. 2 Sch. (as amended (1.10.2009) by S.I. 2009/1892, art. 3, Sch. 3 para. 1)
C3S. 7(1) extended (1.3.2000) by S.I. 2000/191, reg. 2(2)
C4S. 7(1)(a)(b)(c) extended (1.3.2000) by S.I. 2000/191, reg. 2(1)
C5S. 7(1)(b)-(d) excluded (1.3.2000) by S.I. 2000/415, art. 5(1)
C6S. 7(4)(9) modified (1.3.2000) by S.I. 2000/413, art. 8(a)(b)
S. 7(4)(9) modified (1.3.2000) by S.I. 2000/414, art. 7(1)(a)(b)
S. 7(4)(9) modified (1.3.2000) by S.I. 2000/415, art. 7(1)(a)(b)
Commencement Information
I1S. 7 wholly in force at 1.3.2000; s. 7 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 7 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)
Section 8 – Provisions supplementary to section 7.
(1)The [F6 Secretary of State] may by regulations provide that, in such cases as may be prescribed, a request for information under any provision of subsection (1) of section 7 is to be treated as extending also to information under other provisions of that subsection.
(2)The obligation imposed by section 7(1)(c)(i) must be complied with by supplying the data subject with a copy of the information in permanent form unless—
(a)the supply of such a copy is not possible or would involve disproportionate effort, or
(b)the data subject agrees otherwise;
and where any of the information referred to in section 7(1)(c)(i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms.
(3)Where a data controller has previously complied with a request made under section 7 by an individual, the data controller is not obliged to comply with a subsequent identical or similar request under that section by that individual unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.
(4)In determining for the purposes of subsection (3) whether requests under section 7 are made at reasonable intervals, regard shall be had to the nature of the data, the purpose for which the data are processed and the frequency with which the data are altered.
(5)Section 7(1)(d) is not to be regarded as requiring the provision of information as to the logic involved in any decision-taking if, and to the extent that, the information constitutes a trade secret.
(6)The information to be supplied pursuant to a request under section 7 must be supplied by reference to the data in question at the time when the request is received, except that it may take account of any amendment or deletion made between that time and the time when the information is supplied, being an amendment or deletion that would have been made regardless of the receipt of the request.
(7)For the purposes of section 7(4) and (5) another individual can be identified from the information being disclosed if he can be identified from that information, or from that and any other information which, in the reasonable belief of the data controller, is likely to be in, or to come into, the possession of the data subject making the request.
Annotations:
Amendments (Textual)
F6Words in s. 8 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)
Commencement Information
I2S. 8 wholly in force at 1.3.2000; s. 8 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 8 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)
Section 9 – Application of section 7 where data controller is credit reference agency.
(1)Where the data controller is a credit reference agency, section 7 has effect subject to the provisions of this section.
(2)An individual making a request under section 7 may limit his request to personal data relevant to his financial standing, and shall be taken to have so limited his request unless the request shows a contrary intention.
(3)Where the data controller receives a request under section 7 in a case where personal data of which the individual making the request is the data subject are being processed by or on behalf of the data controller, the obligation to supply information under that section includes an obligation to give the individual making the request a statement, in such form as may be prescribed by the [F7 Secretary of State] by regulations, of the individual’s rights—
(a)under section 159 of the M1Consumer Credit Act 1974 , and
(b)to the extent required by the prescribed form, under this Act.
Annotations:
Amendments (Textual)
F7Words in s. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)
Commencement Information
I3S. 9 wholly in force at 1.3.2000; s. 9 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 9 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)
Marginal Citations
M11974 c. 39.
[F89AUnstructured personal data held by public authorities.
(1)In this section “unstructured personal data” means any personal data falling within paragraph (e) of the definition of “data” in section 1(1), other than information which is recorded as part of, or with the intention that it should form part of, any set of information relating to individuals to the extent that the set is structured by reference to individuals or by reference to criteria relating to individuals.
(2)A public authority is not obliged to comply with subsection (1) of section 7 in relation to any unstructured personal data unless the request under that section contains a description of the data.
(3)Even if the data are described by the data subject in his request, a public authority is not obliged to comply with subsection (1) of section 7 in relation to unstructured personal data if the authority estimates that the cost of complying with the request so far as relating to those data would exceed the appropriate limit.
(4)Subsection (3) does not exempt the public authority from its obligation to comply with paragraph (a) of section 7(1) in relation to the unstructured personal data unless the estimated cost of complying with that paragraph alone in relation to those data would exceed the appropriate limit.
(5)In subsections (3) and (4) “the appropriate limit” means such amount as may be prescribed by the [F9 Secretary of State]by regulations, and different amounts may be prescribed in relation to different cases.
(6)Any estimate for the purposes of this section must be made in accordance with regulations under section 12(5) of the Freedom of Information Act 2000.]
Annotations:
Amendments (Textual)
F8S. 9A inserted (30.11.2000 for certain purposes and otherwise 1.1.2005) by 2000 c. 36, ss. 69(2), 87(1)(3) (with ss. 56, 78); S.I. 2004/1909,art. 2; S.I. 2004/3122, art. 2 (s. 69(2) of the amending Act was itself amended (19.8.2003) by S.I. 2003/1887, art. 9, Sch. 2 para. 12(1)(b))
F9Words in s. 9A substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 paras. 9(1)(a), 12(1)(b)
Section 10 – Right to prevent processing likely to cause damage or distress.
(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—
(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and
(b)that damage or distress is or would be unwarranted.
(2)Subsection (1) does not apply—
(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or
(b)in such other cases as may be prescribed by the [F10 Secretary of State] by order.
(3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—
(a)stating that he has complied or intends to comply with the data subject notice, or
(b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.
(4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.
(5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.
Annotations:
Amendments (Textual)
F10Words in s. 10 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)
Commencement Information
I4S. 10 wholly in force at 1.3.2000; s. 10 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 10 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1
Section 11 – Right to prevent processing for purposes of direct marketing
(1)An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.
(2)If the court is satisfied, on the application of any person who has given a notice under subsection (1), that the data controller has failed to comply with the notice, the court may order him to take such steps for complying with the notice as the court thinks fit.
[F11(2A)This section shall not apply in relation to the processing of such data as are mentioned in paragraph (1) of regulation 8 of the Telecommunications (Data Protection and Privacy) Regulations 1999 (processing of telecommunications billing data for certain marketing purposes) for the purposes mentioned in paragraph (2) of that regulation.]
(3)In this section “direct marketing” means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.
Annotations:
Amendments (Textual)
F11S. 11(2A) inserted (1.3.2000) by S.I. 1999/2093, reg. 3(3), Sch. 1 Pt. II para. 3
Section 12 – Rights in relation to automated decision-taking.
(1)An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.
(2)Where, in a case where no notice under subsection (1) has effect, a decision which significantly affects an individual is based solely on such processing as is mentioned in subsection (1)—
(a)the data controller must as soon as reasonably practicable notify the individual that the decision was taken on that basis, and
(b)the individual is entitled, within twenty-one days of receiving that notification from the data controller, by notice in writing to require the data controller to reconsider the decision or to take a new decision otherwise than on that basis.
(3)The data controller must, within twenty-one days of receiving a notice under subsection (2)(b) (“the data subject notice”) give the individual a written notice specifying the steps that he intends to take to comply with the data subject notice.
(4)A notice under subsection (1) does not have effect in relation to an exempt decision; and nothing in subsection (2) applies to an exempt decision.
(5)In subsection (4) “exempt decision” means any decision—
(a)in respect of which the condition in subsection (6) and the condition in subsection (7) are met, or
(b)which is made in such other circumstances as may be prescribed by the [F12 Secretary of State] by order.
(6)The condition in this subsection is that the decision—
(a)is taken in the course of steps taken—
(i)for the purpose of considering whether to enter into a contract with the data subject,
(ii)with a view to entering into such a contract, or
(iii)in the course of performing such a contract, or
(b)is authorised or required by or under any enactment.
(7) The condition in this subsection is that either—
(a) the effect of the decision is to grant a request of the data subject, or
(b) steps have been taken to safeguard the legitimate interests of the data subject (for example, by allowing him to make representations).
(8) If a court is satisfied on the application of a data subject that a person taking a decision in respect of him (“the responsible person”) has failed to comply with subsection (1) or (2)(b), the court may order the responsible person to reconsider the decision, or to take a new decision which is not based solely on such processing as is mentioned in subsection (1).
(9) An order under subsection (8) shall not affect the rights of any person other than the data subject and the responsible person.
Annotations:
Amendments (Textual)
F12Words in s. 12 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)
Commencement Information
I5S. 12 wholly in force at 1.3.2000; s. 12 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 12 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)
[F1312A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F13S. 12A inserted (temp. from 1.3.2000 to 23.10.2007) by 1998 c. 29, s. 72, Sch. 13 para. 1; S.I. 2000/183, art. 2(1)
Section 13 - Compensation for failure to comply with certain requirements.
(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a) the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
(3) In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
Section 14 - Rectification, blocking, erasure and destruction.
(1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
(2) Subsection (1) applies whether or not the data accurately record information received or obtained by the
data controller from the data subject or a third party but where the data accurately record such information, then—
(a) if the requirements mentioned in paragraph 7 of Part II of Schedule 1 have been complied with, the court may, instead of making an order under subsection (1), make an order requiring the data to be supplemented by such statement of the true facts relating to the matters dealt with by the data as the court may approve, and
(b) if all or any of those requirements have not been complied with, the court may, instead of making an order under that subsection, make such order as it thinks fit for securing compliance with those requirements with or without a further order requiring the data to be supplemented by such a statement as is mentioned in paragraph (a).
(3) Where the court—
(a)makes an order under subsection (1), or
(b)is satisfied on the application of a data subject that personal data of which he was the data subject and which have been rectified, blocked, erased or destroyed were inaccurate,
it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.
(4)If a court is satisfied on the application of a data subject—
(a) that he has suffered damage by reason of any contravention by a data controller of any of the requirements of this Act in respect of any personal data, in circumstances entitling him to compensation under section 13, and
(b) that there is a substantial risk of further contravention in respect of those data in such circumstances,
the court may order the rectification, blocking, erasure or destruction of any of those data.
(5) Where the court makes an order under subsection (4) it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.
(6) In determining whether it is reasonably practicable to require such notification as is mentioned in subsection (3) or (5) the court shall have regard, in particular, to the number of persons who would have to be notified.
Section 15 - Jurisdiction and procedure.
(1) The jurisdiction conferred by sections 7 to 14 is exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.
(2) For the purpose of determining any question whether an applicant under subsection (9) of section 7 is entitled to the information which he seeks (including any question whether any relevant data are exempt from that section by virtue of Part IV) a court may require the information constituting any data processed by or on behalf of the data controller and any information as to the logic involved in any decision-taking as mentioned in section 7(1)(d) to be made available for its own inspection but shall not, pending the determination of that question in the applicant’s favour, require the information sought by the applicant to be disclosed to him or his representatives whether by discovery (or, in Scotland, recovery) or otherwise.
SCHEDULE 1 - The data protection principles
Part I - The principles
1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4 Personal data shall be accurate and, where necessary, kept up to date.
5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6 Personal data shall be processed in accordance with the rights of data subjects under this Act.
7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8 Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Part II - Interpretation of the principles in Part I
The first principle
Section 1
(1) In determining for the purposes of the first principle whether personal data are processed fairly, regard is to be had to the method by which they are obtained, including in particular whether any person from whom they are obtained is deceived or misled as to the purpose or purposes for which they are to be processed.
(2)Subject to paragraph 2, for the purposes of the first principle data are to be treated as obtained fairly if they consist of information obtained from a person who—
(a)is authorised by or under any enactment to supply it, or
(b)is required to supply it by or under any enactment or by any convention or other instrument imposing an international obligation on the United Kingdom.
Section 2
(1)Subject to paragraph 3, for the purposes of the first principle personal data are not to be treated as processed fairly unless—
(a)in the case of data obtained from the data subject, the data controller ensures so far as practicable that the data subject has, is provided with, or has made readily available to him, the information specified in sub-paragraph (3), and
(b)in any other case, the data controller ensures so far as practicable that, before the relevant time or as soon as practicable after that time, the data subject has, is provided with, or has made readily available to him, the information specified in sub-paragraph (3).
(2)In sub-paragraph (1)(b) “the relevant time” means—
(a)the time when the data controller first processes the data, or
(b)in a case where at that time disclosure to a third party within a reasonable period is envisaged—
(i)if the data are in fact disclosed to such a person within that period, the time when the data are first disclosed,
(ii)if within that period the data controller becomes, or ought to become, aware that the data are unlikely to be disclosed to such a person within that period, the time when the data controller does become, or ought to become, so aware, or
(iii)in any other case, the end of that period.
(3)The information referred to in sub-paragraph (1) is as follows, namely—
(a)the identity of the data controller,
(b)if he has nominated a representative for the purposes of this Act, the identity of that representative,
(c)the purpose or purposes for which the data are intended to be processed, and
(d)any further information which is necessary, having regard to the specific circumstances in which the data are or are to be processed, to enable processing in respect of the data subject to be fair.
Section 3
(1)Paragraph 2(1)(b) does not apply where either of the primary conditions in sub-paragraph (2), together with such further conditions as may be prescribed by the [F1 Secretary of State] by order, are met.
(2)The primary conditions referred to in sub-paragraph (1) are—
(a)that the provision of that information would involve a disproportionate effort, or
(b)that the recording of the information to be contained in the data by, or the disclosure of the data by, the data controller is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.
Annotations:
Amendments (Textual)
F1Words in Sch. 1 Pt. 2 para. 3 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9,Sch. 2 para. 9(1)(b)
Commencement Information
I1Sch. 1 Pt. II para. 3 wholly in force at 1.3.2000; Sch. 1 Pt. II para. 3 in force for certain purposes at Royal Assent see s. 75(2)(i); Sch. 1 Pt. II para. 3 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)
Section4
(1) Personal data which contain a general identifier falling within a description prescribed by the [F2 Secretary of State] by order are not to be treated as processed fairly and lawfully unless they are processed in compliance with any conditions so prescribed in relation to general identifiers of that description.
(2)In sub-paragraph (1) “a general identifier” means any identifier (such as, for example, a number or code used for identification purposes) which—
(a)relates to an individual, and
(b)forms part of a set of similar identifiers which is of general application.
Annotations:
Amendments (Textual)
F2Words in Sch. 1 Pt. 2 para. 4 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9,Sch. 2 para. 9(1)(b)
Commencement Information
I2Sch. 1 Pt. II para. 4 wholly in force at 1.3.2000; Sch. 1 Pt. II para. 4 in force for certain purposes at Royal Assent see s. 75(2)(i); Sch. 1 Pt. II para. 4 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)
The second principle
Section 5
The purpose or purposes for which personal data are obtained may in particular be specified—
(a)in a notice given for the purposes of paragraph 2 by the data controller to the data subject, or
(b)in a notification given to the Commissioner under Part III of this Act.
Section 6
In determining whether any disclosure of personal data is compatible with the purpose or purposes for which the data were obtained, regard is to be had to the purpose or purposes for which the personal data are intended to be processed by any person to whom they are disclosed.
The fourth principle
Section 7
The fourth principle is not to be regarded as being contravened by reason of any inaccuracy in personal data which accurately record information obtained by the data controller from the data subject or a third party in a case where—
(a)having regard to the purpose or purposes for which the data were obtained and further processed, the data controller has taken reasonable steps to ensure the accuracy of the data, and
(b)if the data subject has notified the data controller of the data subject’s view that the data are inaccurate, the data indicate that fact.
The sixth principle
Section 8
A person is to be regarded as contravening the sixth principle if, but only if—
(a)he contravenes section 7 by failing to supply information in accordance with that section,
(b)he contravenes section 10 by failing to comply with a notice given under subsection (1) of that section to the extent that the notice is justified or by failing to give a notice under subsection
(3) of that section,
(c)he contravenes section 11 by failing to comply with a notice given under subsection (1) of that section, or
(d)he contravenes section 12 by failing to comply with a notice given under subsection (1) or
(2)(b) of that section or by failing to give a notification under subsection (2)(a) of that section or a notice under subsection (3) of that section.
The seventh principle
Section 9
Having regard to the state of technological development and the cost of implementing any measures, the measures must ensure a level of security appropriate to—
(a)the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage as are mentioned in the seventh principle, and
(b)the nature of the data to be protected.
Section 10
The data controller must take reasonable steps to ensure the reliability of any employees of his who have access to the personal data.
Section 11
Where processing of personal data is carried out by a data processor on behalf of a data controller, the data controller must in order to comply with the seventh principle—
(a)choose a data processor providing sufficient guarantees in respect of the technical and organisational security measures governing the processing to be carried out, and
(b)take reasonable steps to ensure compliance with those measures.
Section 12
Where processing of personal data is carried out by a data processor on behalf of a data controller, the data controller is not to be regarded as complying with the seventh principle unless—
(a)the processing is carried out under a contract—
(i)which is made or evidenced in writing, and
(ii)under which the data processor is to act only on instructions from the data controller, and
(b)the contract requires the data processor to comply with obligations equivalent to those imposed on a data controller by the seventh principle.
The eighth principle
Section 13
An adequate level of protection is one which is adequate in all the circumstances of the case, having regard in particular to—
(a)the nature of the personal data,
(b)the country or territory of origin of the information contained in the data,
(c)the country or territory of final destination of that information,
(d)the purposes for which and period during which the data are intended to be processed,
(e)the law in force in the country or territory in question,
(f)the international obligations of that country or territory,
(g)any relevant codes of conduct or other rules which are enforceable in that country or territory (whether generally or by arrangement in particular cases), and
(h)any security measures taken in respect of the data in that country or territory.
Section 14
The eighth principle does not apply to a transfer falling within any paragraph of Schedule 4, except in such circumstances and to such extent as the [F3 Secretary of State] may by order provide.
Annotations:
Amendments (Textual)
F3Words in Sch. 1 Pt. 2 para. 14 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9,Sch. 2 para. 9(1)(b)
Commencement Information
I3Sch. 1 Pt. II para. 14 wholly in force at 1.3.2000; Sch. 1 Pt. II para. 14 in force for certain purposes at Royal Assent see s. 75(2)(i); Sch. 1 Pt. II para. 14 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)
Section 15
(1)Where—
(a)in any proceedings under this Act any question arises as to whether the requirement of the eighth principle as to an adequate level of protection is met in relation to the transfer of any personal data to a country or territory outside the European Economic Area, and
(b)a Community finding has been made in relation to transfers of the kind in question,
that question is to be determined in accordance with that finding.
(2)In sub-paragraph (1) “Community finding” means a finding of the European Commission, under the procedure provided for in Article 31(2) of the Data Protection Directive, that a country or territory outside the European Economic Area does, or does not, ensure an adequate level of protection within the meaning of Article 25(2) of the Directive.
http://www.legislation.gov.uk/ukpga/1998/29/introduction
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Freedom of Information Act 2000
“An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes. [30th November 2000]“
General right of access to information held by public authorities
Section 1
(1)Any person making a request for information to a public authority is entitled—.
(a)to be informed in writing by the public authority whether it holds information of the description specified in the request, and.
(b)if that is the case, to have that information communicated to him..
(2)Subsection (1) has effect subject to the following provisions of this section and to the provisions of sections 2, 9, 12 and 14..
(3)Where a public authority—.
(a)reasonably requires further information in order to identify and locate the information requested, and.
(b)has informed the applicant of that requirement,.
the authority is not obliged to comply with subsection (1) unless it is supplied with that further information.
Refusal of request
Section 17
(1)A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision of Part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which—.
(a)states that fact,.
(b)specifies the exemption in question, and.
(c)states (if that would not otherwise be apparent) why the exemption applies..
(2)Where—.
(a)in relation to any request for information, a public authority is, as respects any information, relying on a claim—.
(i)that any provision of Part II which relates to the duty to confirm or deny and is not specified in section 2(3) is relevant to the request, or.
(ii)that the information is exempt information only by virtue of a provision not specified in section 2(3), and.
(b)at the time when the notice under subsection (1) is given to the applicant, the public authority (or, in a case falling within section 66(3) or (4), the responsible authority) has not yet reached a decision as to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the application of that provision has yet been reached and must contain an estimate of the date by which the authority expects that such a decision will have been reached.
(3)A public authority which, in relation to any request for information, is to any extent relying on a claim that subsection (1)(b) or (2)(b) of section 2 applies must, either in the notice under subsection (1) or in a separate notice given within such time as is reasonable in the circumstances, state the reasons for claiming—.
(a)that, in all the circumstances of the case, the public interest in maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the authority holds the information, or.
(b)that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information..
(4)A public authority is not obliged to make a statement under subsection (1)(c) or (3) if, or to the extent that, the statement would involve the disclosure of information which would itself be exempt information..
(5)A public authority which, in relation to any request for information, is relying on a claim that section 12 or 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact..
(6)Subsection (5) does not apply where—.
(a)the public authority is relying on a claim that section 14 applies,.
(b)the authority has given the applicant a notice, in relation to a previous request for information, stating that it is relying on such a claim, and.
(c)it would in all the circumstances be unreasonable to expect the authority to serve a further notice under subsection (5) in relation to the current request..
(7)A notice under subsection (1), (3) or (5) must—.
(a)contain particulars of any procedure provided by the public authority for dealing with complaints about the handling of requests for information or state that the authority does not provide such a procedure, and.
(b)contain particulars of the right conferred by section 50.
Application to government departments, etc
Section 81
(1)For the purposes of this Act each government department is to be treated as a person separate from any other government department..
(2)Subsection (1) does not enable—.
(a)a government department which is not a Northern Ireland department to claim for the purposes of section 41(1)(b) that the disclosure of any information by it would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department), or.
(b)a Northern Ireland department to claim for those purposes that the disclosure of information by it would constitute a breach of confidence actionable by any other Northern Ireland department..
(3)A government department [F1or the Welsh Assembly Government] is not liable to prosecution under this Act, but section 77 and paragraph 12 of Schedule 3 apply to a person in the public service of the Crown as they apply to any other person..
(4)The provisions specified in subsection (3) also apply to a person acting on behalf of either House of Parliament or on behalf of the Northern Ireland Assembly [F2or the National Assembly for Wales] as they apply to any other person.
http://www.legislation.gov.uk/ukpga/2000/36/introduction
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Terrorism Act 2000
Section 13
Uniform
(1)A person in a public place commits an offence if he—.
(a)wears an item of clothing, or.
(b)wears, carries or displays an article, in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
(2)A constable in Scotland may arrest a person without a warrant if he has reasonable grounds to suspect that the person is guilty of an offence under this section..
(3)A person guilty of an offence under this section shall be liable on summary conviction to—.
(a)imprisonment for a term not exceeding six months,.
(b)a fine not exceeding level 5 on the standard scale, or.
(c)both.
Arrest without warrant
Section 41
(1)A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist..
(2)Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply..
(3)Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—.
(a)with the time of his arrest under this section, or.
(b)if he was being detained under Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began..
(4)If on a review of a person’s detention under Part II of Schedule 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released..
(5)Where a police officer intends to make an application for a warrant under paragraph 29 of Schedule 8 extending a person’s detention, the person may be detained pending the making of the application..
(6)Where an application has been made under paragraph 29 or 36 of Schedule 8 in respect of a person’s detention, he may be detained pending the conclusion of proceedings on the application..
(7)Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect of a person’s detention, he may be detained, subject to paragraph 37 of that Schedule, during the period specified in the warrant..
(8)The refusal of an application in respect of a person’s detention under paragraph 29 or 36 of Schedule 8 shall not prevent his continued detention in accordance with this section..
(9)A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.
Search of persons
Section 43
(1)A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist..
(2)A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist..
(3)A search of a person under this section must be carried out by someone of the same sex..
(4)A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist..
(5)A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
Power to stop and search
Section 44 Authorisations
(1)An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation and to search—.
(a)the vehicle;.
(b)the driver of the vehicle;.
(c)a passenger in the vehicle;.
(d)anything in or on the vehicle or carried by the driver or a passenger..
(2)An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search—.
(a)the pedestrian;.
(b)anything carried by him..
(3)An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism..
(4)An authorisation may be given—.
(a)where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
(b)where the specified area or place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;.
(c)where the specified area or place is the whole or part of the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;.
(d)where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable..
(5)If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable..
Exercise of power
Section 45
(1)The power conferred by an authorisation under section 44(1) or (2)—.
(a)may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and.
(b)may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind..
(2)A constable may seize and retain an article which he discovers in the course of a search by virtue of section 44(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism..
(3)A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves..
(4)Where a constable proposes to search a person or vehicle by virtue of section 44(1) or (2) he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped..
(5)Where—
(a)a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and.
(b)the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),.
the written statement shall be provided.
(6)An application under subsection (5) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.
SCHEDULE 8, Section 41
Rights: England, Wales and Northern Ireland
Section 6
(1)Subject to paragraph 8, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there..
(2)The person named must be—.
(a)a friend of the detained person,.
(b)a relative, or.
(c)a person who is known to the detained person or who is likely to take an interest in his welfare..
(3)Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred..
Section 7
(1)Subject to paragraphs 8 and 9, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time..
(2)Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded..
Section 8
(1)Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay—.
(a)in informing the person named by a detained person under paragraph 6;.
(b)in permitting a detained person to consult a solicitor under paragraph 7..
(2)But where a person is detained under section 41 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in subsection (3) of that section..
(3)Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—.
(a)in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in sub-paragraph (4), or.
(b)in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4)..
(4)Those consequences are—.
(a)interference with or harm to evidence of a serious arrestable offence,.
(b)interference with or physical injury to any person,.
(c)the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it,.
(d)the hindering of the recovery of property obtained as a result of a serious arrestable offence or in respect of which a forfeiture order could be made under section 23,.
(e)interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,.
(f)the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and.
(g)the alerting of a person and thereby making it more difficult to secure a person’s apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism..
(5)An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—.
(a)the detained person has committed an offence to which Part VI of the [1988 c. 33.] Criminal Justice Act 1988, Part I of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995, or the [S.I. 1996/1299 (N.I. 9).] Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,.
(b)the detained person has benefited from the offence within the meaning of that Part or Order, and.
(c)by informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or by the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)), the recovery of the value of that benefit will be hindered..
(6)If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable..
(7)Where an authorisation under sub-paragraph (1) is given—.
(a)the detained person shall be told the reason for the delay as soon as is reasonably practicable, and.
(b)the reason shall be recorded as soon as is reasonably practicable..
(8)Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1)..
(9)In this paragraph “serious arrestable offence” has the meaning given by section 116 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the [S.I. 1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes—.
(a)an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and.
(b)an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a)..
Section 9
(1)A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 7 may consult a solicitor only in the sight and hearing of a qualified officer..
(2)A direction under this paragraph may be given—.
(a)where the person is detained at a police station in England or Wales, by an officer of at least the rank of Commander or Assistant Chief Constable, or.
(b)where the person is detained at a police station in Northern Ireland, by an officer of at least the rank of Assistant Chief Constable..
(3)A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4) or the consequence specified in paragraph 8(5)(c)..
(4)In this paragraph “a qualified officer” means a police officer who—.
(a)is of at least the rank of inspector,.
(b)is of the uniformed branch of the force of which the officer giving the direction is a member, and.
(c)in the opinion of the officer giving the direction, has no connection with the detained person’s case..
(5)A direction under this paragraph shall cease to have effect once the reason for giving it ceases to subsist..
Section 10
(1)This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41..
(2)Fingerprints may be taken from the detained person only if they are taken by a constable—.
(a)with the appropriate consent given in writing, or.
(b)without that consent under sub-paragraph (4)..
(3)A non-intimate sample may be taken from the detained person only if it is taken by a constable—.
(a)with the appropriate consent given in writing, or.
(b)without that consent under sub-paragraph (4)..
(4)Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—.
(a)he is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken, or.
(b)he has been convicted of a recordable offence and, where a non-intimate sample is to be taken, he was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland)..
(5)An intimate sample may be taken from the detained person only if—.
(a)he is detained at a police station,.
(b)the appropriate consent is given in writing,.
(c)a police officer of at least the rank of superintendent authorises the sample to be taken, and.
(d)subject to paragraph 13(2) and (3), the sample is taken by a constable..
(6)An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—.
(a)in the case of a person detained under section 41, the officer reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a), and the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or.
(b)in any case, the officer is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 40(1)(b)..
(7)If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable..
Section 11
(1)Before fingerprints or a sample are taken from a person under paragraph 10, he shall be informed—.
(a)that the fingerprints or sample may be used for the purposes of paragraph 14(4), section 63A(1) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 and Article 63A(1) of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and.
(b)where the fingerprints or sample are to be taken under paragraph 10(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample..
(2)Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 10(4)(a) or (5)(c), he shall be informed—.
(a)that the authorisation has been given,.
(b)of the grounds upon which it has been given, and.
(c)where relevant, of the nature of the offence in which it is suspected that he has been involved..
(3)After fingerprints or a sample are taken under paragraph 10, there shall be recorded as soon as is reasonably practicable any of the following which apply—.
(a)the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),.
(b)the reason referred to in sub-paragraph (1)(b),.
(c)the authorisation given under paragraph 10(4)(a) or (5)(c),.
(d)the grounds upon which that authorisation has been given, and.
(e)the fact that the appropriate consent has been given..
Section 12
(1)This paragraph applies where—.
(a)two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 10,.
(b)those samples have proved insufficient, and.
(c)the person has been released from detention..
(2)An intimate sample may be taken from the person if—.
(a)the appropriate consent is given in writing,.
(b)a police officer of at least the rank of superintendent authorises the sample to be taken, and.
(c)subject to paragraph 13(2) and (3), the sample is taken by a constable..
(3)Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken..
Section 13
(1)Where appropriate written consent to the taking of an intimate sample from a person under paragraph 10 or 12 is refused without good cause, in any proceedings against that person for an offence—.
(a)the court, in determining whether to commit him for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper, and.
(b)the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper..
(2)An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable..
(3)An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable..
(4)Where a sample of hair other than pubic hair is to be taken under paragraph 10 the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample..
Section 14
(1)This paragraph applies to—.
(a)fingerprints or samples taken under paragraph 10 or 12, and.
(b)information derived from those samples..
(2)The fingerprints, samples or information may be used only for the purpose of a terrorist investigation..
(3)In particular, a check may not be made against them under—.
(a)section 63A(1) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or.
(b)Article 63A(1) of the [S.I. 1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples),.
except for the purpose of a terrorist investigation.
(4)The fingerprints, samples or information may be checked, subject to sub-paragraph
(2), against—.
(a)other fingerprints or samples taken under paragraph 10 or 12 or information derived from those samples,.
(b)relevant physical data or samples taken by virtue of paragraph 20,.
(c)any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (checking of fingerprints and samples),.
(d)any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and.
(e)fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 or information derived from those samples..
(5)This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 and information derived from those samples as it applies to fingerprints or samples taken under paragraph 10 or 12 and the information derived from those samples..
Section 15
(1)In the application of paragraphs 10 to 14 in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (Part V definitions)—.
(a)“appropriate consent”,.
(b)“fingerprints”,.
(c)“insufficient”,.
(d)“intimate sample”,.
(e)“non-intimate sample”,.
(f)“registered dentist”, and.
(g)“sufficient”..
(2)In the application of paragraphs 10 to 14 in relation to a person detained in Northern Ireland the expressions listed in sub-paragraph (1) shall have the meaning given by Article 53 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions)..
(3)In paragraph 10 “recordable offence” shall have—.
(a)in relation to a person detained in England or Wales, the meaning given by section 118(1) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (general interpretation), and.
(b)in relation to a person detained in Northern Ireland, the meaning given by Article 2(2) of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).
SCHEDULE 12
Right to compensation
Section 1
(1)This paragraph applies where under Part VII of this Act—.
(a)real or personal property is taken, occupied, destroyed or damaged, or.
(b)any other act is done which interferes with private rights of property..
(2)Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—.
(a)has an estate or interest in the property or is entitled to the rights, and.
(b)suffers loss or damage as a result of the act..
Section 2
No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify..
Time limit
Section 3
(1)Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act..
(2)The Secretary of State may, in response to a request made to him in writing, permit an application to be made—.
(a)after the expiry of the period mentioned in sub-paragraph (1), and.
(b)within such longer period, starting from the date of the act and not exceeding six months, as he may specify..
(3)Where the Secretary of State refuses a request under sub-paragraph (2)—.
(a)he shall serve a notice of refusal on the person who made the request,.
(b)that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and.
(c)the county court may exercise the power of the Secretary of State under sub-paragraph (2)..
Determination
Section 4
Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—.
(a)stating that he has decided to award compensation and specifying the amount of the award, or.
(b)stating that he has decided to refuse the application..
Section 5
(1)An applicant may appeal to the county court against—.
(a)the amount of compensation awarded, or.
(b)the refusal of compensation..
(2)An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4..
Section 6
(1)This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—.
(a)knowingly made a false or misleading statement,.
(b)made a statement which he did not believe to be true, or.
(c)knowingly failed to disclose a material fact..
(2)The Secretary of State may—.
(a)refuse to award compensation,.
(b)reduce the amount of compensation which he would otherwise have awarded, or.
(c)withhold all or part of compensation which he has awarded..
Section 7
Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.
http://www.legislation.gov.uk/ukpga/2000/11/contents/enacted
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Police and Criminal Evidence Act 1984
“An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes. [31st October 1984]“
PART I
POWERS TO STOP AND SEARCH
Section 1
(3) This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles.
(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the ‘ exercise of the power conferred by this section unless the constable has reasonable grounds for believing-
(a) that he does not reside in the dwelling ; and
(b) that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing-
(a) that the person in charge of the vehicle does not reside in the dwelling ; and
(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(9) Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed-
(a) as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves ; or
(b) as authorising a constable not in uniform to stop a vehicle.
Section 3(3) The record of a search of a person shall include a note of his name, if the constable knows it, but a constable may not detain a person to find out his name.
PART II
POWERS OF ENTRY, SEARCH AND SEIZURE
Section 8
1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing-
(a) that a serious arrestable offence has been committed ; and
(b) that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
(c) that the material is likely to be relevant evidence ; and
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e) that any of the conditions specified in subsection (3) below applies, he may issue a warrant authorising a constable to enter and search the premises.
Section 16
(1) A warrant to enter and search premises may be executed by any constable.
(2) Such a warrant may authorise persons to accompany any constable who is executing it.
(3) Entry and search under a warrant must be within one month from the date of its issue.
(4) Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
(5) Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable-
(a) shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable ;
(b) shall produce the warrant to him ; and
(c) shall supply him with a copy of it.
(6) Where-
(a) the occupier of such premises is not present at the time when a constable seeks to execute such a warrant ; but
(b) some other person who appears to the constable to be in charge of the premises is present, subsection ‘ (5) above shall have effect as if any reference to the occupier were a reference to that other person.
(7) If there is no person present who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.
(8) A search under a warrant may only be a search to the extent required for the’purpose for which the warrant was issued.
(9) A constable executing a warrant shall make an endorsement on it stating-
(a) whether the articles or persons sought were found ; and
(b) whether any articles were seized, other than articles which were sought.
(10) A warrant which-
(a) has been executed ; or
(b) has not been executed within the time authorised for its execution, shall be returned- (i) if it was issued by a justice of the peace, to the clerk to the justices for the petty sessions area for which he acts ; and (ii) if it was issued by a judge, to the appropriate officer of the court from which he issued it.
(11) A warrant which is returned under subsection (10) above shall be retained for 12 months from its return-
(a) by the clerk to the justices, if it was returned under paragraph (i) of that subsection ; and
(b) by the appropriate officer, if it was returned under paragraph (ii).
(12) If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, he shall be allowed to do so.
Entry and search without search warrant
Section 17
(1) Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose-
(a) of executing-
(i) a warrant of arrest issued in connection with or arising out of criminal proceedings ; or
(ii) a warrant of commitment issued under section 76 of the Magistrates’ Courts Act 1980;
(b) of arresting a person for an arrestable offence ;
(c) of arresting a person for an offence under-
(i) section 1 (prohibition of uniforms in connection with political objects), 4 (prohibition of offensive weapons at public meetings and processions) or 5 (prohibition of offensive conduct conducive to breaches of the peace) of the Public Order Act 1936 ;
(ii) any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property) ;
(d) of recapturing a person who is unlawfully at large and whom he is pursuing ; or
(e) of saving life or limb or preventing serious damage to property.
(2) Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section-
(a) are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises ; and
(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search-
(i) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling ; and
(ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.
(3) The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) above by a constable in uniform.
(4) The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
(5) Subject to subsection (6) below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.
(6) Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.
Section 22
(2) Without prejudice to the generality of subsection above-
(a) anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below-
(i) for use as evidence at a trial for an offence ; or
(ii) for forensic examination or for investigation in connection with an offence ; and
(3) Nothing seized on the ground that it may be used-
(a) to cause physical injury to any person ;
(b) to damage property ;
(c) to interfere with evidence ; or
(d) to assist in escape from police detention or lawful custody,
may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
(4) Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.
Section 28
(1) Subject to subsection (5) below, where a person is Information arrested, otherwise than by being informed that he is under arrest, to be given the arrest is not lawful unless the person arrested is informed on arrest that he is under arrest as soon as is practicable after his arrest.
(2) Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.
(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.
(4) Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.
(5) Nothing in this section is to be taken to require a person to be informed-
(a) that he is under arrest ; or
(b) of the ground for the arrest, if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.
Section 32
(4) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.
Section 64
(1) If-
(a) fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
(b) he is cleared of that offence, they must be destroyed as soon as is practicable after the conclusion of the proceedings.
(2) If-
(a) fingerprints or samples are taken from a person in connection with such an investigation ; and
(b) it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable, they must be destroyed as soon as is practicable after that decision is taken.
(3) If-
(a) fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
(b) that person is not suspected of having committed the offence, they must be destroyed as soon as they have fulfilled the purpose for which they were taken.
(4) Proceedings which are discontinued are to be treated as concluded for the purposes of this section.
(5) If fingerprints are destroyed, any copies of them shall also be destroyed.
(6) A person who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.
(7) Nothing in this section-
(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971 ; or
(b) applies to a person arrested or detained under the terrorism provisions.
http://www.legislation.gov.uk/ukpga/1984/60/pdfs/ukpga_19840060_en.pdf
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>>> Continued on Part 2 <<<
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