9.—(1) Subject to the provisions of paragraphs (3) and (4) a[F1 bodily sample] which is required to be taken from any person for the purpose of giving effect to a direction under Article 8 shall not be taken from that person except with his consent.
(2) The consent of a minor who has attained the age of sixteen years to the taking from himself of a[F1 bodily sample] shall be as effective as it would be if he were of full age; and where a minor has by virtue of this paragraph given an effective consent to the taking of a[F1 bodily sample] it shall not be necessary to obtain any consent for it from any other person.
(3) A[F1 bodily sample] may be taken from a person under the age of sixteen years, not being such a person as is referred to in paragraph (4)
[F2(a)if the person who has the care and control of him consents; or
(b)where that person does not consent, if the court considers that it would be in his best interests for the sample to be taken.]
(4) A[F1 bodily sample] may be taken from a person who is suffering from mental disorder within the meaning of the Mental Health[F3 (Northern Ireland) Order 1986] and is incapable of understanding the nature and purpose of[F1 scientific tests] if the person who has the care and control of him consents and the medical practitioner in whose care he is has certified that the taking of a[F1 bodily sample] from him will not be prejudicial to his proper care and treatment.
(5) The foregoing provisions of this Article are without prejudice to the provisions of Article 11.