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(1)Subject to the provisions of subsections (3) and (4) of this section, a [F1bodily sample] which is required to be taken from any person for the purpose of giving effect to a direction under section 20 of this Act 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 [F1bodily sample] shall be as effective as it would be if he were of full age; and where a minor has by virtue of this subsection given an effective consent to the taking of a [F1bodily sample] it shall not be necessary to obtain any consent for it from any other person.
(3)A [F1bodily sample] may be taken from a person under the age of sixteen years, not being such a person as is referred to in subsection (4) of this section,.
[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 [F1bodily sample] may be taken from a person who is suffering from mental disorder within the meaning of the [F3M1Mental Health Act 1983] and is incapable of understanding the nature and purpose of [F4scientific 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 [F1bodily sample] from him will not be prejudicial to his proper care and treatment.
(5)The foregoing provisions of this section are without prejudice to the provisions of section 23 of this Act.
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