The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crime and Security Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
(1)The Counter-Terrorism Act 2008 is amended as follows.
(2)In section 11—
(a)in subsection (6), for the words from “may be retained” to the end there is substituted “ must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order ”;
(b)after subsection (6) there is inserted—
“(6A)Subsection (6) applies only if the person to whom the data, sample or information relates has no previous convictions or only one exempt conviction.
(6B)For the purpose of subsection (6A), a person has no previous convictions or only one exempt conviction if the person would have no previous convictions or only one exempt conviction for the purposes of paragraphs 20B to 20E of Schedule 8 to the Terrorism Act 2000 (see paragraph 20F of that Schedule).
(6C)Where something is required to be destroyed under subsection (6)—
(a)in any case (except a DNA profile), any copies of the thing must also be destroyed,
(b)in the case of a DNA profile, no copy may be kept except in a form that does not include information which identifies the person to whom the profile relates.
(6D)If a person makes a request to the chief constable to be notified when anything relating to the person is destroyed under subsection (6), the chief constable or a person authorised by the chief constable (or on the chief constable's behalf) must within 3 months of the request issue the person with a certificate recording the destruction.
(6E)The references in subsection (6D) to the chief constable are to be construed in accordance with section 11A(6).”;
(c)in subsection (7), after paragraph (a) there is inserted—
“(aa)any material to which paragraph 14 or 20(3) of Schedule 8 to the Terrorism Act 2000 applies,”;
(d)in subsection (8)—
(i)after the opening words there is inserted—
““DNA profile” has the meaning given by section 11A(9)”;
(ii)the definition of “terrorist investigation” is repealed.
(3)After section 11 there is inserted—
(1)This section applies to the following material if it is required to be destroyed under section 11(6)—
(a)relevant physical data or samples, and
(b)a DNA profile derived from a DNA sample falling within paragraph (a).
(2)Material to which this section applies may be retained—
(a)if (at any time) the person to whom it relates consents in writing to its retention, and
(b)for as long as the consent is not withdrawn.
(3)Material to which this section applies may be retained without limit of time if, before the material would (but for this section) be required to be destroyed under section 11(6), the person to whom it relates is convicted of—
(a)an offence in Scotland which is punishable by imprisonment, or
(b)a recordable offence in England and Wales or Northern Ireland (as falling to be construed for the purposes of paragraphs 20B to 20E of Schedule 8 to the Terrorism Act 2000 (see paragraph 20F(2) of that Schedule)).
(4)Material to which this section applies may be retained—
(a)if the chief constable determines that it is necessary for the material to be retained for the purposes of national security, and
(b)for as long as the determination has effect.
(5)A determination mentioned in subsection (4)—
(a)has effect for a maximum of 2 years beginning with the date on which the material would (but for this section) be required to be destroyed under section 11(6), and
(b)may be renewed.
(6)The reference in subsection (4) to the chief constable is a reference to the chief constable of the police force—
(a)of which the constable who took (or directed the taking of) the material was a member, or
(b)in the case of a DNA profile, of which the constable who took (or directed the taking of) the sample from which the profile derived was a member.
(7)Material retained under section 11 or this section must not be used other than—
(a)in the interests of national security, or
(b)for the purposes of a terrorist investigation.
(8)Section 11(6) is subject to this section.
(9)In this section—
“DNA profile” means any information derived from a DNA sample;
“DNA sample” means any material that has come from a human body and consists of or includes human cells;
“terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: