The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2020

Statutory Instruments

2020 No. 688

Police

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2020

Made

29th June 2020

Laid before Parliament

7th July 2020

Coming into force

30th October 2020

The Secretary of State makes the following Order in exercise of the powers conferred by section 25(1) of the Protection of Freedoms Act 2012(1).

Citation and commencement

1.  This Order may be cited as the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2020 and comes into force on 30th October 2020.

Amendment of the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

2.—(1) The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013(2) is amended as follows.

(2) In article 7A (Northern Ireland material), for “2020” substitute “2022”.

Robin Walker

Minister of State

Northern Ireland Office

29th June 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends by two years the duration of transitional provision for Northern Ireland in connection with the coming into force of Chapter 1 of Part 1 of the Protection of Freedoms Act 2012 (c. 9) (“the Act”) (destruction, retention and use of biometric data).

Articles 7, 7A and 7B of the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013 (SI 2013/1813) (“the 2013 Order”) provide that material taken, held or (in the case of a DNA profile) derived from a sample taken in Northern Ireland, under the Terrorism Act 2000 (c. 11), the Counter-Terrorism Act 2008 (c. 28) or the Terrorism Prevention and Investigation Measures Act 2011 (c. 23) before the coming into force of Chapter 1 of Part 1 of the Act (“pre-commencement material”) is not subject to the relevant destruction requirements contained in Schedule 1 to the Act until 31st October 2020.

Article 2 of this Order amends article 7A of the 2013 Order. This extends by two years the transitional period in respect of Northern Ireland pre-commencement material, with the effect that such material is not subject to the destruction requirements contained in Schedule 1 to the Act until 31st October 2022.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2012 c. 9.

(2)

S.I. 2013/1813, amended by S.I. 2015/1739, 2016/682 and 2018/657; there are other amending instruments, but none is relevant.