The Crime and Security Act 2010 (Commencement No.1) (Northern Ireland) Order 2021

Statutory Rules of Northern Ireland

2021 No. 135 (C. 3)

Justice

The Crime and Security Act 2010 (Commencement No.1) (Northern Ireland) Order 2021

Made

17th May 2021

The Department of Justice, in exercise of the powers conferred by section 59(3B) (d) of the Crime and Security Act 2010(1), makes the following Order:

Citation

1.  This Order may be cited as the Crime and Security Act 2010 (Commencement No.1) (Northern Ireland) Order 2021.

Appointed Day

2.  Section 13 of the Crime and Security Act 2010 (which inserts Article 53A into the Police and Criminal Evidence (Northern Ireland) Order 1989 (meaning of “qualifying offence”)) comes into operation on 1^st June 2021 for the purposes of –

(a) paragraphs 44 and 45 of Schedule 3 (port and border controls) to the Counter-Terrorism and Border Security Act 2019(2);

(b) paragraphs 20D and 20G of Schedule 8 (detention) to the Terrorism Act 2000(3);

(c) section 18E (retention and use of fingerprints and samples) of the Counter-Terrorism Act 2008(4); and

(d) paragraph 10 of Schedule 6 (fingerprints and samples) to the Terrorism Prevention and Investigation Measures Act 2011(5).

Sealed with the Official Seal of the Department of Justice on 17^th May 2021

Naomi Long MLA

Minister of Justice

17th May 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force, on 1^st June 2021, section 13 of the Crime and Security Act 2010 (c. 17) which inserts Article 53A into the Police and Criminal Evidence (Northern Ireland) Order 1989 (1341/N.I. 12) (definition of “qualifying offence”). It brings that section into force for the purposes of provisions of enactments where that definition applies, including paragraphs 44 and 45 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (c. 3) which relate to biometric data.

The provisions at 13(2) (l), (n) and (r) of the Act have been brought into force, for the same purposes as this Order, by the Crime and Security Act 2010 (Commencement No.8) Order 2021.

(1)

2010 c. 17. Section 59 was amended by article 22(5)(a) and (b) of S.I. 2012/2595. Section 59(3B)(d) enables section 13 of the Act (which inserts Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989) to be brought into force by order, except paragraph (2)(l), (n) and (r) of that Article.

(2)

2019 c. 3.

(3)

2000 c. 11. Paragraphs 20D and 20G were inserted into Schedule 8 by paragraph 1(4) of Schedule 1 to the Protection of Freedoms Act 2012 (c. 9)

(4)

2008 (c. 28). Paragraph 18E was inserted into the Counter-Terrorism Act 2008 by paragraph 4 of Schedule 1 to the Protection of Freedoms Act 2012 (c. 9).

(5)

2011 (c. 23).