The Crime and Security Act 2010 (Commencement No. 8) Order 2021

Statutory Instruments

2021 No. 621 (C. 24)

Prevention And Suppression Of Terrorism, Northern Ireland

The Crime and Security Act 2010 (Commencement No. 8) Order 2021

Made

25th May 2021

The Secretary of State makes this Order in exercise of the powers conferred by section 59(1) and (4)(a) of the Crime and Security Act 2010(1).

Citation

1.  This Order may be cited as the Crime and Security Act 2010 (Commencement No. 8) Order 2021.

Commencement

2.  Section 13 (“qualifying offence”) of the Crime and Security Act 2010 comes into force on 1st June 2021 for the purposes of paragraph 2(l), (n) and (r) of the inserted article 53A, so far as these provisions relate to—

(a) paragraphs 44 and 45 of Schedule 3 (destruction and retention of fingerprints and samples etc.) to the Counter-Terrorism and Border Security Act 2019(2);

(b) paragraphs 20D and 20G of Schedule 8 (destruction and retention of fingerprints and samples etc.) to the Terrorism Act 2000(3);

(c) section 18E (destruction of fingerprints and samples that are held for the purposes of national security) of the Counter-Terrorism Act 2008(4); or

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

Williams of Trafford

Minister of State

Home Office

25th May 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Crime and Security Act 2010 (c. 17) (“the 2010 Act”) which are necessary to commence certain provisions of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (c. 3) (“the 2019 Act”) in Northern Ireland which relate to biometric data, and which are necessary for the operation of similar provisions in the Terrorism Act 2000 (c. 11) (“the 2000 Act”), the Counter-Terrorism Act 2008 (c. 28) (“the 2008 Act”) and the Terrorism Prevention and Investigation Measures Act 2011 (c. 23) (“the 2011 Act”). This is the eighth commencement order under the 2010 Act.

Article 2 commences certain elements of the “qualifying offence” definition, which is inserted as a new article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (1341/N.I. 12) by section 13 of the 2010 Act, for the purposes of the following enactments which rely on that definition: paragraphs 44 and 45 of Schedule 3 to the 2019 Act; paragraphs 20D and 20G of Schedule 8 to the 2000 Act; section 18E of the 2008 Act; and paragraph 10 of Schedule 6 to the 2011 Act. This Order comes into force on the same day that the Department of Justice in Northern Ireland brings the remaining elements of the “qualifying offence” definition into force for these same purposes.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Crime and Security Act 2010 (c. 17) have been brought into force by commencement orders made before the date of this Order.

Provision	Date of Commencement	S.I. No.
Sections 1 to 5, 6(1), (2) (partially), (3) and (4), and 7	07.03.11	2011/414
Sections 24 to 30 (in relation to three specified police areas)	30.06.12	2012/1615
Sections 24 to 30 (remainder)	08.03.14	2014/478
Section 31	08.03.14	2014/478
Sections 34 to 36	09.01.12	2011/3016
Sections 37 and 38	31.01.11	2010/2989
Section 39	09.01.12	2011/3016
Section 45	26.03.12	2012/584
Section 46	10.02.11	2011/144

(1)

2010 c. 17. Section 59 was amended by article 22(1) and (5) of S.I. 2012/2595.

(2)

2019 c. 3.

(3)

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

(4)

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

(5)

2011 (c. 23). Paragraph 10 was amended by paragraph 32(a) and (b) of Schedule 24 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and by paragraph 5 of Schedule 1 to the Protection of Freedoms Act 2012 (c. 9).