Part 2

Police powers

Searches and samples

Intimate samples
42
1
The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as set out in subsections (2) to (5).
2
In Article 62 (intimate samples) for paragraph (9) substitute—
9
In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
9A
In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by one of the following—
a
a medical practitioner;
b
a registered health care professional.
3
In Article 53 (interpretation of Part VI) after the definition of “registered dentist” insert—
“registered health care professional” means a person (other than a medical practitioner) who is one of the following—
a
a nurse registered on the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing;
b
a registered member of a health care profession which is designated for the purposes of this paragraph by an order subject to Article 89 made by the Secretary of State;
.
4
In Article 53 at the beginning insert “ (1) ” and at the end insert—
2
In paragraph (1) “health care profession” means any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.
5
In Article 89 (orders and regulations) after “Articles” insert “ 53, ”
6
Subsections (1) to (5) come into force in accordance with provision made by the Secretary of State by order.
S. 42 partly in force; s. 42(6) in force at Royal Assent, see s. 42(6)
S. 42(1)-(5) in force at 1.3.2007 by S.R. 2007/177, art. 2