SCHEDULE 2Transitional provisions

14

1

Where an authorisation has been given by a service policeman under section 62(1) or 62(1A) of the 1984 Act

a

it shall be treated as an authorisation given under article 12(1) or 12(2) respectively; and

b

anything done with respect to it under a provision of section 62 of the 1984 Act shall be treated as done under the equivalent provision of article 12.

2

A reference in article 12 to the appropriate consent being given includes a reference to the appropriate consent being given in writing before commencement.

3

For the purposes of article 12(7) an intimate sample taken under section 62 of the 1984 Act shall be treated as an intimate sample taken under article 12.

4

Article 12(9)(b) shall apply where before commencement an intimate sample has been taken from a person at a service police establishment, unless section 62(7A)(b) has been complied with before commencement.

5

In article 12(12) the reference to a refusal to give the appropriate consent to the taking of an intimate sample includes a reference to a refusal to give such consent to the taking of an intimate sample under section 62 of the 1984 Act.

6

In article 12(13) the reference to the provision of a sample under section 306 of the Act includes a reference to the provision of a sample under section 32 of the Armed Forces Act 200123.