The Protection of Freedoms Act 2012 (Consequential Amendments) No. 3 Order 2013

Made12th September 2013

Laid before Parliament18th September 2013

Coming into force31st October 2013

The Secretary of State, in exercise of the powers conferred by section 115(3) and (4) of the Protection of Freedoms Act 20121, makes the following Order:

Citation, commencement and extent1

1

This Order may be cited as the Protection of Freedoms Act 2012 (Consequential Amendments) No.3 Order 2013 and shall come into force on 31st October 2013.

2

The amendments made by article 2 of this Order have the same extent as the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 20132.

Amendment to the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 20132

1

The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 is amended as follows.

2

In the heading to article 31 for “section 64 of the Act (destruction of fingerprints and samples)” substitute “sections 63R, 63T and 63U of the Act (destruction and use of samples)”.

3

In article 31—

a

for “section 643” substitute “sections 63R, 63T and 63U4”;

b

For “it” substitute “they”.

4

In Schedule 2 Part 1 for “Section 64(1A), (1B), (3), (3AA), (3AB), (3AC), (3AD) and (7) (destruction of fingerprints and samples) (subject to the modification in article 31)” substitute—

Section 63R(1), (2) and (5) (destruction of samples) (subject to the modification in article 31)
Section 63T (use of retained material) (subject to the modification in article 31)
Section 63U (exclusion for certain regimes) (subject to the modification in article 31)

5

In Schedule 2 Part 3 after the entry for “Superintendent” insert—

Chief officer of police
Director

Mark HarperMinister of StateHome Office12th September 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes consequential amendments to the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542)(“the principal Order”), which applies specified provisions of the Police and Criminal Evidence Act 1984 (c.60)(“PACE”) to criminal investigations conducted by immigration officers and designated customs officials and to persons detained by designated customs officials. In particular it removes the reference to section 64 of PACE from Schedule 2 of Part 1 in the principal Order and replaces it with references to sections 63R, 63T and 63U of PACE. This is to give effect to the fact that the Protection of Freedoms Act 2012 (c.9) repealed section 64 of PACE, which was concerned with the destruction of fingerprints and samples taken for the purpose of a criminal investigation, and replaced it with a number of statutory provisions governing the destruction, retention and use of fingerprints and samples. Only the provisions which apply to the destruction, retention and use of samples (not fingerprints) are to be applied under the principal Order and they are only to apply to criminal investigations conducted by designated customs officials (not immigration officers) and to persons detained by designated customs officials.