This Order extends by two years the duration of transitional provision for Northern Ireland in connection with the coming into force of Chapter 1 of Part 1 of the Protection of Freedoms Act 2012 (c. 9) (“the Act”) (destruction, retention and use of biometric data).

Article 7 of the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013 (SI 2013/1813)(“the 2013 Order”) provides that material taken, held or (in the case of a DNA profile) derived from a sample taken, under the Terrorism Act 2000 (c. 11), the Counter-Terrorism Act 2008 (c. 28) or the Terrorism Prevention and Investigation Measures Act 2011 (c. 23) before the coming into force of Chapter 1 of Part 1 of the Act (“pre-commencement material”) is not subject to the relevant destruction requirements contained in Schedule 1 to the Act until 31st October 2016.

Articles 2, 3 and 4 of this Order have two effects. One is to exclude Northern Ireland pre-commencement material from the scope of Article 7 of the 2013 Order. The other is to extend by two years the transitional period in respect of such material, with the effect that Northern Ireland pre-commencement material is not subject to the destruction requirements contained in Schedule 1 to the Act until 31st October 2018.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.