The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2018

Statutory Instruments

2018 No. 657

Police

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2018

Made

30th May 2018

Laid before Parliament

4th June 2018

Coming into force

30th October 2018

The Secretary of State makes the following Order in exercise of the powers conferred by section 25(1) of the Protection of Freedoms Act 2012(1).

Citation and commencement

1.  This Order may be cited as the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2018 and comes into force on 30th October 2018.

Amendment of the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

2.—(1) The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013(2) is amended as follows.

(2) In article 7A (Northern Ireland material)(3), at the end, for “2018” substitute “2020”.

Karen Bradley

Secretary of State

Northern Ireland Office

30th May 2018

EXPLANATORY NOTE

(This note is not part of the Order)

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).

Articles 7, 7A and 7B 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”) provide that material taken, held or (in the case of a DNA profile) derived from a sample taken in Northern Ireland, 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 2018.

Article 2 of this Order makes amendments to Article 7A of the 2013 Order. This is to extend by two years the transitional period in respect of Northern Ireland pre-commencement material, with the effect that such material is not subject to the destruction requirements contained in Schedule 1 to the Act until 31st October 2020.

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

(1)

2012 c. 9.

(2)

S.I. 2013/1813, amended by S.I. 2015/1739 and S.I. 2016/682; there are other amending instruments but none is relevant.

(3)

Article 7A was inserted by S.I. 2016/682.