SCHEDULES

SCHEDULE 3Border security

PART 2Detention

46Destruction and retention of fingerprints and samples etc: United Kingdom

1

Paragraph 43 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it.

2

A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 43 material to be retained for the purposes of national security.

3

A national security determination—

a

must be made in writing,

b

has effect for a maximum of 5 years beginning with the date on which the determination is made, and

c

may be renewed.

4

In this paragraph “chief officer of police” means—

a

a chief officer of police of a police force in England and Wales,

b

the chief constable of the Police Service of Scotland, or

c

the Chief Constable of the Police Service of Northern Ireland.