Counter-Terrorism and Border Security Act 2019 (c. 3)

SCHEDULES

SCHEDULE 3 U.K. Border security

Modifications etc. (not altering text)

C1 Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

C2 Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C3 Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

PART 2 U.K. Detention

Destruction and retention of fingerprints and samples etc: United Kingdom U.K.

51 U.K. In paragraphs 43 to 50—

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body and consists of or includes human cells;

• “fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;

• “paragraph 43 material” has the meaning given by paragraph 43(2);

• “police force” means any of the following—

  (a)

  the metropolitan police force;

  (b)

  a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

  (c)

  the City of London police force;

  (d)

  the Police Service of Scotland;

  (e)

  the Scottish Police Authority;

  (f)

  the Police Service of Northern Ireland;

  (g)

  the Police Service of Northern Ireland Reserve;

  (h)

  the Ministry of Defence Police;

  (i)

  the Royal Navy Police;

  (j)

  the Royal Military Police;

  (k)

  the Royal Air Force Police;

  (l)

  the British Transport Police;

  [F1 and references to a police force are to be read as including the tri-service serious crime unit;]

• “recordable offence” has—

  (a)

  in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and

  (b)

  in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

• “relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;

• “responsible chief officer of police” means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area—

  (a)

  in which the material concerned was taken, or

  (b)

  in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;

• “responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken or provided, the chief constable of the Police Service of Scotland;

• “responsible chief officer of police” means, in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland;

• [F2 “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.]

Textual Amendments

F1 Words in Sch. 3 para. 51 inserted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 50(a); S.I. 2022/471, reg. 2(e)

F2 Words in Sch. 3 para. 51 inserted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 50(b); S.I. 2022/471, reg. 2(e)

Commencement Information

I1 Sch. 3 para. 51 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2 Sch. 3 para. 51 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)