PART 2The Independent Commission for Reconciliation and Information Recovery

Biometric material

I1I235Biometric material

1

The Secretary of State may by regulations—

a

designate a collection of biometric material, or part of such a collection, for the purposes of this section;

b

provide for biometric material in designated collections not to be destroyed if destruction of the material would otherwise be required by any of the destruction provisions;

c

provide for preserved material to be retained;

d

provide for preserved material to be used for the purposes of, or in connection with, the exercise of any ICRIR function except the function of producing the historical record;

e

provide for preserved material to be destroyed.

2

If regulations provide for the retention of preserved material, the Secretary of State must, by regulations, require—

a

that periodic reviews of the need to retain the material are carried out by the ICRIR;

b

that the material is destroyed by no later than the end of a reasonable period after the conclusion of the ICRIR’s work (see section 31(1)) in connection with functions other than producing the historical record.

3

Regulations made under this section are subject to negative procedure.

4

In this section—

  • “biometric material” means a record of—

    1. a

      a DNA profile based on a DNA sample taken before 31 October 2013, or

    2. b

      fingerprints taken before 31 October 2013;

  • “destruction provisions” means—

    1. a

      Article 63B of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

    2. b

      Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989,

    3. c

      any provision of Part 1 of Schedule 8 to the Terrorism Act 2000 which requires the destruction of biometric material,

    4. d

      paragraph 8 of Schedule 4 to the International Criminal Court Act 2001,

    5. e

      any provision of sections 18 to 18E of the Counter-Terrorism Act 2008 which requires the destruction of biometric material,

    6. f

      any provision of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 which requires the destruction of biometric material,

    7. g

      section 18G of the Criminal Procedure (Scotland) Act 1995, and

    8. h

      section 18(3) to (5) of the Criminal Procedure (Scotland) Act 1995 as applied by paragraph 7 of Schedule 4 to the International Criminal Court (Scotland) Act 2001 (asp 21);

  • “preserved material” means biometric material in a designated collection which, by virtue of regulations made under subsection (1)(b), has not been destroyed (as would otherwise have been required by any of the destruction provisions).