Citation and commencement

1.  These Regulations may be cited as the Accreditation of Forensic Service Providers (Amendment) Regulations 2019 and come into force on 20th November 2019.

Amendment to the Accreditation of Forensic Service Providers Regulations 2018

2.-(1) The Accreditation of Forensic Service Providers Regulations 2018(3) are amended as follows.

(2) In regulation 2 (interpretation)-

(a)before the definition of "competent law enforcement authorities" insert-

""AWE Aldermaston" means the Atomic Weapons Establishment at Aldermaston;";

(b)after the definition of "DNA-profile" insert-

""Dstl Fort Halstead" means the Defence Science and Technology Laboratory at Fort Halstead;

"Dstl Porton Down" means the Defence Science and Technology Laboratory at Porton Down;";

(c)after the definition of "laboratory activity" insert-

""relevant employee" in relation to a particular laboratory activity means an individual who is employed by an accredited forensic service provider for the purpose of carrying out that laboratory activity;".

(3) After regulation 4(2) (requirement of accreditation), insert-

"(2A) In respect of laboratory activity carried out-

(a)at AWE Aldermaston, Dstl Fort Halstead or Dstl Porton Down, and

(b)on items which require specialist handling and containment due to the presence of hazardous chemical, biological, radiological or nuclear material or explosive material,

the requirement of accreditation is satisfied if that laboratory activity is carried out by, or under the supervision of, an individual who is a relevant employee in relation to that laboratory activity.".

(4) For regulation 5 (recognition of results) substitute-

"5.  For the purposes of these Regulations, the results of the following are to be regarded as being equally reliable-

(a)laboratory activity carried out by forensic service providers accredited in accordance with regulation 4(2)(a);

(b)laboratory activity carried out by forensic service providers accredited in accordance with regulation 4(2)(b);

(c)laboratory activity carried out in accordance with regulation 4(2A).".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Accreditation of Forensic Service Providers Regulations 2018 (S.I. 2018/1276) ("the 2018 Regulations"). The 2018 Regulations provide that law enforcement agencies must use accredited forensic service providers to carry out laboratory activity in relation to DNA and fingerprint evidence.

Regulation 2(2) and (3) of these Regulations amends regulation 4 of the 2018 Regulations in respect of laboratories at Aldermaston, Fort Halstead and Porton Down which carry out laboratory activity on items requiring specialist handling and containment due to the presence of hazardous chemical, biological, radiological or nuclear material or explosive material. Regulation 2(2) and (3) makes amendments so that the requirement for accreditation for the purposes of the 2018 Regulations is satisfied where that laboratory activity is carried out by or under the supervision of an individual employed by an accredited forensic service provider to carry out laboratory activity.

Regulation 2(4) ensures that, for the purposes of the 2018 Regulations, the results produced under this approach are to be regarded as equally reliable as the results of laboratory activity carried out under the other provisions of the 2018 Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.