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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2020 URL: http://www.bailii.org/uk/legis/num_reg/2020/uksi_2020688_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Police
Made
29th June 2020
Laid before Parliament
7th July 2020
Coming into force
30th October 2020
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).
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 2020 and comes into force on 30th October 2020.
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), for "2020" substitute "2022".
Robin Walker
Minister of State
Northern Ireland Office
29th June 2020
(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 2020.
Article 2 of this Order amends article 7A of the 2013 Order. This extends 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 2022.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
S.I. 2013/1813, amended by S.I. 2015/1739, 2016/682 and 2018/657; there are other amending instruments, but none is relevant.
