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Section 18B Retention for purposes of national securityF1

United Kingdom

(1)

Section 18 material which is not a DNA sample may be retained for as long as a national security determination made by the responsible officer F2, or by a chief officer of police, has effect in relation to it.

(2)

A national security determination is made if the responsible officer F3, or a chief officer of police, determines that it is necessary for any such section 18 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 F45 years beginning with the date on which the determination is made, and

(c)

may be renewed.

(F54)

In this section “chief officer of police” means a person other than the responsible officer who is—

(a)

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

(b)

the Chief Constable of the Police Service of Northern Ireland.

Annotations

Textual amendments

F1

Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

F2

Words in s. 18B(1) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(2); S.I. 2020/792, reg. 2(e)

F3

Words in s. 18B(2) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(3); S.I. 2020/792, reg. 2(e)

F4

Words in s. 18B(3)(b) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(4) (with s. 25(7)(8)); S.I. 2020/792, reg. 2(e)

F5

S. 18B(4) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(5); S.I. 2020/792, reg. 2(e)