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Paragraph 51 I1I2C1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

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—

    1. (a)

      the metropolitan police force;

    2. (b)

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

    3. (c)

      the City of London police force;

    4. (d)

      the Police Service of Scotland;

    5. (e)

      the Scottish Police Authority;

    6. (f)

      the Police Service of Northern Ireland;

    7. (g)

      the Police Service of Northern Ireland Reserve;

    8. (h)

      the Ministry of Defence Police;

    9. (i)

      the Royal Navy Police;

    10. (j)

      the Royal Military Police;

    11. (k)

      the Royal Air Force Police;

    12. (l)

      the British Transport Police;

    F1and references to a police force are to be read as including the tri-service serious crime unit;

  • “recordable offence” has—

    1. (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

    2. (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—

    1. (a)

      in which the material concerned was taken, or

    2. (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.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 51 inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 50(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F2

Words in Sch. 3 para. 51 inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 50(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Modifications

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))

Commencement

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)

Notes on Schedule 3

Modifications

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