Search Legislation

Counter-Terrorism and Border Security Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 14

 Help about opening options

Alternative versions:

Status:

Point in time view as at 30/04/2021.

Changes to legislation:

There are currently no known outstanding effects for the Counter-Terrorism and Border Security Act 2019, Paragraph 14. Help about Changes to Legislation

This section has no associated Explanatory Notes

14U.K.After section 18B insert—

18BARetention of further fingerprints

(1)This section applies where section 18 material is or includes a person's fingerprints (“the original fingerprints”).

(2)An appropriate officer may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3)Condition 1 is met if the further fingerprints—

(a)are section 18 material, or

(b)are taken under—

(i)Part 5 of the Police and Criminal Evidence Act 1984,

(ii)Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iii)paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(iv)paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or

(v)paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

(4)Condition 2 is met if both the original fingerprints and the further fingerprints—

(a)are held by a law enforcement authority under the law of England and Wales, or

(b)are held by a law enforcement authority under the law of Northern Ireland.

(5)Where a determination under this section is made in respect of the further fingerprints—

(a)the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by section 18A or 18B, and

(b)a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(6)Subsection (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(7)A written record must be made of a determination under this section.

(8)In this section—

  • appropriate officer” means—

    (a)

    a constable, or

    (b)

    an officer of Revenue and Customs who is not below such grade as is designated for the purposes of this section by the Commissioners for Her Majesty's Revenue and Customers;

  • enactment” includes an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

Commencement Information

I1Sch. 2 para. 14 in force at 13.8.2020 by S.I. 2020/792, reg. 2(e)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?