The Protection of Freedoms Act 2012 (Consequential Amendments) No. 3 Order 2013

Amendment to the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013

2.—(1) The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 is amended as follows.

(2) In the heading to article 31 for “section 64 of the Act (destruction of fingerprints and samples)” substitute “sections 63R, 63T and 63U of the Act (destruction and use of samples)”.

(3) In article 31—

(a) for “section 64(1)” substitute “sections 63R, 63T and 63U(2)”;

(b) For “it” substitute “they”.

(4) In Schedule 2 Part 1 for “Section 64(1A), (1B), (3), (3AA), (3AB), (3AC), (3AD) and (7) (destruction of fingerprints and samples) (subject to the modification in article 31)” substitute—

• “Section 63R(1), (2) and (5) (destruction of samples) (subject to the modification in article 31)

• Section 63T (use of retained material) (subject to the modification in article 31)

• Section 63U (exclusion for certain regimes) (subject to the modification in article 31)”.

(5) In Schedule 2 Part 3 after the entry for “Superintendent” insert—

“Chief officer of police

Director”

(1)

Section 64 of the Act was amended by the Criminal Justice Act 1988 (c.33), section 148; the Criminal Justice and Public Order Act 1994 (c.33), section 57(2); the Police Act 1996 (c.16), section 103, Schedule 7, Part 2, paragraph 37, and Schedule 9, Part 1; the Criminal Justice and Police Act 2001 (c.16), sections 82 and 137 and Schedule 7, Part 2(1); and the Serious Organised Crime and Police Act 2005 (c.15), sections 117 and 118. Section 64 is repealed from 31 October 2013 by the Protection of Freedoms Act 2012 (c.9), Schedule 10, Part 1 (S.I. 2013/2104).

(2)

Sections 63R, 63T and 63U of the Act were inserted by the Protection of Freedoms Act 2012 (c.9), sections 14, 16 and 17 respectively.