- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations give effect to the code of practice produced by the Scottish Biometrics Commissioner. This code of practice, about the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes in Scotland, is required to be brought into effect by regulations made by the Scottish Ministers under section 13(1) of the Scottish Biometrics Commissioner Act 2020 (“the Act”). The code of practice was produced by the Scottish Biometrics Commissioner following consultation under section 10(1) of the Act. The code of practice was laid in draft before the Scottish Parliament for 60 days under section 11 of the Act and has been approved by the Scottish Ministers under section 12(2) of the Act. The code of practice was laid in draft in the Scottish Parliament at the same time as these Regulations, in accordance with section 13(2) of the Act. The code of practice will come into effect on the 16th November 2022.
Under section 9 of the Act, breach of the code gives rise to no legal claim, but a court or tribunal determining any question to which the code is relevant in the context of civil or criminal proceedings must take the code into account.
Copies of the code of practice are being distributed to relevant interests, and will also be available for inspection at the website of the Scottish Biometrics Commissioner, http://www.biometricscommissioner.scot.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: