4.—(1) Competent law enforcement authorities must use an accredited forensic service provider to conduct any laboratory activity that—
(a)is within scope of these Regulations, and
(b)is requested in relation to the prevention, detection or investigation of criminal offences.
(2) A forensic service provider is accredited if they are either—
(a)accredited by UKAS as complying with European standard EN ISO/IEC 17025 M1, or
(b)are otherwise accredited in accordance with [F1paragraph 1 of [F2Article 538] of the Trade and Cooperation Agreement] (accreditation).
[F3(2A) In respect of laboratory activity carried out—
(a)at AWE Aldermaston, Dstl Fort Halstead or Dstl Porton Down, and
(b)on items which require specialist handling and containment due to the presence of hazardous chemical, biological, radiological or nuclear material or explosive material,
the requirement of accreditation is satisfied if that laboratory activity is carried out by, or under the supervision of, an individual who is a relevant employee in relation to that laboratory activity.]
(3) The requirement of accreditation only applies in relation to laboratory work that is carried out after the commencement of these Regulations.
Textual Amendments
F1Words in reg. 4(2)(b) substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 10(3), 40(7); S.I. 2020/1662, reg. 2(i)
F2Words in reg. 4(2)(b) substituted (23.7.2021) by The European Union (Future Relationship) Act 2020 (References to the Trade and Cooperation Agreement) Regulations 2021 (S.I. 2021/884), regs. 1(2), 3(2)(b) (with reg. 1(3)(a))
F3Reg. 4(2A) inserted (20.11.2019) by The Accreditation of Forensic Service Providers (Amendment) Regulations 2019 (S.I. 2019/1384), regs. 1, 2(3)
Marginal Citations
M1EN ISO/IEC 17025 is the international standard “General requirements for the competence of testing and calibration laboratories” as revised or reissued from time to time. The 2017 version was approved by the European Committee for Standardisation (CEN) on 10 November 2017 and is published under reference BS EN ISO/IEC 17025:2017 as a UK standard by the British Standards Institution (ISBN 978 0 539 01414 3). Copies, including hard copies, of the standard can be obtained at www.bsigroup.com.