Citation, commencement and interpretation

1. —(1) This Order may be cited as the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2013.

(2) This Order shall come into force on 31st October 2013.

Amendment of the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

2. The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013( 2 ) is amended as follows.

3. After article 2 insert the following article—

“ 2A. Notwithstanding the insertion by section 1 of the Act of section 63D(2)(a) of the Police and Criminal Evidence Act 1984 ( 3 ) , any fingerprints which were taken, and any DNA profile which was derived from a sample taken, before 31st October 2013 may be retained if they were taken from a person who—

(a) was convicted of a recordable offence (other than an excluded offence within the meaning of section 63F(11) of that Act); and

(b) at the time the fingerprints or sample were taken, gave purported consent to them being taken. ” .

4. After article 5 insert the following article—

“ 5A. In its application to PACE material taken, or (in the case of a DNA profile) derived from a sample taken, before 31st October 2013 from a person who was liable to have material taken from him under section 63(3B) of the Police and Criminal Evidence Act 1984 ( 4 ) , section 18(3) of the Act has effect as if it did not insert subsection (2A) into section 65 of the Police and Criminal Evidence Act 1984. ” .