Citation, commencement and extent

1. —(1) These Regulations may be cited as the Independent Commission for Reconciliation and Information Recovery (Biometric Material) Regulations 2024.

(2) They come into force on 1st May 2024.

(3) They extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2. In these Regulations—

“ the Act ” means the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023;

“ relevant ICRIR functions ” means the functions of the ICRIR( 2 ) listed in section 2(5) of the Act, except the function in paragraph (f);

“ preserved material ” means biometric material( 3 ) retained by virtue of regulation 3(2).

Designation and retention of biometric material

3. —(1) The following collections of biometric material are designated for the purposes of section 35 of the Act—

(a) biometric material taken in Northern Ireland, and

(b) biometric material taken in England and Wales or Scotland from persons who were arrested for, or convicted of, an offence under any of the following Acts during the period beginning with 1st January 1966 and ending with 10th April 1998—

(i) the Explosive Substances Act 1883( 4 );

(ii) the Prevention of Terrorism (Temporary Provisions) Act 1974( 5 );

(iii) the Prevention of Terrorism (Temporary Provisions) Act 1976( 6 );

(iv) the Prevention of Terrorism (Temporary Provisions) Act 1984( 7 ), and

(v) the Prevention of Terrorism (Temporary Provisions) Act 1989( 8 ).

(2) Where the destruction provisions( 9 ) would otherwise require biometric material in the collections designated under paragraph (1) to be destroyed, that material—

(a) must not be destroyed in accordance with those provisions, and

(b) must be retained until it is destroyed in accordance with these Regulations.

Use of preserved material

4.Preserved material may be used for the purposes of, or in connection with, the exercise of any of the relevant ICRIR functions.

Periodic review and destruction of preserved material

5. —(1) The ICRIR must carry out periodic reviews of the need to retain preserved material.

(2) Where, following a review under paragraph (1), the ICRIR determines that there is no need to retain preserved material, the ICRIR must give notice to the person holding the material that it is to be destroyed.

(3) Within a reasonable period of concluding its work in connection with the relevant ICRIR functions, the ICRIR must give notice to each person holding preserved material that the material is to be destroyed.

(4) A notice under paragraph (2) or (3) must–

(a) be in writing, and

(b) specify the preserved material to be destroyed.

(5) Where a person receives a notice under paragraph (2) or (3), the person must destroy the material specified in the notice as soon as reasonably practicable.