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| | | Ireland of any provision of an Act of the Northern Ireland Assembly made in |
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| | | 2011 or 2012 (whether before or after the passing of this Act) is the same as |
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| | | the subject-matter in relation to England and Wales of any provision made by |
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| | | any of sections 1 to 18 and 23 to 25 of this Act. |
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| | | (2) | The Secretary of State may by order make excepted or reserved provision in |
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| | | relation to Northern Ireland which is about the same subject-matter as any |
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| | | provision made in relation to England and Wales by any of sections 1 to 18 and |
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| | | (3) | The Secretary of State may by order make such provision as the Secretary of |
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| | | State considers appropriate in consequence of the Act of the Northern Ireland |
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| | | Assembly or an order under sub-paragraph (2). |
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| | | (4) | The power to make an order under this paragraph— |
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| | | (a) | is exercisable by statutory instrument, |
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| | | (b) | includes power to make incidental, supplementary, transitional, |
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| | | transitory or saving provision, |
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| | | (c) | may, in particular, be exercised by amending, repealing, revoking or |
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| | | otherwise modifying any provision made by or under an enactment |
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| | | |
| | | (5) | An order under this paragraph may not make provision which— |
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| | | (a) | deals with a transferred matter and, if it were contained in an Act of |
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| | | the Northern Ireland Assembly, would be within the legislative |
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| | | competence of the Northern Ireland Assembly, |
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| | | (b) | if it were contained in an Act of the Scottish Parliament, would be |
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| | | within the legislative competence of the Scottish Parliament, or |
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| | | (c) | if it were contained in an Act of the National Assembly for Wales, |
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| | | would be within the legislative competence of the National Assembly |
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| | | (6) | Subject to sub-paragraph (7), a statutory instrument containing an order under |
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| | | this paragraph is not to be made unless a draft of the instrument has been laid |
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| | | before, and approved by a resolution of, each House of Parliament. |
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| | | (7) | A statutory instrument containing an order under this paragraph which neither |
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| | | amends nor repeals any provision of primary legislation is subject to |
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| | | annulment in pursuance of a resolution of either House of Parliament. |
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| | | |
| | | “enactment” includes an Act of the Scottish Parliament, a Measure or Act |
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| | | of the National Assembly for Wales and Northern Ireland legislation, |
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| | | “excepted or reserved provision” means provision which— |
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| | | (a) | forms part of the law of Northern Ireland, but |
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| | | (b) | does not deal with a transferred matter, |
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| | | “primary legislation” means— |
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| | | (c) | a public general Act, |
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| | | (d) | an Act of the Scottish Parliament, |
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| | | (e) | a Measure or Act of the National Assembly for Wales, and |
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| | | (f) | Northern Ireland legislation, |
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| | | “transferred matter” has the meaning given by section 4(1) of the Northern |
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| | | |
| | | Schedule, as amended, Agreed to. |
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| | | Clause 20 Agreed to on division. |
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| | | Clauses 21 to 23 Agreed to. |
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| | Clause 24, page 15, line 28, after ‘profiles’, insert ‘to include management and |
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| | oversight of the processes involved in the destruction of physical samples’. |
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| | Clause 24, page 15, line 29, at end insert— |
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| | | ‘(2A) | The National DNA Database Strategy Board must issue guidance on the |
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| | | ownership of DNA materials. |
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| | | (2B) | The National DNA Database Strategy Board must regularly review all DNA |
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| | | service providers, including the Forensic Science Service. |
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| | | (2C) | The National DNA Database Strategy Board shall issue guidance on procedures |
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| | | for redress and accountability should errors be made in respect of the retention or |
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| | | destruction of DNA materials.’. |
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| | Clause 25, page 16, line 12, leave out ‘3’ and insert ‘6’. |
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| | Clause 25, page 16, line 22, leave out ‘3’ and insert ‘6’. |
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| | Clause 25, page 16, line 25, after ‘derived’, insert ‘6 years or more’. |
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| | | |
| | Clause 25, page 16, line 30, at end insert— |
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| | | ‘(d) | in the case of material taken or derived less than six years before the |
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| | | commencement day from a person who— |
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| | | (i) | was arrested for, or charged with, the offence and |
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| | | (ii) | has not been convicted of the offence, |
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| | | | the destruction of the material at the end of the period of six years |
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| | | beginning with the day on which the material was taken or derived.’. |
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| | | |
| | Clause 26, page 17, leave out subsection (2) and insert— |
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| | | ‘(2A) | The relevant authority shall notify all parents if they are currently processing, or |
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| | | intend to process, biometric information— |
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| | | (a) | having received such a notification, a parent may write to the relevant |
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| | | authority requesting that their child’s biometric information not be |
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| | | (b) | the relevant authority must comply with all such requests.’. |
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| | Clause 26, page 17, line 17, leave out ‘each’ and insert ‘one’. |
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| Clause 26, page 17, line 29, at end insert— |
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| | | ‘(5A) | The relevant authority must ensure that, at least once in every school year, |
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| | | information is provided to each parent and child on their rights under this chapter, |
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| | | in language capable of being readily understood by the parent and child.’. |
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| | | |
| | Clause 26, page 17, line 30, leave out subsection (6) and add— |
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| | | ‘(6) | The relevant authority must ensure— |
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| | | (a) | that reasonable alternative means are available by which the child may |
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| | | do, or be subject to, anything which the child would have been able to do, |
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| | | or be subject to, had the child’s biometric information been processed; |
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| | | (b) | that enrolment at the school is not conditional upon consent; |
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| | | (c) | that parents are informed by the school about— |
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| | | (i) | the purpose for which the biometric data will be used, |
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| | | (ii) | who has access to the biometric data, |
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| | | (iii) | how secure the data are, and |
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| | | (iv) | how long biometric data will be kept; and |
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| | | (d) | that no data are ever transmitted to third parties.’. |
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| | | |
| | Clause 26, page 17, line 33, at end add— |
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| | | ‘(7) | A person who contravenes or fails to comply with any requirement imposed on |
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| | | him by this section is guilty of an offence and liable on summary conviction to a |
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| | | fine not exceeding level 1 on the standard scale.’. |
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| | Clause 26, page 17, line 33, at end add— |
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| | | | ‘In particular, a child on free school meals who does not give biometric |
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| | | information must still be afforded a protected way of receiving their meals.’. |
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| | Clause 27, page 17, line 41, leave out paragraph (d). |
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| | Clause 27, page 18, line 3, at end insert— |
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| | | ‘(3A) | When consent is withdrawn all biometric information shall be deleted/destroyed, |
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| | | and the relevant authority must confirm in writing that this has been done.’. |
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