SCHEDULES

Section 12

SCHEDULE 1 Notification requirements: financial information and information about
identification documents

5This is the Schedule to be inserted as Schedule 3A to the Counter-Terrorism
Act 2008—

Section 47

“SCHEDULE 3A Notification requirements: financial information and information
about identification documents

10Financial information

1 (1) The financial information referred to in section 47(2)(gb) that a
person to whom the notification requirements apply must provide
is—

(a) the information specified in sub-paragraph (2) in respect of
15each account that the person holds with a financial
institution on the date on which the notification is made,
and

(b) if the person runs a business through a company—

(i) the information specified in sub-paragraph (2) in
20respect of each account that the company holds
with a financial institution on the date on which the
notification is made, and

(ii) the name of the company concerned.

(2) The information required to be given in respect of each account
25is—

(a) the name of the financial institution with which the
account is held;

(b) the address of the office at which the account is held and,
if the office is outside the United Kingdom, the address of
30the principal office of the financial institution (if any) in the
United Kingdom;

(c) the number of the account;

(d) the sort code, if any, in relation to the account;

(e) the card number of each payment card relating to the
35account;

(f) the start date (if any) and expiry date in relation to each
such card.

(3) For the purposes of this paragraph—

(a) “company” includes any body corporate, partnership or
unincorporated association;

(b) “financial institution” means a person who, in the course of
a business, provides financial services consisting of the
5provision of current or savings accounts or payment card
facilities;

(c) “payment card” means a credit card, a charge card, a
prepaid card and a debit card;

(d) the cases in which a person “holds” an account include
10those where the person is entitled to operate the account;

(e) it does not matter if an account is held solely or jointly with
one or more other persons;

(f) a person “runs” a business if the person (whether solely or
jointly with one or more other persons) exercises, or is
15entitled to exercise, control or management of the business.

Information about identification documents

2 The information about identification documents referred to in
section 47(2)(gc) that a person to whom the notification
requirements apply must provide is—

(a) 20where the person holds one or more passports on the date
on which notification is made, for each passport that the
person holds—

(i) the number of the passport;

(ii) the person’s full name as it appears in the passport;

(iii) 25where the passport was issued by or on behalf of
the authorities of a country, the name of the
country;

(iv) where the passport was issued by or on behalf of an
international organisation, the name of the
30organisation;

(b) where the person does not hold a passport, but does hold
one or more other identity documents (within the meaning
of section 7 of the Identity Documents Act 2010) on the
date on which notification is made, for each identity
35document that the person holds—

(i) a description of the identity document;

(ii) the issue number (if any) of the identity document;

(iii) the person’s full name as it appears in the identity
document;

(iv) 40where the identity document was issued by or on
behalf of the authorities of a country, the name of
the country;

(v) where the identity document was issued by or on
behalf of an international organisation, the name of
45the organisation.”

Section 19

SCHEDULE 2 Retention of biometric data for counter-terrorism purposes etc

Police and Criminal Evidence Act 1984

1 The Police and Criminal Evidence Act 1984 is amended as follows.

2 (1) 5Section 63F (retention of section 63D material: persons arrested for or
charged with a qualifying offence) is amended as follows.

(2) In subsection (3), for “or (5)” substitute “, (5) or (5A)”.

(3) In subsection (5)(a), after “qualifying offence” insert “, other than a
terrorism-related qualifying offence,”.

(4) 10After subsection (5) insert—

“(5A) Material falls within this subsection if—

(a) it relates to a person who is arrested for a terrorism-related
qualifying offence but is not charged with that offence, and

(b) it was taken (or, in the case of a DNA profile, derived from a
15sample taken) in connection with the investigation of the
offence.”

(5) In subsection (11), after the definition of “a specified chief officer of police”
insert—

• ““terrorism-related qualifying offence” means—

  (a)

  20an offence for the time being listed in section 41(1) of the
  Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or

  (b)

  an ancillary offence, as defined by section 65A(5) below,
  relating to an offence for the time being listed in section 41(1)
  of that Act.”

3 (1) 25Section 63M (retention of section 63D material for purposes of national
security) is amended as follows.

(2) In subsection (1), for “the responsible” substitute “a”.

(3) In subsection (2), for “the responsible” substitute “a”.

(4) In subsection (3)(b), for “2 years” substitute “5 years”.

4 30After section 63P insert—

“63PA Retention of further sets of fingerprints

(1) This section applies where section 63D material is or includes a
person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this section in respect
35of any further fingerprints taken from the same person (“the further
fingerprints”) if any of conditions 1 to 3 are met.

(3) Condition 1 is met if—

(a) the further fingerprints are section 63D material, and

(b) the further fingerprints or the original fingerprints were
40taken in connection with a terrorist investigation.

(4) Condition 2 is met if the further fingerprints were taken from the
person in England or Wales under—

(a) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(b) paragraph 1 of Schedule 6 to the Terrorism Prevention and
5Investigation Measures Act 2011, or

(c) paragraph 34 of Schedule 3 to the Counter-Terrorism and
Border Security Act 2018.

(5) Condition 3 is met if the further fingerprints—

(a) are material to which section 18 of the Counter-Terrorism Act
102008 applies, and

(b) are held under the law of England and Wales.

(6) Where a determination under this section is made in respect of the
further fingerprints—

(a) the further fingerprints may be retained for as long as the
15original fingerprints are retained under a power conferred by
sections 63E to 63O (including those sections as applied by
section 63P), and

(b) a requirement under any enactment to destroy the further
fingerprints does not apply for as long their retention is
20authorised by paragraph (a).

(7) Subsection (6)(a) does not prevent the further fingerprints being
retained after the original fingerprints fall to be destroyed if the
continued retention of the further fingerprints is authorised under
any enactment.

(8) 25A written record must be made of a determination under this
section.”

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

5 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.

(2) 30In Article 63D (retention of Article 63B material: persons arrested for or
charged with a qualifying offence) (as inserted by Schedule 2 to the Criminal
Justice Act (Northern Ireland) 2013 (c. 7 N.I.))—

(a) in paragraph (1), for sub-paragraph (a) substitute—

“(a) relates to a person who—

(i) 35is arrested for a qualifying offence other
than a terrorism-related qualifying offence
but is not charged with that offence, or

(ii) is charged with any qualifying offence but
is not convicted of that offence, and”;

(b) 40in paragraph (14), after the definition of “prescribed” insert—

• ““terrorism-related qualifying offence” means—

  (a)

  an offence for the time being listed in section
  41(1) of the Counter-Terrorism Act 2008 (see
  Article 53A(2)(r)), or

  (b)

  45an ancillary offence, as defined by Article
  53A(4), relating to an offence for the time
  being listed in section 41(1) of that Act.”

(3) After Article 63D insert—

“Retention of Article 63B material: persons arrested for terrorism-related
qualifying offence

63DA (1) This Article applies to Article 63B material which—

(a) 5relates to a person who is arrested for a terrorism-related
qualifying offence but is not charged with that offence, and

(b) was taken (or, in the case of a DNA profile, derived from a
sample taken) in connection with the investigation of the
offence.

(2) 10If the person has previously been convicted of a recordable offence
which is not an excluded offence, or is so convicted before the
material is required to be destroyed by virtue of this Article, the
material may be retained indefinitely.

(3) Otherwise, the material may be retained—

(a) 15in the case of fingerprints, for the period of 3 years
beginning with the date on which the fingerprints were
taken;

(b) in the case of a DNA profile, for the period of 3 years
beginning with the date on which the DNA sample from
20which the profile was derived was taken (or, if the profile
was derived from more than one DNA sample, the date on
which the first of those samples was taken).

(4) In this Article—

• “excluded offence”, in relation to a person, means a
  25recordable offence—

  (a)

  which—

  (i)

  is not a qualifying offence,

  (ii)

  is the only recordable offence of which the
  person has been convicted, and

  (iii)

  30was committed when the person was aged
  under 18, and

  (b)

  for which the person was not given a custodial
  sentence of 5 years or more;

• “terrorism-related qualifying offence” means—

  (a)

  35an offence for the time being listed in section 41(1) of
  the Counter-Terrorism Act 2008 (see Article
  53A(2)(r)), or

  (b)

  an ancillary offence, as defined by Article 53A(4),
  relating to an offence for the time being listed in
  40section 41(1) of that Act.”

Criminal Procedure (Scotland) Act 1995

6 The Criminal Procedure (Scotland) Act 1995 is amended as follows.

7 (1) Section 18G (retention of samples etc: national security) is amended as
follows.

(2) 45In subsection (2) for “the relevant chief constable” substitute “the chief
constable of the Police Service of Scotland”.

(3) In subsection (3) for “the relevant chief constable” substitute “the chief
constable of the Police Service of Scotland”.

(4) In subsection (4)(b) for “2 years” substitute “5 years”.

(5) Omit subsection (6).

8 5After section 18G insert—

“18GA Retention of further fingerprints

(1) This section applies where—

(a) relevant physical data to which section 18G applies has been
taken from or provided by a person, and

(b) 10the data is or includes the person’s fingerprints (“the original
fingerprints”).

(2) A constable may make a determination under this section in respect
of any further fingerprints taken from, or provided by, the same
person (“the further fingerprints”) if—

(a) 15the further fingerprints were taken under or by virtue of—

(i) any provision, power or authority mentioned in
section 18G(1), or

(ii) paragraph 4 of Schedule 6 to the Terrorism
Prevention and Investigation Measures Act 2011, and

(b) 20the further fingerprints or the original fingerprints were
taken—

(i) in connection with a terrorist investigation, as defined
by section 32 of the Terrorism Act 2000, or

(ii) under a power conferred by virtue of paragraph 42 of
25Schedule 3 to the Counter-Terrorism and Border
Security Act 2018.

(3) Where a determination under this section is made in respect of the
further fingerprints—

(a) the further fingerprints may be retained for as long as the
30original fingerprints are retained in accordance with this
Part, and

(b) a requirement under any enactment to destroy the further
fingerprints does not apply for as long their retention is
authorised by paragraph (a).

(4) 35Subsection (3)(a) does not prevent the further fingerprints being
retained after the original fingerprints fall to be destroyed if the
continued retention of the further fingerprints is authorised under
any enactment.

(5) A written record must be made of a determination under this
40section.”

Terrorism Act 2000

9 Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of persons detained
under section 41 of, or Schedule 7 to, that Act) is amended as follows.

10 (1) Paragraph 20E is amended as follows.

(2) In sub-paragraph (1), for “the responsible” substitute “a”.

(3) In sub-paragraph (2), for “the responsible” substitute “a”.

(4) In sub-paragraph (3)(b), for “2 years” substitute “5 years”.

(5) After sub-paragraph (3) insert—

“(4) 5In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and
Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) the Chief Constable of the Police Service of Northern
10Ireland.”

11 After paragraph 20E insert—

“20EA (1) This paragraph applies where paragraph 20A material is or
includes a person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this paragraph in
15respect of any further fingerprints taken from, or provided by, the
same person (“the further fingerprints”) if conditions 1 and 2 are
met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 20A material,

(b) 20are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act
1984,

(ii) Article 61 of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.
2512)),

(iii) any provision, power or authority mentioned in
section 18G(1) of the Criminal Procedure
(Scotland) Act 1995,

(iv) paragraph 1 or 4 of Schedule 6 to the Terrorism
30Prevention and Investigation Measures Act 2011,
or

(v) paragraph 34 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018, or

(c) are material to which section 18 of the Counter-Terrorism
35Act 2008 applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to
which section 18 of the Counter-Terrorism Act 2008
applies, the original fingerprints and the further
40fingerprints are held under the law of the same part of the
United Kingdom;

(b) in any other case, the original fingerprints and the further
fingerprints were taken from or provided by the person in
the same part of the United Kingdom.

(5) 45Where a determination under this paragraph is made in respect of
the further fingerprints—

(a) the further fingerprints may be retained for as long as the
original fingerprints are retained under any power
conferred by paragraphs 20B to 20E, and

(b) a requirement under any enactment to destroy the further
5fingerprints does not apply for as long their retention is
authorised by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints
being retained after the original fingerprints fall to be destroyed if
the continued retention of the further fingerprints is authorised
10under any enactment.

(7) A written record must be made of a determination under this
paragraph.

(8) In this paragraph—

(a) “enactment” includes—

(i) 15an enactment comprised in, or in an instrument
made under, an Act of the Scottish Parliament, and

(ii) an enactment comprised in, or in an instrument
made under, Northern Ireland legislation;

(b) references to a part of the United Kingdom are references
20to—

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland.”

Counter-Terrorism Act 2008

12 25The Counter-Terrorism Act 2008 is amended as follows.

13 (1) Section 18B (retention for purposes of national security) is amended as
follows.

(2) In subsection (1) after “responsible officer” insert “, or by a chief officer of
police,”.

(3) 30In subsection (2) after “responsible officer” insert “, or a chief officer of
police,”.

(4) In subsection (3)(b) for “2 years” substitute “5 years”.

(5) After subsection (3) insert—

“(4) In this section “chief officer of police” means a person other than the
35responsible officer who is—

(a) the chief officer of police of a police force in England and
Wales, or

(b) the Chief Constable of the Police Service of Northern
Ireland.”

14 40After section 18B insert—

“18BA Retention of further fingerprints

(1) This section applies where section 18 material is or includes a
person’s fingerprints (“the original fingerprints”).

(2) An appropriate officer may make a determination under this section
in respect of any further fingerprints taken from the same person
(“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) 5are section 18 material, or

(b) are taken under—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) Article 61 of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.
1012)),

(iii) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(iv) paragraph 1 of Schedule 6 to the Terrorism
Prevention and Investigation Measures Act 2011, or

(v) paragraph 34 of Schedule 3 to the Counter-Terrorism
15and Border Security Act 2018.

(4) Condition 2 is met if the both the original fingerprints and the further
fingerprints—

(a) are held by a law enforcement authority under the law of
England and Wales, or

(b) 20are held by a law enforcement authority under the law of
Northern Ireland.

(5) Where a determination under this section is made in respect of the
further fingerprints—

(a) the further fingerprints may be retained for as long as the
25original fingerprints are retained under a power conferred by
section 18A or 18B, and

(b) a requirement under any enactment to destroy the further
fingerprints does not apply for as long their retention is
authorised by paragraph (a).

(6) 30Subsection (5)(a) does not prevent the further fingerprints being
retained after the original fingerprints fall to be destroyed if the
continued retention of the further fingerprints is authorised under
any enactment.

(7) A written record must be made of a determination under this section.

(8) 35In this section—

• “appropriate officer” means—

  (a)

  a constable, or

  (b)

  an officer of Revenue and Customs who is not below
  such grade as is designated for the purposes of this
  40section by the Commissioners for Her Majesty’s
  Revenue and Customers;

• “enactment” includes an enactment comprised in, or in an
  instrument made under, Northern Ireland legislation.”

Terrorism Prevention and Investigation Measures Act 2011

15 45Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011
(fingerprints and samples) is amended as follows.

16 (1) Paragraph 11 is amended as follows.

(2) In sub-paragraph (1), for “the responsible” substitute “a”.

(3) In sub-paragraph (2), for “the responsible” substitute “a”.

(4) in sub-paragraph (3)(b), for “2 years” substitute “5 years”.

(5) 5After sub-paragraph (3) insert—

“(4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and
Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) 10the Chief Constable of the Police Service of Northern
Ireland.”

17 After paragraph 11 insert—

“11A (1) This paragraph applies where paragraph 6 material is or includes
a person’s fingerprints (“the original fingerprints”).

(2) 15A constable may make a determination under this paragraph in
respect of any further fingerprints taken from, or provided by, the
same person (“the further fingerprints”) if conditions 1 and 2 are
met.

(3) Condition 1 is met if the further fingerprints—

(a) 20are paragraph 6 material,

(b) are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act
1984,

(ii) Article 61 of the Police and Criminal Evidence
25(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.
12)),

(iii) any provision, power or authority mentioned in
section 18G(1) of the Criminal Procedure
(Scotland) Act 1995,

(iv) 30paragraph 10 of Schedule 8 to the Terrorism Act
2000, or

(v) paragraph 34 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018, or

(c) are material to which section 18 of the Counter-Terrorism
35Act 2008 applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to
which section 18 of the Counter-Terrorism Act 2008
applies, the original fingerprints and the further
40fingerprints are held under the law of the same part of the
United Kingdom;

(b) in any other case, the original fingerprints and the further
fingerprints were taken from or provided by the person in
the same part of the United Kingdom.

(5) 45Where a determination under this paragraph is made in respect of
the further fingerprints—