Part 3 Material Subject to Section 18 of the Counter-terrorism Act 2008
Protection of Freedoms Act 2012 (2012 c 9) | Legislation

Part 3 Material Subject to Section 18 of the Counter-terrorism Act 2008

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The Counter-Terrorism Act 2008 is amended as follows.

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For section 18 (material not subject to existing statutory restrictions) substitute—

“18 Destruction of national security material not subject to existing statutory restrictions

(1)     This section applies to fingerprints, DNA samples and DNA profiles that—

(a)     are held for the purposes of national security by a law enforcement authority under the law of England and Wales or Northern Ireland, and

(b)     are not held subject to existing statutory restrictions.

(2)     Material to which this section applies (“section 18 materialâ€) must be destroyed if it appears to the responsible officer that the condition in subsection (3) is not met.

(3)     The condition is that the material has been—

(a)     obtained by the law enforcement authority pursuant to an authorisation under Part 3 of the Police Act 1997 (authorisation of action in respect of property),

(b)     obtained by the law enforcement authority in the course of surveillance, or use of a covert human intelligence source, authorised under Part 2 of the Regulation of Investigatory Powers Act 2000,

(c)     supplied to the law enforcement authority by another law enforcement authority,

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