Institutional Burials Act 2022

Return of samples taken from human remains to Director and deletion of related DNA profiles

78. (1) A sample taken from recovered human remains under section 59 shall, if not destroyed in the course of generating a DNA profile from it, be returned by FSI to the Director as soon as practicable after the earlier of the following occurs—

(a) FSI have generated (having regard to section 58 ), from the sample concerned, all the DNA profiles it requires from the sample, or

(b) the Director makes a decision, under section 47 (1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46 (2)(c) should cease.

(2) A DNA profile generated from a sample referred to in subsection (1) shall be deleted as soon as practicable after the date on which the following first occurs—

(a) the Director makes a decision, under section 47 (1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46 (2)(c) should cease, or

(b) that part of the Identification Programme referred to in section 46 (2)(c)(iii) is completed.

(3) A sample returned to a Director under subsection (1) shall be the subject of the same final arrangements as recovered human remains.