Institutional Burials Act 2022
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Chapter 9 Regulations and Appeals | ||
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Regulations for purposes of continuing DNA profile comparison after Identification Programme completed | ||
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79. (1) A relevant Minister may, having consulted with FSI and an Advisory Board, at any time before an Identification Programme is completed or the Office of Director is dissolved in accordance with section 98 , whichever first occurs, make regulations for the purposes of enabling the relevant Minister, where there are developments in forensic testing, to facilitate further forensic testing of samples to establish whether or not there is a familial link after the Programme is completed. | ||
(2) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision for— | ||
(a) subject to obtaining the consent of the relevant persons concerned and providing for the withdrawal of consent at any time, the retention of samples taken from such persons under section 60 , | ||
(b) the form of consent, referred to in paragraph (a), to be obtained from relevant persons and the manner in which consent may be withdrawn, | ||
(c) the retention of samples taken for elimination purposes under section 61 , | ||
(d) the retention of samples taken from applicable persons, | ||
(e) the retention of information, referred to in subparagraphs (i) and (ii) of section 63 (1)(b), contained in the Personal Information (Historic Remains) Database, | ||
(f) the transfer of samples so retained and information referred to in paragraph(e) from FSI to another person for the purposes of storage, | ||
(g) the forensic testing of samples, and where possible, a comparison of the DNA profile of a relevant person or an applicable person, as the case may be, and the DNA profile of a person generated from human remains for the purposes of ascertaining the likelihood, that can be indicated statistically, that there is a familial link, | ||
(h) the appointment of a decision-maker for the purposes of making a determination and notifying— | ||
(i) a relevant person, on the same basis as set out in section 50 (3) in relation to a Director, that there is or is not a familial link, or | ||
(ii) a nominee of the relevant person, on the same basis as set out in section 50 (4) in relation to a Director, that there is or is not a familial link, | ||
(i) the withdrawal by a nominee of the relevant person of his or her consent to act as a nominee, | ||
(j) the exhumation of human remains, re-interred in accordance with section 57 , where necessary for the purposes of obtaining a further sample for the purposes of paragraph (g), | ||
(k) the destruction of samples taken from relevant persons and applicable persons and for elimination purposes, the deletion of DNA profiles generated from samples taken from human remains, relevant persons, applicable persons and for elimination purposes and the destruction of information referred to in paragraph (e), | ||
(l) final arrangements for the samples taken from human remains, and | ||
(m) the performance of oversight functions, equivalent to those to be performed by the Oversight Committee under section 67 (2)(a) to (f), by a suitably qualified person where the performance of such oversight functions is necessary having regard to any regulations made under this section to facilitate further forensic testing. |