Part 2: The Independent Commission for Reconciliation and Information Recovery (ICRIR) Biometric material Section 35: Biometric material
This section confers a regulation-making power on the Secretary of State to make provision in relation to DNA profiles derived from DNA samples, and fingerprints, taken before 31 October 2013 (defined for the purposes of the section as "biometric material" in subsection (4).
	Subsection (1) allows the Secretary of State to designate (in regulations) a collection of biometric material for the purposes of the section ("designated collections"). Regulations may provide for biometric material in such collections not to be destroyed, if destruction of the material would otherwise have been required under any of the provisions of law listed in subsection (4) ("destruction provisions"). Biometric material which has not been destroyed by virtue of regulations made under this subsection is defined in subsection (4) as "preserved material". Regulations under this subsection may also provide for preserved material to be retained, to be used for the purposes of, or in connection with, the exercise of the ICRIR’s functions (except the production of the historical record), and to be destroyed.
	Subsection (2) applies where regulations made under subsection (1) provide for the retention of preserved material, and obliges the Secretary of State to include as part of those regulations requirements for the ICRIR to carry out periodic reviews of the need to retain that material. Further, where provision is made for the retention of preserved material, regulations must require that preserved material is to be destroyed no later than a reasonable period after the conclusion of the ICRIR’s work.
	Subsection (3) provides that regulations made under this section are subject to the negative Parliamentary procedure.
	Subsection (4) contains definitions used in the section.