The Act Commentary on Sections Part 1: Regulation of biometric data Part 4: Material subject to the Terrorism Prevention and Investigation Measures Act 2011
124.Paragraph 5 amends Schedule 6 to the Terrorism Prevention and Investigation Measures (“TPIM”) Act 2011 which makes provision for the taking and retention of biometric material from a person subject to a TPIM notice. This paragraph makes similar provision to new section 65B(3) of PACE (see section 18), namely that for the purpose of the rules set down in Schedule 6 to the TPIM Act governing the retention of fingerprints and DNA profiles, a person is not to be regarded  as having been convicted of or cautioned for an  offence under section 12 (buggery) or 13 (gross indecency between men) of the Sexual Offences Act 1956 (and similar offences) if that conviction or caution is disregarded under the provisions of Chapter 4 of Part 5 of the Act.