This section amends Schedule 8 Terrorism Act 2000 (TACT) and Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ("CTBSA"), to enable the biometrics of persons detained in Scotland under Schedule 3 CTBSA or 7 TACT to be taken at ports, thereby bringing the position in Scotland into line with that in England, Wales and Northern Ireland.
	Schedules 7 & 3 of those Acts allow Counter-Terrorism Police Officers to detect, disrupt and deter terrorism and hostile activity at the border. They allow an Examining Officer (that is a constable or a designated immigration or customs officer) to stop, question, search and detain a person at a port or at the border area in Northern Ireland, for the purpose of determining whether the person appears to be a person who is, or has been, engaged in terrorism or hostile activity respectively. An Examining Officer may stop and question a person whether or not there are grounds for suspecting that the person is or has been engaged in terrorism or hostile activity.
	In England, Wales and Northern Ireland paragraph 10 of Schedule 8 to the TACT and paragraph 34 of Schedule 3 to the CTBSA allow Examining Officers to take fingerprints and non-intimate DNA samples ("biometrics") from individuals who have been detained under these powers while they are at the port.
	The powers for taking these biometrics in Scotland are contained in paragraph 20 of Schedule 8 to the TACT and paragraph 42 of Schedule 3 to the CTBSA. Amongst other things, a key difference is the requirement for those detained under Schedules 3 or 7 in Scotland to be taken to a police station in order to have their biometrics taken. This section enables the biometrics of persons detained in Scotland under Schedule 3 or 7 to be taken at ports, thereby bringing the position in Scotland into line with that in England, Wales and Northern Ireland.
	The exercise of the powers under Schedule 7 to TACT and Schedule 3 to the CTBSA is subject to codes of practice issued by the Secretary of State; these will be updated ahead of commencement of this section to reflect the changes made to the power to take biometrics in Scotland.
Part 1: Border Security Provision of biometric information at ports in Scotland Section 39: Provision of biometric information at ports in Scotland