129. Section 76 of the Act of 2008 is amended by—

(a) the insertion of the following definitions:

“ ‘ Act of 2014 ’ means the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014;

‘child’ means a person who has not attained the age of 18 years;

‘data controller’ has the meaning it has in section 1(1) of the Data Protection Act 1988;

‘DNA’ means deoxyribonucleic acid;

‘DNA profile’, in relation to a person, means information comprising a set of identification characteristics of the non-coding part of DNA derived from an examination and analysis of a bodily sample or DNA sample from the person and that is capable of comparison with similar information derived from an examination and analysis of another sample of biological material for the purpose of determining whether or not that other sample could relate to that person;

‘DNA sample’, in relation to a person, means a sample of hair other than pubic hair of the person or a swab from the mouth (including the inside of the mouth) of the person;

‘guardian’, in relation to a child (including a protected person who is a child), has the meaning it has in the Act of 2014;

‘inadequately labelled’ and ‘insufficient’, in relation to a DNA sample, have the meanings they have in the Act of 2014;

‘non-coding part of DNA’, in relation to a person, means the chromosome regions of the person’s DNA that are not known to provide for any functional properties of the person;

‘parent’, in relation to a protected person or a child, has the meaning it has in the Act of 2014;

‘protected person’ means, subject to subsection (2), a person (including a child) who, by reason of a mental or physical disability—

(a) lacks the capacity to understand the general nature and effect of the taking of identification evidence from him or her, or

(b) lacks the capacity to indicate (by speech, sign language or any other means of communication) whether or not he or she consents to identification evidence being taken from him or her;

‘relevant offence’ has the meaning it has in the Act of 2014.”,

(b) the substitution of the following definition for the definition of “identification evidence”:

“ ‘identification evidence’, in relation to a person, means—

(a) a fingerprint, palm print or photograph of the person,

(b) a bodily sample from the person or the DNA profile of the person generated from such a sample, or

(c) a DNA sample from the person or the DNA profile of the person generated from such a sample,

and includes any related records;”,

(c) the designation of that section (as amended by paragraphs (a) and (b)) as subsection (1), and

(d) the addition of the following subsections after subsection (1):

“(2) The reference in the definition of ‘protected person’ in subsection (1)to a mental or physical disability in relation to a person (including a child) shall be construed as not including a reference to the person being under the intoxicating influence of any alcoholic drink, drug, solvent or any other substance or combination of substances.

(3) In the application of this Chapter in relation to a protected person or a child who is married, the references in sections 79 and 79B to a parent or guardian of the person or child, as the case may be, shall be construed as references to his or her spouse.”.