43. (1) A sample taken under this section from a member of the staff of FSI shall be used to generate a DNA profile in respect of the member of staff to be entered in the elimination (crime scene investigators) index of the DNA Database System for the purpose, in relation to the investigation of offences, of ascertaining whether that member of staff has contaminated a crime scene sample.

(2) A sample shall be taken under this section from a member of the staff of FSI who is appointed as such a member of staff after the commencement of this section.

(3) A sample may be taken under this section from a member of the staff of FSI who is such a member of staff upon the commencement of this section only if he or she consents in writing to having such a sample taken from him or her.

(4) A person who is authorised in writing by the Director of FSI to take samples under this section shall inform a member of the staff of FSI of the following before taking, or causing to be taken, such a sample from him or her:

(a) that the sample is to be taken from him or her under this section;

(b) in a case in which a sample already taken under this section from the member of staff has proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 47(2) a second or further sample under this section is required to be taken from him or her—

(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and

(ii) that a second or further sample under this section is, in accordance with section 47(2), to be taken from him or her;

(c) that the sample will be used to generate a DNA profile in respect of the person to be entered in the elimination (crime scene investigators) index of the DNA Database System and the effect of such an entry; and

(d) that the sample may be destroyed, and the DNA profile in respect of the person entered in the elimination (crime scene investigators) index of the DNA Database System may be removed from that System, in accordance with Part 10.

(5) Subject to this Act, a person who is authorised in writing by the Director of FSI to take samples under this section may take, or cause to be taken, such a sample from a member of the staff of FSI.

(6) A sample that was taken from a member of the staff of FSI before the commencement of this section for the purpose, in relation to the investigation of offences, of ascertaining whether that member of staff has contaminated a crime scene sample, and any DNA profile that was generated from the sample in respect of the member of staff, shall be regarded as a sample taken from him or her under this section and a DNA profile generated from the sample to be entered in the elimination (crime scene investigators) index of the DNA Database System in respect of him or her only if—

(a) that member of staff consents in writing to the sample and DNA profile concerned being so regarded, and

(b) before the consent referred to in paragraph (a) is obtained, subsection (4) shall, with any necessary modifications, be applied in relation to that member of staff.