For the purposes of this Division, the "respondent" to an application relating
to forensic material is—
(a) in
the case of an application for a retention order—the person who
requested destruction of the forensic material to which the application
relates; or
(b) in
the case of an application for an assimilation order—
(i)
if the person from whom the forensic material was
obtained is a protected person—
(A) if the person is a child—the
closest available next of kin of the child; or
(B) if the person is not a child—the
person's guardian or, if the person does not have a guardian, the
closest available next of kin of the person; or
(ii)
in any other case—the person from whom the
forensic material was obtained.