Regulation of Investigatory Powers Act 2000

6 (1) A person does not have the appropriate permission in relation to any protected information unless he is either— U.K.

(a) a person who has the protected information in his possession or is likely to obtain possession of it; or

(b) a person who is authorised (apart from this Act) to act on behalf of such a person.

(2) Subject to sub-paragraph (3), a constable does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—

(a) he is of or above the rank of superintendent; or

(b) permission to give a section 49 notice in relation to that information has been granted by a person holding the rank of superintendent, or any higher rank.

(3) In the case of protected information that has come into the police’s possession by means of the exercise of powers conferred by—

(a) [F1 section 47A] of the M1 Terrorism Act 2000 (power to stop and search) [F2 (including that section as it had effect by virtue of the Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)], or

(b) [F3 section 44 of the Terrorism Act 2000 or] section 13A or 13B of the M2 Prevention of Terrorism (Temporary Provisions) Act 1989 (which [F4 previously had effect for similar purposes],

the permission required by sub-paragraph (2) shall not be granted by any person below the rank mentioned in [F5 paragraph 14(1) and (2) of Schedule 6B to that Act of 2000 (see the definition of “senior police officer”),] section 44(4) of that Act of 2000 or, as the case may be, section 13A(1) of that Act of 1989.

[F6 (3A) A [F7 National Crime Agency officer] does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—

(a) by the Director General; or

(b) by a member of the staff of the Agency of or above such level as the Director General may designate for the purposes of this sub-paragraph.]

F8 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F9 An officer of Revenue and Customs] does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—

(a) by [F10 the Commissioners for Her Majesty's Revenue and Customs]; or

(b) by an officer of [F11 Revenue and Customs] of or above such level as [F12 the Commissioners] may designate for the purposes of this sub-paragraph.

(5) A member of Her Majesty’s forces does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—

(a) he is of or above the rank of lieutenant colonel or its equivalent; or

(b) permission to give a section 49 notice in relation to that information has been granted by a person holding the rank of lieutenant colonel or its equivalent, or by a person holding a rank higher than lieutenant colonel or its equivalent.

[F13 (6) In sub-paragraph (2) “constable” does not include a constable who is a [F14 National Crime Agency officer] F15 ....]

Textual Amendments

F1 Words in Sch. 2 para. 6(3)(a) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(a)(i) (with s. 97); S.I. 2012/1205, art. 4(k)

F2 Words in Sch. 2 para. 6(3)(a) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(a)(ii) (with s. 97); S.I. 2012/1205, art. 4(k)

F3 Words in Sch. 2 para. 6(3)(b) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(b)(i) (with s. 97); S.I. 2012/1205, art. 4(k)

F4 Words in Sch. 2 para. 6(3)(b) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(b)(ii) (with s. 97); S.I. 2012/1205, art. 4(k)

F5 Words in Sch. 2 para. 6(3) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(c) (with s. 97); S.I. 2012/1205, art. 4(k)

F6 Sch. 2 para. 6(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(5)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F7 Words in Sch. 2 para. 6(3A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(5); S.I. 2013/1682, art. 3(v)

F8 Sch. 2 para. 6(3B) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(26)(d)(i)

F9 Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(a)

F10 Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(b)

F11 Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(c)

F12 Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(d)

F13 Sch. 2 para. 6(6) added (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(5)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F14 Words in Sch. 2 para. 6(6) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(5); S.I. 2013/1682, art. 3(v)

F15 Words in Sch. 2 para. 6(6) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(26)(d)(ii)

Modifications etc. (not altering text)

C1 Sch. 2 para. 6(3) modified (18.3.2011) by The Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 5, Sch. 2 para. 4

Marginal Citations

M1 2000 c. 11.

M2 1989 c. 4.