The Regulation of Investigatory Powers (Intrusive Surveillance) Order 2003

Statutory Instruments

2003 No. 3174

INVESTIGATORY POWERS

The Regulation of Investigatory Powers (Intrusive Surveillance) Order 2003

Made

5th December 2003

Coming into force

5th January 2004

Whereas a draft of this Order has been laid before Parliament and approved by a resolution of each House;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 41(3) and (4) of the Regulation of Investigatory Powers Act 2000(1), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Regulation of Investigatory Powers (Intrusive Surveillance) Order 2003 and shall come into force one month after the day on which it is made.

Designated public authority

2.  The Northern Ireland Office is hereby designated for the purposes of section 41 of the Regulation of Investigatory Powers Act 2000 as a public authority whose activities may require the carrying out of intrusive surveillance.

Prescribed offices, ranks and positions

3.  An application for an authorisation for the carrying out of intrusive surveillance may be made only by an individual holding an office, rank or position in the Northern Ireland Prison Service.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

5th December 2003

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order specifies the Northern Ireland Office as a public authority whose activities may require the carrying out of intrusive surveillance so enabling the Secretary of State to authorise it to carry out such surveillance under the Regulation of Investigatory Powers Act 2000.

Article 3 of this Order provides that of the individuals within the Northern Ireland Office only those holding an office, rank or position in the Northern Ireland Prison Service may make applications to the Secretary of State for intrusive surveillance authorisations.

(1)

2000 c. 23.