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The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment (No. 2) Order 2003
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- 2003 No. 50
- Explanatory Note
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Explanatory Note
(This note is not part of the Order)
This Order revokes and restates the provisions in the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2003 (S.S.I. 2003/20) (“the First Amendment Order”).
The First Amendment Order was defective because article 1 did not specify the date in February 2003 when it was to come into force.
Article 2 of this Order, which revokes the First Amendment Order, comes into force on 31 January 2003 so that it is clear that the First Amendment Order never came into force.
Article 3 of this Order amends the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000. That Order prescribes offices, ranks and positions for the purposes of section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 2000 under which individuals holding such offices, ranks or positions are designated persons for the purposes of granting authorisations under either section 6 of that Act for directed surveillance or section 7 for covert human intelligence sources.
The amendment substitutes the reference to persons holding the office, rank or position of Head of Unit in the Fraud Investigation Unit of the Common Services Agency of the Health Service with a reference to persons holding the office, rank or position of Senior Investigator – RIP(S)A in NHSScotland Counter Fraud Services.
These changes reflect the change of name of the body concerned and the need for additional officers to be designated in relation to its functions. Article 3 comes into force on 28 February 2003.
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