Modifications etc. (not altering text)
C1Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2
C2Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)
C3Pt. 3 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2 (as amended (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(5) (with reg. 37))
C4Pt. 3: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(b) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 107 repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)
(1)In this Part—
[F2“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;]
“authorisation” means an authorisation under section 93;
“authorising officer” has the meaning given by section 93(5);
“criminal proceedings” includes [F3proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;]
F4...
“designated deputy” has the meaning given in section 94(4);
[F5“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);]
[F6“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;]
“United Kingdom waters” has the meaning given in section 30(5) of the M1Police Act 1996; and
“wireless telegraphy” has the same meaning as in [F7the Wireless Telegraphy Act 2006] and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.
[F8(1A)A reference in this Part to a staff officer of the Police Investigations and Review Commissioner is to any person who—
(a)is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or
(b)is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.]
(2)Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.
(3)For the purposes of this Part, an authorisation (or renewal) given—
(a)by the designated deputy of an authorising officer, or
(b)by a person on whom an authorising officer’s powers are conferred by section 94,
shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.
Textual Amendments
F2In s. 108(1) definition of "Assistant Commissioner of Police of the Metropolis" inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(12) (with s. 82(3)); S.I. 2000/2543, art. 2
F3Words in s. 108(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 148; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F4Words in s. 108(1) repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 4, Sch. 14; S.I. 2008/219, art. 2(b)(d)(i)
F5Words in s. 108(1) inserted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 74 (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F6Words in s. 108(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 9; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
F7Words in s. 108(1) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 19
F8S. 108(1A) inserted (S.) (1.7.2016) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 112, 117(2); S.S.I. 2016/199, art. 2
Modifications etc. (not altering text)
C5S. 108(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 41
Marginal Citations