Search Legislation

Regulation of Investigatory Powers Act 2000

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Regulation of Investigatory Powers Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Regulation of Investigatory Powers Act 2000

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Section 49.

SCHEDULE 2E+W+S+N.I. Persons having the appropriate permission

This schedulenoteType=Explanatory Notes has no associated

Requirement that appropriate permission is granted by a judgeE+W+S+N.I.

1(1)Subject to the following provisions of this Schedule, a person has the appropriate permission in relation to any protected information if, and only if, written permission for the giving of section 49 notices in relation to that information has been granted—E+W+S+N.I.

(a)in England and Wales, by a Circuit judge [F1or a District Judge (Magistrates' Courts)]F1 ;

(b)in Scotland, by a sheriff; or

(c)in Northern Ireland, by a county court judge.

(2)Nothing in paragraphs 2 to 5 of this Schedule providing for the manner in which a person may be granted the appropriate permission in relation to any protected information without a grant under this paragraph shall be construed as requiring any further permission to be obtained in a case in which permission has been granted under this paragraph.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Data obtained under warrant etc.E+W+S+N.I.

2(1)This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) where the statutory power in question is one exercised, or to be exercised, in accordance with—E+W+S+N.I.

(a)a warrant issued by the Secretary of State or a person holding judicial office; or

(b)an authorisation under Part III of the M1Police Act 1997 (authorisation of otherwise unlawful action in respect of property).

(2)Subject to sub-paragraphs (3) to (5) and paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—

(a)the warrant or, as the case may be, the authorisation contained the relevant authority’s permission for the giving of section 49 notices in relation to protected information to be obtained under the warrant or authorisation; or

(b)since the issue of the warrant or authorisation, written permission has been granted by the relevant authority for the giving of such notices in relation to protected information obtained under the warrant or authorisation.

(3)Only persons holding office under the Crown, the police [F2, SOCAF2][F3, SCDEA]F3 and [F4Her Majesty's Revenue and Customs]F4 shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by the Secretary of State.

(4)Only a person who—

(a)was entitled to exercise the power conferred by the warrant, or

(b)is of the description of persons on whom the power conferred by the warrant was, or could have been, conferred,

shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by a person holding judicial office.

(5)Only the police [F5, SOCAF5][F3, SCDEA]F3 and [F4Her Majesty's Revenue and Customs]F4 shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under an authorisation under Part III of the M2Police Act 1997.

(6)In this paragraph “the relevant authority”—

(a)in relation to a warrant issued by the Secretary of State, means the Secretary of State;

(b)in relation to a warrant issued by a person holding judicial office, means any person holding any judicial office that would have entitled him to issue the warrant; and

(c)in relation to protected information obtained under an authorisation under Part III of the M3Police Act 1997, means (subject to sub-paragraph (7)) an authorising officer within the meaning of section 93 of that Act.

(7)Section 94 of the M4Police Act 1997 (power of other persons to grant authorisations in urgent cases) shall apply in relation to—

(a)an application for permission for the giving of section 49 notices in relation to protected information obtained, or to be obtained, under an authorisation under Part III of that Act, and

(b)the powers of any authorising officer (within the meaning of section 93 of that Act) to grant such a permission,

as it applies in relation to an application for an authorisation under section 93 of that Act and the powers of such an officer under that section.

(8)References in this paragraph to a person holding judicial office are references to—

(a)any judge of the Crown Court or of the High Court of Justiciary;

(b)any sheriff;

(c)any justice of the peace;

(d)any resident magistrate in Northern Ireland; or

(e)any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.

(9)Protected information that comes into a person’s possession by means of the exercise of any statutory power which—

(a)is exercisable without a warrant, but

(b)is so exercisable in the course of, or in connection with, the exercise of another statutory power for which a warrant is required,

shall not be taken, by reason only of the warrant required for the exercise of the power mentioned in paragraph (b), to be information in the case of which this paragraph applies.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

Data obtained by the intelligence services under statute but without a warrantE+W+S+N.I.

3(1)This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) which—E+W+S+N.I.

(a)has come into the possession of any of the intelligence services or is likely to do so; and

(b)is not information in the case of which paragraph 2 applies.

(2)Subject to paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if written permission for the giving of section 49 notices in relation to that information has been granted by the Secretary of State.

(3)Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both—

(a)one or more of the intelligence services, and

(b)a public authority which is not one of the intelligence services,

as if a grant of permission under paragraph 1 were unnecessary only where the application to the Secretary of State for permission under that sub-paragraph is made by or on behalf of a member of one of the intelligence services.

Data obtained under statute by other persons but without a warrantE+W+S+N.I.

4(1)This paragraph applies—E+W+S+N.I.

(a)in the case of protected information falling within section 49(1)(a), (b) or (c) which is not information in the case of which paragraph 2 or 3 applies; and

(b)in the case of protected information falling within section 49(1)(d) which is not information also falling within section 49(1)(a), (b) or (c) in the case of which paragraph 3 applies.

(2)Subject to paragraph 6, where—

(a)the statutory power was exercised, or is likely to be exercised, by the police, [F6SOCA,F6][F7SCDEA,F7][F8Her Majesty's Revenue and Customs]F8 or a member of Her Majesty’s forces, or

(b)the information was provided or disclosed, or is likely to be provided or disclosed, to the police, [F6SOCA,F6][F7SCDEA,F7][F8Her Majesty's Revenue and Customs]F8 or a member of Her Majesty’s forces, or

(c)the information is in the possession of, or is likely to come into the possession of, the police, [F6SOCA,F6][F7SCDEA,F7][F8Her Majesty's Revenue and Customs]F8 or a member of Her Majesty’s forces,

the police, [F6SOCA,F6][F7SCDEA,F7][F8Her Majesty's Revenue and Customs]F8 or, as the case may be, members of Her Majesty’s forces have the appropriate permission in relation to the protected information, without any grant of permission under paragraph 1.

(3)In any other case a person shall not have the appropriate permission by virtue of a grant of permission under paragraph 1 unless he is a person falling within sub-paragraph (4).

(4)A person falls within this sub-paragraph if, as the case may be—

(a)he is the person who exercised the statutory power or is of the description of persons who would have been entitled to exercise it;

(b)he is the person to whom the protected information was provided or disclosed, or is of a description of person the provision or disclosure of the information to whom would have discharged the statutory duty; or

(c)he is a person who is likely to be a person falling within paragraph (a) or (b) when the power is exercised or the protected information provided or disclosed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

Data obtained without the exercise of statutory powersE+W+S+N.I.

5(1)This paragraph applies in the case of protected information falling within section 49(1)(e).E+W+S+N.I.

(2)Subject to paragraph 6, a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—

(a)the information is in the possession of any of the intelligence services, or is likely to come into the possession of any of those services; and

(b)written permission for the giving of section 49 notices in relation to that information has been granted by the Secretary of State.

(3)Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both—

(a)one or more of the intelligence services, and

(b)the police [F9, SOCAF9][F10, SCDEA]F10 or [F11Her Majesty's Revenue and Customs]F11 ,

as if a grant of permission under paragraph 1 were unnecessary only where the application to the Secretary of State for permission under that sub-paragraph is made by or on behalf of a member of one of the intelligence services.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

General requirements relating to the appropriate permissionE+W+S+N.I.

6(1)A person does not have the appropriate permission in relation to any protected information unless he is either—E+W+S+N.I.

(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)section 44 of the M5Terrorism Act 2000 (power to stop and search), or

(b)section 13A or 13B of the M6Prevention of Terrorism (Temporary Provisions) Act 1989 (which had effect for similar purposes before the coming into force of section 44 of the Terrorism Act 2000),

the permission required by sub-paragraph (2) shall not be granted by any person below the rank mentioned in section 44(4) of that Act of 2000 or, as the case may be, section 13A(1) of that Act of 1989.

[F12(3A)A member of the staff of the Serious Organised Crime Agency 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.]

[F13F12(3B)A member of the Scottish Crime and Drug Enforcement Agency 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 the Director General of that Agency;]

F13(4)[F14An officer of Revenue and Customs]F14 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 [F15the Commissioners for Her Majesty's Revenue and Customs]F15 ; or

(b)by an officer of [F16Revenue and Customs]F16 of or above such level as [F17the Commissioners]F17 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.

[F18(6)In sub-paragraph (2) “constable” does not include a constable who is a member of the staff of the Serious Organised Crime Agency [F19or a constable who is a member of the Scottish Crime and Drug Enforcement Agency]F19 .F18]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Marginal Citations

Duration of permissionE+W+S+N.I.

7(1)A permission granted by any person under any provision of this Schedule shall not entitle any person to give a section 49 notice at any time after the permission has ceased to have effect.E+W+S+N.I.

(2)Such a permission, once granted, shall continue to have effect (notwithstanding the cancellation, expiry or other discharge of any warrant or authorisation in which it is contained or to which it relates) until such time (if any) as it—

(a)expires in accordance with any limitation on its duration that was contained in its terms; or

(b)is withdrawn by the person who granted it or by a person holding any office or other position that would have entitled him to grant it.

Formalities for permissions granted by the Secretary of StateE+W+S+N.I.

8A permission for the purposes of any provision of this Schedule shall not be granted by the Secretary of State except—E+W+S+N.I.

(a)under his hand; or

(b)in an urgent case in which the Secretary of State has expressly authorised the grant of the permission, under the hand of a senior official.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources