- Latest available (Revised)
- Original (As enacted)
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.
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.
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):
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.
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 [F1, SOCAF1][F2, SCDEA]F2 and [F3Her Majesty's Revenue and Customs]F3 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 [F4, SOCAF4][F2, SCDEA]F2 and [F3Her Majesty's Revenue and Customs]F3 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;
(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.
Modifications etc. (not altering text)
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.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Click 'View More' or select 'More Resources' tab for additional information including: