5(1)This paragraph applies in the case of protected information falling within section 49(1)(e).U.K.
(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, [F1the National Crime Agency] F2... or [F3Her Majesty's Revenue and Customs],
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.
Textual Amendments
F1Words in Sch. 2 para. 5(3)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(4); S.I. 2013/1682, art. 3(v)
F2Word in Sch. 2 para. 5(3)(b) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(26)(c)
F3Words in Sch. 2 para. 5(3)(b) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(1); S.I. 2008/219, art. 2(b)