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Regulation of Investigatory Powers Act 2000

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Point in time view as at 25/09/2000.

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SCHEDULES

Section 30.

SCHEDULE 1E+W+S+N.I. Relevant Public Authorities

Part IE+W+S+N.I. Relevant authorities for the purposes of ss. 28 and 29

Police forces etc.E+W+S+N.I.

1Any police force.E+W+S+N.I.

over 05/01/2004

1AThe United Kingdom Atomic Energy Authority Constabulary.

2The National Criminal Intelligence Service.

over 01/04/2007

[F12AThe Scottish Crime and Drug Enforcement Agency]E+W+S+N.I.

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Amendments (Textual)

F23The National Crime Squad.E+W+S+N.I.

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Amendments (Textual)

4The Serious Fraud Office.E+W+S+N.I.

over 05/05/2005

[F34AThe force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 F4 on the nomination of the Dover Harbour Board.E+W+S+N.I.

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Amendments (Textual)

over 05/05/2005

4BThe force comprising the constables appointed under article 3 of the Mersey Docks and Harbour (Police) Order 1975 F5 on the nomination of the Mersey Docks and Harbour Company.]E+W+S+N.I.

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Amendments (Textual)

The intelligence servicesE+W+S+N.I.

5Any of the intelligence services.E+W+S+N.I.

The armed forcesE+W+S+N.I.

6Any of Her Majesty’s forces.E+W+S+N.I.

The revenue departmentsE+W+S+N.I.

7The Commissioners of Customs and Excise.

F68The Commissioners of Inland Revenue.E+W+S+N.I.

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Amendments (Textual)

F6Sch. 1 para. 7 and cross-heading substituted (15.2.2008) for Sch. 1 paras. 7, 8 and cross-heading by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 28; S.I. 2008/219, art. 2(b)

Government departmentsE+W+S+N.I.

over 05/03/2009

  • [F7The Department of Energy and Climate Change.]

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Amendments (Textual)

9The Ministry of Agriculture, Fisheries and Food.

over 12/12/2007

9ZAThe Department for Business, Enterprise and Regulatory Reform.

over 13/11/2009

[F89ZBThe Department for Business, Innovation and Skills.]E+W+S+N.I.

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Amendments (Textual)

over 21/08/2006

[F99AThe Department for Communities and Local Government]E+W+S+N.I.

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Amendments (Textual)

10The Ministry of Defence.E+W+S+N.I.

11The Department of the Environment, Transport and the Regions.

12The Department of Health.E+W+S+N.I.

13The Home Office.E+W+S+N.I.

over 22/08/2007

[F1013ZAThe Ministry of Justice]E+W+S+N.I.

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Amendments (Textual)

over 05/01/2004

[F1113AThe Northern Ireland Office.]E+W+S+N.I.

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Amendments (Textual)

14The Department of Social Security.

15The Department of Trade and Industry.

The National Assembly for WalesE+W+S+N.I.

16The National Assembly for Wales.

Local authoritiesE+W+S+N.I.

17Any local authority (within the meaning of section 1 of the M1Local Government Act 1999).

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Marginal Citations

over 05/01/2004

[F1217AAny fire authority within the meaning of the Fire Services Act 1947 F13 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985 F14).]E+W+S+N.I.

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Amendments (Textual)

Other bodiesE+W+S+N.I.

over 05/01/2004

[F1517BThe Charity Commission.]E+W+S+N.I.

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Amendments (Textual)

18The Environment Agency.E+W+S+N.I.

19The Financial Services Authority.E+W+S+N.I.

20The Food Standards Agency.E+W+S+N.I.

over 05/01/2004

20AThe Gaming Board for Great Britain.

over 05/01/2004

[F1620BThe Office of Fair Trading.E+W+S+N.I.

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Amendments (Textual)

over 05/01/2004

20CThe Office of the Police Ombudsman for Northern Ireland.E+W+S+N.I.

over 05/01/2004

20DThe Postal Services Commission.]E+W+S+N.I.

over 26/07/2006

[F1720EThe Gangmasters Licensing Authority.]E+W+S+N.I.

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Amendments (Textual)

over 26/07/2006

20FThe Commission for Healthcare Audit and Inspection.

21The Intervention Board for Agricultural Produce.

22The Personal Investment Authority.

23The Post Office.

over 29/12/2003

[F1823AThe Office of Communications.]E+W+S+N.I.

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Amendments (Textual)

F18Sch. 1 para. 23A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 161(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1) Sch. 1 {subject to art. 3(3)}

Part IIE+W+S+N.I. Relevant authorities for the purposes only of s. 28

The Health and Safety ExecutiveE+W+S+N.I.

24The Health and Safety Executive.E+W+S+N.I.

NHS bodies in England and WalesE+W+S+N.I.

25A Health Authority established under section 8 of the M2National Health Service Act 1977.

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Marginal Citations

26A Special Health Authority established under section 11 of the M3National Health Service Act 1977.

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27A National Heath Service trust established under section 5 of the M4National Health Service and Community Care Act 1990.

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Marginal Citations

over 05/01/2004

27ALocal Health Boards in Wales established under section 6 of the National Health Service Reform and Health Care Professions Act 2002 F19.

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Amendments (Textual)

over 05/01/2004

Her Majesty’s Chief Inspector of Schools in EnglandE+W+S+N.I.

27BHer Majesty’s Chief Inspector of Schools in England.

over 05/01/2004

[F20The Information CommissionerE+W+S+N.I.

27CThe Information Commissioner.]E+W+S+N.I.

over 05/01/2004

The Royal Parks ConstabularyE+W+S+N.I.

27DThe Royal Parks Constabulary.

The Royal Pharmaceutical Society of Great BritainE+W+S+N.I.

28The Royal Pharmaceutical Society of Great Britain.E+W+S+N.I.

over 01/10/2007

Section 49.

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

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

Prospective

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—

(a)in England and Wales, by a Circuit judge;

(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.

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

Prospective

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—

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

(b)an authorisation under Part III of the M5Police 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 [F21, SOCA]F21 and customs and excise 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 [F22, SOCA]F22 and the customs and excise 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 M6Police 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 M7Police 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 M8Police 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.

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

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—

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

(b)an authorisation under Part III of the M5Police 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 and customs and excise 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 and the customs and excise 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 M6Police 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 M7Police 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 M8Police 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.

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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.

Prospective

4(1)This paragraph applies—

(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, [F23SOCA,]F23 the customs and excise 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, [F23SOCA,]F23 the customs and excise 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, [F23SOCA,]F23 the customs and excise or a member of Her Majesty’s forces,

the police, [F23SOCA,]F23 the customs and excise 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.

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Amendments (Textual)

Modifications etc. (not altering text)

4(1)This paragraph applies—

(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, the customs and excise 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, the customs and excise 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, the customs and excise or a member of Her Majesty’s forces,

the police, the customs and excise 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.

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Modifications etc. (not altering text)

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

Prospective

5(1)This paragraph applies in the case of protected information falling within section 49(1)(e).

(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 [F24, SOCA]F24 or the customs and excise,

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.

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Amendments (Textual)

5(1)This paragraph applies in the case of protected information falling within section 49(1)(e).

(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 or the customs and excise,

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.

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

Prospective

6(1)A person does not have the appropriate permission in relation to any protected information unless he is either—

(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 M9Terrorism Act 2000 (power to stop and search), or

(b)section 13A or 13B of the M10Prevention 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.

[F25(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.]

F25(4)A person commissioned by the Commissioners of Customs and Excise 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 those Commissioners themselves; or

(b)by an officer of their department of or above such level as they 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.

[F26(6)In sub-paragraph (2) “constable” does not include a constable who is a member of the staff of the Serious Organised Crime Agency.F26]

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Amendments (Textual)

Marginal Citations

6(1)A person does not have the appropriate permission in relation to any protected information unless he is either—

(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 M9Terrorism Act 2000 (power to stop and search), or

(b)section 13A or 13B of the M10Prevention 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.

(4)A person commissioned by the Commissioners of Customs and Excise 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 those Commissioners themselves; or

(b)by an officer of their department of or above such level as they 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.

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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.

over 02/10/2000

Section 65.

SCHEDULE 3E+W+S+N.I. The Tribunal

Membership of the TribunalE+W+S+N.I.

1(1)A person shall not be appointed as a member of the Tribunal unless he is—

(a)a person who holds or has held a high judicial office (within the meaning of the M11Appellate Jurisdiction Act 1876);

(b)a person who has a ten year general qualification, within the meaning of section 71 of the M12Courts and Legal Services Act 1990;

(c)an advocate or solicitor in Scotland of at least ten years’ standing; or

(d)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years’ standing.

(2)Subject to the following provisions of this paragraph, the members of the Tribunal shall hold office during good behaviour.

(3)A member of the Tribunal shall vacate office at the end of the period of five years beginning with the day of his appointment, but shall be eligible for reappointment.

(4)A member of the Tribunal may be relieved of office by Her Majesty at his own request.

(5)A member of the Tribunal may be removed from office by Her Majesty on an Address presented to Her by both Houses of Parliament.

(6)If the Scottish Parliament passes a resolution calling for the removal of a member of the Tribunal, it shall be the duty of the Secretary of State to secure that a motion for the presentation of an Address to Her Majesty for the removal of that member, and the resolution of the Scottish Parliament, are considered by each House of Parliament.

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Marginal Citations

President and Vice-PresidentE+W+S+N.I.

2(1)Her Majesty may by Letters Patent appoint as President or Vice-President of the Tribunal a person who is, or by virtue of those Letters will be, a member of the Tribunal.

(2)A person shall not be appointed President of the Tribunal unless he holds or has held a high judicial office (within the meaning of the M13Appellate Jurisdiction Act 1876).

(3)If at any time—

(a)the President of the Tribunal is temporarily unable to carry out any functions conferred on him by this Schedule or any rules under section 69, or

(b)the office of President of the Tribunal is for the time being vacant,

the Vice-President shall carry out those functions.

(4)A person shall cease to be President or Vice-President of the Tribunal if he ceases to be a member of the Tribunal.

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Marginal Citations

Members of the Tribunal with special responsibilitiesE+W+S+N.I.

3(1)The President of the Tribunal shall designate one or more members of the Tribunal as the member or members having responsibilities in relation to matters involving the intelligence services.E+W+S+N.I.

(2)It shall be the duty of the President of the Tribunal, in exercising any power conferred on him by rules under section 69 to allocate the members of the Tribunal who are to consider or hear any complaint, proceedings, reference or preliminary or incidental matter, to exercise that power in a case in which the complaint, proceedings or reference relates to, or to a matter involving—

(a)an allegation against any of the intelligence services or any member of any of those services, or

(b)conduct by or on behalf of any of those services or any member of any of those services,

in such manner as secures that the allocated members consist of, or include, one or more of the members for the time being designated under sub-paragraph (1).

Salaries and expensesE+W+S+N.I.

4(1)The Secretary of State shall pay to the members of the Tribunal out of money provided by Parliament such remuneration and allowances as he may with the approval of the Treasury determine.E+W+S+N.I.

(2)Such expenses of the Tribunal as the Secretary of State may with the approval of the Treasury determine shall be defrayed by him out of money provided by Parliament.

OfficersE+W+S+N.I.

5(1)The Secretary of State may, after consultation with the Tribunal and with the approval of the Treasury as to numbers, provide the Tribunal with such officers as he thinks necessary for the proper discharge of their functions.E+W+S+N.I.

(2)The Tribunal may authorise any officer provided under this paragraph to obtain any documents or information on the Tribunal’s behalf.

Parliamentary disqualificationE+W+S+N.I.

6In Part II of Schedule 1 to the M14House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the M15Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted (at the appropriate places) the following entry—E+W+S+N.I.

The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.

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Marginal Citations

Section 82.

SCHEDULE 4E+W+S+N.I. Consequential amendments

over 02/10/2000

The Post Office Act 1953 (c. 36)E+W+S+N.I.

1In section 58(1) of the M16Post Office Act 1953 (opening or delaying of postal packets by officers of Post Office), after “the Interception of Communications Act 1985” there shall be inserted “ or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000 ”.

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Marginal Citations

over 02/10/2000

The Post Office Act 1969 (c. 48)E+W+S+N.I.

2In paragraph 1(1) of Schedule 5 to the M17Post Office Act 1969 (repair of minor deficiencies in certain Acts), for the words from “in obedience” to the end of the sub-paragraph there shall be substituted “ under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000, under section 11(9) of that Act or in pursuance of a requirement imposed by the Interception of Communications Commissioner under section 58(1) of that Act or imposed by section 68(6) of that Act or by or in accordance with any rules under section 69 of that Act. ”

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Marginal Citations

over 02/10/2000

The Telecommunications Act 1984 (c. 12)E+W+S+N.I.

3In section 45 of the M18Telecommunications Act 1984 (offence of disclosing of messages and use of telecommunication system), for subsections (2) and (3) there shall be substituted—

(2)Subsection (1) above does not apply to any disclosure made—

(a)in accordance with the order of any court or for the purposes of any criminal proceedings;

(b)in accordance with any warrant, authorisation or notice issued, granted or given under any provision of the Regulation of Investigatory Powers Act 2000;

(c)in compliance with any requirement imposed (apart from that Act) in consequence of the exercise by any person of any statutory power exercisable by him for the purpose of obtaining any document or other information; or

(d)in pursuance of any duty under that Act of 2000, or under Part III of the M19Police Act 1997, to provide information or produce any document to the Interception of Communications Commissioner or to the tribunal established under section 65 of that Act of 2000.

(3)In subsection (2) above “criminal proceedings” and “statutory power” have the same meanings as in the Regulation of Investigatory Powers Act 2000.

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Commencement Information

I1Sch. 4 para. 3 wholly in force; Sch. 4 para. 3 not in force at Royal Assent see s. 83(2); Sch. 4 para. 3 in force at 2.10.2000 by S.I. 2000/2543, art. 3 (subject to transitional provisions in art. 5)

Marginal Citations

The Security Service Act 1989 (c. 5)E+W+S+N.I.

4(1)In section 1 of the M20Security Service Act 1989 (functions of the Security Service), after subsection (4) there shall be inserted—E+W+S+N.I.

(5)Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.

(2)In section 2(2)(a) of that Act (duty of Director General to secure that information not disclosed except for authorised purposes), for “preventing or detecting” there shall be substituted “ the prevention or detection of ”.

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Marginal Citations

over 02/10/2000

The Official Secrets Act 1989 (c. 6)E+W+S+N.I.

5In section 4(3)(a) of the M21Official Secrets Act 1989 (offence of disclosing interception information), after “1985” there shall be inserted “ or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000 ”.E+W+S+N.I.

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Marginal Citations

The Intelligence Services Act 1994 (c. 13)E+W+S+N.I.

6In section 11 of the M22Intelligence Services Act 1994 (interpretation), after subsection (1) there shall be inserted—E+W+S+N.I.

(1A)Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act.

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Marginal Citations

over 02/10/2000

The Criminal Procedure and Investigations Act 1996 (c. 25)E+W+S+N.I.

7(1)In each of sections 3(7), 7(6), 8(6) and 9(9) of the M23Criminal Procedure and Investigations Act 1996 (exceptions for interceptions from obligations to make disclosures to the defence), for paragraphs (a) and (b) there shall be substituted “ it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000. ”E+W+S+N.I.

(2)In section 23(6) of that Act (code of practice not to apply to material intercepted under the Interception of Communications Act 1985), after “1985” there shall be inserted “ or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000 ”.

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Marginal Citations

The Police Act 1997 (c. 50)E+W+S+N.I.

8(1)In section 91(9) of the M24Police Act 1997 (staff for Surveillance Commissioners)—

(a)after “Chief Commissioner” there shall be inserted “ and subject to the approval of the Treasury as to numbers ”; and

(b)after “Commissioners” there shall be inserted “ and any Assistant Surveillance Commissioners holding office under section 63 of the Regulation of Investigatory Powers Act 2000 ”.

(2)In section 93(3) of that Act (persons who may make an application to an authorising officer within section 93(5))—

(a)in paragraph (a), for “(e)” there shall be substituted “ (ea) or (ee) ”; and

(b)after that paragraph there shall be inserted—

(aa)if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police;.

(3)In section 94(1) of that Act (circumstances in which authorisations may be given in absence of authorising officer), in paragraph (b), for “, (f), (g) or (h)” there shall be substituted “ or (f) ”, and after that paragraph there shall be inserted or

(c)if the authorising officer is within paragraph (g) of section 93(5), it is also not reasonably practicable for the application to be considered either—

(i)by any other person designated for the purposes of that paragraph; or

(ii)by the designated deputy of the Director General of the National Crime Squad.

(4)In section 94(2) of that Act (persons who may act in absence of the authorising officer)—

(a)after paragraph (d), there shall be inserted—

(da)where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;

(db)where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the Royal Navy Regulating Branch;

(dc)where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;

(dd)where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the British Transport Police;;

(b)in paragraph (e), the words “or (g)” and “or, as the case may be, of the National Crime Squad” shall be omitted; and

(c)after that paragraph, there shall be inserted—

(ea)where the authorising officer is within paragraph (g) of that subsection, by a person designated for the purposes of this paragraph by the Director General of the National Crime Squad as a person entitled to act in an urgent case;.

(5)In section 94(3) of that Act (rank of police members of the National Crime Intelligence Squad and National Crime Squad entitled to act), after “(2)(e)” there shall be inserted “ or (2)(ea) ”.

(6)In section 95 of that Act (authorisations: form and duration etc.)—

(a)in each of subsections (4) and (5), for the words from “the action” onwards there shall be substituted “ the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied. ”; and

(b)in subsection (6), for “or (e)” there shall be substituted “ , (e) or (g) ”.

(7)In section 97 of that Act (authorisations requiring approval), in subsection (6), the words from “(and paragraph 7” onwards shall be omitted, and after that subsection there shall be inserted—

(6A)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b), (e) or (g) of section 93(5), as a reference to the Commissioner of Police, Chief Constable or, as the case may be, Director General mentioned in the paragraph concerned.

(8)In section 103(7) of that Act (quashing authorisations), for the words from “and paragraph 7” onwards there shall be substituted “ and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section. ”

(9)In section 105 of that Act (appeals by authorising officers: supplementary), in subsection (1)(a), the word “and” shall be inserted at the end of sub-paragraph (i), and sub-paragraph (iii) and the word “and” immediately preceding it shall be omitted.

(10)In section 107 of that Act—

(a)in subsection (2) (report of Chief Surveillance Commissioner on the discharge of his functions under Part III of that Act)—

(i)for “the discharge of functions under this Part” there shall be substituted “ the matters with which he is concerned ”; and

(ii)for “any matter relating to those functions” there shall be substituted “ anything relating to any of those matters ”;

(b)in subsection (4) (matters that may be excluded from a report), for “the prevention or detection of serious crime or otherwise” there shall be substituted “ any of the purposes for which authorisations may be given or granted under this Part of this Act or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000 or ”; and

(c)after subsection (5) (duty to co-operate with the Chief Surveillance Commissioner) there shall be inserted the subsections set out in sub-paragraph (11).

(11)The subsections inserted after subsection (5) of section 107 of that Act are as follows—

(5A)It shall be the duty of—

(a)every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Chief Commissioner,

(b)every person who has engaged in conduct with the authority of such an authorisation,

(c)every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a),

(d)every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II of the Regulation of Investigatory Powers Act 2000) activities which are or may be subject to any such review have been or may be carried out, and

(e)every person to whom a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (notices imposing a disclosure requirement in respect of information protected by a key) has been given in relation to any information obtained by conduct to which such an authorisation relates,

to disclose or provide to the Chief Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.

(5B)It shall be the duty of every Commissioner to give the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 all such assistance (including his opinion as to any issue falling to be determined by that tribunal) as that tribunal may require—

(a)in connection with the investigation of any matter by that tribunal; or

(b)otherwise for the purposes of that tribunal’s consideration or determination of any matter.

(5C)In this section “public authority” means any public authority within the meaning of section 6 of the M25Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.

(12)In section 108(1) of that Act after “In this Part—” there shall be inserted—

Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;.

(13)In Part VII of that Act, before section 134 there shall be inserted—

133A Meaning of “prevention” and “detection”.

Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.

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Marginal Citations

over 02/10/2000

The Northern Ireland Act 1998 (c. 47)E+W+S+N.I.

9In paragraph 17(b) of Schedule 2 to the M26Northern Ireland Act 1998 (excepted matters), for “the Interception of Communications Act 1985” there shall be substituted “ Chapter I of Part I of the Regulation of Investigatory Powers Act 2000 ”.E+W+S+N.I.

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Marginal Citations

over 02/10/2000

The Electronic Communications Act 2000 (c. 7)E+W+S+N.I.

10In section 4(2) of the M27Electronic Communications Act 2000 (exception to rules restricting disclosure of information obtained under Part I of that Act), for the word “or” at the end of paragraph (e) there shall be substituted—E+W+S+N.I.

(ea)for the purposes of any proceedings before the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000; or.

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Marginal Citations

over 02/10/2000

The Financial Services and Markets Act 2000 (c. 8)E+W+S+N.I.

11In section 394(7) of the M28Financial Services and Markets Act 2000 (exclusion of material from material of the Authority to which a person must be allowed access), for paragraphs (a) and (b) there shall be substituted—E+W+S+N.I.

(a)is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000; or

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Marginal Citations

over 02/10/2000

The Terrorism Act 2000 (c. 11)E+W+S+N.I.

12(1)In section 9(2)(d) of the M29Terrorism Act 2000 (proceedings under the M30Human Rights Act 1998), for “8” there shall be substituted “ 7 ”.E+W+S+N.I.

(2)In each of paragraphs 6(3) and 7(5) of Schedule 3 to that Act (references to an organisation and representative in paragraphs 5 and 8 of that Schedule), for “paragraphs 5 and 8” there shall be substituted “ paragraph 5 ”.

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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.

Marginal Citations

Section 82.

SCHEDULE 5E+W+S+N.I. Repeals

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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.

Commencement Information

I2Sch. 5 partly in force; Sch. 5 not in force at Royal Assent see s. 83(2); Sch. 5 in force for certain purposes at 25.9.2000 and Sch. 5 in force to the extent that it is not already in force at 2.10.2000 by S.I. 2000/2543, arts. 2, 3 (subject to transitional provisions in art. 6)

ChapterShort titleExtent of repeal
1975 c. 24.The House of Commons Disqualification Act 1975.In Part II of Schedule 1, the words “The Tribunal established under the Interception of Communications Act 1985”, “The Tribunal established under the Security Service Act 1989”, and “The Tribunal established under section 9 of the Intelligence Services Act 1994”.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Part II of Schedule 1, the words “The Tribunal established under the Interception of Communications Act 1985”, “The Tribunal established under the Security Service Act 1989”, and “The Tribunal established under section 9 of the Intelligence Services Act 1994”.
1985 c. 56.The Interception of Communications Act 1985.Sections 1 to 10.
Section 11(3) to (5).
Schedule 1.
1989 c. 5.The Security Service Act 1989.Sections 4 and 5.
Schedules 1 and 2.
1989 c. 6.The Official Secrets Act 1989.In Schedule 1, paragraph 3.
1990 c. 41.The Courts and Legal Services Act 1990.In Schedule 10, paragraphs 62 and 74.
1994 c. 13.The Intelligence Services Act 1994.In section 6(1)(b), the words “of his department”.
In section 7(5)(b), the words “of his department”.
Sections 8 and 9.
In section 11(1), paragraph (b).
Schedules 1 and 2.
1997 c. 50.The Police Act 1997.In section 93(6), paragraph (f) and the word “and” immediately preceding it.
In section 94(1), the word “or” at the end of paragraph (a).
In section 94(2)(e), the words “or (g)” and “or, as the case may be, of the National Crime Squad”.
In section 94(4)—
(a) the words “in his absence”, in each place where they occur; and
(b) paragraph (d) and the word “and” immediately preceding it.
In section 97(6), the words from “(and paragraph 7” onwards.
Sections 101 and 102.
In section 104—
(a) in subsection (1), paragraph (g);
(b) in each of subsections (4), (5) and (6), paragraph (b) and the word “or” immediately preceding it;
(c) in subsection (8), paragraph (b) and the word “and” immediately preceding it.
In section 105(1)(a), sub-paragraph (iii) and the word “and” immediately preceding it.
Section 106.
Section 107(6).
Schedule 7.
1997 c. 68.The Special Immigration Appeals Commission Act 1997.Section 5(7).
1998 c. 37.The Crime and Disorder Act 1998.Section 113(1) and (3).
2000 c. 11.The Terrorism Act 2000.In Schedule 3, paragraph 8.

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