C1C2C3 Part II Surveillance and covert human intelligence sources
Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))
Pt. 2: 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)(a) (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)
Police and F21Revenue and Customs authorisations
Words in cross-heading before s. 33 substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11; S.I. 2008/219, art. 2(b)
33Rules for grant of authorisations.
1
A person who is a designated person for the purposes of section 28 F47, 29 or 29B by reference to his office, rank or position with a police force F1. . . shall not grant an authorisation under that section except on an application made by a member of the same force F2. . . F3 (subject to F22subsection (1ZB)F41 and section 33A ).
F521ZZA
A person who is a designated person for the purposes of section 28, 29 or 29B by reference to the person’s office, rank or position with the tri-service serious crime unit must not grant an authorisation under that section except on an application made by a member of that unit.
F41ZA
Subsection (1ZB) applies if the chief officer of police of a police force (“the authorising force”) has made an agreement under section F42 22A of the Police Act 1996 with the chief office of police of one or more other police forces.
1ZB
A person who is a designated person for the purposes of section 28 F48, 29 or 29B by reference to an office, rank or position with the authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.
1ZC
For the purposes of subsection (1ZB) a police force is a collaborative force if—
a
its chief officer of police is a party to the agreement mentioned in subsection (1ZA); and
b
its members are permitted by the terms of the agreement to make applications for authorisations under section 28 F49, 29 or 29B to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the authorising force.
F241ZD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F241ZE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F241ZF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51A
A person who is a designated person for the purposes of section 28 F50, 29 or 29B by reference to his office or position with the F34National Crime Agency shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency F43 (subject to section 33A) .
F231B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62
A person who is a designated person for the purposes of section 28 F51, 29 or 29B by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs.
F542A
A person who is a designated person for the purposes of section 28 or 29 by reference to that person’s office or position as a member of staff of the Service Police Complaints Commissioner, or as the Commissioner, must not grant an authorisation except on an application made by a person designated under regulation 36(2) of the 2023 Regulations;
3
F7Subject to F25subsection (3ZB)F44 and section 33A , A person who is a senior authorising officer by reference to a police force F8. . . shall not grant an authorisation for the carrying out of intrusive surveillance except—
a
on an application made by a member of the same force F9. . . ; and
b
in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force F9. . . .
F533ZZA
The Provost Marshal for serious crime must not grant an authorisation for the carrying out of intrusive surveillance except—
a
on an application made by a member of the tri-service serious crime unit; and
b
in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of a police force mentioned in subsection (6)(d).
F553ZZB
The Service Police Complaints Commissioner must not grant an authorisation for the carrying out of intrusive surveillance except—
a
on an application made by a person designated under regulation 36(2) of the 2023 Regulations; and
b
in the case of an authorisation for the carrying out of any intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of a police force mentioned in subsection (6)(d).
F113ZA
Subsection (3ZB) applies if—
a
the chief officer of police of a police force (“the surveillance authorising force”) has made an agreement under section F4522A of the Police Act 1996 with the chief office of police of one or more other police forces; and
b
an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.
3ZB
A person who is a senior authorising officer by reference to the surveillance authorising force may—
a
grant the authorisation;
b
in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—
i
the area of operation of a collaborative force; and
ii
specified in relation to members of that force in the agreement mentioned in subsection (3ZA).
3ZC
For the purposes of subsections (3ZA) and (3ZB) a police force is a collaborative force if—
a
its chief officer of police is a party to the agreement mentioned in subsection (3ZA); and
b
its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the surveillance authorising force.
F263ZD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F263ZE
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F263ZF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103A
F35The Director General of the National Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a F36National Crime Agency officerF46 (subject to section 33A) .
F124
A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs.
F134A
F324ZA
A senior official who is a senior authorising officer by virtue of a designation by the Secretary of State under section 32(6)(ma) shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an immigration officer.
5
A single authorisation may combine both—
a
an authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, F56a person designated under regulation 36(2) of the 2023 Regulations,F14a F37National Crime Agency officerF27..., or who is F15an officer of Revenue and Customs F33, an immigration officerF40or the chair or an officer of the CMA; and
b
an authorisation given by, or on the application of, that individual under Part III of the M1Police Act 1997;
but the provisions of this Act or that Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
F165A
In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police force is to the following—
a
any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
b
the metropolitan police force; and
c
the City of London police force.
F285B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For the purposes of this section—
a
F31aa
the area of operation of the Police Service of Scotland is Scotland;
b
the area of operation of the Royal Ulster Constabulary is Northern Ireland;
c
residential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the M3Ministry of Defence Police Act 1987, have the powers and privileges of a constable;
d
residential premises are in the area of operation of the F17Royal Navy Police the Royal Military Police or the Royal Air Force Police if they are premises owned or occupied by, or used for residential purposes by, a person subject to service discipline;
e
the area of operation of the British Transport Police F18. . . is the United Kingdom;
F19f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and references in this section to the United Kingdom or to any part or area of the United Kingdom include any adjacent waters within the seaward limits of the territorial waters of the United Kingdom.
F207
In subsection (6) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.
Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3
Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)