Part IIU.K. Surveillance and covert human intelligence sources

Modifications etc. (not altering text)

C1Pt. 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)

C2Pt. 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))

C3Pt. 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 [F1Revenue and Customs] authorisationsU.K.

Textual Amendments

F1Words 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.U.K.

(1)A person who is a designated person for the purposes of section 28 [F2, 29 or 29B] by reference to his office, rank or position with a police force F3. . . shall not grant an authorisation under that section except on an application made by a member of the same force F4. . . [F5 (subject to [F6subsection (1ZB)] [F7 and section 33A ])].

[F8(1ZZA)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.]

[F9(1ZA)Subsection (1ZB) applies if the chief officer of police of a police force (“the authorising force”) has made an agreement under section [F10 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 [F11, 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 [F12, 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.

F13(1ZD). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(1ZE). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(1ZF). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F14(1A)A person who is a designated person for the purposes of section 28 [F15, 29 or 29B] by reference to his office or position with the [F16National Crime Agency] shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency [F17 (subject to section 33A) ].]

F18(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(2)A person who is a designated person for the purposes of section 28 [F20, 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.]

[F21(2A)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)[F22Subject to [F23subsection (3ZB)] [F24 and section 33A ],] A person who is a senior authorising officer by reference to a police force F25. . . 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 F26. . . ; 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 F26. . . .

[F27(3ZZA)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).]

[F28(3ZZB)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).]

[F29(3ZA)Subsection (3ZB) applies if—

(a)the chief officer of police of a police force (“the surveillance authorising force”) has made an agreement under section [F3022A] 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.

F31(3ZD). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(3ZE). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(3ZF). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F32(3A)[F33The 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 [F34National Crime Agency officer] [F35 (subject to section 33A) ].]

[F36(4)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.]

[F37(4A)The [F38chair of the CMA] shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of the [F39CMA].]

[F40(4ZA)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, [F41a person designated under regulation 36(2) of the 2023 Regulations,] [F42a [F43National Crime Agency officer] F44...,] or who is [F45an officer of Revenue and Customs [F46, an immigration officer]] [F47or 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.

[F48(5A)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.

F49(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(6)For the purposes of this section—

(a)the area of operation of a police force maintained under section 2 of the M2Police Act 1996, of the metropolitan police force [F50or], of the City of London police force F51... is the area for which that force is maintained;

[F52(aa)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 [F53Royal 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 F54. . . is the United Kingdom;

F55(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

[F56(7) In subsection (6) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.]

Textual Amendments

F2Words in s. 33(1) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 4(2); S.I. 2021/605, reg. 2(a)(b)(c)

F3Words in s. 33(1) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(2)(a), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))

F4Words in s. 33(1) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(2)(b), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))

F5Words in s. 33(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(2), 116; S.I. 2009/3096, art. 3(d)

F6Words in s. 33(1) substituted (1.4.2013) by 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(11)(a)

F7Words in s. 33(1) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 5(2)

F8S. 33(1ZZA) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 15(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F9S. 33(1ZA)-(1ZF) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(3), 116; S.I. 2009/3096, art. 3(d)

F10Word in s. 33(1ZA) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 5(3)

F11Words in s. 33(1ZB) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 4(3); S.I. 2021/605, reg. 2(a)(b)(c)

F12Words in s. 33(1ZC)(b) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 4(4); S.I. 2021/605, reg. 2(a)(b)(c)

F13S. 33(1ZD)-(1ZF) 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(11)(b)

F14S. 33(1A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F15Words in s. 33(1A) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 4(5); S.I. 2021/605, reg. 2(a)(b)(c)

F16Words in s. 33(1A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 83(2); S.I. 2013/1682, art. 3(v)

F17Words in s. 33(1A) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 5(4)

F18S. 33(1B) 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(11)(b)

F19S. 33(2) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11(a); S.I. 2008/219, art. 2(b)

F20Words in s. 33(2) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 4(6); S.I. 2021/605, reg. 2(a)(b)(c)

F21S. 33(2A) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(3)(a)

F22Words in s. 33(3) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(4), 116; S.I. 2009/3096, art. 3(d)

F23Words in s. 33(3) substituted (1.4.2013) by 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(11)(c)

F24Words in s. 33(3) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 5(5)

F25Words in s. 33(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(4)(a), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))

F26Words in s. 33(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(4)(b), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))

F27S. 33(3ZZA) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 15(3); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F28S. 33(3ZZB) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(3)(b)

F29S. 33(3ZA)-(3ZF) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(5), 116; S.I. 2009/3096, art. 3(d)

F30Word in s. 33(3ZA)(a) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 5(6)

F31S. 33(3ZD)-(3ZF) 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(11)(d)

F32S. 33(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(5); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F33Words in s. 33(3A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 83(3)(a); S.I. 2013/1682, art. 3(v)

F34Words in s. 33(3A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 83(3)(b); S.I. 2013/1682, art. 3(v)

F35Words in s. 33(3A) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 5(7)

F36S. 33(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11(b); S.I. 2008/219, art. 2(b)

F37S. 33(4A) inserted (20.6.2003) by 2002 c. 40, ss. 199(3), 279; S.I. 2003/1397, art. 2(1), Sch.

F38Words in s. 33(4A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 135(2)(a) (with art. 3)

F39Word in s. 33(4A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 135(2)(b) (with art. 3)

F40S. 33(4ZA) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 7(2) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)

F41Words in s. 33(5)(a) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(3)(c)

F42Words in s. 33(5)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(6); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))