SCHEDULES
SCHEDULE 12Revenue and Customs: regulation of investigatory powers
Police Act 1997 (c. 50)
I11
In section 93 of the Police Act 1997 (authorisations to interfere with property, &c.)—
a
in subsection (1B) for “customs officer” substitute “
an officer of Revenue and Customs
”
;
b
in subsection (3)(d) for “a customs officer” substitute “
an officer of Revenue and Customs
”
; and
c
for subsection (5)(h) substitute—
h
an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;
I22
In section 94(2)(f) of that Act (urgency) for “by a customs officer designated by the Commissioners of Customs and Excise” substitute “
by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs
”
.
I33
In section 107(4)(c) of that Act (supplementary) for “the Commissioners of Customs and Excise.” substitute “
the Commissioners for Her Majesty's Revenue and Customs.
”
I44
In section 108(1) of that Act (interpretation) omit the definition of “customs officer”.
Regulation of Investigatory Powers Act 2000 (c. 23)
I55
The Regulation of Investigatory Powers Act 2000 is amended as follows.
I66
In section 6(2)(h)
(application for issue of interception warrant) for “the Commissioners of Customs and Excise” substitute “
the Commissioners for Her Majesty's Revenue and Customs
”
.
I77
In section 21(5)(c)
(acquisition of data, &c.) for “customs officers).” substitute “
officers of Revenue and Customs).
”
I88
In the definition of “relevant public authority” in section 25(1) (communications data: interpretation) for paragraphs (d) and (e) substitute—
d
Her Majesty's Revenue and Customs;
I99
In section 27(4)(c)
(lawful surveillance, &c.) for “customs officers).” substitute “
officers of Revenue and Customs).
”
I1010
For section 32(6)(m) (authorisation of intrusive surveillance) substitute—
m
an officer of Revenue and Customs who is a senior official and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;
I1111
In section 33 (surveillance: authorisation)—
a
for subsection (2) substitute—
2
A person who is a designated person for the purposes of section 28 or 29 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.
b
for subsection (4) substitute—
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.
c
in subsection (5)(a) for “a customs officer” substitute “
an officer of Revenue and Customs
”
;
(and in the italic cross-heading before section 33 for “customs” substitute “
Revenue and Customs
”
).
I1212
In section 34 (grant of authorisation in senior officer's absence)—
a
in subsection (1) for “a customs officer;” substitute “
an officer of Revenue and Customs;
”
;
b
in subsection (2)(a) for “the Commissioners of Customs and Excise,” substitute “
the Commissioners for Her Majesty's Revenue and Customs,
”
; and
c
in subsection (4)(l)—
i
for “the Commissioners of Customs and Excise,” substitute “ “
the Commissioners for Her Majesty's Revenue and Customs,
”
and
ii
after “if he is” insert “
a senior official
”
.
I1313
In section 35 (intrusive surveillance authorisation: notification)—
a
in subsection (1) for “customs” substitute “
Revenue and Customs
”
;
b
in subsection (10) for “customs” substitute “
Revenue and Customs
”
; and
c
in subsection (10)(b) for “the Commissioners of Customs and Excise;” substitute “
the Commissioners for Her Majesty's Revenue and Customs;
”
.
I1414
In section 36 (approval required for authorisation of intrusive surveillance to take effect)—
a
for subsection (1)(d) substitute—
d
an officer of Revenue and Customs;
b
for subsection (6)(g) substitute—
g
where the authorisation was granted by an officer of Revenue and Customs, the officer of Revenue and Customs for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners for Her Majesty's Revenue and Customs;
I1515
For section 37(1)(d) (quashing authorisations) substitute—
d
an officer of Revenue and Customs;
I1616
For section 40(d) (information) substitute—
d
every officer of Revenue and Customs,
I1717
In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—
e
the Commissioners for Her Majesty's Revenue and Customs;
I1818
In section 48(3)(c)(ii)
(interpretation) for “customs officers).” substitute “
officers of Revenue and Customs).
”
I1919
In section 49(1)(e)
(encrypted data: disclosure: permission) for “the customs and excise” substitute (in each place) “
Her Majesty's Revenue and Customs
”
.
I2020
In section 51 (cases where key required)—
a
for “the customs and excise”
(in each place) substitute “
Her Majesty's Revenue and Customs
”
; and
b
for “the Commissioners of Customs and Excise”
(in each place) substitute “
the Commissioners for Her Majesty's Revenue and Customs
”
.
I2121
In section 54(3)
(secrecy) for “the customs and excise” substitute (in each place) “
Her Majesty's Revenue and Customs
”
.
I2222
For section 55(1)(c) (general duty in relation to encrypted data) substitute—
c
the Commissioners for Her Majesty's Revenue and Customs;
I2323
In section 56(1) (interpretation) omit the definition of “the customs and excise”.
I2424
For section 65(6)(f) (the Tribunal) substitute—
f
the Commissioners for Her Majesty's Revenue and Customs;
I2525
In section 71(2)(c)
(codes of practice) for “customs and excise” substitute “
Her Majesty's Revenue and Customs
”
.
I2626
In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of “United Kingdom officer” substitute—
d
an officer of Revenue and Customs.
I2727
In section 81(1) (interpretation) omit the definition of “customs officer”.
I2828
In Schedule 1 (surveillance authorisation: relevant authorities) for paragraphs 7 and 8 substitute—
Revenue and Customs
7
Her Majesty's Revenue and Customs.
I2929
1
In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data: disclosure: permission) for “customs and excise” or “the customs and excise”
(in each place) substitute “
Her Majesty's Revenue and Customs
”
.
2
In paragraph 6(4) of that Schedule—
a
for “A person commissioned by the Commissioners of Customs and Excise” substitute “
An officer of Revenue and Customs
”
;
b
for “those Commissioners themselves” substitute “
the Commissioners for Her Majesty's Revenue and Customs
”
;
c
for “their department” substitute “
Revenue and Customs
”
; and
d
for “they” substitute “
the Commissioners
”
.
Commissioners for Revenue and Customs Act 2005 (c. 11)
I3030
The following paragraphs of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (which restrict the class of functions in connection with which certain powers may be used) shall cease to have effect—
a
paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and
b
paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss. 6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).
I3131
Nothing in section 6 or 7 of the Commissioners for Revenue and Customs Act 2005 (initial functions) restricts the functions in connection with which Her Majesty's Revenue and Customs may exercise a power under an enactment amended by this Schedule.