- Latest available (Revised)
- Original (As enacted)
- Latest with prospective
Serious Crime Act 2007
You are here:
- 2007 c. 27
- SCHEDULE 12
- Regulation of Investigatory Powers Act 2000 (c. 23)
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
Point in time view latest with prospective.This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Serious Crime Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 51A inserted by 2009 c. 25 Sch. 21 para. 61(2)
Commencement Orders yet to be applied to the Serious Crime Act 2007:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2008/219 art. 2 3 commences (2007 c. 27)
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.S.I. 2008/152 art. 2 commences (2007 c. 27)
- S.S.I. 2009/224 art. 2 commences (2007 c. 27)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2011/777 art. 2 commences (2010 c. 33)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.
5The Regulation of Investigatory Powers Act 2000 is amended as follows.E+W+S+N.I.
6In 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 ”.E+W+S+N.I.
7In section 21(5)(c) (acquisition of data, &c.) for “customs officers).” substitute “ officers of Revenue and Customs). ”E+W+S+N.I.
8In the definition of “relevant public authority” in section 25(1) (communications data: interpretation) for paragraphs (d) and (e) substitute—E+W+S+N.I.
“(d)Her Majesty's Revenue and Customs;”.
9In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).” substitute “ officers of Revenue and Customs). ”E+W+S+N.I.
10For section 32(6)(m) (authorisation of intrusive surveillance) substitute—E+W+S+N.I.
“(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;”.
11In section 33 (surveillance: authorisation)—E+W+S+N.I.
(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.”; and
(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 ”).
12In section 34 (grant of authorisation in senior officer's absence)—E+W+S+N.I.
(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 ”.
13In section 35 (intrusive surveillance authorisation: notification)—E+W+S+N.I.
(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; ”.
14In section 36 (approval required for authorisation of intrusive surveillance to take effect)—E+W+S+N.I.
(a)for subsection (1)(d) substitute—
“(d)an officer of Revenue and Customs;”; and
(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;”.
15For section 37(1)(d) (quashing authorisations) substitute—E+W+S+N.I.
“(d)an officer of Revenue and Customs;”(and in the heading to that section for “customs” substitute “ Revenue and Customs ”).
16For section 40(d) (information) substitute—E+W+S+N.I.
“(d)every officer of Revenue and Customs,”.
17In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—E+W+S+N.I.
“(e)the Commissioners for Her Majesty's Revenue and Customs;”.
18In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute “ officers of Revenue and Customs). ”E+W+S+N.I.
19In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.E+W+S+N.I.
20In section 51 (cases where key required)—E+W+S+N.I.
(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 ”.
21In section 54(3) (secrecy) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.E+W+S+N.I.
22For section 55(1)(c) (general duty in relation to encrypted data) substitute—E+W+S+N.I.
“(c)the Commissioners for Her Majesty's Revenue and Customs;”.
23In section 56(1) (interpretation) omit the definition of “the customs and excise”.E+W+S+N.I.
24For section 65(6)(f) (the Tribunal) substitute—E+W+S+N.I.
“(f)the Commissioners for Her Majesty's Revenue and Customs;”.
25In section 71(2)(c) (codes of practice) for “customs and excise” substitute “ Her Majesty's Revenue and Customs ”.E+W+S+N.I.
26In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of “United Kingdom officer” substitute—E+W+S+N.I.
“(d)an officer of Revenue and Customs.”
27In section 81(1) (interpretation) omit the definition of “customs officer”.E+W+S+N.I.
28In Schedule 1 (surveillance authorisation: relevant authorities) for paragraphs 7 and 8 substitute—E+W+S+N.I.
“Revenue and CustomsE+W+S+N.I.
7Her Majesty's Revenue and Customs.”
29(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 ”.E+W+S+N.I.
(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 ”.
Options/Help
Print Options
Print The Whole Act
Print The Whole Schedule
Print This Cross Heading only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules only you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources