The Independent Police Complaints Commission (Investigatory Powers) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order gives to the Independent Police Complaints Commission (“the IPCC”), its officers and employees powers under Part 3 of the Police Act 1997 (“the 1997 Act”) and Parts 2 and 4 of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”) equivalent to those exercisable by the police.

Article 2 modifies the 1997 Act. Article 2(2) allows the chairman of the IPCC to authorise interference with property and action in respect of wireless telegraphy on the application of a member of the investigative staff of the IPCC.

Article 2(3) has the effect that if neither the chairman nor a deputy chairman of the IPCC can consider an application for an authorisation, then any other member of the IPCC may do so.

Article 2(4) has the effect that a deputy chairman of the IPCC may renew or cancel an authorisation.

Article 2(5) gives a deputy chairman of the IPCC the power to appeal against a decision by the Chief Surveillance Commissioner to refuse or quash an authorisation.

Article 2(6) allows the Prime Minister to exclude matters from a report of the Chief Surveillance Commissioner before it is laid before Parliament if those matters would prejudice the discharge of the IPCC’s functions.

Article 3 modifies the 2000 Act. Article 3(2) adds the chairman of the IPCC to the list of senior authorising officers who can grant an authorisation for the carrying out of intrusive surveillance.

Article 3(3) provides that a member or senior employee of the IPCC can grant an authorisation only on the application of a member of the investigative staff of the IPCC. Article 3(3)(c) allows authorisations under Part 3 of the 1997 Act and under Part 2 of the 2000 Act to be combined in a single authorisation.

Article 3(4) provides that in urgent cases if it is not practicable for the chairman or a deputy chairman of the IPCC to consider an application for an authorisation for the carrying out of intrusive surveillance, then any other member of the IPCC can do so.

Article 3(5) provides that if the chairman of the IPCC (or his deputy) grants or cancels an authorisation, he must give notice to an ordinary Surveillance Commissioner.

Article 3(6)(a) provides that the approval of an ordinary Surveillance Commissioner is required to give effect to an authorisation which was granted by a member of the IPCC. Article 3(6)(b) provides that if the Surveillance Commissioner decides not to approve such an authorisation, he must make a report to the chairman of the IPCC.

Article 3(7) gives an ordinary Surveillance Commissioner power to renew or cancel an authorisation which was granted by a member of the IPCC.

Article 3(8) imposes on every member of the IPCC and its staff a duty to provide such documents and information as are required by a Surveillance Commissioner.

Article 3(9) provides that the chairman and a deputy chairman of the IPCC can cancel each other’s authorisations. The chairman can also cancel an authorisation made by any other member of the IPCC.

Article 3(10) provides that any complaints about directed surveillance, intrusive surveillance, use of covert human intelligence sources, interference etc. with property or interference with wireless telegraphy by a person holding any office, rank or position with the IPCC are subject to the jurisdiction of the Tribunal established by section 65 of the 2000 Act.

Article 3(11) imposes on every member of the IPCC and its staff a duty to provide such documents and information as are required by the Tribunal established by section 65 of the 2000 Act.

Article 3(12) prescribes the IPCC as a “relevant authority” for the purposes of sections 28 and 29 of the 2000 Act. This has the effect that individuals who hold an office, rank or position with the IPCC can be prescribed as persons entitled to grant authorisations of directed surveillance and covert human intelligence sources.

Article 4(1) prescribes the IPCC’s Commissioners, its Regional Directors, its Director of Investigations and its Deputy Director of Investigations as persons entitled to grant authorisations of directed surveillance and covert human intelligence sources. Article 4(2) imposes the restriction that authorisations can be granted by such a person only if he or she believes that it is necessary for the purpose of preventing or detecting crime or of preventing disorder.

Article 5 provides that in urgent cases where the IPCC’s Commissioners, its Regional Directors, its Director of Investigations and its Deputy Director of Investigations are not available to authorise the use of directed surveillance and covert human intelligence sources, any Senior Investigating Officer of the IPCC can grant that authorisation.