The Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order specifies additional purposes as purposes falling within section 22(2) of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”). Under section 22(1) of that Act, section 22 applies where a person designated for the purposes of Chapter 2 (acquisition and disclosure of communications data) of Part 1 of that Act believes that it is necessary on grounds falling within section 22(2) to obtain communications data (as defined by section 21(4)). Such a person may grant an authorisation under section 22(3) or give a notice under section 22(4).

Under section 25(2) of the 2000 Act, a person designated for the purposes of Chapter 2 of Part 1 of that Act is an individual holding such offices, ranks or positions with relevant public authorities (as defined by section 25(1)) as are prescribed by articles 2 and 4 of, and columns (2) and (3) of Schedules 1 and 2 of, the Regulation of Investigatory Powers (Communications Data) Order 2003 (“the 2003 Order”). This is subject to the restrictions as to purposes which are set out in column (4) of those Schedules.

Articles 3 and 4 of this Order makes consequential amendments to the 2003 Order to provide for purposes falling within section 22(2) of the 2000 Act which are not set out in paragraphs of that provision. The amendments made to the 2003 Order by article 6(2) and (4) of this Order, the entry in respect of the Criminal Cases Review Commission and the Scottish Criminal Cases Review Commission in the amendments made by article 7(2) and article 7(3) of this Order relate to the exercise of the powers in section 22 in respect of the purposes specified in article 2. Articles 5 and 6(3) make amendments consequential on the replacement of the Commissioners of Customs and Excise and of Inland Revenue with the Commissioners for Revenue and Customs.

Article 7(2) amends Part 1 of Schedule 2 to the 2003 Order (individuals in additional public authorities that may acquire all types of communications data) to add new entries. The entries in respect of an immigration inspector in the Immigration Service, the Information Commissioner, the Serious Fraud Office and the Royal Mail Group plc are transferred from Part 3 of Schedule 2 to the 2003 Order (individuals in additional public authorities that may acquire only certain categories of communications data) to Part 1. Consequential amendments are made by article 8 which also adds new public authorities to Part 3 of Schedule 2 to the 2003 Order and amends other entries.