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Statutory Instruments

2009 No. 3403

Investigatory Powers

The Regulation of Investigatory Powers (Authorisations Extending to Scotland) (Amendment) Order 2009

Made

30th December 2009

Laid before Parliament

5th January 2010

Coming into force

1st February 2010

The Secretary of State, in exercise of the powers conferred by section 46(4) of the Regulation of Investigatory Powers Act 2000(1), makes the following Order:

1.  This Order may be cited as the Regulation of Investigatory Powers (Authorisations Extending to Scotland) (Amendment) Order 2009 and shall come into force on 1st February 2010.

2.  In the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007(2) for “The Immigration Service” there is substituted “The UK Border Agency”.

David Hanson

Minister of State

Home Office

30th December 2009

EXPLANATORY NOTE

(This note is not part of the Order)

The Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 (“the 2007 Order”) directs, inter alia, that the Home Office, being a public authority which is specified in Schedule 1 to the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”) and in column 1 of the Schedule to the 2007 Order, is a relevant public authority for all parts of the United Kingdom. By virtue of article 2(2) of the 2007 Order, the Home Office is a relevant public authority for all parts of the United Kingdom only to the extent specified in the entry in column 2. This Order amends column 2 of the Schedule to the 2007 Order by substituting “The UK Border Agency” for “The Immigration Service”.

The amendments made by this Order will ensure that the UK Border Agency (which is an executive agency of the Home Office) may grant or renew authorisations under sections 28 and 29 of the 2000 Act where all the conduct to be authorised is likely to take place in Scotland.