5.—(1) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) [F1of Parts 1, 1A and 2] of the Schedule may not grant an authorisation unless that individual believes it is necessary for any of the grounds set out in paragraphs (a) to (f) of—
(a)section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or
[F2(aa)section 29(3) of the Act in the case of an entry in Part 1A, or]
(b)section 28(3) of the Act in the case of an entry in Part 2,
which is listed in the corresponding entry in column (4) of the Schedule.
[F3(1A) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1A of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in the corresponding entry in column (5) of that Part.
(1B) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1B of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in section 29B(5) of the Act which are listed in the corresponding entry in column (4) of that Part.]
(2) In column (4), a reference to a lettered paragraph is a reference to a paragraph identified by means of that letter in—
(a)section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or
[F4(aa)section 29(3) [F5or 29B(5)] of the Act in the case of an entry in Part 1A, F6...]
[F7(ab)section 29B(5) of the Act in the case of an entry in Part 1B, or]
(b)section 28(3) of the Act in the case of an entry in Part 2.
Textual Amendments
F1Words in art. 5(1) inserted (10.8.2021) by The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (S.I. 2021/601), arts. 1(2), 4(4)(a)
F2Art. 5(1)(aa) inserted (1.1.2014) by The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013 (S.I. 2013/2788), arts. 1, 13 (with art. 17)
F3Art. 5(1A)(1B) inserted (10.8.2021) by The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (S.I. 2021/601), arts. 1(2), 4(4)(b)
F4Art. 5(2)(aa) inserted (1.1.2014) by The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013 (S.I. 2013/2788), arts. 1, 14 (with art. 17)
F5Words in art. 5(2)(aa) inserted (10.8.2021) by The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (S.I. 2021/601), arts. 1(2), 4(4)(c)(i)(aa)
F6Word in art. 5(2)(aa) omitted (10.8.2021) by virtue of The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (S.I. 2021/601), arts. 1(2), 4(4)(c)(i)(bb)
F7Art. 5(2)(ab) inserted (10.8.2021) by The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (S.I. 2021/601), arts. 1(2), 4(4)(c)(ii)
Commencement Information
I1Art. 5 in force at 6.4.2010, see art. 1(1)