The Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014

Prescribed offices, ranks and positions in relation to the Police Service of Scotland S

12.—(1) The 2010 Order(1) is amended as follows.

(2) In article 1 (citation, commencement and interpretation), for paragraph (2) substitute—

“(2) In this Order—

“the 2000 Act” means the Regulation of Investigatory Powers (Scotland) Act 2000;

“the CHIS Order” means the Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014;

“long term authorisation” has the meaning given by article 1A;

“Police Service” means the Police Service of Scotland;

“relevant source” means a source holding a rank, office or position with—

(a)

the Police Service;

(b)

a police force maintained under section 2 of the Police Act 1996(2);

(c)

the metropolitan police force;

(d)

the City of London police force;

(e)

the Police Service of Northern Ireland;

(f)

the National Crime Agency;

(g)

the Ministry of Defence Police;

(h)

the British Transport Police Force;

(i)

the Royal Navy Police; or

(j)

the Royal Military Police; and

“source” means a covert human intelligence source.”.

(3) After article 1 insert—

Long term authorisation

1A.— (1) In this Order, an authorisation for the conduct or use of a relevant source is a long term authorisation if the periods mentioned in paragraph (2)(a) and (b), when taken together, exceed 12 months.

(2) The periods are—

(a) the period for which the relevant source will be authorised under the authorisation (having regard to article 8(3) of the CHIS Order); and

(b) subject to paragraph (3), any period or periods for which that source has previously been authorised as a source in relation to the same investigation or operation.

(3) When calculating the previous authorisation periods mentioned in paragraph (2)(b), the following are not to be taken into account—

(a) any period for which the relevant source has been authorised as a source if that authorisation was granted orally or by a person whose entitlement to authorise is confined to urgent cases;

(b) any authorisation of that source which ceased to have effect more than 3 years before the intended commencement date of the authorisation mentioned in paragraph (1); and

(c) any period for which that source was authorised prior to 2nd February 2015 under an authorisation which is not in effect on that date.

(4) If an authorisation for the conduct or use of a relevant source is an authorisation to which Part 2 of the CHIS Order applies, the reference in paragraph (1) to 12 months should be read as if it were a reference to 3 months.”.

(4) After article 2 insert—

Prescribed ranks in the Police Service

2A.— (1) The ranks listed in column 2 of Schedule 1A to this Order (being ranks in the Police Service) are prescribed for the purposes of section 8(1) of the 2000 Act in relation to authorisations of the types mentioned in the corresponding entries in column 1 of that Schedule.

(2) Where a rank is listed in column 2 of Schedule 1A to this Order in relation to authorisations of a type mentioned in column 1 of that Schedule, all more senior ranks in the Police Service are also prescribed in relation to authorisations of that type.

(3) The ranks listed in column 3 of Schedule 1A to this Order (being ranks in the Police Service) are prescribed for the purposes of section 8(1) of the 2000 Act in relation to authorisations of the types mentioned in the corresponding entries in column 1 of that Schedule, but only in the circumstances described in paragraph (4).

(4) An individual holding a rank which is listed in column 3 of Schedule 1A to this Order may only grant an authorisation where it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by an individual who holds a rank mentioned in the corresponding entry in column 2 of that Schedule.

(5) In Schedule 1A—

“section 6 authorisation” means an authorisation for the carrying out of directed surveillance under section 6 of the 2000 Act; and

“section 7 authorisation” means an authorisation for the conduct or use of a source under section 7 of the 2000 Act which is not a long term authorisation.”.

(5) In Schedule 1—

(a) in column 1, omit “The Police Service of Scotland”;

(b) in column 2, omit “Superintendent”; and

(c) in column 3, omit “Inspector”.

(6) After Schedule 1 insert—

Article 2A

“SCHEDULE 1A S Prescribed ranks in the Police Service for the purposes of sections 6, 7 and 8 of the 2000 Act

Column 1	Column 2	Column 3
Type of authorisation	Prescribed rank	Urgent cases
Section 6 authorisation	Superintendent	Inspector
Section 7 authorisation involving the conduct or use of a relevant source	Assistant chief constable
Section 7 authorisation not involving the conduct or use of a relevant source	Superintendent	Inspector
Long term authorisation	Deputy chief constable”

Commencement Information

I1 Art. 12 in force at 2.2.2015, see art. 1

(1)

S.S.I. 2010/350. This Order has been amended by paragraph 36 of Schedule 1 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119).

(2)

1996 c.16.