2018 No. 218
Investigatory Powers

The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Amendment Order 2018

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 20001 and all other powers enabling them to do so.

Citation and commencement1.

This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Amendment Order 2018 and comes into force on 1st October 2018.

Amendment of the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 20102.

(1)

The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 20102 is amended in accordance with paragraph (2).

(2)

In column 2 of the table in schedule 1, after “Transport Scotland: Director”, insert “Social Security Scotland: Chief Executive”.

MICHAEL MATHESON
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 (“the 2010 Order”), which prescribes offices, ranks and positions for the purposes of section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 2000 (“the 2000 Act”). Under that section individuals holding such offices, ranks and positions may grant authorisations under sections 6 and 7 of the 2000 Act for the use of directed surveillance and covert human intelligence sources respectively.

Specifically, Article 2(2) of this Order prescribes the person holding the position of Chief Executive of Social Security Scotland. Social Security Scotland is part of the Scottish Administration.

The Scottish Administration is a relevant public authority for the purposes of section 8 of the 2000 Act.