Draft Order laid before Parliament under section 41(6) of the Regulation of Investigatory Powers Act 2000 for approval by resolution of each House of Parliament.

2001 No.

INVESTIGATORY POWERS

Regulation of Investigatory Powers (Designation of Public Authorities for the Purposes of Intrusive Surveillance) Order 2001

Made2001

Coming into force2001

The Secretary of State, in exercise of the powers conferred on him by section 41(3) and (4) of the Regulation of Investigatory Powers Act 20001, makes the following Order of which a draft has in accordance with section 41(6) of that Act2, been laid before and approved by resolution of each House of Parliament:

Citation and commencement1.

This Order may be cited as the Regulation of Investigatory Powers (Designation of Public Authorities for the Purposes of Intrusive Surveillance) Order 2001 and shall come into force on the day after the day on which it is made.

Designated public authority2.

The Home Office is hereby designated for the purposes of section 41 of the Regulation of Investigatory Powers Act 2000, as a public authority whose activities may require the carrying out of intrusive surveillance.

Prescribed offices, ranks and positions3.

(1)

In relation to the Home Office, an application for an authorisation for the carrying out of intrusive surveillance may be made by an individual holding an office, rank or position with the Home Office only where his office, rank or position is prescribed by paragraph (2).

(2)

The offices, ranks and positions prescribed by this paragraph are all offices, ranks and positions in Her Majesty’s Prison Service.

Minister of State

Home Office

2001

(This note is not part of the Order)

The effect of article 2 of this Order is to designate the Home Office as an authority whose activities may require the carrying out of intrusive surveillance.

The effect of article 3 of this Order is that only individuals holding an office, rank or position in Her Majesty’s Prison Service may make applications to the Secretary of State for intrusive surveillance authorisations.