C4C5C8C15 Part III Authorisation of Action in Respect of Property
Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)
Pt. 3 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2 (as amended (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(5) (with reg. 37))
Pt. 3: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(b) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)
The Commissioners
F11891 The Commissioners.
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Authorisations
92 Effect of authorisation under Part III.
No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by an authorisation having effect under this Part.
C193 Authorisations to interfere with property etc.
1
Where subsection (2) applies, an authorising officer may authorise—
a
the taking of such action, in respect of such property in the relevant area, as he may specify,
F1ab
the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or
b
the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.
F21A
The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part F147or the Investigatory Powers Act 2016 or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000.
1B
Subsection (1) applies where the authorising officer is a F98National Crime Agency officerF109giving an authorisation on an application made by virtue of subsection (3)(b)(i), F55an officer of Revenue and CustomsF90, an immigration officerF103or the chair of the Competition and Markets Authority with the omission of—
a
the words “in the relevant area”, in each place where they occur; and
b
paragraph (ab).
2
This subsection applies where the authorising officer believes—
a
that it is necessary for the action specified to be taken F3for the purpose of preventing or detectingF149—
i
serious crime, or
ii
the use of an unmanned aircraft in the commission of a relevant offence, and
F4b
that the taking of the action is proportionate to what the action seeks to achieve.
F52A
Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the F6Police Service of Northern Ireland as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.
F322AA
Where the authorising officer is the F104chair of the Competition and Markets Authority, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002.
F1502AB
Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
F1512AC
In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
F1522AD
In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
F1532AE
In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
2B
The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.
3
An authorising officer shall not give an authorisation under this section except on an application made—
F65za
if the authorising officer is within subsection (5)(a) to (c)—
i
by a member of the officer's police force; F110...
ii
iii
in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));
F79zb
if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;
a
F8aa
if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the F52Royal Navy Police, the Royal Military Police or the Royal Air Force Police;
F181aaa
if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit;
F185aab
if the authorising officer is within subsection (5)(edb), by the investigating officer designated to take charge of the investigation under regulation 36(2)(a) of the Service Police (Complaints etc.) Regulations 2023 or a person designated under paragraph (2)(b) of that regulation to assist the person designated under sub-paragraph (a);
F154ab
if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;
F37b
if the authorising officer is within F113subsection (5)(f)—
ii
in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;
d
F91da
if the authorising officer is within subsection (5)(ha), by an immigration officer;
F155db
in the case of an England and Wales prison authorisation, by—
i
a prison officer,
ii
an officer of a young offender institution,
iii
an officer of a secure training centre, or
iv
an officer of a secure college,
whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);
F156dc
in the case of a Northern Ireland prison authorisation, by—
i
a prison officer, or
ii
a member of custodial staff for a juvenile justice centre,
whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;
F157dd
in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);
e
if the authorising officer is within subsection (5)(i), by an officer of the F105Competition and Markets Authority.
F80ea
if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.
F82f
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F643A
For the purposes of subsection (3)(za)(ii)—
a
a police force is a collaborative force if—
i
its chief officer of police is a party to the agreement mentioned in that provision; and
ii
its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and
b
a reference to a police force is to the following—
i
any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
ii
the metropolitan police force; and
iii
the City of London police force.
F1153AA
A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force.
3AB
For the purposes of subsection (3)(b), a police force is a collaborative force if—
a
its chief officer of police is a party to the agreement mentioned in that provision, and
b
its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision.
Paragraph (b) of subsection (3A) applies for the purposes of this subsection.
F783ZA
An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.
F1863ZB
An authorisation under this section may be given by the authorising officer within subsection (5)(edb) only where it relates to the carrying out of the functions of the Service Police Complaints Commissioner.
F883B
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F883C
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F883D
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F883E
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4
For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—
a
it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or
b
the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,
and, where the authorising officer is within subsection (5)(h), F95the conduct relates to an assigned matter within the meaning of section 1(1) of the M1Customs and Excise Management Act 1979 F96or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence.
F1484A
For the purposes of subsection (2), “relevant offence” means—
a
an offence under any of these provisions of the Prison Act 1952—
i
section 39 (assisting a prisoner to escape);
ii
section 40B (conveyance etc of List A articles into or out of prison);
iii
section 40C (conveyance etc of List B or C articles into or out of prison);
iv
section 40CB (throwing articles into prison);
b
an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—
i
section 29(1) (assisting escape from lawful custody);
ii
section 33 (facilitating escape by conveying things into prison);
iii
section 34A (conveyance etc of List A articles into or out of prison);
iv
section 34B (conveyance etc of List B or C articles into or out of prison);
c
an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;
d
an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—
i
bringing, throwing or otherwise conveying anything into the institution;
ii
causing another person to bring, throw or otherwise convey anything into the institution;
iii
giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution);
e
an offence under either of these provisions of the Prisons (Scotland) Act 1989—
i
section 41 (unlawful introduction of proscribed articles into a prison);
ii
section 41ZA (provision to and use by prisoners of personal communication devices);
f
an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);
g
an offence under any of these provisions of the Air Navigation Order 2016—
i
article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);
ii
article 239(4) (prohibited or restricted flying);
iii
article 240 (endangering safety of an aircraft);
iv
article 241 (endangering safety of any person or property);
v
article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);
vi
article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);
h
an offence under article 265B(3) of the Air Navigation Order 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of that Order—
i
article 265B(5)(a), (h), (i) or (j);
ii
article 265B(6);
iii
article 265B(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;
iv
article 265B(7)(f), (g) or (i);
v
article 265B(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.
4B
The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence.
4C
The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
5
In this section “authorising officer” means—
a
the chief constable of a police force maintained under section 2 of the M2Police Act 1996 (maintenance of police forces for areas in England and Wales except London);
b
the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;
c
the Commissioner of Police for the City of London;
F87d
the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;
e
the Chief Constable or a Deputy Chief Constable of the F6Police Service of Northern Ireland;
F9ea
the Chief Constable of the Ministry of Defence Police;
eb
the Provost Marshal of the F53Royal Navy Police;
ec
the Provost Marshal of the Royal Military Police;
ed
the Provost Marshal of the Royal Air Force Police;
F182eda
the Provost Marshal for serious crime;
F187edb
the Service Police Complaints Commissioner;
ee
the Chief Constable of the F35British Transport Police;
F158ef
the Chief Constable of the Civil Nuclear Constabulary;
F100f
the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;
F57h
an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;F94...
F92ha
an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;
F159hb
a member of senior management for prisons in England and Wales—
i
whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and
ii
who is designated for the purposes of this paragraph by the Secretary of State;
F160hc
a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;
F161hd
a member of senior management for penal institutions in Scotland—
i
whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and
ii
who is designated for the purposes of this paragraph by the Scottish Ministers;
F81ia
the Police Investigations and Review Commissioner.
F83j
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6
In this section “relevant area”—
a
in relation to a person within paragraph (a), (b) or (c) of subsection (5) F68to whom an application is made by virtue of subsection (3)(za)(i), means the area in England and Wales for which his police force is maintained;
F66aa
in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—
i
for which any collaborative force (within the meaning of subsection (3A)) is maintained; and
ii
which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);
F116ab
in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which—
i
the person's police force is maintained, or
ii
any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained,
and which is specified in relation to NCA officers in the agreement mentioned in that provision;
b
in relation to a person within paragraph (d) F86or (ia) of subsection (5), means Scotland;
c
in relation to a person within paragraph (e) of that subsection, means Northern Ireland;
F10ca
in relation to a person within paragraph (ea), means any place where, under section 2 of the M3Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;
cb
in relation to a person within paragraph (ee), means the United Kingdom;
F162cbza
in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;
F117cba
in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales—
i
for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and
ii
which is specified in relation to members of that force in the agreement mentioned in subsection (3)(b)(ii);
F163cbb
in relation to an England and Wales prison authorisation, means the area of—
i
a prison in England or Wales,
ii
a young offender institution in England or Wales,
iii
a secure training centre in England or Wales, or
iv
a secure college in England or Wales,
together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;
F164cbc
in relation to a Northern Ireland prison authorisation, means the area of—
i
a prison in Northern Ireland,
ii
a young offenders centre in Northern Ireland,
iii
a remand centre in Northern Ireland, or
iv
a juvenile justice centre in Northern Ireland,
together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;
F165cbd
in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;
F84cc
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F38d
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F39e
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F11f
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and in each case includes the adjacent United Kingdom waters.
F126A
For the purposes of any authorisation by a person within paragraph (eb), (ec) , (ed) F188, (eda) or (edb) of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be—
a
the property is owned, occupied, in the possession of or being used by a person F61who is subject to service law or is a civilian subject to service discipline; or
b
the action is taken in relation to the use of wireless telegraphy by such a person.
F626B
In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.
F896C
For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—
a
relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
b
is undertaken for the purposes of, or otherwise in relation to, any of these enactments—
i
the British Nationality Act 1981;
ii
the Hong Kong Act 1985;
iii
the Hong Kong (War Wives and Widows) Act 1996;
iv
the British Nationality (Hong Kong) Act 1997;
v
the British Overseas Territories Act 2002;
vi
an instrument made under any of those Acts.
7
The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.
F1668
In this section—
“England and Wales prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hb);
“contracted out institution” means—
- a
a prison or young offender institution that is a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act and the definition of “prison” in section 92(1) of that Act),
- b
a contracted out secure training centre within the meaning of sections 7 to 14 of the Criminal Justice and Public Order Act 1994 (see section 15 of that Act), or
- c
a contracted-out secure college within the meaning of Schedule 10 to the Criminal Justice and Courts Act 2015 (see paragraph 1 of that Schedule);
- a
“contracted out Scottish penal institution” means a penal institution for the running of which a contract under section 106 of the Criminal Justice and Public Order Act 1994 is for the time being in force;
“member of custodial staff for a juvenile justice centre” means a person who is authorised by the managers of a juvenile justice centre to take charge of a person detained by them;
“member of senior management for penal institutions in Scotland” means a person—
- a
who is a member of staff of the Scottish Administration of a seniority designated for the purposes of this section by the Scottish Ministers, and
- b
whose duties are exercisable in relation to penal institutions in Scotland generally, or any type of such institutions;
- a
“member of senior management for prisons in England and Wales” means a person—
- a
who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and
- b
whose duties as a senior official are exercisable in relation to prisons, young offender institutions, secure training centres or secure colleges in England and Wales;
- a
“member of senior management for prisons in Northern Ireland” means a person—
- a
who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and
- b
whose duties as a senior official are exercisable in relation to prisons, young offenders centres, remand centres or juvenile justice centres in Northern Ireland;
- a
“Northern Ireland prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hc);
“Northern Ireland prison officer” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 (including any person whose duties are exercisable in relation to a young offenders centre or remand centre in Northern Ireland);
“penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016;
“prison”, in relation to Northern Ireland, has the meaning given in section 47(1A) of the Prison Act (Northern Ireland) 1953;
“prisoner”, in relation to a penal institution, means a person who is detained or imprisoned in such an institution;
“relevant England and Wales institution”, in relation to an England and Wales prison authorisation, means the prison, young offender institution, secure training centre or secure college in England and Wales to which the authorisation relates;
“relevant Northern Ireland institution”, in relation to a Northern Ireland prison authorisation, means the prison, young offenders centre, remand centre or juvenile justice centre in Northern Ireland to which the authorisation relates;
“relevant Scottish penal institution”, in relation to a Scottish penal institution authorisation, means the penal institution in Scotland to which the authorisation relates;
“Scottish penal institution authorisation” means an authorisation where the authorising officer is within subsection (5)(hd);
“Scottish prison officer” means a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;
“unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.
C2C694 Authorisations given in absence of authorising officer.
1
Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—
a
b
F168ba
in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;
F169bb
in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or
F170bc
in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.
F42c
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2
Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—
a
where the authorising officer is within paragraph (a) F74or (d) of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;
b
where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;
c
where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;
d
where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the F14Police Service of Northern Ireland;
F15da
where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;
db
where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the F54Royal Navy Police;
dc
where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;
F183dca
where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;
F189dcb
where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;
dd
where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the F36British Transport Police;
F171de
where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;
F41e
where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the F101Director General of the National Crime Agency;
f
where the authorising officer is within paragraph (h) of that subsection, F59by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs for the purposes of this section.
F97fa
where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;
F172fb
in the case of an England and Wales prison authorisation, by a person—
i
who is a member of the civil service (within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 — see section 1(4) of that Act),
ii
whose duties are exercisable in relation to the relevant England and Wales institution, and
iii
who is designated for the purposes of this paragraph by the Secretary of State;
F173fc
in the case of a Northern Ireland prison authorisation, by a person—
i
who is a member of the Northern Ireland Civil Service,
ii
whose duties are exercisable in relation to the relevant Northern Ireland institution, and
iii
who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;
F174fd
in the case of a Scottish penal institution authorisation, by a person—
i
who is a member of staff of the Scottish Administration,
ii
whose duties are exercisable in relation to the relevant Scottish penal institution, and
iii
who is designated for the purposes of this paragraph by the Scottish Ministers;
F34g
where the authorising officer is within paragraph (i) of that subsection, by an officer of the F107Competition and Markets Authority designated by it for the purposes of this section.
F70ga
where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.
F71h
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F433
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4
In subsection (1), “designated deputy”—
F50a
in the case of an authorising officer within paragraph (a) of section 93(5), means—
i
the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or
ii
the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;
F72aa
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b
F175ba
in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;
F176bb
in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;
F177bc
in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.
F44c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1784A
In this section “England and Wales prison authorisation”, “member of senior management for prisons in England and Wales” and “relevant England and Wales institution” have the same meanings as in section 93.
F1794B
In this section “member of senior management for prisons in Northern Ireland”, “Northern Ireland prison authorisation” and “relevant Northern Ireland institution” have the same meanings as in section 93.
F1804C
In this section, “member of senior management for penal institutions in Scotland”, “Scottish penal institution authorisation” and “relevant Scottish penal institution” have the same meanings as in section 93.
F735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F737
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Authorisations: form and duration etc.
1
An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.
2
An authorisation shall, unless renewed under subsection (3), cease to have effect—
a
if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;
b
in any other case, at the end of the period of three months beginning with the day on which it took effect.
3
If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.
4
A person shall cancel an authorisation given by him if satisfied that F18the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.
5
An authorising officer shall cancel an authorisation given in his absence if satisfied that F18the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.
6
7
I1C996 Notification of authorisations etc.
1
2
Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.
3
A notice under this section of the giving or renewal of an authorisation shall specify—
a
whether section 97 applies to the authorisation or renewal, and
b
where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.
4
Where a notice is given to F121a Judicial Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.
5
An order under subsection (2) shall be made by statutory instrument.
6
A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
Authorisations requiring approval
C1097 Authorisations requiring approval.
1
An authorisation to which this section applies shall not take effect until—
a
it has been approved in accordance with this section by F123a Judicial Commissioner, and
b
the person who gave the authorisation has been notified under subsection (4).
2
Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—
a
that any of the property specified in the authorisation—
i
is used wholly or mainly as a dwelling or as a bedroom in a hotel, or
ii
constitutes office premises, or
b
that the action authorised by it is likely to result in any person acquiring knowledge of—
i
matters subject to legal privilege,
ii
confidential personal information, or
iii
confidential journalistic material.
3
This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.
4
Where F124a Judicial Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—
a
decide whether to approve the authorisation or refuse approval, and
b
give written notice of his decision to the person who gave the authorisation.
5
F125A Judicial Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).
6
F216A
The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) F47or (e) of section 93(5), as a reference to the Commissioner of Police F48or, as the case may be, Chief Constable mentioned in the paragraph concerned.
F496B
The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—
a
in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and
b
in the case of an authorisation given in the absence of such a person, as a reference to a F102National Crime Agency officer who is designated for the purposes of this section by the Director General of that Agency.
7
This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).
8
In this section—
“office premises” has the meaning given in section 1(2) of the M5Offices, Shops and Railway Premises Act 1963;
“hotel” means premises used for the reception of guests who desire to sleep in the premises.
98 Matters subject to legal privilege.
1
Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.
2
This subsection applies to communications between a professional legal adviser and—
a
his client, or
b
any person representing his client,
which are made in connection with the giving of legal advice to the client.
3
This subsection applies to communications—
a
between a professional legal adviser and his client or any person representing his client, or
b
between a professional legal adviser or his client or any such representative and any other person,
which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
4
This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—
a
in connection with the giving of legal advice, or
b
in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
5
For the purposes of section 97—
a
communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and
b
communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.
99 Confidential personal information.
1
In section 97 “confidential personal information” means—
a
personal information which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office, and which he holds in confidence, and
b
communications as a result of which personal information—
i
is acquired or created as mentioned in paragraph (a), and
ii
is held in confidence.
2
For the purposes of this section “personal information” means information concerning an individual (whether living or dead) who can be identified from it and relating—
a
to his physical or mental health, or
b
to spiritual counselling or assistance given or to be given to him.
3
A person holds information in confidence for the purposes of this section if he holds it subject—
a
to an express or implied undertaking to hold it in confidence, or
b
to a restriction on disclosure or an obligation of secrecy contained in any enactment (including an enactment contained in an Act passed after this Act).
100 Confidential journalistic material.
1
In section 97 “confidential journalistic material” means—
a
material acquired or created for the purposes of journalism which—
i
is in the possession of persons who acquired or created it for those purposes,
ii
is held subject to an undertaking, restriction or obligation of the kind mentioned in section 99(3), and
iii
has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism, and
b
communications as a result of which information is acquired for the purposes of journalism and held as mentioned in paragraph (a)(ii).
2
For the purposes of subsection (1), a person who receives material, or acquires information, from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.
Code of Practice
F22101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Complaints etc.
F23102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 Quashing of authorisations etc.
C111
Where, at any time, F139a Judicial Commissioner is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.
C112
Where, in the case of an authorisation or renewal to which section 97 does not apply, F140a Judicial Commissioner is at any time satisfied that, at the time the authorisation was given or, as the case may be, renewed,—
a
there were reasonable grounds for believing any of the matters specified in subsection (2) of section 97, and
b
there were no reasonable grounds for believing the case to be one of urgency for the purposes of subsection (3) of that section,
he may quash the authorisation or, as the case may be, renewal.
3
Where F143a Judicial Commissioner quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.
C124
If F141a Judicial Commissioner is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.
5
Where—
a
an authorisation has ceased to have effect (otherwise than by virtue of subsection (1) or (2)), and
b
F142a Judicial Commissioner is satisfied that, at any time during the period of the authorisation, there were no reasonable grounds for believing the matters specified in section 93(2),
he may order the destruction of any records relating, wholly or partly, to information which was obtained by virtue of the authorisation after that time (other than records required for pending criminal or civil proceedings).
C146
Where F144a Judicial Commissioner exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.
7
Where F136a Judicial Commissioner (other than the Investigatory Powers Commissioner) exercises a power conferred by this section, he shall, as soon as is reasonably practicable, make a report of his findings—
a
to the authorising officer who gave the authorisation or in whose absence it was given, and
b
to the F137Investigatory Powers Commissioner;
F24and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.
8
Where—
a
a decision is made under subsection (1) or (2) and an order for the destruction of records is made under subsection (3), or
b
a decision to order the destruction of records is made under subsection (5),
9
F145A Judicial Commissioner may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.
Appeals
C13104 Appeals by authorising officers.
1
An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the F127Investigatory Powers Commissioner (except where the original decision was made by that Commissioner) against—
a
any refusal to approve the authorisation or any renewal of it under section 97;
b
any decision to quash the authorisation, or any renewal of it, under subsection (1) of section 103;
c
any decision to quash the authorisation, or any renewal of it, under subsection (2) of that section;
d
any decision to cancel the authorisation under subsection (4) of that section;
e
any decision to order the destruction of records under subsection (5) of that section;
f
any refusal to make an order under subsection (6) of that section;
F25g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.
3
In determining an appeal within subsection (1)(a), the F129Investigatory Powers Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct F126the Judicial Commissioner concerned to approve the authorisation or renewal under that section.
4
In determining—
a
an appeal within subsection (1)(b), F26. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the F129Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that, at the time the authorisation was given or, as the case may be, renewed there were no reasonable grounds for believing the matters specified in section 93(2).
5
In determining—
a
an appeal within subsection (1)(c), F26. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the F129Investigatory Powers Commissioner shall allow the appeal unless he is satisfied as mentioned in section 103(2).
6
In determining—
a
an appeal within subsection (1)(d) or (e), F26. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the F129Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that at the time to which the decision relates there were no reasonable grounds for believing the matters specified in section 93(2).
7
In determining an appeal within subsection (1)(f), the F129Investigatory Powers Commissioner shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.
8
Where an appeal is allowed under this section, the F129Investigatory Powers Commissioner shall—
a
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105 Appeals by authorising officers: supplementary.
1
Where the F130Investigatory Powers Commissioner determines an appeal under section 104—
a
he shall give notice of his determination—
i
to the authorising officer concerned, F28and
ii
iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Subject to subsection (1)(b), the F130Investigatory Powers Commissioner shall not give any reasons for a determination under section 104.
3
Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a) F77or (c) of section 93(5).
F30106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F134107 Supplementary provisions relating to Commissioners.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 Interpretation of Part III.
C71
In this Part—
F31“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;
“authorisation” means an authorisation under section 93;
“authorising officer” has the meaning given by section 93(5);
“criminal proceedings” includes F63proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;
F60...
“designated deputy” has the meaning given in section 94(4);
F135“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);
F184“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;
“United Kingdom waters” has the meaning given in section 30(5) of the M6Police Act 1996; and
“wireless telegraphy” has the same meaning as in F51the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.
F1081A
A reference in this Part to a staff officer of the Police Investigations and Review Commissioner is to any person who—
a
is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or
b
is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.
2
Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.
3
For the purposes of this Part, an authorisation (or renewal) given—
a
by the designated deputy of an authorising officer, or
b
by a person on whom an authorising officer’s powers are conferred by section 94,
shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.
Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2