http://www.legislation.gov.uk/ukpga/2000/23/2011-01-21Regulation of Investigatory Powers Act 2000An Act to make provision for and about the interception of communications, the acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed; to provide for Commissioners and a tribunal with functions and jurisdiction in relation to those matters, to entries on and interferences with property or with wireless telegraphy and to the carrying out of their functions by the Security Service, the Secret Intelligence Service and the Government Communications Headquarters; and for connected purposes.2000-07-28texttext/xmlenStatute Law Database2026-04-102011-01-21 Regulation of Investigatory Powers Act 2000s. 77A headingInvestigatory Powers Act 2016Sch. 10 para. 57(2)(a)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 77A headingInvestigatory Powers Act 2016Sch. 10 para. 57(2)(b)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 77B headingInvestigatory Powers Act 2016Sch. 10 para. 58(2)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 30(6)Tax Collection and Management (Wales) Act 2016Deddf Casglu a Rheoli Trethi (Cymru) 2016s. 187(2)(a)s. 194(2)Regulation of Investigatory Powers Act 2000s. 30(6A)-(6D)Tax Collection and Management (Wales) Act 2016Deddf Casglu a Rheoli Trethi (Cymru) 2016s. 187(2)(b)s. 194(2)Regulation of Investigatory Powers Act 2000s. 77A(1)Investigatory Powers Act 2016Sch. 10 para. 57(2)(a)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 77A(1)Investigatory Powers Act 2016Sch. 10 para. 57(2)(b)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 77A(3)Investigatory Powers Act 2016Sch. 10 para. 57(3)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 77B(1)Investigatory Powers Act 2016Sch. 10 para. 58(2)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 77B(4)Investigatory Powers Act 2016Sch. 10 para. 58(2)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000s. 77B(4)Investigatory Powers Act 2016Sch. 10 para. 58(3)Sch. 9 paras. 7 8 10s. 272(1)Regulation of Investigatory Powers Act 2000Sch. 1 para. 16A and cross-headingTax Collection and Management (Wales) Act 2016Deddf Casglu a Rheoli Trethi (Cymru) 2016s. 187(3)s. 194(2)Regulation of Investigatory Powers Act 2000Sch. 1 Pt. 1 para. 20HEnergy Act 2013Sch. 12 para. 74s. 156(1)Regulation of Investigatory Powers Act 2000Sch. 2 para. 1(1)(a)Courts Act 2003Sch. 4 para. 12s. 110(1)Regulation of Investigatory Powers Act 2000Sch. 1 para. 27National Health Service (Consequential Provisions) Act 2006Sch. 1 para. 209(b)Sch. 3 Pt. 1s. 8(2)Regulation of Investigatory Powers Act 2000Sch. 1 para. 27ANational Health Service (Consequential Provisions) Act 2006Sch. 1 para. 209(c)Sch. 3 Pt. 1s. 8(2)Regulation of Investigatory Powers Act 2000s. 18(1)(dc)Sanctions and Anti-Money Laundering Act 2018Sch. 3 para. 9s. 52(3) 53 58s. 64(2)reg. 3(e)Regulation of Investigatory Powers Act 2000s. 18(2)(zb)Sanctions and Anti-Money Laundering Act 2018Sch. 3 para. 9s. 52(3) 53 58s. 64(2)reg. 3(e)Regulation of Investigatory Powers Act 2000s. 65(5)(czb)The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(a)reg. 1(2)Regulation of Investigatory Powers Act 2000s. 68(2)The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(b)(i)(aa)reg. 1(2)Regulation of Investigatory Powers Act 2000s. 68(2)The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(b)(i)(bb)reg. 1(2)Regulation of Investigatory Powers Act 2000s. 68(3)The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(b)(ii)reg. 1(2)Regulation of Investigatory Powers Act 2000s. 68(8)The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(b)(iii)(aa)reg. 1(2)Regulation of Investigatory Powers Act 2000s. 68(8)(c)The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(b)(iii)(bb)reg. 1(2)Regulation of Investigatory Powers Act 2000Sch. 1 para. 27C and cross-headingThe Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(c)(i)reg. 1(2)Regulation of Investigatory Powers Act 2000Sch. 1 para. 27CA and cross-headingThe Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 11(c)(ii)reg. 1(2)Regulation of Investigatory Powers Act 2000s. 3(3B)Counter-Terrorism and Border Security Act 2019Sch. 4 para. 24s. 27(2)(d)reg. 2(i) Regulation of Investigatory Powers Act 20002000 c. 23An Act to make provision for and about the interception of communications, the acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed; to provide for Commissioners and a tribunal with functions and jurisdiction in relation to those matters, to entries on and interferences with property or with wireless telegraphy and to the carrying out of their functions by the Security Service, the Secret Intelligence Service and the Government Communications Headquarters; and for connected purposes.[28th July 2000]Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Part I CommunicationsChapter I Interception Unlawful and authorised interception Unlawful interception.11It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of—aa public postal service; orba public telecommunication system.2It shall be an offence for a person—aintentionally and without lawful authority, andbotherwise than in circumstances in which his conduct is excluded by subsection (6) from criminal liability under this subsection,to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of a private telecommunication system.3Any interception of a communication which is carried out at any place in the United Kingdom by, or with the express or implied consent of, a person having the right to control the operation or the use of a private telecommunication system shall be actionable at the suit or instance of the sender or recipient, or intended recipient, of the communication if it is without lawful authority and is either—aan interception of that communication in the course of its transmission by means of that private system; orban interception of that communication in the course of its transmission, by means of a public telecommunication system, to or from apparatus comprised in that private telecommunication system.4Where the United Kingdom is a party to an international agreement which—arelates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,brequires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, andcis designated for the purposes of this subsection by an order made by the Secretary of State,it shall be the duty of the Secretary of State to secure that no request for assistance in accordance with the agreement is made on behalf of a person in the United Kingdom to the competent authorities of a country or territory outside the United Kingdom except with lawful authority.5Conduct has lawful authority for the purposes of this section if, and only if—ait is authorised by or under section 3 or 4;bit takes place in accordance with a warrant under section 5 (“an interception warrant”); orcit is in exercise, in relation to any stored communication, of any statutory power that is exercised (apart from this section) for the purpose of obtaining information or of taking possession of any document or other property;and conduct (whether or not prohibited by this section) which has lawful authority for the purposes of this section by virtue of paragraph (a) or (b) shall also be taken to be lawful for all other purposes.6The circumstances in which a person makes an interception of a communication in the course of its transmission by means of a private telecommunication system are such that his conduct is excluded from criminal liability under subsection (2) if—ahe is a person with a right to control the operation or the use of the system; orbhe has the express or implied consent of such a person to make the interception.7A person who is guilty of an offence under subsection (1) or (2) shall be liable—aon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;bon summary conviction, to a fine not exceeding the statutory maximum.8No proceedings for any offence which is an offence by virtue of this section shall be instituted—ain England and Wales, except by or with the consent of the Director of Public Prosecutions;bin Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland. Meaning and location of “interception” <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>21In this Act—“postal service” means any service which—consists in the following, or in any one or more of them, namely, the collection, sorting, conveyance, distribution and delivery (whether in the United Kingdom or elsewhere) of postal items; andis offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, a means of transmission from place to place of postal items containing communications;“private telecommunication system” means any telecommunication system which, without itself being a public telecommunication system, is a system in relation to which the following conditions are satisfied—it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public telecommunication system; andthere is apparatus comprised in the system which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to the public telecommunication system;“public postal service” means any postal service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;“public telecommunications service” means any telecommunications service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;“public telecommunication system” means any such parts of a telecommunication system by means of which any public telecommunications service is provided as are located in the United Kingdom;“telecommunications service” means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service); and“telecommunication system” means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.2For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he—aso modifies or interferes with the system, or its operation,bso monitors transmissions made by means of the system, orcso monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.3References in this Act to the interception of a communication do not include references to the interception of any communication broadcast for general reception.4For the purposes of this Act the interception of a communication takes place in the United Kingdom if, and only if, the modification, interference or monitoring or, in the case of a postal item, the interception is effected by conduct within the United Kingdom and the communication is either—aintercepted in the course of its transmission by means of a public postal service or public telecommunication system; orbintercepted in the course of its transmission by means of a private telecommunication system in a case in which the sender or intended recipient of the communication is in the United Kingdom.5References in this Act to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system do not include references to—aany conduct that takes place in relation only to so much of the communication as consists in any traffic data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted; orbany such conduct, in connection with conduct falling within paragraph (a), as gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose of identifying traffic data so comprised or attached.6For the purposes of this section references to the modification of a telecommunication system include references to the attachment of any apparatus to, or other modification of or interference with—aany part of the system; orbany wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.7For the purposes of this section the times while a communication is being transmitted by means of a telecommunication system shall be taken to include any time when the system by means of which the communication is being, or has been, transmitted is used for storing it in a manner that enables the intended recipient to collect it or otherwise to have access to it.8For the purposes of this section the cases in which any contents of a communication are to be taken to be made available to a person while being transmitted shall include any case in which any of the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently.9In this section “traffic data”, in relation to any communication, means—aany data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,bany data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,cany data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, anddany data identifying the data or other data as data comprised in or attached to a particular communication,but that expression includes data identifying a computer file or computer program access to which is obtained, or which is run, by means of the communication to the extent only that the file or program is identified by reference to the apparatus in which it is stored.10In this section—areferences, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; andbreferences to traffic data being attached to a communication include references to the data and the communication being logically associated with each other;and in this section “data”, in relation to a postal item, means anything written on the outside of the item.11In this section “postal item” means any letter, postcard or other such thing in writing as may be used by the sender for imparting information to the recipient, or any packet or parcel. Lawful interception without an interception warrant.31Conduct by any person consisting in the interception of a communication is authorised by this section if the communication is one which, or which that person has reasonable grounds for believing, is both—aa communication sent by a person who has consented to the interception; andba communication the intended recipient of which has so consented.2Conduct by any person consisting in the interception of a communication is authorised by this section if—athe communication is one sent by, or intended for, a person who has consented to the interception; andbsurveillance by means of that interception has been authorised under Part II.3Conduct consisting in the interception of a communication is authorised by this section if—ait is conduct by or on behalf of a person who provides a postal service or a telecommunications service; andbit takes place for purposes connected with the provision or operation of that service or with the enforcement, in relation to that service, of any enactment relating to the use of postal services or telecommunications services.4Conduct by any person consisting in the interception of a communication in the course of its transmission by means of wireless telegraphy is authorised by this section if it takes place—awith the authority of a designated person under section 48 of the Wireless Telegraphy Act 2006 (interception and disclosure of wireless telegraphy messages) ; andbfor purposes connected with anything falling within subsection (5).5Each of the following falls within this subsection—athe grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006;bthe prevention or detection of anything which constitutes interference with wireless telegraphy; andcthe enforcement of iany provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of that Act, oriiany enactment not falling within sub-paragraph (i) that relates to such interference. Power to provide for lawful interception.41Conduct by any person (“the interceptor”) consisting in the interception of a communication in the course of its transmission by means of a telecommunication system is authorised by this section if—athe interception is carried out for the purpose of obtaining information about the communications of a person who, or who the interceptor has reasonable grounds for believing, is in a country or territory outside the United Kingdom;bthe interception relates to the use of a telecommunications service provided to persons in that country or territory which is either—ia public telecommunications service; oriia telecommunications service that would be a public telecommunications service if the persons to whom it is offered or provided were members of the public in a part of the United Kingdom;cthe person who provides that service (whether the interceptor or another person) is required by the law of that country or territory to carry out, secure or facilitate the interception in question;dthe situation is one in relation to which such further conditions as may be prescribed by regulations made by the Secretary of State are required to be satisfied before conduct may be treated as authorised by virtue of this subsection; andethe conditions so prescribed are satisfied in relation to that situation.2Subject to subsection (3), the Secretary of State may by regulations authorise any such conduct described in the regulations as appears to him to constitute a legitimate practice reasonably required for the purpose, in connection with the carrying on of any business, of monitoring or keeping a record of—acommunications by means of which transactions are entered into in the course of that business; orbother communications relating to that business or taking place in the course of its being carried on.3Nothing in any regulations under subsection (2) shall authorise the interception of any communication except in the course of its transmission using apparatus or services provided by or to the person carrying on the business for use wholly or partly in connection with that business.4Conduct taking place in a prison is authorised by this section if it is conduct in exercise of any power conferred by or under any rules made under section 47 of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1953 (prison rules).5Conduct taking place in any hospital premises where high security psychiatric services are provided is authorised by this section if it is conduct in pursuance of, and in accordance with, any direction given under section 8 of the National Health Service Act 2006, or section 19 or 23 of the National Health Service (Wales) Act 2006(directions as to the carrying out of their functions by health bodies) to the body providing those services at those premises.6Conduct taking place in a state hospital is authorised by this section if it is conduct in pursuance of, and in accordance with, any direction given to the State Hospitals Board for Scotland under section 2(5) of the National Health Service (Scotland) Act 1978 (regulations and directions as to the exercise of their functions by health boards) as applied by Article 5(1) of and the Schedule to The State Hospitals Board for Scotland Order 1995 (which applies certain provisions of that Act of 1978 to the State Hospitals Board).7In this section references to a business include references to any activities of a government department, of any public authority or of any person or office holder on whom functions are conferred by or under any enactment.8In this section—“government department” includes any part of the Scottish Administration, a Northern Ireland department and the Welsh Assembly Government;“high security psychiatric services” has the same meaning as in section 4 of the National Health Service Act 2006;“hospital premises” has the same meaning as in section 4(3) of that Act; and“state hospital” has the same meaning as in the National Health Service (Scotland) Act 1978.9In this section “prison” means—aany prison, young offender institution, young offenders centre or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952 or the Prison Act (Northern Ireland) 1953, orbany prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989,and includes any contracted out prison, within the meaning of Part IV of the Criminal Justice Act 1991 or section 106(4) of the Criminal Justice and Public Order Act 1994, and any legalised police cells within the meaning of section 14 of the Prisons (Scotland) Act 1989. Interception with a warrant.51Subject to the following provisions of this Chapter, the Secretary of State may issue a warrant authorising or requiring the person to whom it is addressed, by any such conduct as may be described in the warrant, to secure any one or more of the following—athe interception in the course of their transmission by means of a postal service or telecommunication system of the communications described in the warrant;bthe making, in accordance with an international mutual assistance agreement, of a request for the provision of such assistance in connection with, or in the form of, an interception of communications as may be so described;cthe provision, in accordance with an international mutual assistance agreement, to the competent authorities of a country or territory outside the United Kingdom of any such assistance in connection with, or in the form of, an interception of communications as may be so described;dthe disclosure, in such manner as may be so described, of intercepted material obtained by any interception authorised or required by the warrant, and of related communications data.2The Secretary of State shall not issue an interception warrant unless he believes—athat the warrant is necessary on grounds falling within subsection (3); andbthat the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct.3Subject to the following provisions of this section, a warrant is necessary on grounds falling within this subsection if it is necessary—ain the interests of national security;bfor the purpose of preventing or detecting serious crime;cfor the purpose of safeguarding the economic well-being of the United Kingdom; ordfor the purpose, in circumstances appearing to the Secretary of State to be equivalent to those in which he would issue a warrant by virtue of paragraph (b), of giving effect to the provisions of any international mutual assistance agreement.4The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any warrant shall include whether the information which it is thought necessary to obtain under the warrant could reasonably be obtained by other means.5A warrant shall not be considered necessary on the ground falling within subsection (3)(c) unless the information which it is thought necessary to obtain is information relating to the acts or intentions of persons outside the British Islands.6The conduct authorised by an interception warrant shall be taken to include—aall such conduct (including the interception of communications not identified by the warrant) as it is necessary to undertake in order to do what is expressly authorised or required by the warrant;bconduct for obtaining related communications data; andcconduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance with giving effect to the warrant. Interception warrants Application for issue of an interception warrant.61An interception warrant shall not be issued except on an application made by or on behalf of a person specified in subsection (2).2Those persons are—athe Director-General of the Security Service;bthe Chief of the Secret Intelligence Service;cthe Director of GCHQ;dthe Director General of the Serious Organised Crime Agency ;dathe Director General of the Scottish Crime and Drug Enforcement Agency;ethe Commissioner of Police of the Metropolis;fthe Chief Constable of the Royal Ulster Constabulary;gthe chief constable of any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967;hthe Commissioners for Her Majesty's Revenue and Customs;ithe Chief of Defence Intelligence;ja person who, for the purposes of any international mutual assistance agreement, is the competent authority of a country or territory outside the United Kingdom.3An application for the issue of an interception warrant shall not be made on behalf of a person specified in paragraph (a), (b), (c), (e), (f), (g), (h), (i) or (j) subsection (2) except by a person holding office under the Crown. Issue of warrants.71An interception warrant shall not be issued except—aunder the hand of the Secretary of State or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive; orbin a case falling within subsection (2) (a) or (b), under the hand of a senior official.; orcin a case falling within subsection (2)(aa), under the hand of a member of the staff of the Scottish Administration who is a member of the Senior Civil Service and who is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.2Those cases are—aan urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant in that case; andaaan urgent case in which the Scottish Ministers have themselves (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised the use of the warrant in that case and a statement of that fact is endorsed on the warrant; andba case in which the warrant is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom and either—iit appears that the interception subject is outside the United Kingdom; oriithe interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.3An interception warrant—amust be addressed to the person falling within section 6(2) by whom, or on whose behalf, the application for the warrant was made; andbin the case of a warrant issued under the hand of a senior official, must contain, according to whatever is applicable—ione of the statements set out in subsection (4); andiiif it contains the statement set out in subsection (4)(b), one of the statements set out in subsection (5).4The statements referred to in subsection (3)(b)(i) are—aa statement that the case is an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant;ba statement that the warrant is issued for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom.5The statements referred to in subsection (3)(b)(ii) are—aa statement that the interception subject appears to be outside the United Kingdom;ba statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom. Contents of warrants.81An interception warrant must name or describe either—aone person as the interception subject; orba single set of premises as the premises in relation to which the interception to which the warrant relates is to take place.2The provisions of an interception warrant describing communications the interception of which is authorised or required by the warrant must comprise one or more schedules setting out the addresses, numbers, apparatus or other factors, or combination of factors, that are to be used for identifying the communications that may be or are to be intercepted.3Any factor or combination of factors set out in accordance with subsection (2) must be one that identifies communications which are likely to be or to include—acommunications from, or intended for, the person named or described in the warrant in accordance with subsection (1); orbcommunications originating on, or intended for transmission to, the premises so named or described.4Subsections (1) and (2) shall not apply to an interception warrant if—athe description of communications to which the warrant relates confines the conduct authorised or required by the warrant to conduct falling within subsection (5); andbat the time of the issue of the warrant, a certificate applicable to the warrant has been issued by the Secretary of State certifying—ithe descriptions of intercepted material the examination of which he considers necessary; andiithat he considers the examination of material of those descriptions necessary as mentioned in section 5(3)(a), (b) or (c).5Conduct falls within this subsection if it consists in—athe interception of external communications in the course of their transmission by means of a telecommunication system; andbany conduct authorised in relation to any such interception by section 5(6).6A certificate for the purposes of subsection (4) shall not be issued except under the hand of the Secretary of State. Duration, cancellation and renewal of warrants.91An interception warrant—ashall cease to have effect at the end of the relevant period; butbmay be renewed, at any time before the end of that period, by an instrument under the hand of the Secretary of State or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive or, in a case falling within section 7(2)(b), under the hand of a senior official.2An interception warrant shall not be renewed under subsection (1) unless the Secretary of State believes that the warrant continues to be necessary on grounds falling within section 5(3).3The Secretary of State shall cancel an interception warrant if he is satisfied that the warrant is no longer necessary on grounds falling within section 5(3).4The Secretary of State shall cancel an interception warrant if, at any time before the end of the relevant period, he is satisfied in a case in which—athe warrant is one which was issued containing the statement set out in section 7(5)(a) or has been renewed by an instrument containing the statement set out in subsection (5)(b)(i) of this section, andbthe latest renewal (if any) of the warrant is not a renewal by an instrument under the hand of the Secretary of State,that the person named or described in the warrant as the interception subject is in the United Kingdom.5An instrument under the hand of a senior official that renews an interception warrant must contain—aa statement that the renewal is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom; andbwhichever of the following statements is applicable—ia statement that the interception subject appears to be outside the United Kingdom;iia statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.6In this section “the relevant period”—ain relation to an unrenewed warrant issued in a case falling within section 7(2)(a) under the hand of a senior official, means the period ending with the fifth working day following the day of the warrant’s issue;abin relation to an unrenewed warrant which is endorsed under the hand of the Secretary of State with a statement that the issue of the warrant is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant's issue;bin relation to a renewed warrant the latest renewal of which was by an instrument endorsed under the hand of the Secretary of State with a statement that the renewal is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant’s renewal; andcin all other cases, means the period of three months beginning with the day of the warrant’s issue or, in the case of a warrant that has been renewed, of its latest renewal. Modification of warrants and certificates.101The Secretary of State may at any time—amodify the provisions of an interception warrant; orbmodify a section 8(4) certificate so as to include in the certified material any material the examination of which he considers to be necessary as mentioned in section 5(3)(a), (b) or (c).2If at any time the Secretary of State considers that any factor set out in a schedule to an interception warrant is no longer relevant for identifying communications which, in the case of that warrant, are likely to be or to include communications falling within section 8(3)(a) or (b), it shall be his duty to modify the warrant by the deletion of that factor.3If at any time the Secretary of State considers that the material certified by a section 8(4) certificate includes any material the examination of which is no longer necessary as mentioned in any of paragraphs (a) to (c) of section 5(3), he shall modify the certificate so as to exclude that material from the certified material.4Subject to subsections (5) to (8), a warrant or certificate shall not be modified under this section except by an instrument under the hand of the Secretary of State or of a senior official.4ASubject to subsections (5A), (6) and (8), a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) shall not be modified under this section except by an instrument under the hand of a member of the Scottish Executive or a member of the staff of the Scottish Administration who is a member of the Senior Civil Service and is designated by the Scottish Ministers as a person under whose hand an instrument may be issued in such a case (in this section referred to as “a designated official”)5Unscheduled parts of an interception warrant shall not be modified under the hand of a senior official except in an urgent case in which—athe Secretary of State has himself expressly authorised the modification; andba statement of that fact is endorsed on the modifying instrument.5AUnscheduled parts of an interception warrant issued by the Scottish Ministers shall not be modified under the hand of a designated official except in an urgent case in which–athey have themselves (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised the modification; andba statement of that fact is endorsed on the modifying instrument6Subsection (4) authorises the modification of the scheduled parts of an interception warrant under the hand of a senior official who is either—athe person to whom the warrant is addressed, orba person holding a position subordinate to that person,only if the applicable condition specified in subsection (6A) is satisfied and a statement that the condition is satisfied is endorsed on the modifying instrument.6AThe applicable condition is—ain the case of an unrenewed warrant, that the warrant is endorsed with a statement that the issue of the warrant is believed to be necessary in the interests of national security; andbin the case of a renewed warrant, that the instrument by which it was last renewed is endorsed with a statement that the renewal is believed to be necessary in the interests of national security.7A section 8(4) certificate shall not be modified under the hand of a senior official except in an urgent case in which—athe official in question holds a position in respect of which he is expressly authorised by provisions contained in the certificate to modify the certificate on the Secretary of State’s behalf; orbthe Secretary of State has himself expressly authorised the modification and a statement of that fact is endorsed on the modifying instrument.8Where modifications in accordance with this subsection are expressly authorised by provision contained in the warrant, the scheduled parts of an interception warrant may, in an urgent case, be modified by an instrument under the hand of—athe person to whom the warrant is addressed; orba person holding any such position subordinate to that person as may be identified in the provisions of the warrant.9Where—aa warrant or certificate is modified by an instrument under the hand of a person other than the Secretary of State or, as the case may be, the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), andba statement for the purposes of subsection (5)(b) , (5A)(b), (6) or (7)(b) is endorsed on the instrument, or the modification is made under subsection (8),that modification shall cease to have effect at the end of the fifth working day following the day of the instrument’s issue.10For the purposes of this section—athe scheduled parts of an interception warrant are any provisions of the warrant that are contained in a schedule of identifying factors comprised in the warrant for the purposes of section 8(2); andbthe modifications that are modifications of the scheduled parts of an interception warrant include the insertion of an additional such schedule in the warrant;and references in this section to unscheduled parts of an interception warrant, and to their modification, shall be construed accordingly. Implementation of warrants.111Effect may be given to an interception warrant either—aby the person to whom it is addressed; orbby that person acting through, or together with, such other persons as he may require (whether under subsection (2) or otherwise) to provide him with assistance with giving effect to the warrant.2For the purpose of requiring any person to provide assistance in relation to an interception warrant the person to whom it is addressed may—aserve a copy of the warrant on such persons as he considers may be able to provide such assistance; orbmake arrangements under which a copy of it is to be or may be so served.3The copy of an interception warrant that is served on any person under subsection (2) may, to the extent authorised—aby the person to whom the warrant is addressed, orbby the arrangements made by him for the purposes of that subsection,omit any one or more of the schedules to the warrant.4Where a copy of an interception warrant has been served by or on behalf of the person to whom it is addressed on—aa person who provides a postal service,ba person who provides a public telecommunications service, orca person not falling within paragraph (b) who has control of the whole or any part of a telecommunication system located wholly or partly in the United Kingdom,it shall (subject to subsection (5)) be the duty of that person to take all such steps for giving effect to the warrant as are notified to him by or on behalf of the person to whom the warrant is addressed.5A person who is under a duty by virtue of subsection (4) to take steps for giving effect to a warrant shall not be required to take any steps which it is not reasonably practicable for him to take.6For the purposes of subsection (5) the steps which it is reasonably practicable for a person to take in a case in which obligations have been imposed on him by or under section 12 shall include every step which it would have been reasonably practicable for him to take had he complied with all the obligations so imposed on him.7A person who knowingly fails to comply with his duty under subsection (4) shall be guilty of an offence and liable—aon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;bon summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.8A person’s duty under subsection (4) to take steps for giving effect to a warrant shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.9For the purposes of this Act the provision of assistance with giving effect to an interception warrant includes any disclosure to the person to whom the warrant is addressed, or to persons acting on his behalf, of intercepted material obtained by any interception authorised or required by the warrant, and of any related communications data. Interception capability and costs Maintenance of interception capability.121The Secretary of State may by order provide for the imposition by him on persons who—aare providing public postal services or public telecommunications services, orbare proposing to do so,of such obligations as it appears to him reasonable to impose for the purpose of securing that it is and remains practicable for requirements to provide assistance in relation to interception warrants to be imposed and complied with.2The Secretary of State’s power to impose the obligations provided for by an order under this section shall be exercisable by the giving, in accordance with the order, of a notice requiring the person who is to be subject to the obligations to take all such steps as may be specified or described in the notice.3Subject to subsection (11), the only steps that may be specified or described in a notice given to a person under subsection (2) are steps appearing to the Secretary of State to be necessary for securing that that person has the practical capability of providing any assistance which he may be required to provide in relation to relevant interception warrants.4A person shall not be liable to have an obligation imposed on him in accordance with an order under this section by reason only that he provides, or is proposing to provide, to members of the public a telecommunications service the provision of which is or, as the case may be, will be no more than—athe means by which he provides a service which is not a telecommunications service; orbnecessarily incidental to the provision by him of a service which is not a telecommunications service.5Where a notice is given to any person under subsection (2) and otherwise than by virtue of subsection (6)(c), that person may, before the end of such period as may be specified in an order under this section, refer the notice to the Technical Advisory Board.6Where a notice given to any person under subsection (2) is referred to the Technical Advisory Board under subsection (5)—athere shall be no requirement for that person to comply, except in pursuance of a notice under paragraph (c)(ii), with any obligations imposed by the notice;bthe Board shall consider the technical requirements and the financial consequences, for the person making the reference, of the notice referred to them and shall report their conclusions on those matters to that person and to the Secretary of State; andcthe Secretary of State, after considering any report of the Board relating to the notice, may either—iwithdraw the notice; oriigive a further notice under subsection (2) confirming its effect, with or without modifications.7It shall be the duty of a person to whom a notice is given under subsection (2) to comply with the notice; and that duty shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.8A notice for the purposes of subsection (2) must specify such period as appears to the Secretary of State to be reasonable as the period within which the steps specified or described in the notice are to be taken.9Before making an order under this section the Secretary of State shall consult with—asuch persons appearing to him to be likely to be subject to the obligations for which it provides,bthe Technical Advisory Board,csuch persons representing persons falling within paragraph (a), anddsuch persons with statutory functions in relation to persons falling within that paragraph,as he considers appropriate.10The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.11For the purposes of this section the question whether a person has the practical capability of providing assistance in relation to relevant interception warrants shall include the question whether all such arrangements have been made as the Secretary of State considers necessary—awith respect to the disclosure of intercepted material;bfor the purpose of ensuring that security and confidentiality are maintained in relation to, and to matters connected with, the provision of any such assistance; andcfor the purpose of facilitating the carrying out of any functions in relation to this Chapter of the Interception of Communications Commissioner;but before determining for the purposes of the making of any order, or the imposition of any obligation, under this section what arrangements he considers necessary for the purpose mentioned in paragraph (c) the Secretary of State shall consult that Commissioner.12In this section “relevant interception warrant”—ain relation to a person providing a public postal service, means an interception warrant relating to the interception of communications in the course of their transmission by means of that service; andbin relation to a person providing a public telecommunications service, means an interception warrant relating to the interception of communications in the course of their transmission by means of a telecommunication system used for the purposes of that service. Technical Advisory Board.131There shall be a Technical Advisory Board consisting of such number of persons appointed by the Secretary of State as he may by order provide.2The order providing for the membership of the Technical Advisory Board must also make provision which is calculated to ensure—athat the membership of the Technical Advisory Board includes persons likely effectively to represent the interests of the persons on whom obligations may be imposed under section 12;bthat the membership of the Board includes persons likely effectively to represent the interests of the persons by or on whose behalf applications for interception warrants may be made;cthat such other persons (if any) as the Secretary of State thinks fit may be appointed to be members of the Board; anddthat the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraph (a) and the representation of those mentioned in paragraph (b).3The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Grants for interception costs.141It shall be the duty of the Secretary of State to ensure that such arrangements are in force as are necessary for securing that a person who provides—aa postal service, orba telecommunications service,receives such contribution as is, in the circumstances of that person’s case, a fair contribution towards the costs incurred, or likely to be incurred, by that person in consequence of the matters mentioned in subsection (2).2Those matters are—ain relation to a person providing a postal service, the issue of interception warrants relating to communications transmitted by means of that postal service;bin relation to a person providing a telecommunications service, the issue of interception warrants relating to communications transmitted by means of a telecommunication system used for the purposes of that service;cin relation to each description of person, the imposition on that person of obligations provided for by an order under section 12.3For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for payments to be made out of money provided by Parliament. Restrictions on use of intercepted material etc. General safeguards.151Subject to subsection (6), it shall be the duty of the Secretary of State to ensure, in relation to all interception warrants, that such arrangements are in force as he considers necessary for securing—athat the requirements of subsections (2) and (3) are satisfied in relation to the intercepted material and any related communications data; andbin the case of warrants in relation to which there are section 8(4) certificates, that the requirements of section 16 are also satisfied.2The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each of the following—athe number of persons to whom any of the material or data is disclosed or otherwise made available,bthe extent to which any of the material or data is disclosed or otherwise made available,cthe extent to which any of the material or data is copied, anddthe number of copies that are made,is limited to the minimum that is necessary for the authorised purposes.3The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each copy made of any of the material or data (if not destroyed earlier) is destroyed as soon as there are no longer any grounds for retaining it as necessary for any of the authorised purposes.4For the purposes of this section something is necessary for the authorised purposes if, and only if—ait continues to be, or is likely to become, necessary as mentioned in section 5(3);bit is necessary for facilitating the carrying out of any of the functions under this Chapter of the Secretary of State;cit is necessary for facilitating the carrying out of any functions in relation to this Part of the Interception of Communications Commissioner or of the Tribunal;dit is necessary to ensure that a person conducting a criminal prosecution has the information he needs to determine what is required of him by his duty to secure the fairness of the prosecution; oreit is necessary for the performance of any duty imposed on any person by the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.5The arrangements for the time being in force under this section for securing that the requirements of subsection (2) are satisfied in relation to the intercepted material or any related communications data must include such arrangements as the Secretary of State considers necessary for securing that every copy of the material or data that is made is stored, for so long as it is retained, in a secure manner.6Arrangements in relation to interception warrants which are made for the purposes of subsection (1)—ashall not be required to secure that the requirements of subsections (2) and (3) are satisfied in so far as they relate to any of the intercepted material or related communications data, or any copy of any such material or data, possession of which has been surrendered to any authorities of a country or territory outside the United Kingdom; butbshall be required to secure, in the case of every such warrant, that possession of the intercepted material and data and of copies of the material or data is surrendered to authorities of a country or territory outside the United Kingdom only if the requirements of subsection (7) are satisfied.7The requirements of this subsection are satisfied in the case of a warrant if it appears to the Secretary of State—athat requirements corresponding to those of subsections (2) and (3) will apply, to such extent (if any) as the Secretary of State thinks fit, in relation to any of the intercepted material or related communications data possession of which, or of any copy of which, is surrendered to the authorities in question; andbthat restrictions are in force which would prevent, to such extent (if any) as the Secretary of State thinks fit, the doing of anything in, for the purposes of or in connection with any proceedings outside the United Kingdom which would result in such a disclosure as, by virtue of section 17, could not be made in the United Kingdom.8In this section “copy”, in relation to intercepted material or related communications data, means any of the following (whether or not in documentary form)—aany copy, extract or summary of the material or data which identifies itself as the product of an interception, andbany record referring to an interception which is a record of the identities of the persons to or by whom the intercepted material was sent, or to whom the communications data relates,and “copied” shall be construed accordingly. Extra safeguards in the case of certificated warrants.161For the purposes of section 15 the requirements of this section, in the case of a warrant in relation to which there is a section 8(4) certificate, are that the intercepted material is read, looked at or listened to by the persons to whom it becomes available by virtue of the warrant to the extent only that it—ahas been certified as material the examination of which is necessary as mentioned in section 5(3)(a), (b) or (c); andbfalls within subsection (2).2Subject to subsections (3) and (4), intercepted material falls within this subsection so far only as it is selected to be read, looked at or listened to otherwise than according to a factor which—ais referable to an individual who is known to be for the time being in the British Islands; andbhas as its purpose, or one of its purposes, the identification of material contained in communications sent by him, or intended for him.3Intercepted material falls within subsection (2), notwithstanding that it is selected by reference to any such factor as is mentioned in paragraph (a) and (b) of that subsection, if—ait is certified by the Secretary of State for the purposes of section 8(4) that the examination of material selected according to factors referable to the individual in question is necessary as mentioned in subsection 5(3)(a), (b) or (c); andbthe material relates only to communications sent during a period specified in the certificate that is no longer than the permitted maximum .3AIn subsection (3)(b) ‘the permitted maximum’ means—ain the case of material the examination of which is certified for the purposes of section 8(4) as necessary in the interests of national security, six months; andbin any other case, three months.4Intercepted material also falls within subsection (2), notwithstanding that it is selected by reference to any such factor as is mentioned in paragraph (a) and (b) of that subsection, if—athe person to whom the warrant is addressed believes, on reasonable grounds, that the circumstances are such that the material would fall within that subsection; orbthe conditions set out in subsection (5) below are satisfied in relation to the selection of the material.5Those conditions are satisfied in relation to the selection of intercepted material if—ait has appeared to the person to whom the warrant is addressed that there has been such a relevant change of circumstances as, but for subsection (4)(b), would prevent the intercepted material from falling within subsection (2);bsince it first so appeared, a written authorisation to read, look at or listen to the material has been given by a senior official; andcthe selection is made before the end of the permitted period .5AIn subsection (5)(c) ‘the permitted period’ means—ain the case of material the examination of which is certified for the purposes of section 8(4) as necessary in the interests of national security, the period ending with the end of the fifth working day after it first appeared as mentioned in subsection (5)(a) to the person to whom the warrant is addressed; andbin any other case, the period ending with the end of the first working day after it first so appeared to that person.6References in this section to its appearing that there has been a relevant change of circumstances are references to its appearing either—athat the individual in question has entered the British Islands; orbthat a belief by the person to whom the warrant is addressed in the individual’s presence outside the British Islands was in fact mistaken. Exclusion of matters from legal proceedings.171Subject to section 18, no evidence shall be adduced, question asked, assertion or disclosure made or other thing done in, for the purposes of or in connection with any legal proceedings or Inquiries Act proceedings which (in any manner)—adiscloses, in circumstances from which its origin in anything falling within subsection (2) may be inferred, any of the contents of an intercepted communication or any related communications data; orbtends (apart from any such disclosure) to suggest that anything falling within subsection (2) has or may have occurred or be going to occur.2The following fall within this subsection—aconduct by a person falling within subsection (3) that was or would be an offence under section 1(1) or (2) of this Act or under section 1 of the Interception of Communications Act 1985;ba breach by the Secretary of State of his duty under section 1(4) of this Act;cthe issue of an interception warrant or of a warrant under the Interception of Communications Act 1985;dthe making of an application by any person for an interception warrant, or for a warrant under that Act;ethe imposition of any requirement on any person to provide assistance with giving effect to an interception warrant.3The persons referred to in subsection (2)(a) are—aany person to whom a warrant under this Chapter may be addressed;bany person holding office under the Crown;cany member of the staff of the Serious Organised Crime Agency;caany member of the Scottish Crime and Drug Enforcement Agency;eany person employed by or for the purposes of a police force;fany person providing a postal service or employed for the purposes of any business of providing such a service; andgany person providing a public telecommunications service or employed for the purposes of any business of providing such a service.4 In this section—“Inquiries Act proceedings” means proceedings of an inquiry under the Inquiries Act 2005;“intercepted communications” means any communication intercepted in the course of its transmission by means of a postal service or telecommunication system. Exceptions to section 17.181Section 17(1) shall not apply in relation to—aany proceedings for a relevant offence;bany civil proceedings under section 11(8);cany proceedings before the Tribunal;dany proceedings on an appeal or review for which provision is made by an order under section 67(8);daany control order proceedings (within the meaning of the Prevention of Terrorism Act 2005) or any proceedings arising out of such proceedings;dbany financial restrictions proceedings as defined in section 65 of the Counter-Terrorism Act 2008, or any proceedings arising out of such proceedings;dcany proceedings—ion an appeal under section 26, or an application under section 27, of the Terrorist Asset-Freezing etc. Act 2010 (appeals and reviews by the court), oriion a claim arising from any matter to which such an appeal or application relates,or any proceedings arising out of such proceedings;eany proceedings before the Special Immigration Appeals Commission or any proceedings arising out of proceedings before that Commission; orfany proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission.2Subsection (1) shall not, by virtue of paragraphs (da) to (f) , authorise the disclosure of anything—zain the case of any proceedings falling within paragraph (da) to—ia person who, within the meaning of the Schedule to the Prevention of Terrorism Act 2005, is or was a relevant party to the control order proceedings; oriiany person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents a person falling within sub-paragraph (i);zbin the case of proceedings falling within paragraph (db) or (dc), to—ia person, other than the Treasury, who is or was a party to the proceedings, oriiany person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i);ain the case of any proceedings falling within paragraph (e), to—ithe appellant to the Special Immigration Appeals Commission; oriiany person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under section 6 of the Special Immigration Appeals Commission Act 1997) represents that appellant;orbin the case of proceedings falling within paragraph (f), to—ithe applicant to the Proscribed Organisations Appeal Commission;iithe organisation concerned (if different);iiiany person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct proceedings so falling on behalf of that organisation; orivany person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents that applicant or that organisation.3Section 17(1) shall not prohibit anything done in, for the purposes of, or in connection with, so much of any legal proceedings as relates to the fairness or unfairness of a dismissal on the grounds of any conduct constituting an offence under section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of the Interception of Communications Act 1985.4Section 17(1)(a) shall not prohibit the disclosure of any of the contents of a communication if the interception of that communication was lawful by virtue of section 1(5)(c), 3 or 4.5Where any disclosure is proposed to be or has been made on the grounds that it is authorised by subsection (4), section 17(1) shall not prohibit the doing of anything in, or for the purposes of, so much of any . . . proceedings as relates to the question whether that disclosure is or was so authorised.6Section 17(1)(b) shall not prohibit the doing of anything that discloses any conduct of a person for which he has been convicted of an offence under section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of the Interception of Communications Act 1985.7Nothing in section 17(1) shall prohibit any such disclosure of any information that continues to be available for disclosure as is confined to—aa disclosure to a person conducting a criminal prosecution for the purpose only of enabling that person to determine what is required of him by his duty to secure the fairness of the prosecution; . . . ba disclosure to a relevant judge in a case in which that judge has ordered the disclosure to be made to him alone; orca disclosure to the panel of an inquiry held under the Inquiries Act 2005 or to a person appointed as counsel to such an inquiry where, in the course of the inquiry, the panel has ordered the disclosure to be made to the panel alone or (as the case may be) to the panel and the person appointed as counsel to the inquiry; or8A relevant judge shall not order a disclosure under subsection (7)(b) except where he is satisfied that the exceptional circumstances of the case make the disclosure essential in the interests of justice.8AThe panel of an inquiry shall not order a disclosure under subsection (7)(c) except where it is satisfied that the exceptional circumstances of the case make the disclosure essential to enable the inquiry to fulfil its terms of reference.9Subject to subsection (10), where in any criminal proceedings—aa relevant judge does order a disclosure under subsection (7)(b), andbin consequence of that disclosure he is of the opinion that there are exceptional circumstances requiring him to do so,he may direct the person conducting the prosecution to make for the purposes of the proceedings any such admission of fact as that judge thinks essential in the interests of justice.10Nothing in any direction under subsection (9) shall authorise or require anything to be done in contravention of section 17(1).11In this section “a relevant judge” means—aany judge of the High Court or of the Crown Court or any Circuit judge;bany judge of the High Court of Justiciary or any sheriff;cin relation to proceedings before the Court Martial, the judge advocate for those proceedings; ordany person holding any such judicial office as entitles him to exercise the jurisdiction of a judge falling within paragraph (a) or (b).12In this section “relevant offence” means—aan offence under any provision of this Act;ban offence under section 1 of the Interception of Communications Act 1985;can offence under section 47 or 48 of the Wireless Telegraphy Act 2006 ;dan offence under . . . section 83 or 84 of the Postal Services Act 2000;ean offence under section 45 of the Telecommunications Act 1984;fan offence under section 4 of the Official Secrets Act 1989 relating to any such information, document or article as is mentioned in subsection (3)(a) of that section;gan offence under section 1 or 2 of the Official Secrets Act 1911 relating to any sketch, plan, model, article, note, document or information which incorporates or relates to the contents of any intercepted communication or any related communications data or tends to suggest as mentioned in section 17(1)(b) of this Act;hperjury committed in the course of any proceedings mentioned in subsection (1) or (3) of this section;iattempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs; andjcontempt of court committed in the course of, or in relation to, any proceedings mentioned in subsection (1) or (3) of this section.13In subsection (12) “intercepted communication” has the same meaning as in section 17. Offence for unauthorised disclosures.191Where an interception warrant has been issued or renewed, it shall be the duty of every person falling within subsection (2) to keep secret all the matters mentioned in subsection (3).2The persons falling within this subsection are—athe persons specified in section 6(2);bevery person holding office under the Crown;cevery member of the staff of the Serious Organised Crime Agency;caevery member of the Scottish Crime and Drug Enforcement Agency;eevery person employed by or for the purposes of a police force;fpersons providing postal services or employed for the purposes of any business of providing such a service;gpersons providing public telecommunications services or employed for the purposes of any business of providing such a service;hpersons having control of the whole or any part of a telecommunication system located wholly or partly in the United Kingdom.3Those matters are—athe existence and contents of the warrant and of any section 8(4) certificate in relation to the warrant;bthe details of the issue of the warrant and of any renewal or modification of the warrant or of any such certificate;cthe existence and contents of any requirement to provide assistance with giving effect to the warrant;dthe steps taken in pursuance of the warrant or of any such requirement; andeeverything in the intercepted material, together with any related communications data.4A person who makes a disclosure to another of anything that he is required to keep secret under this section shall be guilty of an offence and liable—aon conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;bon summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.5In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that he could not reasonably have been expected, after first becoming aware of the matter disclosed, to take steps to prevent the disclosure.6In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that—athe disclosure was made by or to a professional legal adviser in connection with the giving, by the adviser to any client of his, of advice about the effect of provisions of this Chapter; andbthe person to whom or, as the case may be, by whom it was made was the client or a representative of the client.7In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was made by a legal adviser—ain contemplation of, or in connection with, any legal proceedings; andbfor the purposes of those proceedings.8Neither subsection (6) nor subsection (7) applies in the case of a disclosure made with a view to furthering any criminal purpose.9In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was confined to a disclosure made to the Interception of Communications Commissioner or authorised—aby that Commissioner;bby the warrant or the person to whom the warrant is or was addressed;cby the terms of the requirement to provide assistance; ordby section 11(9). Interpretation of Chapter I Interpretation of Chapter I.20In this Chapter—“certified”, in relation to a section 8(4) certificate, means of a description certified by the certificate as a description of material the examination of which the Secretary of State considers necessary;“external communication” means a communication sent or received outside the British Islands;“intercepted material”, in relation to an interception warrant, means the contents of any communications intercepted by an interception to which the warrant relates;“the interception subject”, in relation to an interception warrant, means the person about whose communications information is sought by the interception to which the warrant relates;“international mutual assistance agreement” means an international agreement designated for the purposes of section 1(4);“related communications data”, in relation to a communication intercepted in the course of its transmission by means of a postal service or telecommunication system, means so much of any communications data (within the meaning of Chapter II of this Part) as—is obtained by, or in connection with, the interception; andrelates to the communication or to the sender or recipient, or intended recipient, of the communication;“section 8(4) certificate” means any certificate issued for the purposes of section 8(4).Chapter II Acquisition and disclosure of communications data Lawful acquisition and disclosure of communications data.211This Chapter applies to—aany conduct in relation to a postal service or telecommunication system for obtaining communications data, other than conduct consisting in the interception of communications in the course of their transmission by means of such a service or system; andbthe disclosure to any person of communications data.2Conduct to which this Chapter applies shall be lawful for all purposes if—ait is conduct in which any person is authorised or required to engage by an authorisation or notice granted or given under this Chapter; andbthe conduct is in accordance with, or in pursuance of, the authorisation or requirement.3A person shall not be subject to any civil liability in respect of any conduct of his which—ais incidental to any conduct that is lawful by virtue of subsection (2); andbis not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.4In this Chapter “communications data” means any of the following—aany traffic data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted;bany information which includes none of the contents of a communication (apart from any information falling within paragraph (a)) and is about the use made by any person—iof any postal service or telecommunications service; oriiin connection with the provision to or use by any person of any telecommunications service, of any part of a telecommunication system;cany information not falling within paragraph (a) or (b) that is held or obtained, in relation to persons to whom he provides the service, by a person providing a postal service or telecommunications service.5In this section “relevant enactment” means—aan enactment contained in this Act;bsection 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); orcan enactment contained in Part III of the Police Act 1997 (powers of the police and of officers of Revenue and Customs).6In this section “traffic data”, in relation to any communication, means—aany data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,bany data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,cany data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, anddany data identifying the data or other data as data comprised in or attached to a particular communication,but that expression includes data identifying a computer file or computer program access to which is obtained, or which is run, by means of the communication to the extent only that the file or program is identified by reference to the apparatus in which it is stored.7In this section—areferences, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; andbreferences to traffic data being attached to a communication include references to the data and the communication being logically associated with each other;and in this section “data”, in relation to a postal item, means anything written on the outside of the item. Obtaining and disclosing communications data.221This section applies where a person designated for the purposes of this Chapter believes that it is necessary on grounds falling within subsection (2) to obtain any communications data.2It is necessary on grounds falling within this subsection to obtain communications data if it is necessary—ain the interests of national security;bfor the purpose of preventing or detecting crime or of preventing disorder;cin the interests of the economic well-being of the United Kingdom;din the interests of public safety;efor the purpose of protecting public health;ffor the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department;gfor the purpose, in an emergency, of preventing death or injury or any damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health; orhfor any purpose (not falling within paragraphs (a) to (g)) which is specified for the purposes of this subsection by an order made by the Secretary of State.3Subject to subsection (5), the designated person may grant an authorisation for persons holding offices, ranks or positions with the same relevant public authority as the designated person to engage in any conduct to which this Chapter applies.3ASubsection (3B) applies if—aa person is the designated person by reference to an office, rank or position with a police force; andbthe chief officer of police of that force has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces.3BThe designated person may grant an authorisation for persons holding offices, ranks or positions with a collaborative force to engage in any conduct to which this Chapter applies.3CFor the purposes of subsection (3B) a police force is a collaborative force if—aits chief officer of police is a party to the agreement mentioned in subsection (3A)(b); andbthe persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be granted authorisations by the designated person.3DA reference in subsections (3A) to (3C) to a police force is to the following—aany police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);bthe metropolitan police force; andcthe City of London police force.3ESubsection (3F) applies if—aa person is the designated person by reference to an office, rank or position with a Scottish police force; andbthe chief constable of that force has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.3FThe designated person may grant an authorisation for persons holding offices, ranks or positions with a collaborative force to engage in any conduct to which this Chapter applies.3GFor the purposes of subsection (3F) a Scottish police force is a collaborative force if—aits chief constable is a party to the agreement mentioned in subsection (3E)(b); andbthe persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be granted authorisations by the designated person.3HA reference in subsections (3E) to (3G) to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.3ISubsections (3B) and (3F) are subject to subsection (5).4Subject to subsection (5), where it appears to the designated person that a postal or telecommunications operator is or may be in possession of, or be capable of obtaining, any communications data, the designated person may, by notice to the postal or telecommunications operator, require the operator—aif the operator is not already in possession of the data, to obtain the data; andbin any case, to disclose all of the data in his possession or subsequently obtained by him.5The designated person shall not grant an authorisation under subsection (3) , (3B) or (3F), or give a notice under subsection (4), unless he believes that obtaining the data in question by the conduct authorised or required by the authorisation or notice is proportionate to what is sought to be achieved by so obtaining the data.6It shall be the duty of the postal or telecommunications operator to comply with the requirements of any notice given to him under subsection (4).7A person who is under a duty by virtue of subsection (6) shall not be required to do anything in pursuance of that duty which it is not reasonably practicable for him to do.8The duty imposed by subsection (6) shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.9The Secretary of State shall not make an order under subsection (2)(h) unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Form and duration of authorisations and notices.231An authorisation under section 22(3) , (3B) or (3F)—amust be granted in writing or (if not in writing) in a manner that produces a record of its having been granted;bmust describe the conduct to which this Chapter applies that is authorised and the communications data in relation to which it is authorised;cmust specify the matters falling within section 22(2) by reference to which it is granted; anddmust specify the office, rank or position held by the person granting the authorisation.2A notice under section 22(4) requiring communications data to be disclosed or to be obtained and disclosed—amust be given in writing or (if not in writing) must be given in a manner that produces a record of its having been given;bmust describe the communications data to be obtained or disclosed under the notice;cmust specify the matters falling within section 22(2) by reference to which the notice is given;dmust specify the office, rank or position held by the person giving it; andemust specify the manner in which any disclosure required by the notice is to be made.3A notice under section 22(4) shall not require the disclosure of data to any person other than—athe person giving the notice; orbsuch other person as may be specified in or otherwise identified by, or in accordance with, the provisions of the notice;but the provisions of the notice shall not specify or otherwise identify a person for the purposes of paragraph (b) unless he holds an office, rank or position with the same relevant public authority as the person giving the notice (subject to subsections (3A) and (3D)).3AThe provisions of a notice under section 22(4) may specify or otherwise identify a person for the purposes of subsection (3)(b) above if—athe person giving the notice holds an office, rank or position with a police force (“notifying force”);bthe chief officer of police of the notifying force has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces; andcthe person specified in or otherwise identified in the notice holds an office, rank or position with a collaborative force.3BFor the purposes of subsection (3A) a police force is a collaborative force if—aits chief officer of police is a party to the agreement mentioned in subsection (3A)(b); andbthe persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be specified or otherwise identified in notices under section 22(4) given by a person holding an office, rank or position with the notifying force.3CA reference in subsections (3A) and (3B) to a police force is to the following—aany police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);bthe metropolitan police force; andcthe City of London police force.3DThe provisions of a notice under section 22(4) may also specify or otherwise identify a person for the purposes of subsection (3)(b) above if—athe person giving the notice holds an office, rank or position with a Scottish police force (“Scottish notifying force”);bthe chief constable of the Scottish notifying force has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces; andcthe person specified in or otherwise identified in the notice holds an office, rank or position with a collaborative force.3EFor the purposes of subsection (3D) a Scottish police force is a collaborative force if—aits chief constable is a party to the agreement mentioned in subsection (3D)(b); andbthe persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be specified or otherwise identified in notices under section 22(4) given by a person holding an office, rank or position with the Scottish notifying force.3FA reference in subsections (3D) and (3E) to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.4An authorisation under section 22(3) , (3B) or (3F) or notice under section 22(4)—ashall not authorise or require any data to be obtained after the end of the period of one month beginning with the date on which the authorisation is granted or the notice given; andbin the case of a notice, shall not authorise or require any disclosure after the end of that period of any data not in the possession of, or obtained by, the postal or telecommunications operator at a time during that period.5An authorisation under section 22(3) , (3B) or (3F) or notice under section 22(4) may be renewed at any time before the end of the period of one month applying (in accordance with subsection (4) or subsection (7)) to that authorisation or notice.6A renewal of an authorisation under section 22(3) , (3B) or (3F) or of a notice under section 22(4) shall be by the grant or giving, in accordance with this section, of a further authorisation or notice.7Subsection (4) shall have effect in relation to a renewed authorisation or renewal notice as if the period of one month mentioned in that subsection did not begin until the end of the period of one month applicable to the authorisation or notice that is current at the time of the renewal.8Where a person who has given a notice under subsection (4) of section 22 is satisfied—athat it is no longer necessary on grounds falling within subsection (2) of that section for the requirements of the notice to be complied with, orbthat the conduct required by the notice is no longer proportionate to what is sought to be achieved by obtaining communications data to which the notice relates,he shall cancel the notice.9The Secretary of State may by regulations provide for the person by whom any duty imposed by subsection (8) is to be performed in a case in which it would otherwise fall on a person who is no longer available to perform it; and regulations under this subsection may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations. Arrangements for payments.241It shall be the duty of the Secretary of State to ensure that such arrangements are in force as he thinks appropriate for requiring or authorising, in such cases as he thinks fit, the making to postal and telecommunications operators of appropriate contributions towards the costs incurred by them in complying with notices under section 22(4).2For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for payments to be made out of money provided by Parliament. Interpretation of Chapter II.251In this Chapter—“communications data” has the meaning given by section 21(4);“designated” shall be construed in accordance with subsection (2);“postal or telecommunications operator” means a person who provides a postal service or telecommunications service;“relevant public authority” means (subject to subsection (4)) any of the following—a police force;the Serious Organised Crime Agency;the Scottish Crime and Drug Enforcement Agency;Her Majesty's Revenue and Customs;any of the intelligence services;any such public authority not falling within paragraphs (a) to (f) as may be specified for the purposes of this subsection by an order made by the Secretary of State.2Subject to subsection (3), the persons designated for the purposes of this Chapter are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order made by the Secretary of State.3The Secretary of State may by order impose restrictions—aon the authorisations and notices under this Chapter that may be granted or given by any individual holding an office, rank or position with a specified public authority; andbon the circumstances in which, or the purposes for which, such authorisations may be granted or notices given by any such individual.3AReferences in this Chapter to an individual holding an office or position with the Serious Organised Crime Agency include references to any member of the staff of that Agency.4The Secretary of State may by order—aremove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter; andbmake such consequential amendments, repeals or revocations in this or any other enactment as appear to him to be necessary or expedient.5The Secretary of State shall not make an order under this section—athat adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter, orbthat by virtue of subsection (4)(b) amends or repeals any provision of an Act,unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Part II Surveillance and covert human intelligence sources Introductory Conduct to which Part II applies.261This Part applies to the following conduct—adirected surveillance;bintrusive surveillance; andcthe conduct and use of covert human intelligence sources.2Subject to subsection (6), surveillance is directed for the purposes of this Part if it is covert but not intrusive and is undertaken—afor the purposes of a specific investigation or a specific operation;bin such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); andcotherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.3Subject to subsections (4) to (6), surveillance is intrusive for the purposes of this Part if, and only if, it is covert surveillance that—ais carried out in relation to anything taking place on any residential premises or in any private vehicle; andbinvolves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.4For the purposes of this Part surveillance is not intrusive to the extent that—ait is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle; orbit is surveillance consisting in any such interception of a communication as falls within section 48(4).5For the purposes of this Part surveillance which—ais carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle, butbis carried out without that device being present on the premises or in the vehicle,is not intrusive unless the device is such that it consistently provides information of the same quality and detail as might be expected to be obtained from a device actually present on the premises or in the vehicle.6For the purposes of this Part surveillance which—ais carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of Part 4 of the Communications Act 2003) , andbis carried out from outside those premises exclusively for that purpose,is neither directed nor intrusive.7In this Part—areferences to the conduct of a covert human intelligence source are references to any conduct of such a source which falls within any of paragraphs (a) to (c) of subsection (8), or is incidental to anything falling within any of those paragraphs; andbreferences to the use of a covert human intelligence source are references to inducing, asking or assisting a person to engage in the conduct of such a source, or to obtain information by means of the conduct of such a source.8For the purposes of this Part a person is a covert human intelligence source if—ahe establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c);bhe covertly uses such a relationship to obtain information or to provide access to any information to another person; orche covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.9For the purposes of this section—asurveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that it is or may be taking place;ba purpose is covert, in relation to the establishment or maintenance of a personal or other relationship, if and only if the relationship is conducted in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the purpose; andca relationship is used covertly, and information obtained as mentioned in subsection (8)(c) is disclosed covertly, if and only if it is used or, as the case may be, disclosed in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the use or disclosure in question.10In this section “private information”, in relation to a person, includes any information relating to his private or family life.11References in this section, in relation to a vehicle, to the presence of a surveillance device in the vehicle include references to its being located on or under the vehicle and also include references to its being attached to it. Authorisation of surveillance and human intelligence sources Lawful surveillance etc.271Conduct to which this Part applies shall be lawful for all purposes if—aan authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; andbhis conduct is in accordance with the authorisation.2A person shall not be subject to any civil liability in respect of any conduct of his which—ais incidental to any conduct that is lawful by virtue of subsection (1); andbis not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.3The conduct that may be authorised under this Part includes conduct outside the United Kingdom.4In this section “relevant enactment” means—aan enactment contained in this Act;bsection 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); orcan enactment contained in Part III of the Police Act 1997 (powers of the police and of officers of Revenue and Customs). Authorisation of directed surveillance.281Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the carrying out of directed surveillance.2A person shall not grant an authorisation for the carrying out of directed surveillance unless he believes—athat the authorisation is necessary on grounds falling within subsection (3); andbthat the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.3An authorisation is necessary on grounds falling within this subsection if it is necessary—ain the interests of national security;bfor the purpose of preventing or detecting crime or of preventing disorder;cin the interests of the economic well-being of the United Kingdom;din the interests of public safety;efor the purpose of protecting public health;ffor the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; orgfor any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.4The conduct that is authorised by an authorisation for the carrying out of directed surveillance is any conduct that—aconsists in the carrying out of directed surveillance of any such description as is specified in the authorisation; andbis carried out in the circumstances described in the authorisation and for the purposes of the investigation or operation specified or described in the authorisation.5The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Authorisation of covert human intelligence sources.291Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the conduct or the use of a covert human intelligence source.2A person shall not grant an authorisation for the conduct or the use of a covert human intelligence source unless he believes—athat the authorisation is necessary on grounds falling within subsection (3);bthat the authorised conduct or use is proportionate to what is sought to be achieved by that conduct or use; andcthat arrangements exist for the source's case that satisfy—ithe requirements of subsection (4A), in the case of a source of a relevant collaborative unit;iithe requirements of subsection (4B), in the case of a source of a relevant Scottish collaborative unit;iiithe requirements of subsection (5), in the case of any other source;and that satisfy such other requirements as may be imposed by order made by the Secretary of State.2AFor the purposes of subsection (2)—aa relevant collaborative unit is a unit consisting of two or more police forces whose chief officers of police have made an agreement under section 23(1) of the Police Act 1996 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source; andba relevant Scottish collaborative unit is a unit consisting of two or more Scottish police forces whose chief constables have made an agreement under section 12(1) of the Police (Scotland) Act 1967 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source.3An authorisation is necessary on grounds falling within this subsection if it is necessary—ain the interests of national security;bfor the purpose of preventing or detecting crime or of preventing disorder;cin the interests of the economic well-being of the United Kingdom;din the interests of public safety;efor the purpose of protecting public health;ffor the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; orgfor any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.4The conduct that is authorised by an authorisation for the conduct or the use of a covert human intelligence source is any conduct that—ais comprised in any such activities involving conduct of a covert human intelligence source, or the use of a covert human intelligence source, as are specified or described in the authorisation;bconsists in conduct by or in relation to the person who is so specified or described as the person to whose actions as a covert human intelligence source the authorisation relates; andcis carried out for the purposes of, or in connection with, the investigation or operation so specified or described.4AFor the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—athat there will at all times be a qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare;bthat there will at all times be another qualifying person who will have general oversight of the use made of the source;cthat there will at all times be a qualifying person who will have responsibility for maintaining a record of the use made of the source;dthat the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; andethat records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.4BFor the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—athat there will at all times be a Scottish qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare;bthat there will at all times be another Scottish qualifying person who will have general oversight of the use made of the source;cthat there will at all times be a Scottish qualifying person who will have responsibility for maintaining a record of the use made of the source;dthat the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; andethat records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.5For the purposes of this Part there are arrangements for the source’s case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—athat there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have day-to-day responsibility for dealing with the source on behalf of that authority, and for the source’s security and welfare;bthat there will at all times be another person holding an office, rank or position with the relevant investigating authority who will have general oversight of the use made of the source;cthat there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have responsibility for maintaining a record of the use made of the source;dthat the records relating to the source that are maintained by the relevant investigating authority will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; andethat records maintained by the relevant investigating authority that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.6The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.7The Secretary of State may by order—aprohibit the authorisation under this section of any such conduct or uses of covert human intelligence sources as may be described in the order; andbimpose requirements, in addition to those provided for by subsection (2), that must be satisfied before an authorisation is granted under this section for any such conduct or uses of covert human intelligence sources as may be so described.7AFor the purposes of subsection (4A) a person is a qualifying person if—athe person holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (2A)(a); andbpersons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4A) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require).7BFor the purposes of subsection (4B), a person is a Scottish qualifying person if—athe person holds an office, rank or position with a Scottish police force whose chief constable is a party to the agreement mentioned in subsection (2A)(b); andbpersons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4B) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require).8In this section “relevant investigating authority”, in relation to an authorisation for the conduct or the use of an individual as a covert human intelligence source, means (subject to subsection (9)) the public authority for whose benefit the activities of that individual as such a source are to take place.9In the case of any authorisation for the conduct or the use of a covert human intelligence source whose activities are to be for the benefit of more than one public authority, the references in subsection (5) to the relevant investigating authority are references to one of them (whether or not the same one in the case of each reference).10For the purposes of this section—areferences to a police force are to the following—iany police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);iithe metropolitan police force; andiiithe City of London police force; andbreferences to a Scottish police force are to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967. Persons entitled to grant authorisations under ss. 28 and 29.301Subject to subsection (3), the persons designated for the purposes of sections 28 and 29 are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order under this section.2For the purposes of the grant of an authorisation that combines—aan authorisation under section 28 or 29, andban authorisation by the Secretary of State for the carrying out of intrusive surveillance,the Secretary of State himself shall be a person designated for the purposes of that section.3An order under this section may impose restrictions—aon the authorisations under sections 28 and 29 that may be granted by any individual holding an office, rank or position with a specified public authority; andbon the circumstances in which, or the purposes for which, such authorisations may be granted by any such individual.4A public authority is a relevant public authority for the purposes of this section—ain relation to section 28 if it is specified in Part I or II of Schedule 1; andbin relation to section 29 if it is specified in Part I of that Schedule.5An order under this section may amend Schedule 1 by—aadding a public authority to Part I or II of that Schedule;bremoving a public authority from that Schedule;cmoving a public authority from one Part of that Schedule to the other;dmaking any change consequential on any change in the name of a public authority specified in that Schedule.6Without prejudice to section 31, the power to make an order under this section shall be exercisable by the Secretary of State.7The Secretary of State shall not make an order under subsection (5) containing any provision for—aadding any public authority to Part I or II of that Schedule, orbmoving any public authority from Part II to Part I of that Schedule,unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Orders under s. 30 for Northern Ireland.311Subject to subsections (2) and (3), the power to make an order under section 30 for the purposes of the grant of authorisations for conduct in Northern Ireland shall be exercisable by the Office of the First Minister and deputy First Minister in Northern Ireland (concurrently with being exercisable by the Secretary of State).2The power of the Office of the First Minister and deputy First Minister to make an order under section 30 by virtue of subsection (1) or (3) of that section shall not be exercisable in relation to any public authority other than—athe Food Standards Agency;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .can authority added to Schedule 1 by an order made by that Office;dan authority added to that Schedule by an order made by the Secretary of State which it would (apart from that order) have been within the powers of that Office to add to that Schedule for the purposes mentioned in subsection (1) of this section.3The power of the Office of the First Minister and deputy First Minister to make an order under section 30—ashall not include power to make any provision dealing with an excepted matter;bshall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.4The power of the Office of the First Minister and deputy First Minister to make an order under section 30 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.5A statutory rule containing an order under section 30 which makes provision by virtue of subsection (5) of that section for—aadding any public authority to Part I or II of Schedule 1, orbmoving any public authority from Part II to Part I of that Schedule,shall be subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954).6A statutory rule containing an order under section 30 (other than one to which subsection (5) of this section applies) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).7An order under section 30 made by the Office of the First Minister and deputy First Minister may—amake different provision for different cases;bcontain such incidental, supplemental, consequential and transitional provision as that Office thinks fit.8The reference in subsection (2) to an addition to Schedule 1 being within the powers of the Office of the First Minister and deputy First Minister includes a reference to its being within the powers exercisable by that Office with the consent for the purposes of subsection (3)(b) of the Secretary of State.9In this section “excepted matter” and “reserved matter” have the same meanings as in the Northern Ireland Act 1998; and, in relation to those matters, section 98(2) of that Act (meaning of “deals with”) applies for the purposes of this section as it applies for the purposes of that Act. Authorisation of intrusive surveillance.321Subject to the following provisions of this Part, the Secretary of State and each of the senior authorising officers shall have power to grant authorisations for the carrying out of intrusive surveillance.2Neither the Secretary of State nor any senior authorising officer shall grant an authorisation for the carrying out of intrusive surveillance unless he believes—athat the authorisation is necessary on grounds falling within subsection (3); andbthat the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.3Subject to the following provisions of this section, an authorisation is necessary on grounds falling within this subsection if it is necessary—ain the interests of national security;bfor the purpose of preventing or detecting serious crime; orcin the interests of the economic well-being of the United Kingdom.3AIn the case of an authorisation granted by the chairman of the OFT, the authorisation is necessary on grounds falling within subsection (3) only if it is necessary for the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002 (cartel offence).4The 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 the information which it is thought necessary to obtain by the authorised conduct could reasonably be obtained by other means.5The conduct that is authorised by an authorisation for the carrying out of intrusive surveillance is any conduct that—aconsists in the carrying out of intrusive surveillance of any such description as is specified in the authorisation;bis carried out in relation to the residential premises specified or described in the authorisation or in relation to the private vehicle so specified or described; andcis carried out for the purposes of, or in connection with, the investigation or operation so specified or described.6For the purposes of this section the senior authorising officers are—athe chief constable of every police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);bthe Commissioner of Police of the Metropolis and every Assistant Commissioner of Police of the Metropolis;cthe Commissioner of Police for the City of London;dthe chief constable of every police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (police forces for areas in Scotland);ethe Chief Constable of the Royal Ulster Constabulary and the Deputy Chief Constable of the Royal Ulster Constabulary;fthe Chief Constable of the Ministry of Defence Police;gthe Provost Marshal of the Royal Navy Police ;hthe Provost Marshal of the Royal Military Police;ithe Provost Marshal of the Royal Air Force Police;jthe Chief Constable of the British Transport Police;kthe Director General of the Serious Organised Crime Agency and any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General;man officer of Revenue and Customs who is a senior official and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;nthe chairman of the OFT. Police and <Substitution ChangeId="d29p5556" CommentaryRef="c19928851">Revenue and Customs</Substitution> authorisationsRules for grant of authorisations.331A person who is a designated person for the purposes of section 28 or 29 by reference to his office, rank or position with a police force. . . shall not grant an authorisation under that section except on an application made by a member of the same force . . . (subject to subsections (1ZB) and (1ZE)).1ZASubsection (1ZB) applies if the chief officer of police of a police force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces.1ZBA person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.1ZCFor the purposes of subsection (1ZB) a police force is a collaborative force if—aits chief officer of police is a party to the agreement mentioned in subsection (1ZA); andbits members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the authorising force.1ZDSubsection (1ZE) applies if the chief constable of a Scottish police force (“the Scottish authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.1ZEA person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the Scottish authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.1ZFFor the purposes of subsection (1ZE) a Scottish police force is a collaborative force if—aits chief constable is a party to the agreement mentioned in subsection (1ZD); andbits members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the Scottish authorising force.1AA person who is a designated person for the purposes of section 28 or 29 by reference to his office or position with the Serious Organised Crime Agency shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency.1BA person who is a designated person for the purposes of section 28 or 29 by reference to his office, rank or position with the Scottish Crime and Drug Enforcement Agency shall not grant an authorisation under that section except on an application made by a police member of the Agency.2A person who is a designated person for the purposes of section 28 or 29 by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs.3Subject to subsections (3ZB) and (3ZE), A person who is a senior authorising officer by reference to a police force . . . shall not grant an authorisation for the carrying out of intrusive surveillance except—aon an application made by a member of the same force . . . ; andbin the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force . . . .3AThe Director General of the Serious Organised Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a member of the staff of the Agency.3ZASubsection (3ZB) applies if—athe chief officer of police of a police force (“the surveillance authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces; andban application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.3ZBA person who is a senior authorising officer by reference to the surveillance authorising force may—agrant the authorisation;bin a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—ithe area of operation of a collaborative force; andiispecified in relation to members of that force in the agreement mentioned in subsection (3ZA).3ZCFor the purposes of subsections (3ZA) and (3ZB) a police force is a collaborative force if—aits chief officer of police is a party to the agreement mentioned in subsection (3ZA); andbits members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the surveillance authorising force.3ZDSubsection (3ZE) applies if—athe chief constable of a Scottish police force (“the Scottish surveillance authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces; andban application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.3ZEA person who is a senior authorising officer by reference to the Scottish surveillance authorising force may—agrant the authorisation;bin a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—ithe area of operation of a collaborative force; andiispecified in relation to members of that force in the agreement mentioned in subsection (3ZD).3ZFFor the purposes of subsections (3ZD) and (3ZE) a Scottish police force is a collaborative force if—aits chief constable is a party to the agreement mentioned in subsection (3ZD); andbits members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the Scottish surveillance authorising force.4A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs.4AThe chairman of the OFT shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of the OFT.5A single authorisation may combine both—aan authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, a member of the staff of the Serious Organised Crime Agency or a member of the Scottish Crime and Drug Enforcement Agency , or who is an officer of Revenue and Customsor the chairman or an officer of the OFT; andban authorisation given by, or on the application of, that individual under Part III of the Police Act 1997;but the provisions of this Act or that Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.5AIn subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police force is to the following—aany police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);bthe metropolitan police force; andcthe City of London police force.5BIn subsections (1ZD) to (1ZF) and (3ZD) to (3ZF) a reference to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.6For the purposes of this section—athe area of operation of a police force maintained under section 2 of the Police Act 1996, of the metropolitan police force, of the City of London police force or of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 is the area for which that force is maintained;bthe area of operation of the Royal Ulster Constabulary is Northern Ireland;cresidential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the Ministry of Defence Police Act 1987, have the powers and privileges of a constable;dresidential premises are in the area of operation of the Royal Navy Police the Royal Military Police or the Royal Air Force Police if they are premises owned or occupied by, or used for residential purposes by, a person subject to service discipline ;ethe area of operation of the British Transport Police . . . is the United Kingdom;f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and references in this section to the United Kingdom or to any part or area of the United Kingdom include any adjacent waters within the seaward limits of the territorial waters of the United Kingdom.7In subsection (6) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006. Grant of authorisations in the senior officer’s absence.341This section applies in the case of an application for an authorisation for the carrying out of intrusive surveillance where—athe application is one made by a member of a police force, a member of the staff of the Serious Organised Crime Agency or by an officer of the OFT oran officer of Revenue and Customs; andbthe case is urgent.2If —ait is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by any person who is a senior authorising officer by reference to the force or Agency in question or, as the case may be, as chairman of the OFT orby virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs, andbit also not reasonably practicable, having regard to the urgency of the case, for the application to be considered by a person (if there is one) who is entitled, as a designated deputy of a senior authorising officer, to exercise the functions in relation to that application of such an officer,the application may be made to and considered by any person who is entitled under subsection (4) to act for any senior authorising officer who would have been entitled to consider the application.3A person who considers an application under subsection (1) shall have the same power to grant an authorisation as the person for whom he is entitled to act.4For the purposes of this section—aa person is entitled to act for the chief constable of a police force maintained under section 2 of the Police Act 1996 if he holds the rank of assistant chief constable in that force;ba person is entitled to act for the Commissioner of Police of the Metropolis, or for an Assistant Commissioner of Police of the Metropolis, if he holds the rank of commander in the metropolitan police force;ca person is entitled to act for the Commissioner of Police for the City of London if he holds the rank of commander in the City of London police force;da person is entitled to act for the chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 if he holds the rank of assistant chief constable in that force;ea person is entitled to act for the Chief Constable of the Royal Ulster Constabulary, or for the Deputy Chief Constable of the Royal Ulster Constabulary, if he holds the rank of assistant chief constable in the Royal Ulster Constabulary;fa person is entitled to act for the Chief Constable of the Ministry of Defence Police if he holds the rank of deputy or assistant chief constable in that force;ga person is entitled to act for the Provost Marshal of the Royal Navy Police if he holds the position of assistant Provost Marshal in that force ;ha person is entitled to act for the Provost Marshal of the Royal Military Police or the Provost Marshal of the Royal Air Force Police if he holds the position of deputy Provost Marshal in the police force in question;ia person is entitled to act for the Chief Constable of the British Transport Police if he holds the rank of deputy or assistant chief constable in that force;ja person is entitled to act for the Director General of the Serious Organised Crime Agency if he is a person designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case;la person is entitled to act for a person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs, if he is a senior official designated for the purposes of this paragraph by those Commissioners as a person entitled so to act in an urgent case.ma person is entitled to act for the chairman of the OFT if he is an officer of the OFT designated by it for the purposes of this paragraph as a person entitled so to act in an urgent case.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6In this section “designated deputy”—ain relation to the chief constable for a police force in England and Wales, means—ithe person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, oriia person holding the rank of assistant chief constable who is designated to act under section 12A(2) of that Act;aain relation to the chief constable for a police force in Scotland, means—ia person holding the rank of deputy chief constable and, where there is more than one person in the police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967, oriia person holding the rank of assistant chief constable who is designated to act under section 5A(2) of that Act;bin relation to the Commissioner of Police for the City of London, means a person authorised to act under section 25 of the City of London Police Act 1839;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of authorisations for intrusive surveillance.351Where a person grants or cancels a police, SOCA, Revenue and Customsor OFT authorisation for the carrying out of intrusive surveillance, he shall give notice that he has done so to an ordinary Surveillance Commissioner.2A notice given for the purposes of subsection (1)—amust be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;bmust be given in accordance with any such arrangements made for the purposes of this paragraph by the Chief Surveillance Commissioner as are for the time being in force; andcmust specify such matters as the Secretary of State may by order prescribe.3A notice under this section of the grant of an authorisation shall, as the case may be, either—astate that the approval of a Surveillance Commissioner is required by section 36 before the grant of the authorisation will take effect; orbstate that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.4Where a notice for the purposes of subsection (1) of the grant of an authorisation has been received by an ordinary Surveillance Commissioner, he shall, as soon as practicable—ascrutinise the authorisation; andbin a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.5Subject to subsection (6), the Secretary of State shall not make an order under subsection (2)(c) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.6Subsection (5) does not apply in the case of the order made on the first occasion on which the Secretary of State exercises his power to make an order under subsection (2)(c).7The order made on that occasion shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, it has been approved by a resolution of each House of Parliament.8For the purposes of subsection (7)—athe order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; andbin reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.9Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.10In this section references to a police, SOCA, Revenue and Customsor OFT authorisation are references to an authorisation granted by—aa person who is a senior authorising officer by reference to a police force or the Serious Organised Crime Agency ;ba person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs;. . . bathe chairman of the OFT; orca person who for the purposes of section 34 is entitled to act for a person falling within paragraph (a) or for a person falling within paragraph (b) or for a person falling within paragraph (ba).. Approval required for authorisations to take effect.361This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—aa member of a police force;ba member of the staff of the Serious Organised Crime Agency;dan officer of Revenue and Customs;ean officer of the OFT.2Subject to subsection (3), the authorisation shall not take effect until such time (if any) as—athe grant of the authorisation has been approved by an ordinary Surveillance Commissioner; andbwritten notice of the Commissioner’s decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation.3Where the person who grants the authorisation—abelieves that the case is one of urgency, andbgives notice in accordance with section 35(3)(b),subsection (2) shall not apply to the authorisation, and the authorisation shall have effect from the time of its grant.4Where subsection (2) applies to the authorisation—aa Surveillance Commissioner shall give his approval under this section to the authorisation if, and only if, he is satisfied that there are reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in the case of the authorisation; andba Surveillance Commissioner who makes a decision as to whether or not the authorisation should be approved shall, as soon as reasonably practicable after making that decision, give written notice of his decision to the person who granted the authorisation.5If an ordinary Surveillance Commissioner decides not to approve an authorisation to which subsection (2) applies, he shall make a report of his findings to the most senior relevant person.6In this section “the most senior relevant person” means—awhere the authorisation was granted by the senior authorising officer with any police force who is not someone’s deputy, that senior authorising officer;bwhere the authorisation was granted by the Director General of the Serious Organised Crime Agency, that Director General;cwhere the authorisation was granted by a senior authorising officer with a police force who is someone’s deputy, the senior authorising officer whose deputy granted the authorisation;dwhere the authorisation was granted by a person designated for the purposes of section 32(6)(k), or by a person entitled to act for the Director General of the Serious Organised Crime Agency by virtue of section 34(4)(j), that Director General;fwhere the authorisation was granted by a person entitled to act for a senior authorising officer under section 34(4)(a) to (i), the senior authorising officer in the force in question who is not someone’s deputy; andgwhere the authorisation was granted by an officer of Revenue and Customs, the officer of Revenue and Customs for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners for Her Majesty's Revenue and Customs;hwhere the authorisation was granted by the chairman of the OFT or a person entitled to act for him by virtue of section 34(4)(m), that chairman.7The references in subsection (6) to a person’s deputy are references to the following—ain relation to—ia chief constable of a police force maintained under section 2 of the Police Act 1996,iithe Commissioner of Police for the City of London, oriiia chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,to his designated deputy;bin relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; andcin relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;and in this subsection and that subsection “designated deputy” has the same meaning as in section 34.8Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means. Quashing of police and <Substitution ChangeId="d29p6653" CommentaryRef="c19935821">Revenue and Customs</Substitution> authorisations etc.371This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—aa member of a police force;ba member of the staff of the Serious Organised Crime Agency;dan officer of Revenue and Customs;ean officer of the OFT.2Where an ordinary Surveillance Commissioner is at any time satisfied that, at the time when the authorisation was granted or at any time when it was renewed, there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisation.3If an ordinary Surveillance Commissioner is satisfied at any time while the authorisation is in force that there are no longer any reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in relation to the authorisation, he may cancel the authorisation with effect from such time as appears to him to be the time from which those requirements ceased to be so satisfied.4Where, in the case of any authorisation of which notice has been given in accordance with section 35(3)(b), an ordinary Surveillance Commissioner is at any time satisfied that, at the time of the grant or renewal of the authorisation to which that notice related, there were no reasonable grounds for believing that the case was one of urgency, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisatio5Subject to subsection (7), where an ordinary Surveillance Commissioner quashes an authorisation under this section, he may order the destruction of any records relating wholly or partly to information obtained by the authorised conduct after the time from which his decision takes effect.6Subject to subsection (7), where—aan authorisation has ceased to have effect (otherwise than by virtue of subsection (2) or (4)), andban ordinary Surveillance Commissioner is satisfied that there was a time while the authorisation was in force when there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) continued to be satisfied in relation to the authorisation,he may order the destruction of any records relating, wholly or partly, to information obtained at such a time by the authorised conduct.7No order shall be made under this section for the destruction of any records required for pending criminal or civil proceedings.8Where an ordinary Surveillance Commissioner exercises a power conferred by this section, he shall, as soon as reasonably practicable, make a report of his exercise of that power, and of his reasons for doing so—ato the most senior relevant person (within the meaning of section 36); andbto the Chief Surveillance Commissioner.9Where an order for the destruction of records is made under this section, the order shall not become operative until such time (if any) as—athe period for appealing against the decision to make the order has expired; andbany appeal brought within that period has been dismissed by the Chief Surveillance Commissioner.10No notice shall be required to be given under section 35(1) in the case of a cancellation under subsection (3) of this section. Appeals against decisions by Surveillance Commissioners.381Any senior authorising officer may appeal to the Chief Surveillance Commissioner against any of the following—aany refusal of an ordinary Surveillance Commissioner to approve an authorisation for the carrying out of intrusive surveillance;bany decision of such a Commissioner to quash or cancel such an authorisation;cany decision of such a Commissioner to make an order under section 37 for the destruction of records.2In the case of an authorisation granted by the designated deputy of a senior authorising office or by a person who for the purposes of section 34 is entitled to act for a senior authorising officer, that designated deputy or person shall also be entitled to appeal under this section.3An appeal under this section must be brought within the period of seven days beginning with the day on which the refusal or decision appealed against is reported to the appellant.4Subject to subsection (5), the Chief Surveillance Commissioner, on an appeal under this section, shall allow the appeal if—ahe is satisfied that there were reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied in relation to the authorisation at the time in question; andbhe is not satisfied that the authorisation is one of which notice was given in accordance with section 35(3)(b) without there being any reasonable grounds for believing that the case was one of urgency.5If, on an appeal falling within subsection (1)(b), the Chief Surveillance Commissioner—ais satisfied that grounds exist which justify the quashing or cancellation under section 37 of the authorisation in question, butbconsiders that the authorisation should have been quashed or cancelled from a different time from that from which it was quashed or cancelled by the ordinary Surveillance Commissioner against whose decision the appeal is brought,he may modify that Commissioner’s decision to quash or cancel the authorisation, and any related decision for the destruction of records, so as to give effect to the decision under section 37 that he considers should have been made.6Where, on an appeal under this section against a decision to quash or cancel an authorisation, the Chief Surveillance Commissioner allows the appeal he shall also quash any related order for the destruction of records relating to information obtained by the authorised conduct.7In this section “designated deputy” has the same meaning as in section 34. Appeals to the Chief Surveillance Commissioner: supplementary.391Where the Chief Surveillance Commissioner has determined an appeal under section 38, he shall give notice of his determination to both—athe person by whom the appeal was brought; andbthe ordinary Surveillance Commissioner whose decision was appealed against.2Where the determination of the Chief Surveillance Commissioner on an appeal under section 38 is a determination to dismiss the appeal, the Chief Surveillance Commissioner shall make a report of his findings—ato the persons mentioned in subsection (1); andbto the Prime Minister.3Subsections (3) and (4) of section 107 of the Police Act 1997 (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under subsection (2) of that section.4Subject to subsection (2) of this section, the Chief Surveillance Commissioner shall not give any reasons for any determination of his on an appeal under section 38. Information to be provided to Surveillance Commissioners.40It shall be the duty of—aevery member of a police force,bevery member of the staff of the Serious Organised Crime Agency,devery officer of Revenue and Customs,eevery officer of the OFT,to comply with any request of a Surveillance Commissioner for documents or information required by that Commissioner for the purpose of enabling him to carry out the functions of such a Commissioner under sections 35 to 39. Other authorisations Secretary of State authorisations.411The Secretary of State shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by—aa member of any of the intelligence services;ban official of the Ministry of Defence;ca member of Her Majesty’s forces;dan individual holding an office, rank or position with any such public authority as may be designated for the purposes of this section as an authority whose activities may require the carrying out of intrusive surveillance.2Section 32 shall have effect in relation to the grant of an authorisation by the Secretary of State on the application of an official of the Ministry of Defence, or of a member of Her Majesty’s forces, as if the only matters mentioned in subsection (3) of that section were—athe interests of national security; andbthe purpose of preventing or detecting serious crime.3The designation of any public authority for the purposes of this section shall be by order made by the Secretary of State.4The Secretary of State may by order provide, in relation to any public authority, that 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 that authority only where his office, rank or position is one prescribed by the order.5The Secretary of State may by order impose restrictions—aon the authorisations for the carrying out of intrusive surveillance that may be granted on the application of an individual holding an office, rank or position with any public authority designated for the purposes of this section; andbon the circumstances in which, or the purposes for which, such authorisations may be granted on such an application.6The Secretary of State shall not make a designation under subsection (3) unless a draft of the order containing the designation has been laid before Parliament and approved by a resolution of each House.7References in this section to a member of Her Majesty’s forces do not include references to any member of Her Majesty’s forces who is a member of a police force by virtue of his service with the Royal Navy Police , the Royal Military Police or the Royal Air Force Police. Intelligence services authorisations.421The grant by the Secretary of State or, the Scottish Ministers (by virtue of provision under section 63 of the Scotland Act 1998) on the application of a member of one of the intelligence services of any authorisation under this Part must be made by the issue of a warrant.2A single warrant issued by the Secretary of State or, the Scottish Ministers (by virtue of provision under s. 63 of the Scotland Act 1998)may combine both—aan authorisation under this Part; andban intelligence services warrant;but the provisions of this Act or the Intelligence Services Act 1994 that are applicable in the case of the authorisation under this Part or the intelligence services warrant shall apply separately in relation to the part of the combined warrant to which they are applicable.3Intrusive surveillance in relation to any premises or vehicle in the British Islands shall be capable of being authorised by a warrant issued under this Part on the application of a member of the Secret Intelligence Service or GCHQ only if the authorisation contained in the warrant is one satisfying the requirements of section 32(2)(a) otherwise than in connection with any functions of that intelligence service in support of the prevention or detection of serious crime.4Subject to subsection (5), the functions of the Security Service shall include acting on behalf of the Secret Intelligence Service or GCHQ in relation to—athe application for and grant of any authorisation under this Part in connection with any matter within the functions of the Secret Intelligence Service or GCHQ; andbthe carrying out, in connection with any such matter, of any conduct authorised by such an authorisation.5Nothing in subsection (4) shall authorise the doing of anything by one intelligence service on behalf of another unless—ait is something which either the other service or a member of the other service has power to do; andbit is done otherwise than in connection with functions of the other service in support of the prevention or detection of serious crime.6In this section “intelligence services warrant” means a warrant under section 5 of the Intelligence Services Act 1994. Grant, renewal and duration of authorisations General rules about grant, renewal and duration.431An authorisation under this Part—amay be granted or renewed orally in any urgent case in which the entitlement to act of the person granting or renewing it is not confined to urgent cases; andbin any other case, must be in writing.2A single authorisation may combine two or more different authorisations under this Part; but the provisions of this Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.3Subject to subsections (4) and (8), an authorisation under this Part shall cease to have effect at the end of the following period—ain the case of an authorisation which—ihas not been renewed and was granted either orally or by a person whose entitlement to act is confined to urgent cases, oriiwas last renewed either orally or by such a person,the period of seventy-two hours beginning with the time when the grant of the authorisation or, as the case may be, its latest renewal takes effect;bin a case not falling within paragraph (a) in which the authorisation is for the conduct or the use of a covert human intelligence source, the period of twelve months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect; andcin any case not falling within paragraph (a) or (b), the period of three months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect.4Subject to subsection (6), an authorisation under this Part may be renewed, at any time before the time at which it ceases to have effect, by any person who would be entitled to grant a new authorisation in the same terms.5Sections 28 to 41 shall have effect in relation to the renewal of an authorisation under this Part as if references to the grant of an authorisation included references to its renewal.6A person shall not renew an authorisation for the conduct or the use of a covert human intelligence source, unless he—ais satisfied that a review has been carried out of the matters mentioned in subsection (7); andbhas, for the purpose of deciding whether he should renew the authorisation, considered the results of that review.7The matters mentioned in subsection (6) are—athe use made of the source in the period since the grant or, as the case may be, latest renewal of the authorisation; andbthe tasks given to the source during that period and the information obtained from the conduct or the use of the source.8The Secretary of State may by order provide in relation to authorisations of such descriptions as may be specified in the order that subsection (3) is to have effect as if the period at the end of which an authorisation of a description so specified is to cease to have effect were such period shorter than that provided for by that subsection as may be fixed by or determined in accordance with that order.9References in this section to the time at which, or the day on which, the grant or renewal of an authorisation takes effect are references—ain the case of the grant of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation is granted;bin the case of the renewal of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation would have ceased to have effect but for the renewal; andcin the case of any grant or renewal that takes effect under subsection (2) of section 36 at a time or on a day later than that given by paragraph (a) or (b), to the time at which or, as the case may be, day on which the grant or renewal takes effect in accordance with that subsection.10In relation to any authorisation granted by a member of any of the intelligence services, and in relation to any authorisation contained in a warrant issued by the Secretary of State on the application of a member of any of the intelligence services, this section has effect subject to the provisions of section 44. Special rules for intelligence services authorisations.441Subject to subsection (2), a warrant containing an authorisation for the carrying out of intrusive surveillance—ashall not be issued on the application of a member of any of the intelligence services, andbif so issued shall not be renewed,except under the hand of the Secretary of State or, in the case of a warrant issued by the Scottish Ministers(by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive.2In an urgent case in which—aan application for a warrant containing an authorisation for the carrying out of intrusive surveillance has been made by a member of any of the intelligence services, andbthe Secretary of State has himself or the Scottish Ministers(by virtue of provision made under section 63 of the Scotland Act 1998) have themselves expressly authorised the issue of the warrant in that case,the warrant may be issued (but not renewed) under the hand of a senior official or as the case may be, a member of the staffof the Scottish Administration who is a member of the Senior Civil Service and is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case (in this section referred to as “a designated official”)3Subject to subsection (6), a warrant containing an authorisation for the carrying out of intrusive surveillance which—awas issued, on the application of a member of any of the intelligence services, under the hand of a senior official or, as the case may be, a designated official andbhas not been renewed under the hand of the Secretary of State or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 3 of the Scotalnd Act 1998), a member of the Scottish Executive,shall cease to have effect at the end of the second working day following the day of the issue of the warrant, instead of at the time provided for by section 43(3).4Subject to subsections (3) and (6), where any warrant for the carrying out of intrusive surveillance which is issued or was last renewed on the application of a member of any of the intelligence services, the warrant (unless renewed or, as the case may be, renewed again) shall cease to have effect at the following time, instead of at the time provided for by section 43(3), namely—ain the case of a warrant that has not been renewed, at the end of the period of six months beginning with the day on which it was issued; andbin any other case, at the end of the period of six months beginning with the day on which it would have ceased to have effect if not renewed again.5Subject to subsection (6), where—aan authorisation for the carrying out of directed surveillance is granted by a member of any of the intelligence services, andbthe authorisation is renewed by an instrument endorsed under the hand of the person renewing the authorisation with a statement that the renewal is believed to be necessary on grounds falling within section 32(3)(a) or (c),the authorisation (unless renewed again) shall cease to have effect at the end of the period of six months beginning with the day on which it would have ceased to have effect but for the renewal, instead of at the time provided for by section 43(3).6The Secretary of State may by order provide in relation to authorisations of such descriptions as may be specified in the order that subsection (3), (4) or (5) is to have effect as if the period at the end of which an authorisation of a description so specified is to cease to have effect were such period shorter than that provided for by that subsection as may be fixed by or determined in accordance with that order.7Notwithstanding anything in section 43(2), in a case in which there is a combined warrant containing both—aan authorisation for the carrying out of intrusive surveillance, andban authorisation for the carrying out of directed surveillance,the reference in subsection (4) of this section to a warrant for the carrying out of intrusive surveillance is a reference to the warrant so far as it confers both authorisations. Cancellation of authorisations.451The person who granted or, as the case may be, last renewed an authorisation under this Part shall cancel it if—ahe is satisfied that the authorisation is one in relation to which the requirements of section 28(2)(a) and (b), 29(2)(a) and (b) or, as the case may be, 32(2)(a) and (b) are no longer satisfied; orbin the case of an authorisation under section 29, he is satisfied that arrangements for the source’s case that satisfy the requirements mentioned in subsection (2)(c) of that section no longer exist.2Where an authorisation under this Part was granted or, as the case may be, last renewed—aby a person entitled to act for any other person, orbby the deputy of any other person,that other person shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).3Where an authorisation under this Part was granted or, as the case may be, last renewed by a person whose deputy had power to grant it, that deputy shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).4The Secretary of State may by regulations provide for the person by whom any duty imposed by this section is to be performed in a case in which it would otherwise fall on a person who is no longer available to perform it.5Regulations under subsection (4) may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations.6The references in this section to a person’s deputy are references to the following—a in relation to—ia chief constable of a police force maintained under section 2 of the Police Act 1996,iithe Commissioner of Police for the City of London, oriiia chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,to his designated deputy;bin relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis;. . . cin relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary; andcain relation to the Director General of the Scottish Crime and Drug Enforcement Agency, to the Deputy Director General of that Agency;d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7In this section “designated deputy” has the same meaning as in section 34. Scotland Restrictions on authorisations extending to Scotland.461No person shall grant or renew an authorisation under this Part for the carrying out of any conduct if it appears to him—athat the authorisation is not one for which this Part is the relevant statutory provision for all parts of the United Kingdom; andbthat all the conduct authorised by the grant or, as the case may be, renewal of the authorisation is likely to take place in Scotland.2 In relation to any authorisation, this Part is the relevant statutory provision for all parts of the United Kingdom in so far as it—a is granted or renewed on the grounds that it is necessary in the interests of national security or in the interests of the economic well-being of the United Kingdom;bis granted or renewed by or on the application of a person holding any office, rank or position with any of the public authorities specified in subsection (3);cauthorises conduct of a person holding an office, rank or position with any of the public authorities so specified;dauthorises conduct of an individual acting as a covert human intelligence source for the benefit of any of the public authorities so specified; oreauthorises conduct that is surveillance by virtue of section 48(4).3The public authorities mentioned in subsection (2) are—aeach of the intelligence services;bHer Majesty’s forces;cthe Ministry of Defence;dthe Ministry of Defence Police;dzathe Civil Nuclear Constabulary;dathe OFT;dbthe Serious Organised Crime Agency;ethe Commissioners for Her Majesty's Revenue and Customs;fthe British Transport Police.4For the purposes of so much of this Part as has effect in relation to any other public authority by virtue of—athe fact that it is a public authority for the time being specified in Schedule 1, orban order under subsection (1)(d) of section 41 designating that authority for the purposes of that section,the authorities specified in subsection (3) of this section shall be treated as including that authority to the extent that the Secretary of State by order directs that the authority is a relevant public authority or, as the case may be, is a designated authority for all parts of the United Kingdom. Supplemental provision for Part II Power to extend or modify authorisation provisions.471The Secretary of State may by order do one or both of the following—aapply this Part, with such modifications as he thinks fit, to any such surveillance that is neither directed nor intrusive as may be described in the order;bprovide for any description of directed surveillance to be treated for the purposes of this Part as intrusive surveillance.2No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House. Interpretation of Part II.481In this Part—“covert human intelligence source” shall be construed in accordance with section 26(8);“directed” and “intrusive”, in relation to surveillance, shall be construed in accordance with section 26(2) to (6);“OFT” means the Office of Fair Trading;“private vehicle” means (subject to subsection (7)(a)) any vehicle which is used primarily for the private purposes of the person who owns it or of a person otherwise having the right to use it;“residential premises” means (subject to subsection (7)(b)) so much of any premises as is for the time being occupied or used by any person, however temporarily, for residential purposes or otherwise as living accommodation (including hotel or prison accommodation that is so occupied or used);“senior authorising officer” means a person who by virtue of subsection (6) of section 32 is a senior authorising officer for the purposes of that section;“surveillance” shall be construed in accordance with subsections (2) to (4);“surveillance device” means any apparatus designed or adapted for use in surveillance.2Subject to subsection (3), in this Part “surveillance” includes—amonitoring, observing or listening to persons, their movements, their conversations or their other activities or communications;brecording anything monitored, observed or listened to in the course of surveillance; andcsurveillance by or with the assistance of a surveillance device.3References in this Part to surveillance do not include references to—aany conduct of a covert human intelligence source for obtaining or recording (whether or not using a surveillance device) any information which is disclosed in the presence of the source;bthe use of a covert human intelligence source for so obtaining or recording information; orcany such entry on or interference with property or with wireless telegraphy as would be unlawful unless authorised under—isection 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); oriiPart III of the Police Act 1997 (powers of the police and of officers of Revenue and Customs).4References in this Part to surveillance include references to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system if, and only if—athe communication is one sent by or intended for a person who has consented to the interception of communications sent by or to him; andbthere is no interception warrant authorising the interception.5References in this Part to an individual holding an office or position with a public authority include references to any member, official or employee of that authority.6For the purposes of this Part the activities of a covert human intelligence source which are to be taken as activities for the benefit of a particular public authority include any conduct of his as such a source which is in response to inducements or requests made by or on behalf of that authority.7In subsection (1)—athe reference to a person having the right to use a vehicle does not, in relation to a motor vehicle, include a reference to a person whose right to use the vehicle derives only from his having paid, or undertaken to pay, for the use of the vehicle and its driver for a particular journey; andbthe reference to premises occupied or used by any person for residential purposes or otherwise as living accommodation does not include a reference to so much of any premises as constitutes any common area to which he has or is allowed access in connection with his use or occupation of any accommodation.8In this section—“premises” includes any vehicle or moveable structure and any other place whatever, whether or not occupied as land;“vehicle” includes any vessel, aircraft or hovercraft.Part III Investigation of electronic data protected by encryption etc. Power to require disclosure Notices requiring disclosure.491This section applies where any protected information—ahas come into the possession of any person by means of the exercise of a statutory power to seize, detain, inspect, search or otherwise to interfere with documents or other property, or is likely to do so;bhas come into the possession of any person by means of the exercise of any statutory power to intercept communications, or is likely to do so;chas come into the possession of any person by means of the exercise of any power conferred by an authorisation under section 22(3) “, (3B) or (3F)” or under Part II, or as a result of the giving of a notice under section 22(4), or is likely to do so;dhas come into the possession of any person as a result of having been provided or disclosed in pursuance of any statutory duty (whether or not one arising as a result of a request for information), or is likely to do so; orehas, by any other lawful means not involving the exercise of statutory powers, come into the possession of any of the intelligence services, the police , SOCA, SCDEA or Her Majesty's Revenue and Customs , or is likely so to come into the possession of any of those services, the police , SOCA, SCDEA or Her Majesty's Revenue and Customs .2If any person with the appropriate permission under Schedule 2 believes, on reasonable grounds—athat a key to the protected information is in the possession of any person,bthat the imposition of a disclosure requirement in respect of the protected information is—inecessary on grounds falling within subsection (3), oriinecessary for the purpose of securing the effective exercise or proper performance by any public authority of any statutory power or statutory duty,cthat the imposition of such a requirement is proportionate to what is sought to be achieved by its imposition, anddthat it is not reasonably practicable for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without the giving of a notice under this section,the person with that permission may, by notice to the person whom he believes to have possession of the key, impose a disclosure requirement in respect of the protected information.3A disclosure requirement in respect of any protected information is necessary on grounds falling within this subsection if it is necessary—ain the interests of national security;bfor the purpose of preventing or detecting crime; orcin the interests of the economic well-being of the United Kingdom.4A notice under this section imposing a disclosure requirement in respect of any protected information—amust be given in writing or (if not in writing) must be given in a manner that produces a record of its having been given;bmust describe the protected information to which the notice relates;cmust specify the matters falling within subsection (2)(b)(i) or (ii) by reference to which the notice is given;dmust specify the office, rank or position held by the person giving it;emust specify the office, rank or position of the person who for the purposes of Schedule 2 granted permission for the giving of the notice or (if the person giving the notice was entitled to give it without another person’s permission) must set out the circumstances in which that entitlement arose;fmust specify the time by which the notice is to be complied with; andgmust set out the disclosure that is required by the notice and the form and manner in which it is to be made;and the time specified for the purposes of paragraph (f) must allow a period for compliance which is reasonable in all the circumstances.5Where it appears to a person with the appropriate permission—athat more than one person is in possession of the key to any protected information,bthat any of those persons is in possession of that key in his capacity as an officer or employee of any body corporate, andcthat another of those persons is the body corporate itself or another officer or employee of the body corporate,a notice under this section shall not be given, by reference to his possession of the key, to any officer or employee of the body corporate unless he is a senior officer of the body corporate or it appears to the person giving the notice that there is no senior officer of the body corporate and (in the case of an employee) no more senior employee of the body corporate to whom it is reasonably practicable to give the notice.6Where it appears to a person with the appropriate permission—(a)that more than one person is in possession of the key to any protected information,bthat any of those persons is in possession of that key in his capacity as an employee of a firm, andcthat another of those persons is the firm itself or a partner of the firm,a notice under this section shall not be given, by reference to his possession of the key, to any employee of the firm unless it appears to the person giving the notice that there is neither a partner of the firm nor a more senior employee of the firm to whom it is reasonably practicable to give the notice.7Subsections (5) and (6) shall not apply to the extent that there are special circumstances of the case that mean that the purposes for which the notice is given would be defeated, in whole or in part, if the notice were given to the person to whom it would otherwise be required to be given by those subsections.8A notice under this section shall not require the making of any disclosure to any person other than—athe person giving the notice; orbsuch other person as may be specified in or otherwise identified by, or in accordance with, the provisions of the notice.9A notice under this section shall not require the disclosure of any key which—ais intended to be used for the purpose only of generating electronic signatures; andbhas not in fact been used for any other purpose.10In this section “senior officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate; and for this purpose “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.11Schedule 2 (definition of the appropriate permission) shall have effect. Effect of notice imposing disclosure requirement.501Subject to the following provisions of this section, the effect of a section 49 notice imposing a disclosure requirement in respect of any protected information on a person who is in possession at a relevant time of both the protected information and a means of obtaining access to the information and of disclosing it in an intelligible form is that he—ashall be entitled to use any key in his possession to obtain access to the information or to put it into an intelligible form; andbshall be required, in accordance with the notice imposing the requirement, to make a disclosure of the information in an intelligible form.2A person subject to a requirement under subsection (1)(b) to make a disclosure of any information in an intelligible form shall be taken to have complied with that requirement if—a he makes, instead, a disclosure of any key to the protected information that is in his possession; andbthat disclosure is made, in accordance with the notice imposing the requirement, to the person to whom, and by the time by which, he was required to provide the information in that form.3Where, in a case in which a disclosure requirement in respect of any protected information is imposed on any person by a section 49 notice—athat person is not in possession of the information,bthat person is incapable, without the use of a key that is not in his possession, of obtaining access to the information and of disclosing it in an intelligible form, orcthe notice states, in pursuance of a direction under section 51, that it can be complied with only by the disclosure of a key to the information,the effect of imposing that disclosure requirement on that person is that he shall be required, in accordance with the notice imposing the requirement, to make a disclosure of any key to the protected information that is in his possession at a relevant time.4Subsections (5) to (7) apply where a person (“the person given notice”)—ais entitled or obliged to disclose a key to protected information for the purpose of complying with any disclosure requirement imposed by a section 49 notice; andbis in possession of more than one key to that information.5It shall not be necessary, for the purpose of complying with the requirement, for the person given notice to make a disclosure of any keys in addition to those the disclosure of which is, alone, sufficient to enable the person to whom they are disclosed to obtain access to the information and to put it into an intelligible form.6Where—asubsection (5) allows the person given notice to comply with a requirement without disclosing all of the keys in his possession, andbthere are different keys, or combinations of keys, in the possession of that person the disclosure of which would, under that subsection, constitute compliance,the person given notice may select which of the keys, or combination of keys, to disclose for the purpose of complying with that requirement in accordance with that subsection.7Subject to subsections (5) and (6), the person given notice shall not be taken to have complied with the disclosure requirement by the disclosure of a key unless he has disclosed every key to the protected information that is in his possession at a relevant time.8Where, in a case in which a disclosure requirement in respect of any protected information is imposed on any person by a section 49 notice—athat person has been in possession of the key to that information but is no longer in possession of it,bif he had continued to have the key in his possession, he would have been required by virtue of the giving of the notice to disclose it, andche is in possession, at a relevant time, of information to which subsection (9) applies,the effect of imposing that disclosure requirement on that person is that he shall be required, in accordance with the notice imposing the requirement, to disclose all such information to which subsection (9) applies as is in his possession and as he may be required, in accordance with that notice, to disclose by the person to whom he would have been required to disclose the key.9This subsection applies to any information that would facilitate the obtaining or discovery of the key or the putting of the protected information into an intelligible form.10In this section “relevant time”, in relation to a disclosure requirement imposed by a section 49 notice, means the time of the giving of the notice or any subsequent time before the time by which the requirement falls to be complied with. Cases in which key required.511A section 49 notice imposing a disclosure requirement in respect of any protected information shall not contain a statement for the purposes of section 50(3)(c) unless—athe person who for the purposes of Schedule 2 granted the permission for the giving of the notice in relation to that information, orbany person whose permission for the giving of a such a notice in relation to that information would constitute the appropriate permission under that Schedule,has given a direction that the requirement can be complied with only by the disclosure of the key itself.2A direction for the purposes of subsection (1) by the police, SOCA, SCDEA,Her Majesty's Revenue and Customs or a member of Her Majesty’s forces shall not be given—ain the case of a direction by the police or by a member of Her Majesty’s forces who is a member of a police force, except by or with the permission of a chief officer of police;aain the case of a direction by SOCA, except by or with the permission of the Director General of the Serious Organised Crime Agency;abin the case of a direction by SCDEA, except by or with the permission of the Director General of the Scottish Crime and Drug Enforcement Agency;bin the case of a direction by Her Majesty's Revenue and Customs , except by or with the permission of the Commissioners for Her Majesty's Revenue and Customs ; orcin the case of a direction by a member of Her Majesty’s forces who is not a member of a police force, except by or with the permission of a person of or above the rank of brigadier or its equivalent.3A permission given for the purposes of subsection (2) by a chief officer of police, the Director General of the Serious Organised Crime Agency,the Director General of the Scottish Crime and Drug Enforcement Agency,the Commissioners for Her Majesty's Revenue and Customs or a person of or above any such rank as is mentioned in paragraph (c) of that subsection must be given expressly in relation to the direction in question.4A person shall not give a direction for the purposes of subsection (1) unless he believes—athat there are special circumstances of the case which mean that the purposes for which it was believed necessary to impose the requirement in question would be defeated, in whole or in part, if the direction were not given; andbthat the giving of the direction is proportionate to what is sought to be achieved by prohibiting any compliance with the requirement in question otherwise than by the disclosure of the key itself.5The matters to be taken into account in considering whether the requirement of subsection (4)(b) is satisfied in the case of any direction shall include—athe extent and nature of any protected information, in addition to the protected information in respect of which the disclosure requirement is imposed, to which the key is also a key; andbany adverse effect that the giving of the direction might have on a business carried on by the person on whom the disclosure requirement is imposed.6Where a direction for the purposes of subsection (1) is given by a chief officer of police, by the Director General of the Serious Organised Crime Agency,by the Director General of the Scottish Crime and Drug Enforcement Agency, by the Commissioners for Her Majesty's Revenue and Customs or by a member of Her Majesty’s forces, the person giving the direction shall give a notification that he has done so —ain a case where the direction is given—iby a member of Her Majesty’s forces who is not a member of a police force, andiiotherwise than in connection with activities of members of Her Majesty’s forces in Northern Ireland,to the Intelligences Services Commissioner; andbin any other case, to the Chief Surveillance Commissioner.7A notification under subsection (6)—a must be given not more than seven days after the day of the giving of the direction to which it relates; andbmay be given either in writing or by being transmitted to the Commissioner in question by electronic means. Contributions to costs Arrangements for payments for disclosure.521It shall be the duty of the Secretary of State to ensure that such arrangements are in force as he thinks appropriate for requiring or authorising, in such cases as he thinks fit, the making to persons to whom section 49 notices are given of appropriate contributions towards the costs incurred by them in complying with such notices.2For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for payments to be made out of money provided by Parliament. Offences Failure to comply with a notice.531A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.2In proceedings against any person for an offence under this section, if it is shown that that person was in possession of a key to any protected information at any time before the time of the giving of the section 49 notice, that person shall be taken for the purposes of those proceedings to have continued to be in possession of that key at all subsequent times, unless it is shown that the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it.3 For the purposes of this section a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if—asufficient evidence of that fact is adduced to raise an issue with respect to it; andbthe contrary is not proved beyond a reasonable doubt.4In proceedings against any person for an offence under this section it shall be a defence for that person to show—athat it was not reasonably practicable for him to make the disclosure required by virtue of the giving of the section 49 notice before the time by which he was required, in accordance with that notice, to make it; butbthat he did make that disclosure as soon after that time as it was reasonably practicable for him to do so.5A person guilty of an offence under this section shall be liable—aon conviction on indictment, to imprisonment for a term not exceeding the appropriate maximum term or to a fine, or to both;bon summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.5AIn subsection (5) ‘the appropriate maximum term’ means—ain a national security case or a child indecency case, five years; andbin any other case, two years.5BIn subsection (5A) ‘a national security case’ means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary in the interests of national security.6In subsection (5A) “a child indecency case” means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary for the purpose of preventing or detecting an offence under any of the provisions listed in subsection (7).7Those provisions are—asection 1 of the Protection of Children Act 1978 (showing or taking etc an indecent photograph of a child: England and Wales);bArticle 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for Northern Ireland);csection 52 or 52A of the Civic Government (Scotland) Act 1982 (showing or taking etc or possessing an indecent photograph of a child: Scotland);dsection 160 of the Criminal Justice Act 1988 (possessing an indecent photograph of a child: England and Wales);eArticle 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding offence for Northern Ireland). Tipping-off.541This section applies where a section 49 notice contains a provision requiring—athe person to whom the notice is given, andbevery other person who becomes aware of it or of its contents,to keep secret the giving of the notice, its contents and the things done in pursuance of it.2A requirement to keep anything secret shall not be included in a section 49 notice except where—ait is included with the consent of the person who for the purposes of Schedule 2 granted the permission for the giving of the notice; orbthe person who gives the notice is himself a person whose permission for the giving of such a notice in relation to the information in question would have constituted appropriate permission under that Schedule.3A section 49 notice shall not contain a requirement to keep anything secret except where the protected information to which it relates—ahas come into the possession of the police, SOCA,SCDEA,Her Majesty's Revenue and Customs or any of the intelligence services, orbis likely to come into the possession of the police, SOCA,SCDEA,Her Majesty's Revenue and Customs or any of the intelligence services,by means which it is reasonable, in order to maintain the effectiveness of any investigation or operation or of investigatory techniques generally, or in the interests of the safety or well-being of any person, to keep secret from a particular person.4A person who makes a disclosure to any other person of anything that he is required by a section 49 notice to keep secret shall be guilty of an offence and liable—aon conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;bon summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.5In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that—athe disclosure was effected entirely by the operation of software designed to indicate when a key to protected information has ceased to be secure; andbthat person could not reasonably have been expected to take steps, after being given the notice or (as the case may be) becoming aware of it or of its contents, to prevent the disclosure.6In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that—athe disclosure was made by or to a professional legal adviser in connection with the giving, by the adviser to any client of his, of advice about the effect of provisions of this Part; andbthe person to whom or, as the case may be, by whom it was made was the client or a representative of the client.7In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was made by a legal adviser—ain contemplation of, or in connection with, any legal proceedings; andbfor the purposes of those proceedings.8Neither subsection (6) nor subsection (7) applies in the case of a disclosure made with a view to furthering any criminal purpose.9In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was confined to a disclosure made to a relevant Commissioner or authorised—aby such a Commissioner;bby the terms of the notice;cby or on behalf of the person who gave the notice; ordby or on behalf of a person who—iis in lawful possession of the protected information to which the notice relates; andiicame into possession of that information as mentioned in section 49(1).10In proceedings for an offence under this section against a person other than the person to whom the notice was given, it shall be a defence for the person against whom the proceedings are brought to show that he neither knew nor had reasonable grounds for suspecting that the notice contained a requirement to keep secret what was disclosed.11In this section “relevant Commissioner” means the Interception of Communications Commissioner, the Intelligence Services Commissioner or any Surveillance Commissioner or Assistant Surveillance Commissioner. Safeguards General duties of specified authorities.551This section applies to—athe Secretary of State and every other Minister of the Crown in charge of a government department;bevery chief officer of police;bathe Director General of the Serious Organised Crime Agency;bbthe Director General of the Scottish Crime and Drug Enforcement Agency;cthe Commissioners for Her Majesty's Revenue and Customs;devery person whose officers or employees include persons with duties that involve the giving of section 49 notices.2It shall be the duty of each of the persons to whom this section applies to ensure that such arrangements are in force, in relation to persons under his control who by virtue of this Part obtain possession of keys to protected information, as he considers necessary for securing—athat a key disclosed in pursuance of a section 49 notice is used for obtaining access to, or putting into an intelligible form, only protected information in relation to which power to give such a notice was exercised or could have been exercised if the key had not already been disclosed;bthat the uses to which a key so disclosed is put are reasonable having regard both to the uses to which the person using the key is entitled to put any protected information to which it relates and to the other circumstances of the case;cthat, having regard to those matters, the use and any retention of the key are proportionate to what is sought to be achieved by its use or retention;dthat the requirements of subsection (3) are satisfied in relation to any key disclosed in pursuance of a section 49 notice;ethat, for the purpose of ensuring that those requirements are satisfied, any key so disclosed is stored, for so long as it is retained, in a secure manner;fthat all records of a key so disclosed (if not destroyed earlier) are destroyed as soon as the key is no longer needed for the purpose of enabling protected information to be put into an intelligible form.3The requirements of this subsection are satisfied in relation to any key disclosed in pursuance of a section 49 notice if—athe number of persons to whom the key is disclosed or otherwise made available, andbthe number of copies made of the key,are each limited to the minimum that is necessary for the purpose of enabling protected information to be put into an intelligible form.3BParagraph 6(2) of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) does not apply in relation to the duties of the Director General of the Scottish Crime and Drug Enforcement Agency under this section.3AParagraph 11 of Schedule 1 to the Serious Organised Crime and Police Act 2005 does not apply in relation to the duties of the Director General of the Serious Organised Crime Agency under this section.4Subject to subsection (5), where any relevant person incurs any loss or damage in consequence of—aany breach by a person to whom this section applies of the duty imposed on him by subsection (2), orbany contravention by any person whatever of arrangements made in pursuance of that subsection in relation to persons under the control of a person to whom this section applies,the breach or contravention shall be actionable against the person to whom this section applies at the suit or instance of the relevant person.5A person is a relevant person for the purposes of subsection (4) if he is—aa person who has made a disclosure in pursuance of a section 49 notice; orba person whose protected information or key has been disclosed in pursuance of such a notice;and loss or damage shall be taken into account for the purposes of that subsection to the extent only that it relates to the disclosure of particular protected information or a particular key which, in the case of a person falling with paragraph (b), must be his information or key.6For the purposes of subsection (5)—ainformation belongs to a person if he has any right that would be infringed by an unauthorised disclosure of the information; andba key belongs to a person if it is a key to information that belongs to him or he has any right that would be infringed by an unauthorised disclosure of the key.7In any proceedings brought by virtue of subsection (4), it shall be the duty of the court to have regard to any opinion with respect to the matters to which the proceedings relate that is or has been given by a relevant Commissioner.8In this section “relevant Commissioner” means the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Investigatory Powers Commissioner for Northern Ireland or any Surveillance Commissioner or Assistant Surveillance Commissioner. Interpretation of Part III Interpretation of Part III.561In this Part—“chief officer of police” means any of the following—the chief constable of a police force maintained under or by virtue of section 2 of the Police Act 1996 or section 1 of the Police (Scotland) Act 1967;the Commissioner of Police of the Metropolis;the Commissioner of Police for the City of London;the Chief Constable of the Royal Ulster Constabulary;the Chief Constable of the Ministry of Defence Police;the Provost Marshal of the Royal Navy Police ;the Provost Marshal of the Royal Military Police;the Provost Marshal of the Royal Air Force Police;the Chief Constable of the British Transport Police;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“electronic signature” means anything in electronic form which—is incorporated into, or otherwise logically associated with, any electronic communication or other electronic data;is generated by the signatory or other source of the communication or data; andis used for the purpose of facilitating, by means of a link between the signatory or other source and the communication or data, the establishment of the authenticity of the communication or data, the establishment of its integrity, or both;“key”, in relation to any electronic data, means any key, code, password, algorithm or other data the use of which (with or without other keys)—allows access to the electronic data, orfacilitates the putting of the data into an intelligible form;“the police” means—any constable (except a constable who is a member of the staff of the Serious Organised Crime Agency or a constable who is a member of the Scottish Crime and Drug Enforcement Agency) ;the Commissioner of Police of the Metropolis or any Assistant Commissioner of Police of the Metropolis; orthe Commissioner of Police for the City of London;“protected information” means any electronic data which, without the key to the data—cannot, or cannot readily, be accessed, orcannot, or cannot readily, be put into an intelligible form;“SCDEA” means the Scottish Crime and Drug Enforcement Agency;“section 49 notice” means a notice under section 49;“SOCA” means the Serious Organised Crime Agency or any member of the staff of the Serious Organised Crime Agency;“warrant” includes any authorisation, notice or other instrument (however described) conferring a power of the same description as may, in other cases, be conferred by a warrant.2References in this Part to a person’s having information (including a key to protected information) in his possession include references—ato its being in the possession of a person who is under his control so far as that information is concerned;bto his having an immediate right of access to it, or an immediate right to have it transmitted or otherwise supplied to him; andcto its being, or being contained in, anything which he or a person under his control is entitled, in exercise of any statutory power and without otherwise taking possession of it, to detain, inspect or search.3References in this Part to something’s being intelligible or being put into an intelligible form include references to its being in the condition in which it was before an encryption or similar process was applied to it or, as the case may be, to its being restored to that condition.4In this section—areferences to the authenticity of any communication or data are references to any one or more of the following—iwhether the communication or data comes from a particular person or other source;iiwhether it is accurately timed and dated;iiiwhether it is intended to have legal effect;andbreferences to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data. Part IV Scrutiny etc. of investigatory powers and of the functions of the intelligence services Commissioners Interception of Communications Commissioner.571The Prime Minister shall appoint a Commissioner to be known as the Interception of Communications Commissioner.2Subject to subsection (4), the Interception of Communications Commissioner shall keep under review—athe exercise and performance by the Secretary of State of the powers and duties conferred or imposed on him by or under sections 1 to 11;aathe exercise and performance by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) of the powers and duties conferred or imposed on them by or under sections 5, 9 and 10;bthe exercise and performance, by the persons on whom they are conferred or imposed, of the powers and duties conferred or imposed by or under Chapter II of Part I;cthe exercise and performance by the Secretary of State in relation to information obtained under Part I of the powers and duties conferred or imposed on him by or under Part III; anddthe adequacy of the arrangements by virtue of which—ithe duty which is imposed on the Secretary of State or, the Scottish Ministers (by virtue of provision under section 63 of the Scotland Act 1998),by section 15, andiiso far as applicable to information obtained under Part I, the duties imposed by section 55,are sought to be discharged.3The Interception of Communications Commissioner shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require—ain connection with the investigation of any matter by the Tribunal; orbotherwise for the purposes of the Tribunal’s consideration or determination of any matter.4It shall not be the function of the Interception of Communications Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.5A person shall not be appointed under this section as the Interception of Communications Commissioner unless he holds or has held a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council).6The Interception of Communications Commissioner shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of money provided by Parliament such allowances as the Treasury may determine.7The Secretary of State, after consultation with the Interception of Communications Commissioner, shall—amake such technical facilities available to the Commissioner, andbsubject to the approval of the Treasury as to numbers, provide the Commissioner with such staff,as are sufficient to secure that the Commissioner is able properly to carry out his functions.8On the coming into force of this section the Commissioner holding office as the Commissioner under section 8 of the Interception of Communications Act 1985 shall take and hold office as the Interception of Communications Commissioner as if appointed under this Act—afor the unexpired period of his term of office under that Act; andbotherwise, on the terms of his appointment under that Act. Co-operation with and reports by s. 57 Commissioner.581It shall be the duty of—aevery person holding office under the Crown,bevery member of the staff of the Serious Organised Crime Agency,baevery member of the Scottish Crime and Drug Enforcement Agency,devery person employed by or for the purposes of a police force,eevery person required for the purposes of section 11 to provide assistance with giving effect to an interception warrant,fevery person on whom an obligation to take any steps has been imposed under section 12,gevery person by or to whom an authorisation under section 22(3) , (3B) or (3F) has been granted,hevery person to whom a notice under section 22(4) has been given,ievery person to whom a notice under section 49 has been given in relation to any information obtained under Part I, andjevery person who is or has been employed for the purposes of any business of a person falling within paragraph (e), (f), (h) or (i),to disclose or provide to the Interception of Communications Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions under section 57.2If it at any time appears to the Interception of Communications Commissioner—athat there has been a contravention of the provisions of this Act in relation to any matter with which that Commissioner is concerned, andbthat the contravention has not been the subject of a report made to the Prime Minister by the Tribunal,he shall make a report to the Prime Minister with respect to that contravention.3If it at any time appears to the Interception of Communications Commissioner that any arrangements by reference to which the duties imposed by sections 15 and 55 have sought to be discharged have proved inadequate in relation to any matter with which the Commissioner is concerned, he shall make a report to the Prime Minister with respect to those arrangements.4As soon as practicable after the end of each calendar year, the Interception of Communications Commissioner shall make a report to the Prime Minister with respect to the carrying out of that Commissioner’s functions.5The Interception of Communications Commissioner may also, at any time, make any such other report to the Prime Minister on any matter relating to the carrying out of the Commissioner’s functions as the Commissioner thinks fit.5AThe Interception of Communications Commissioner may also, at any time, make any such other report to the First Minister on any matter relating to the carrying out of the Commissioner’s functions so far as they relate to the exercise by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) of their powers under sections 5, 9(1)(b) and (3), 10(1)(a) and (2) and 15(1) of this Act, as the Commissioner thinks fit.6The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Interception of Communications Commissioner under subsection (4), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (7).6AThe Prime Minister shall send a copy of every annual report made by the Interception of Communications Commissioner under subsection (4) which he lays in terms of subsection (6), together with a copy of the statement referred to in subsection (6), to the First Minister who shall forthwith lay that copy report and statement before the Scottish Parliament.7If it appears to the Prime Minister, after consultation with the Interception of Communications Commissioner and if it appears relevant to do so, with the First Minister, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to—anational security,bthe prevention or detection of serious crime,cthe economic well-being of the United Kingdom, ordthe continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament. Intelligence Services Commissioner.591The Prime Minister shall appoint a Commissioner to be known as the Intelligence Services Commissioner.2Subject to subsection (4), the Intelligence Services Commissioner shall keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner—athe exercise by the Secretary of State of his powers under sections 5 to 7of ,or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) of their powers under section s 5 and 6(3) and (4) ofthe Intelli gence Services Act 1994 (warrants for interference with wireless telegraphy, entry and interference with property etc.);bthe exercise and performance by the Secretary of State or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998),, in connection with or in relation to—ithe activities of the intelligence services, andiithe activities in places other than Northern Ireland of the officials of the Ministry of Defence and of members of Her Majesty’s forces,of the powers and duties conferred or imposed on him by Parts II and III of this Act or on them by Part II of this Act;cthe exercise and performance by members of the intelligence services of the powers and duties conferred or imposed on them by or under Parts II and III of this Act;dthe exercise and performance in places other than Northern Ireland, by officials of the Ministry of Defence and by members of Her Majesty’s forces, of the powers and duties conferred or imposed on such officials or members of Her Majesty’s forces by or under Parts II and III; andethe adequacy of the arrangements by virtue of which the duty imposed by section 55 is sought to be discharged—iin relation to the members of the intelligence services; andiiin connection with any of their activities in places other than Northern Ireland, in relation to officials of the Ministry of Defence and members of Her Majesty’s forces.2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The Intelligence Services Commissioner shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require—ain connection with the investigation of any matter by the Tribunal; orbotherwise for the purposes of the Tribunal’s consideration or determination of any matter.4It shall not be the function of the Intelligence Services Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.5A person shall not be appointed under this section as the Intelligence Services Commissioner unless he holds or has held a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council).6The Intelligence Services Commissioner shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of money provided by Parliament such allowances as the Treasury may determine.7The Secretary of State shall, after consultation with the Intelligence Services Commissioner and subject to the approval of the Treasury as to numbers, provide him with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner’s functions.8Section 4 of the Security Service Act 1989 and section 8 of the Intelligence Services Act 1994 (Commissioners for the purposes of those Acts) shall cease to have effect.9On the coming into force of this section the Commissioner holding office as the Commissioner under section 8 of the Intelligence Services Act 1994 shall take and hold office as the Intelligence Services Commissioner as if appointed under this Act—afor the unexpired period of his term of office under that Act; andbotherwise, on the terms of his appointment under that Act.10Subsection (7) of section 41 shall apply for the purposes of this section as it applies for the purposes of that section. Co-operation with and reports by s. 59 Commissioner.601It shall be the duty of—aevery member of an intelligence service,bevery official of the department of the Secretary of State and every member of staff of the Scottish Administration (by virtue of provision under section 63 of the Scotland Act 1998), andcevery member of Her Majesty’s forces,to disclose or provide to the Intelligence Services Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions under section 59.2As soon as practicable after the end of each calendar year, the Intelligence Services Commissioner shall make a report to the Prime Minister with respect to the carrying out of that Commissioner’s functions.3The Intelligence Services Commissioner may also, at any time, make any such other report to the Prime Minister on any matter relating to the carrying out of the Commissioner’s functions as the Commissioner thinks fit.3AThe Intelligence Services Commissioner may also, at any time, make any such other report to the First Minister on any matter relating to the carrying out of the Commissioner’s functions so far as they relate to the exercise by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) of their powers under sections 5 and 6(3) and (4) of the Intelligence Services Act 1994 or under Parts I and II of this Act, as the Commissioner thinks fit.4The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Intelligence Services Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (5).4AThe Prime Minister shall send a copy of every annual report made by the Intelligence Services Commissioner under subsection (2) which he lays in terms of subsection (4), together with a copy of the statement referred to in subsection (4), to the First Minister who shall forthwith lay that copy report and statement before the Scottish Parliament.5If it appears to the Prime Minister, after consultation with the Intelligence Services Commissioner and, if it appears relevant to do so, with the First Minister, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to—anational security,bthe prevention or detection of serious crime,cthe economic well-being of the United Kingdom, ordthe continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament.6Subsection (7) of section 41 shall apply for the purposes of this section as it applies for the purposes of that section. Investigatory Powers Commissioner for Northern Ireland.611The Prime Minister, after consultation with the First Minister and deputy First Minister in Northern Ireland, shall appoint a Commissioner to be known as the Investigatory Powers Commissioner for Northern Ireland.2The Investigatory Powers Commissioner for Northern Ireland shall keep under review the exercise and performance in Northern Ireland, by the persons on whom they are conferred or imposed, of any powers or duties under Part II which are conferred or imposed by virtue of an order under section 30 made by the Office of the First Minister and deputy First Minister in Northern Ireland.3The Investigatory Powers Commissioner for Northern Ireland shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require—ain connection with the investigation of any matter by the Tribunal; orbotherwise for the purposes of the Tribunal’s consideration or determination of any matter.4It shall be the duty of—aevery person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Investigatory Powers Commissioner for Northern Ireland,bevery person who has engaged in conduct with the authority of such an authorisation,cevery person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a), anddevery person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II) activities which are or may be subject to any such review have been or may be carried out,to disclose or provide to that Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.5As soon as practicable after the end of each calendar year, the Investigatory Powers Commissioner for Northern Ireland shall make a report to the First Minister and deputy First Minister in Northern Ireland with respect to the carrying out of that Commissioner’s functions.6The First Minister and deputy First Minister in Northern Ireland shall lay before the Northern Ireland Assembly a copy of every annual report made by the Investigatory Powers Commissioner for Northern Ireland under subsection (5), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (7).7If it appears to the First Minister and deputy First Minister in Northern Ireland, after consultation with the Investigatory Powers Commissioner for Northern Ireland, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to—athe prevention or detection of serious crime, orbthe continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,they may exclude that matter from the copy of the report as laid before the Northern Ireland Assembly.8A person shall not be appointed under this section as the Investigatory Powers Commissioner for Northern Ireland unless he holds or has held office in Northern Ireland—ain any capacity in which he is or was the holder of a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005); orbas a county court judge.9The Investigatory Powers Commissioner for Northern Ireland shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of the Consolidated Fund of Northern Ireland such allowances as the Department of Finance and Personnel may determine.10The First Minister and deputy First Minister in Northern Ireland shall, after consultation with the Investigatory Powers Commissioner for Northern Ireland, provide him with such staff as they consider necessary for the carrying out of his functions. Additional functions of Chief Surveillance Commissioner.621The Chief Surveillance Commissioner shall (in addition to his functions under the Police Act 1997) keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner, the Intelligence Services Commissioner or the Investigatory Powers Commissioner for Northern Ireland—athe exercise and performance, by the persons on whom they are conferred or imposed, of the powers and duties conferred or imposed by or under Part II;bthe exercise and performance, by any person other than a judicial authority, of the powers and duties conferred or imposed, otherwise than with the permission of such an authority, by or under Part III; andcthe adequacy of the arrangements by virtue of which the duties imposed by section 55 are sought to be discharged in relation to persons whose conduct is subject to review under paragraph (b).2It shall not by virtue of this section be the function of the Chief Surveillance Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.3In this section “judicial authority” means—aany judge of the High Court or of the Crown Court or any Circuit Judge;bany judge of the High Court of Justiciary or any sheriff;cany justice of the peace;dany county court judge or resident magistrate in Northern Ireland;eany person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace. Assistant Surveillance Commissioners.631The Prime Minister may, after consultation with the Chief Surveillance Commissioner as to numbers, appoint as Assistant Surveillance Commissioners such number of persons as the Prime Minister considers necessary (in addition to the ordinary Surveillance Commissioners) for the purpose of providing the Chief Surveillance Commissioner with assistance under this section.2A person shall not be appointed as an Assistant Surveillance Commissioner unless he holds or has held office as—aa judge of the Crown Court or a Circuit judge;ba sheriff in Scotland; orca county court judge in Northern Ireland.3The Chief Surveillance Commissioner may—arequire any ordinary Surveillance Commissioner or any Assistant Surveillance Commissioner to provide him with assistance in carrying out his functions under section 62(1); orbrequire any Assistant Surveillance Commissioner to provide him with assistance in carrying out his equivalent functions under any Act of the Scottish Parliament in relation to any provisions of such an Act that are equivalent to those of Part II of this Act.4The assistance that may be provided under this section includes—athe conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; andbthe making of a report to the Chief Surveillance Commissioner about the matter reviewed.5Subsections (3) to (8) of section 91 of the Police Act 1997 (Commissioners) apply in relation to a person appointed under this section as they apply in relation to a person appointed under that section. Delegation of Commissioners’ functions.641Anything authorised or required by or under any enactment or any provision of an Act of the Scottish Parliament to be done by a relevant Commissioner may be done by any member of the staff of that Commissioner who is authorised for the purpose (whether generally or specifically) by that Commissioner.2In this section “relevant Commissioner” means the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Investigatory Powers Commissioner for Northern Ireland or any Surveillance Commissioner or Assistant Surveillance Commissioner. The Tribunal The Tribunal.651There shall, for the purpose of exercising the jurisdiction conferred on them by this section, be a tribunal consisting of such number of members as Her Majesty may by Letters Patent appoint.2The jurisdiction of the Tribunal shall be—ato be the only appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings under subsection (1)(a) of that section (proceedings for actions incompatible with Convention rights) which fall within subsection (3) of this section;bto consider and determine any complaints made to them which, in accordance with subsection (4) . . . , are complaints for which the Tribunal is the appropriate forum;cto consider and determine any reference to them by any person that he has suffered detriment as a consequence of any prohibition or restriction, by virtue of section 17, on his relying in, or for the purposes of, any civil proceedings on any matter; anddto hear and determine any other such proceedings falling within subsection (3) as may be allocated to them in accordance with provision made by the Secretary of State by order.3Proceedings fall within this subsection if—athey are proceedings against any of the intelligence services;bthey are proceedings against any other person in respect of any conduct, proposed conduct, by or on behalf of any of those services;cthey are proceedings brought by virtue of section 55(4); orca. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dthey are proceedings relating to the taking place in any challengeable circumstances of any conduct falling within subsection (5).4The Tribunal is the appropriate forum for any complaint if it is a complaint by a person who is aggrieved by any conduct falling within subsection (5) which he believes—ato have taken place in relation to him, to any of his property, to any communications sent by or to him, or intended for him, or to his use of any postal service, telecommunications service or telecommunication system; andbto have taken place in challengeable circumstances or to have been carried out by or on behalf of any of the intelligence services.4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Subject to subsection (6), conduct falls within this subsection if (whenever it occurred) it is—aconduct by or on behalf of any of the intelligence services;bconduct for or in connection with the interception of communications in the course of their transmission by means of a postal service or telecommunication system;cconduct to which Chapter II of Part I applies;cathe carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);dother conduct to which Part II applies;ethe giving of a notice under section 49 or any disclosure or use of a key to protected information;fany entry on or interference with property or any interference with wireless telegraphy.6For the purposes only of subsection (3), nothing mentioned in paragraph (d) or (f) of subsection (5) shall be treated as falling within that subsection unless it is conduct by or on behalf of a person holding any office, rank or position with—aany of the intelligence services;bany of Her Majesty’s forces;cany police force;dthe Serious Organised Crime Agency; orda the Scottish Crime and Drug Enforcement Agency;fthe Commissioners for Her Majesty's Revenue and Customs;and section 48(5) applies for the purposes of this subsection as it applies for the purposes of Part II.7For the purposes of this section conduct takes place in challengeable circumstances if—ait takes place with the authority, or purported authority, of anything falling within subsection (8); orbthe circumstances are such that (whether or not there is such authority) it would not have been appropriate for the conduct to take place without it, or at least without proper consideration having been given to whether such authority should be sought;but conduct does not take place in challengeable circumstances to the extent that it is authorised by, or takes place with the permission of, a judicial authority.7AFor the purposes of this section conduct also takes place in challengeable circumstances if it takes place, or purports to take place, under section 76A.8The following fall within this subsection—aan interception warrant or a warrant under the Interception of Communications Act 1985;ban authorisation or notice under Chapter II of Part I of this Act;can authorisation under Part II of this Act or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by that Part;da permission for the purposes of Schedule 2 to this Act;ea notice under section 49 of this Act; orfan authorisation under section 93 of the Police Act 1997.9Schedule 3 (which makes further provision in relation to the Tribunal) shall have effect.10In this section—areferences to a key and to protected information shall be construed in accordance with section 56;breferences to the disclosure or use of a key to protected information taking place in relation to a person are references to such a disclosure or use taking place in a case in which that person has had possession of the key or of the protected information; andcreferences to the disclosure of a key to protected information include references to the making of any disclosure in an intelligible form (within the meaning of section 56) of protected information by a person who is or has been in possession of the key to that information;and the reference in paragraph (b) to a person’s having possession of a key or of protected information shall be construed in accordance with section 56.11In this section “judicial authority” means—aany judge of the High Court or of the Crown Court or any Circuit Judge;bany judge of the High Court of Justiciary or any sheriff;cany justice of the peace;dany county court judge or resident magistrate in Northern Ireland;eany person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace. Orders allocating proceedings to the Tribunal.661An order under section 65(2)(d) allocating proceedings to the Tribunal—amay provide for the Tribunal to exercise jurisdiction in relation to that matter to the exclusion of the jurisdiction of any court or tribunal; butbif it does so provide, must contain provision conferring a power on the Tribunal, in the circumstances provided for in the order, to remit the proceedings to the court or tribunal which would have had jurisdiction apart from the order.2In making any provision by an order under section 65(2)(d) the Secretary of State shall have regard, in particular, to—athe need to secure that proceedings allocated to the Tribunal are properly heard and considered; andbthe need to secure that information is not disclosed to an extent, or in a manner, that is contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services.3The Secretary of State shall not make an order under section 65(2)(d) unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Exercise of the Tribunal’s jurisdiction.671Subject to subsections (4) and (5), it shall be the duty of the Tribunal—ato hear and determine any proceedings brought before them by virtue of section 65(2)(a) or (d); andbto consider and determine any complaint or reference made to them by virtue of section 65(2)(b) or (c).2Where the Tribunal hear any proceedings by virtue of section 65(2)(a), they shall apply the same principles for making their determination in those proceedings as would be applied by a court on an application for judicial review.3Where the Tribunal consider a complaint made to them by virtue of section 65(2)(b), it shall be the duty of the Tribunal—ato investigate whether the persons against whom any allegations are made in the complaint have engaged in relation to—ithe complainant,iiany of his property,iiiany communications sent by or to him, or intended for him, orivhis use of any postal service, telecommunications service or telecommunication system,in any conduct falling within section 65(5);bto investigate the authority (if any) for any conduct falling within section 65(5) which they find has been so engaged in; andcin relation to the Tribunal’s findings from their investigations, to determine the complaint by applying the same principles as would be applied by a court on an application for judicial review.4The Tribunal shall not be under any duty to hear, consider or determine any proceedings, complaint or reference if it appears to them that the bringing of the proceedings or the making of the complaint or reference is frivolous or vexatious.5Except where the Tribunal, having regard to all the circumstances, are satisfied that it is equitable to do so, they shall not consider or determine any complaint made by virtue of section 65(2)(b) if it is made more than one year after the taking place of the conduct to which it relates.6Subject to any provision made by rules under section 69, where any proceedings have been brought before the Tribunal or any reference made to the Tribunal, they shall have power to make such interim orders, pending their final determination, as they think fit.7Subject to any provision made by rules under section 69, the Tribunal on determining any proceedings, complaint or reference shall have power to make any such award of compensation or other order as they think fit; and, without prejudice to the power to make rules under section 69(2)(h), the other orders that may be made by the Tribunal include—aan order quashing or cancelling any warrant or authorisation; andban order requiring the destruction of any records of information which—ihas been obtained in exercise of any power conferred by a warrant or authorisation; oriiis held by any public authority in relation to any person.8Except to such extent as the Secretary of State may by order otherwise provide, determinations, awards, orders and other decisions of the Tribunal (including decisions as to whether they have jurisdiction) shall not be subject to appeal or be liable to be questioned in any court.9It shall be the duty of the Secretary of State to secure that there is at all times an order under subsection (8) in force allowing for an appeal to a court against any exercise by the Tribunal of their jurisdiction under section 65(2)(c) or (d).10The provision that may be contained in an order under subsection (8) may include—aprovision for the establishment and membership of a tribunal or body to hear appeals;bthe appointment of persons to that tribunal or body and provision about the remuneration and allowances to be payable to such persons and the expenses of the tribunal;cthe conferring of jurisdiction to hear appeals on any existing court or tribunal; anddany such provision in relation to an appeal under the order as corresponds to provision that may be made by rules under section 69 in relation to proceedings before the Tribunal, or to complaints or references made to the Tribunal.11The Secretary of State shall not make an order under subsection (8) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.12The Secretary of State shall consult the Scottish Ministers before making any order under subsection (8); and any such order shall be laid before the Scottish Parliament. Tribunal procedure.681Subject to any rules made under section 69, the Tribunal shall be entitled to determine their own procedure in relation to any proceedings, complaint or reference brought before or made to them.2The Tribunal shall have power—ain connection with the investigation of any matter, orbotherwise for the purposes of the Tribunal’s consideration or determination of any matter,to require a relevant Commissioner appearing to the Tribunal to have functions in relation to the matter in question to provide the Tribunal with all such assistance (including that Commissioner’s opinion as to any issue falling to be determined by the Tribunal) as the Tribunal think fit.3Where the Tribunal hear or consider any proceedings, complaint or reference relating to any matter, they shall secure that every relevant Commissioner appearing to them to have functions in relation to that matter—ais aware that the matter is the subject of proceedings, a complaint or a reference brought before or made to the Tribunal; andbis kept informed of any determination, award, order or other decision made by the Tribunal with respect to that matter.4Where the Tribunal determine any proceedings, complaint or reference brought before or made to them, they shall give notice to the complainant which (subject to any rules made by virtue of section 69(2)(i)) shall be confined, as the case may be, to either—aa statement that they have made a determination in his favour; orba statement that no determination has been made in his favour.5Where—athe Tribunal make a determination in favour of any person by whom any proceedings have been brought before the Tribunal or by whom any complaint or reference has been made to the Tribunal, andbthe determination relates to any act or omission by or on behalf of the Secretary of State or to conduct for which any warrant, authorisation or permission was issued, granted or given by the Secretary of State,they shall make a report of their findings to the Prime Minister.6It shall be the duty of the persons specified in subsection (7) to disclose or provide to the Tribunal all such documents and information as the Tribunal may require for the purpose of enabling them—ato exercise the jurisdiction conferred on them by or under section 65; orbotherwise to exercise or perform any power or duty conferred or imposed on them by or under this Act.7Those persons are—aevery person holding office under the Crown;bevery member of the staff of the Serious Organised Crime Agency;baevery member of the Scottish Crime and Drug Enforcement Agency;devery person employed by or for the purposes of a police force;eevery person required for the purposes of section 11 to provide assistance with giving effect to an interception warrant;fevery person on whom an obligation to take any steps has been imposed under section 12;gevery person by or to whom an authorisation under section 22(3) , (3B) or (3F) has been granted;hevery person to whom a notice under section 22(4) has been given;ievery person by whom, or on whose application, there has been granted or given any authorisation under Part II of this Act or under Part III of the Police Act 1997;jevery person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (i);kevery person who has engaged in any conduct with the authority of an authorisation under section 22 or Part II of this Act or under Part III of the Police Act 1997;levery person who holds or has held any office, rank or position with a public authority for whose benefit any such authorisation has been or may be given;mevery person to whom a notice under section 49 has been given; andnevery person who is or has been employed for the purposes of any business of a person falling within paragraph (e), (f), (h) or (m).8In this section “relevant Commissioner” means the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Investigatory Powers Commissioner for Northern Ireland or any Surveillance Commissioner or Assistant Surveillance Commissioner. Tribunal rules.691The Secretary of State may make rules regulating—athe exercise by the Tribunal of the jurisdiction conferred on them by or under section 65; andbany matters preliminary or incidental to, or arising out of, the hearing or consideration of any proceedings, complaint or reference brought before or made to the Tribunal.2Without prejudice to the generality of subsection (1), rules under this section may—aenable the jurisdiction of the Tribunal to be exercised at any place in the United Kingdom by any two or more members of the Tribunal designated for the purpose by the President of the Tribunal;benable different members of the Tribunal to carry out functions in relation to different complaints at the same time;cprescribe the form and manner in which proceedings are to be brought before the Tribunal or a complaint or reference is to be made to the Tribunal;drequire persons bringing proceedings or making complaints or references to take such preliminary steps, and to make such disclosures, as may be specified in the rules for the purpose of facilitating a determination of whether—ithe bringing of the proceedings, oriithe making of the complaint or reference,is frivolous or vexatious;emake provision about the determination of any question as to whether a person by whom—iany proceedings have been brought before the Tribunal, oriiany complaint or reference has been made to the Tribunal,is a person with a right to bring those proceedings or make that complaint or reference;fprescribe the forms of hearing or consideration to be adopted by the Tribunal in relation to particular proceedings, complaints or references (including a form that requires any proceedings brought before the Tribunal to be disposed of as if they were a complaint or reference made to the Tribunal);gprescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings, complaint or reference (including, where applicable, the mode and burden of proof and the admissibility of evidence);hprescribe orders that may be made by the Tribunal under section 67(6) or (7);irequire information about any determination, award, order or other decision made by the Tribunal in relation to any proceedings, complaint or reference to be provided (in addition to any statement under section 68(4)) to the person who brought the proceedings or made the complaint or reference, or to the person representing his interests.3Rules under this section in relation to the hearing or consideration of any matter by the Tribunal may provide—afor a person who has brought any proceedings before or made any complaint or reference to the Tribunal to have the right to be legally represented;bfor the manner in which the interests of a person who has brought any proceedings before or made any complaint or reference to the Tribunal are otherwise to be represented;cfor the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests in the case of any proceedings, complaint or reference.4The power to make rules under this section includes power to make rules—aenabling or requiring the Tribunal to hear or consider any proceedings, complaint or reference without the person who brought the proceedings or made the complaint or reference having been given full particulars of the reasons for any conduct which is the subject of the proceedings, complaint or reference;benabling or requiring the Tribunal to take any steps in exercise of their jurisdiction in the absence of any person (including the person bringing the proceedings or making the complaint or reference and any legal representative of his);cenabling or requiring the Tribunal to give a summary of any evidence taken in his absence to the person by whom the proceedings were brought or, as the case may be, to the person who made the complaint or reference;denabling or requiring the Tribunal to exercise their jurisdiction, and to exercise and perform the powers and duties conferred or imposed on them (including, in particular, in relation to the giving of reasons), in such manner provided for in the rules as prevents or limits the disclosure of particular matters.5Rules under this section may also include provision—aenabling powers or duties of the Tribunal that relate to matters preliminary or incidental to the hearing or consideration of any proceedings, complaint or reference to be exercised or performed by a single member of the Tribunal; andbconferring on the Tribunal such ancillary powers as the Secretary of State thinks necessary for the purposes of, or in connection with, the exercise of the Tribunal’s jurisdiction, or the exercise or performance of any power or duty conferred or imposed on them.6In making rules under this section the Secretary of State shall have regard, in particular, to—athe need to secure that matters which are the subject of proceedings, complaints or references brought before or made to the Tribunal are properly heard and considered; andbthe need to secure that information is not disclosed to an extent, or in a manner, that is contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services.7Rules under this section may make provision by the application, with or without modification, of the provision from time to time contained in specified rules of court.8Subject to subsection (9), no rules shall be made under this section unless a draft of them has first been laid before Parliament and approved by a resolution of each House.9Subsection (8) does not apply in the case of the rules made on the first occasion on which the Secretary of State exercises his power to make rules under this section.10The rules made on that occasion shall cease to have effect at the end of the period of forty days beginning with the day on which they were made unless, before the end of that period, they have been approved by a resolution of each House of Parliament.11For the purposes of subsection (10)—athe rules’ ceasing to have effect shall be without prejudice to anything previously done or to the making of new rules; andbin reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.12The Secretary of State shall consult the Scottish Ministers before making any rules under this section; and any rules so made shall be laid before the Scottish Parliament. Abolition of jurisdiction in relation to complaints.701The provisions set out in subsection (2) (which provide for the investigation etc. of certain complaints) shall not apply in relation to any complaint made after the coming into force of this section.2Those provisions are—asection 5 of, and Schedules 1 and 2 to, the Security Service Act 1989 (investigation of complaints about the Security Service made to the Tribunal established under that Act);bsection 9 of, and Schedules 1 and 2 to, the Intelligence Services Act 1994 (investigation of complaints about the Secret Intelligence Service or GCHQ made to the Tribunal established under that Act); andcsection 102 of, and Schedule 7 to, the Police Act 1997 (investigation of complaints made to the Surveillance Commissioners). Codes of practice Issue and revision of codes of practice.711The Secretary of State shall issue one or more codes of practice relating to the exercise and performance of the powers and duties mentioned in subsection (2).2Those powers and duties are those (excluding any power to make subordinate legislation) that are conferred or imposed otherwise than on the Surveillance Commissioners by or under—aParts I to III of this Act;bsection 5 of the Intelligence Services Act 1994 (warrants for interference with property or wireless telegraphy for the purposes of the intelligence services); andcPart III of the Police Act 1997 (authorisation by the police or Her Majesty's Revenue and Customs of interference with property or wireless telegraphy).3Before issuing a code of practice under subsection (1), the Secretary of State shall—aprepare and publish a draft of that code; andbconsider any representations made to him about the draft;and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.4The Secretary of State shall lay before both Houses of Parliament every draft code of practice prepared and published by him under this section.5A code of practice issued by the Secretary of State under this section shall not be brought into force except in accordance with an order made by the Secretary of State.6An order under subsection (5) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the bringing into force of the code brought into force by that order.7The Secretary of State may from time to time—arevise the whole or any part of a code issued under this section; andbissue the revised code.8Subsections (3) to (6) shall apply (with appropriate modifications) in relation to the issue of any revised code under this section as they apply in relation to the first issue of such a code.9The Secretary of State shall not make an order containing provision for any of the purposes of this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House. Effect of codes of practice.721A person exercising or performing any power or duty in relation to which provision may be made by a code of practice under section 71 shall, in doing so, have regard to the provisions (so far as they are applicable) of every code of practice for the time being in force under that section.2A failure on the part of any person to comply with any provision of a code of practice for the time being in force under section 71 shall not of itself render him liable to any criminal or civil proceedings.3A code of practice in force at any time under section 71 shall be admissible in evidence in any criminal or civil proceedings.4If any provision of a code of practice issued or revised under section 71 appears to—athe court or tribunal conducting any civil or criminal proceedings,bthe Tribunal,ca relevant Commissioner carrying out any of his functions under this Act,da Surveillance Commissioner carrying out his functions under this Act or the Police Act 1997, oreany Assistant Surveillance Commissioner carrying out any functions of his under section 63 of this Act,to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to a time when it was in force, that provision of the code shall be taken into account in determining that question.5In this section “relevant Commissioner” means the Interception of Communications Commissioner, the Intelligence Services Commissioner or the Investigatory Powers Commissioner for Northern Ireland.Part V Miscellaneous and supplemental Miscellaneous Conduct in relation to wireless telegraphy.73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants under the Intelligence Services Act 1994.741In subsection (2) of section 5 of the Intelligence Services Act 1994 (the circumstances in which the Secretary of State may issue a warrant authorising interference with property or wireless telegraphy)—ain paragraph (a), for “on the ground that it is likely to be of substantial value in” there shall be substituted “ for the purpose of ”; andbfor paragraph (b) there shall be substituted—bis satisfied that the taking of the action is proportionate to what the action seeks to achieve;.2After that subsection, there shall be inserted—2AThe matters to be taken into account in considering whether the requirements of subsection (2)(a) and (b) are satisfied in the case of any warrant shall include whether what it is thought necessary to achieve by the conduct authorised by the warrant could reasonably be achieved by other means.3In each of sections 6(1)(b) and 7(5)(b) of that Act (warrants issued under the hand of a senior official of the Secretary of State’s department), the words “of his department” shall be omitted.4In section 11 of that Act (interpretation), for paragraph (1)(d) there shall be substituted—d“senior official” has the same meaning as in the Regulation of Investigatory Powers Act 2000;. Authorisations under Part III of the Police Act 1997.751Section 93 of the Police Act 1997 (authorisations to interfere with property etc.) shall be amended as follows.2In subsection (1) (the action that the authorising officer may authorise), for “or” at the end of paragraph (a) there shall be substituted—abthe taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or.3After that subsection there shall be inserted—1AThe 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 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 2000.1BSubsection (1) applies where the authorising officer is a customs officer with the omission of—athe words “in the relevant area”, in each place where they occur; andbparagraph (ab).4In subsection (2) (the grounds on which action may be authorised)—ain paragraph (a), for the words from “on the ground” to “detection of” there shall be substituted “ for the purpose of preventing or detecting ”; andbfor paragraph (b) there shall be substituted—bthat the taking of the action is proportionate to what the action seeks to achieve.5After subsection (2) there shall be inserted—2ASubsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the Royal Ulster Constabulary as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.2BThe 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.6In subsection (5) (the meaning of authorising officer)—aafter paragraph (e) there shall be inserted—eathe Chief Constable of the Ministry of Defence Police;ebthe Provost Marshal of the Royal Navy Regulating Branch;ecthe Provost Marshal of the Royal Military Police;edthe Provost Marshal of the Royal Air Force Police;eethe Chief Constable of the British Transport Police;;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cin paragraph (h), for the word “the”, in the first place where it occurs, there shall be substituted “ any ”.7In subsection (6) (the meaning of relevant area), after paragraph (c) there shall be inserted—cain relation to a person within paragraph (ea), means any place where, under section 2 of the Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;cbin relation to a person within paragraph (ee), means the United Kingdom;.8After that subsection there shall be inserted—6AFor the purposes of any authorisation by a person within paragraph (eb), (ec) or (ed) 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—athe property is owned, occupied, in the possession of or being used by a person subject to service discipline; orbthe action is taken in relation to the use of wireless telegraphy by such a person.6BFor the purposes of this section a person is subject to service discipline—ain relation to the Royal Navy Regulating Branch, if he is subject to the Naval Discipline Act 1957 or is a civilian to whom Parts I and II of that Act for the time being apply by virtue of section 118 of that Act ;bin relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the Army Act 1955 for the time being applies by virtue of section 209 of that Act; andcin relation to the Royal Air Force Police, if he is subject to air-force law or is a civilian to whom Part II of the Air Force Act 1955 for the time being applies by virtue of section 209 of that Act. Surveillance etc. operations beginning in Scotland.761Subject to subsection (2), where—aan authorisation under the relevant Scottish legislation has the effect of authorising the carrying out in Scotland of the conduct described in the authorisation,bthe conduct so described is or includes conduct to which Part II of this Act applies, andccircumstances arise by virtue of which some or all of the conduct so described can for the time being be carried out only outwith Scotland,section 27 of this Act shall have effect for the purpose of making lawful the carrying out outwith Scotland of the conduct so described as if the authorisation, so far as is it relates to conduct to which that Part applies, were an authorisation duly granted under that Part.2Where any such circumstances as are mentioned in paragraph (c) of subsection (1) so arise as to give effect outwith Scotland to any authorisation granted under the relevant Scottish legislation, that authorisation shall not authorise any conduct outwith Scotland at any time after the end of the period of three weeks beginning with the time when the circumstances arose.3Subsection (2) is without prejudice to the operation of subsection (1) in relation to any authorisation on the second or any subsequent occasion on which any such circumstances as are mentioned in subsection (1)(c) arise while the authorisation remains in force.4In this section “the relevant Scottish legislation” means an enactment contained in or made under an Act of the Scottish Parliament which makes provision, corresponding to that made by Part II, for the authorisation of conduct to which that Part applies.<Addition ChangeId="d29p12334" CommentaryRef="c19875771">Foreign surveillance operations</Addition>76A1This section applies where—aa foreign police or customs officer is carrying out relevant surveillance outside the United Kingdom which is lawful under the law of the country or territory in which it is being carried out;bcircumstances arise by virtue of which the surveillance can for the time being be carried out only in the United Kingdom; andcit is not reasonably practicable in those circumstances for a United Kingdom officer to carry out the surveillance in the United Kingdom in accordance with an authorisation under Part 2 or the Regulation of Investigatory Powers (Scotland) Act 2000.2“Relevant surveillance” means surveillance which—ais carried out in relation to a person who is suspected of having committed a relevant crime; andbis, for the purposes of Part 2, directed surveillance or intrusive surveillance.3“Relevant crime” means crime which—afalls within Article 40(7) of the Schengen Convention; orbis crime for the purposes of any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.4Relevant surveillance carried out by the foreign police or customs officer in the United Kingdom during the permitted period is to be lawful for all purposes if—athe condition mentioned in subsection (6) is satisfied;bthe officer carries out the surveillance only in places to which members of the public have or are permitted to have access, whether on payment or otherwise; andcconditions specified in any order made by the Secretary of State with the consent of the Scottish Ministers are satisfied in relation to its carrying out;but no surveillance is lawful by virtue of this subsection if the officer subsequently seeks to stop and question the person in the United Kingdom in relation to the relevant crime.5The officer is not to be subject to any civil liability in respect of any conduct of his which is incidental to any surveillance that is lawful by virtue of subsection (4).6The condition in this subsection is satisfied if, immediately after the officer enters the United Kingdom—ahe notifies a person designated by the Director General of the Serious Organised Crime Agency of that fact; andb(if the officer has not done so before) he requests an application to be made for an authorisation under Part 2, or the Regulation of Investigatory Powers (Scotland) Act 2000, for the carrying out of the surveillance.7“The permitted period” means the period of five hours beginning with the time when the officer enters the United Kingdom.8But a person designated by an order made by the Secretary of State may notify the officer that the surveillance is to cease being lawful by virtue of subsection (4) when he gives the notification.9The Secretary of State is not to make an order under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.10In this section references to a foreign police or customs officer are to a police or customs officer who, in relation to a country or territory other than the United Kingdom, is an officer for the purposes of—aArticle 40 of the Schengen Convention; orbany other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.11In this section—“the Schengen Convention” means the Convention implementing the Schengen Agreement of 14th June 1985;“United Kingdom officer” means—a member of a police force;a member of the staff of the Serious Organised Crime Agency ;a police member of the Scottish Crime and Drug Enforcement Agency appointed by virtue of paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);an officer of Revenue and Customs. Supplemental Ministerial expenditure etc.77There shall be paid out of money provided by Parliament—aany expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; andbany increase attributable to this Act in the sums which are payable out of money so provided under any other Act. Orders, regulations and rules.781This section applies to any power of the Secretary of State to make any order, regulations or rules under any provision of this Act.2The powers to which this section applies shall be exercisable by statutory instrument.3A statutory instrument which contains any order made in exercise of a power to which this section applies (other than the power to appoint a day under section 83(2)) but which contains neither—aan order a draft of which has been approved for the purposes of section 12(10), 13(3), 22(9), 25(5), 28(5), 29(6), 30(7), 35(5), 41(6), 47(2), 66(3), 67(11) , 71(9) or 76A(9) norbthe order to which section 35(7) applies,shall be subject to annulment in pursuance of a resolution of either House of Parliament.4A statutory instrument containing any regulations made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.5Any order, regulations or rules made in exercise of a power to which this section applies may—amake different provisions for different cases;bcontain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit. Criminal liability of directors etc.791Where an offence under any provision of this Act other than a provision of Part III is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—aa director, manager, secretary or other similar officer of the body corporate, orbany person who was purporting to act in any such capacity,he (as well as the body corporate) shall be guilty of that offence and liable to be proceeded against and punished accordingly.2Where an offence under any provision of this Act other than a provision of Part III—ais committed by a Scottish firm, andbis proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,he (as well as the firm) shall be guilty of that offence and liable to be proceeded against and punished accordingly.3In this section “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. General saving for lawful conduct.80Nothing in any of the provisions of this Act by virtue of which conduct of any description is or may be authorised by any warrant, authorisation or notice, or by virtue of which information may be obtained in any manner, shall be construed—aas making it unlawful to engage in any conduct of that description which is not otherwise unlawful under this Act and would not be unlawful apart from this Act;bas otherwise requiring—ithe issue, grant or giving of such a warrant, authorisation or notice, oriithe taking of any step for or towards obtaining the authority of such a warrant, authorisation or notice,before any such conduct of that description is engaged in; orcas prejudicing any power to obtain information by any means not involving conduct that may be authorised under this Act. General interpretation.811In this Act—“apparatus” includes any equipment, machinery or device and any wire or cable;“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;“Assistant Surveillance Commissioner” means any person holding office under section 63;“civil proceedings” means any proceedings in or before any court or tribunal that are not criminal proceedings;“communication” includes—(except in the definition of “postal service” in section 2(1)) anything transmitted by means of a postal service;anything comprising speech, music, sounds, visual images or data of any description; andsignals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus;“criminal”, in relation to any proceedings or prosecution, shall be construed in accordance with subsection (4);. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“document” includes a map, plan, design, drawing, picture or other image;“enactment” includes—an enactment passed after the passing of this Act; andan enactment contained in Northern Ireland legislation;“GCHQ” has the same meaning as in the Intelligence Services Act 1994;“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006;“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ;“interception” and cognate expressions shall be construed (so far as it is applicable) in accordance with section 2;“interception warrant” means a warrant under section 5;“justice of the peace” does not include a justice of the peace in Northern Ireland;“legal proceedings” means civil or criminal proceedings in or before any court or tribunal or proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006;“modification” includes alterations, additions and omissions, and cognate expressions shall be construed accordingly;“ordinary Surveillance Commissioner” means a Surveillance Commissioner other than the Chief Surveillance Commissioner;“person” includes any organisation and any association or combination of persons;“police force” means any of the following—any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the metropolitan police force;the City of London police force;any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967the Royal Ulster Constabulary;the Ministry of Defence Police;the Royal Navy Police;the Royal Military Police;the Royal Air Force Police;the British Transport Police;“postal service” and “public postal service” have the meanings given by section 2(1);“private telecommunication system”, “public telecommunications service” and “public telecommunication system” have the meanings given by section 2(1);“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (acts of public authorities) other than a court or tribunal;“senior official” means, subject to subsection (7), a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service;“statutory”, in relation to any power or duty, means conferred or imposed by or under any enactment or subordinate legislation;“subordinate legislation” means any subordinate legislation (within the meaning of the Interpretation Act 1978) or any statutory rules (within the meaning of the Statutory Rules (Northern Ireland) Order 1979);“Surveillance Commissioner” means a Commissioner holding office under section 91 of the Police Act 1997 and “Chief Surveillance Commissioner” shall be construed accordingly;“telecommunication system” and “telecommunications service” have the meanings given by section 2(1);“the Tribunal” means the tribunal established under section 65;“wireless telegraphy” has the same meaning as in the the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act;“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.2In this Act—areferences to crime are references to conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences; andbreferences to serious crime are references to crime that satisfies the test in subsection (3)(a) or (b).3Those tests are—athat the offence or one of the offences that is or would be constituted by the conduct 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;bthat the conduct 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.4In this Act “criminal proceedings” includes— proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006, and references in this Act to criminal prosecutions shall be construed accordingly.5For the purposes of this Act detecting crime shall be taken to include—aestablishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; andbthe apprehension of the person by whom any crime was committed;and any reference in this Act to preventing or detecting serious crime shall be construed accordingly, except that, in Chapter I of Part I, it shall not include a reference to gathering evidence for use in any legal proceedings.6In this Act—areferences to a person holding office under the Crown include references to any servant of the Crown and to any member of Her Majesty’s forces; andbreferences to a member of a police force, in relation to the Royal Navy Police, the Royal Military Police or the Royal Air Force Police, do not include references to any member of that force who is not for the time being attached to or serving either with that force or with another of those police forces.7If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the statutory civil service (or any part of it), he may by order make such amendments of the definition of “senior official” in subsection (1) as appear to him appropriate to preserve, so far as practicable, the effect of that definition.8In subsection (7) “the statutory civil service” means—athe 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), butbalso includes the Government Communications Headquarters. Amendments, repeals and savings etc.821The enactments specified in Schedule 4 (amendments consequential on the provisions of this Act) shall have effect with the amendments set out in that Schedule.2The enactments mentioned in Schedule 5 are hereby repealed to the extent specified in the third column of that Schedule.3For the avoidance of doubt it is hereby declared that nothing in this Act . . .affects any power conferred on a postal operator (within the meaning of the Postal Services Act 2000) by or under any enactment to open, detain or delay any postal packet or to deliver any such packet to a person other than the person to whom it is addressed.4Where any warrant under the Interception of Communications Act 1985 is in force under that Act at the time when the repeal by this Act of section 2 of that Act comes into force, the conduct authorised by that warrant shall be deemed for the period which—abegins with that time, andbends with the time when that warrant would (without being renewed) have ceased to have effect under that Act,as if it were conduct authorised by an interception warrant issued in accordance with the requirements of Chapter I of Part I of this Act.5In relation to any such warrant, any certificate issued for the purposes of section 3(2) of the Interception of Communications Act 1985 shall have effect in relation to that period as if it were a certificate issued for the purposes of section 8(4) of this Act.6Sections 15 and 16 of this Act shall have effect as if references to interception warrants and to section 8(4) certificates included references, respectively, to warrants under section 2 of the Interception of Communications Act 1985 and to certificates under section 3(2) of that Act; and references in sections 15 and 16 of this Act to intercepted or certified material shall be construed accordingly. Short title, commencement and extent.831This Act may be cited as the Regulation of Investigatory Powers Act 2000.2The provisions of this Act, other than this section, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.3This Act extends to Northern Ireland. SCHEDULESSCHEDULE A1<Addition ChangeId="d29p13333" CommentaryRef="c21481411">MONETARY PENALTY NOTICES IN RELATION TO CERTAIN UNLAWFUL INTERCEPTIONS</Addition> PART 1 <Addition ChangeId="d29p13333" CommentaryRef="c21481411">MONETARY PENALTY NOTICES</Addition><Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">General</Addition></Emphasis>11A monetary penalty notice is a notice requiring the person on whom it is served to pay to the Interception of Communications Commissioner (“the Commissioner”) a monetary penalty of an amount determined by the Commissioner and specified in the notice.2The amount determined by the Commissioner must not exceed £50,000.3The monetary penalty must be paid to the Commissioner within such period as is specified in the notice.4The period concerned must not be less than 28 days beginning with the day after the day on which the notice is served.5The notice must, in particular—astate the name and address of the person on whom it is to be served,bprovide details of the notice of intent served on that person,cstate whether the Commissioner has received written representations in accordance with that notice,dstate the grounds on which the Commissioner serves the monetary penalty notice,estate the grounds on which the Commissioner decided the amount of the monetary penalty,fstate the details of how the monetary penalty is to be paid,gprovide details of the rights of appeal of the person concerned under paragraph 5 in respect of the monetary penalty notice,hprovide details of the Commissioner's rights of enforcement under paragraph 6 in respect of the monetary penalty notice.6Any sum received by the Commissioner by virtue of a monetary penalty notice must be paid into the Consolidated Fund.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Enforcement obligations</Addition></Emphasis>21The Commissioner may include one or more than one enforcement obligation in a monetary penalty notice if the Commissioner considers that the interception to which the notice relates is continuing.2Each of the following is an enforcement obligation—aa requirement on the person on whom the notice is served to cease the interception concerned on such day, or within such period, as is specified in the notice,b(where appropriate for achieving such a cessation) a requirement on the person to take within such period as is specified in the notice, or to refrain from taking after the end of such period as is so specified, such steps as are so specified.3No enforcement obligation is to have effect before the end of the period of 7 days beginning with the day after the day on which the notice is served.4Where an enforcement obligation is included in a monetary penalty notice under this paragraph, the notice must state what the obligation is and the grounds for including it.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Consultation requirements before service of notices</Addition></Emphasis>31The Commissioner must proceed in accordance with sub-paragraphs (2) to (7) before serving a monetary penalty notice on a person.2The Commissioner must serve a notice of intent on the person.3A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice on the person.4A notice of intent must, in particular—astate the name and address of the person concerned,bstate the grounds on which the Commissioner proposes to serve the monetary penalty notice,cprovide an indication of the amount of the monetary penalty that the Commissioner proposes to impose and the Commissioner's grounds for deciding that amount,dstate whether the monetary penalty notice is to include any enforcement obligation and, if so, what the obligation is and the grounds for including it,estate the date on which the Commissioner proposes to serve the monetary penalty notice,finform the person concerned that the person may make written representations in relation to the Commissioner's proposal within a period specified in the notice, andginform the person concerned that the person may, within a period specified in the notice, request an oral hearing before the Commissioner in order to make representations of the kind mentioned in sub-paragraph (6)(b).5No period specified as mentioned in sub-paragraph (4)(f) or (g) may be less than 21 days beginning with the day after the day on which the notice is served.6Where the person concerned has requested an oral hearing within the period specified for the purpose in the notice—athe Commissioner must arrange such a hearing, andbthe person may make representations at the hearing about—ii)any matter falling within section 1(1A)(a)(ii), oriiany other matter relating to the Commissioner's proposal which, by virtue of section 17, the person would be unable to raise on an appeal under paragraph 5.7The Commissioner must consider any representations which have been made by the person concerned in accordance with the notice or sub-paragraph (6).8Subject to sub-paragraph (9), the Commissioner may not vary a notice of intent.9The Commissioner may vary a notice of intent by extending the period mentioned in sub-paragraph (4)(f) or (g).10Sub-paragraph (8) does not prevent the Commissioner from issuing a new notice of intent instead of varying such a notice.11The Commissioner may cancel a notice of intent.12A variation or cancellation of a notice of intent is effected by serving on the person on whom the notice was served a notice setting out the variation or cancellation.13Subject to sub-paragraph (14), the Commissioner must not serve a monetary penalty notice on a person in respect of an interception if any notice of intent in respect of that interception was served on the person more than 3 months earlier.14The Commissioner may serve a monetary penalty notice on a person where the service of the notice would otherwise be prevented by virtue of sub-paragraph (13) if the Commissioner—aconsiders it reasonable to do so, andbincludes the reasons for doing so in the monetary penalty notice.15If the Commissioner decides not to serve a monetary penalty notice on a person as a result of any representations which have been made by the person in accordance with a notice of intent or sub-paragraph (6), the Commissioner must inform the person of that fact.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Variation or cancellation of notices</Addition></Emphasis>41The Commissioner may, subject as follows, vary or cancel a monetary penalty notice.2The Commissioner may not vary a monetary penalty notice in a way that is detrimental to the person on whom it was served (whether by increasing the amount of the monetary penalty, by reducing the period specified in the notice as the period within which the penalty must be paid, by imposing a new enforcement obligation or making an existing enforcement obligation effective earlier or otherwise more onerous, or otherwise).3The Commissioner must—ain the case of a variation which reduces the amount of a monetary penalty, repay any excess already paid in accordance with the notice, andbin the case of a cancellation, repay any amount already paid in accordance with the notice.4A variation or cancellation of a monetary penalty notice is effected by serving on the person on whom the monetary penalty notice was served a notice setting out the variation or cancellation.5The Commissioner may not serve another monetary penalty notice on a person in respect of an interception if the Commissioner has cancelled a previous notice served on the person in respect of the same interception.6If the Commissioner refuses a request by a person to vary or cancel a monetary penalty notice which has been served on the person, the Commissioner must inform the person of that fact.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Appeals against notices</Addition></Emphasis>51A person on whom a monetary penalty notice is served may appeal to the First-tier Tribunal against—athe monetary penalty notice or any provision of it, orbany refusal of a request by the person to issue a notice of variation or cancellation in relation to the monetary penalty notice.2Where there is an appeal under sub-paragraph (1)(a) in relation to a monetary penalty notice or any provision of it, any requirement in the notice or (as the case may be) provision concerned which does not relate to the imposition of an enforcement obligation need not be complied with until the appeal is withdrawn or finally determined.3Sub-paragraphs (4) to (6) apply in relation to an appeal under sub-paragraph (1)(a).4The First-tier Tribunal must allow the appeal or substitute such other monetary penalty notice as could have been served by the Commissioner if the Tribunal considers—athat the notice concerned is not in accordance with the law, orbto the extent that the notice involved an exercise of discretion by the Commissioner, that the Commissioner ought to have exercised the discretion differently.5In any other case, the First-tier Tribunal must dismiss the appeal.6The First-tier Tribunal may review any determination of fact on which the notice concerned was based.7Sub-paragraphs (8) to (10) apply in relation to an appeal under sub-paragraph (1)(b).8The First-tier Tribunal must direct the Commissioner to issue, on such terms as the Tribunal considers appropriate, a notice of variation or cancellation in relation to the monetary penalty notice if the Tribunal considers that the monetary penalty notice ought to be varied or cancelled on those terms.9In any other case, the First-tier Tribunal must dismiss the appeal.10The First-tier Tribunal may review any determination of fact on which the refusal to issue the notice of variation or cancellation was based.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Enforcement of notices</Addition></Emphasis>61Sub-paragraphs (2) and (3) apply in relation to any penalty payable to the Commissioner by virtue of a monetary penalty notice.2In England and Wales or Northern Ireland, the penalty is recoverable—aif a county court so orders, as if it were payable under an order of that court,bif the High Court so orders, as if it were payable under an order of that court.3In Scotland, the penalty is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom in Scotland.4The person on whom a monetary penalty notice containing an enforcement obligation is served must comply with the obligation; and that duty is enforceable by civil proceedings by the Commissioner for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 , or for any other appropriate relief.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Guidance</Addition></Emphasis>71The Commissioner must prepare and issue guidance on how the Commissioner proposes to exercise the Commissioner's functions under section 1(1A) and (1B) and this Schedule.2The guidance must, in particular, deal with—athe manner in which the Commissioner is to deal with claims of a description specified in the guidance which may give rise to grounds for serving a monetary penalty notice,bthe circumstances in which the Commissioner would consider it appropriate to serve a monetary penalty notice,chow the Commissioner will determine the amount of the penalty, anddthe circumstances in which the Commissioner would consider it appropriate to impose an enforcement obligation.3The Commissioner may alter or replace the guidance.4If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance.5The Commissioner must arrange for the publication, in such form and manner as the Commissioner considers appropriate, of any guidance issued under this paragraph.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Interpretation: Part 1</Addition></Emphasis>8In this Part—“address” means—in the case of a registered company, the address of its registered office, andin the case of a person (other than a registered company) carrying on a business, the address of the person's principal place of business in the United Kingdom;“business” includes any trade or profession;“the Commissioner” has the meaning given by paragraph 1(1);“enforcement obligation” has the meaning given by paragraph 2(2);“monetary penalty notice” means a monetary penalty notice under section 1(1A);“notice” means notice in writing;“notice of intent” means a notice under paragraph 3(2) to (5);“registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom. PART 2 <Addition ChangeId="d29p13333" CommentaryRef="c21481411">INFORMATION PROVISIONS</Addition><Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Information notices</Addition></Emphasis>91The Commissioner may by notice (“an information notice”) request any person on whom the Commissioner is considering whether to serve a Part 1 notice of intent or a Part 1 monetary penalty notice to provide such information as the Commissioner reasonably requires for the purpose of deciding whether to serve the Part 1 notice concerned.2Where the Commissioner requests that documents be produced, the Commissioner may take copies of, or extracts from, any document so produced.3An information notice must—aspecify or describe the information to be provided,bspecify the manner in which, and the period within which, the information is to be provided,cstate that the Commissioner considers that the information is information which the Commissioner reasonably requires for the purpose of deciding whether to serve a Part 1 notice of intent or (as the case may be) a Part 1 monetary penalty notice,dstate the Commissioner's grounds for this view, andeprovide details of the rights of appeal under paragraph 10 in respect of the information notice.4For the purposes of sub-paragraph (3)(b)—aspecifying the manner in which the information is to be provided may include specifying the form in which it is to be provided, andbthe specified period within which the information is to be provided must not be less than 28 days beginning with the day after the day on which the information notice is served.5Subject to sub-paragraph (6), the Commissioner may not vary an information notice.6The Commissioner may vary an information notice by extending the period within which the information is to be provided if the person on whom the notice is served appeals under paragraph 10 in relation to the notice.7Sub-paragraph (5) does not prevent the Commissioner from issuing a new information notice instead of varying such a notice.8The Commissioner may cancel an information notice.9A variation or cancellation of an information notice is effected by serving on the person on whom the notice was served a notice setting out the variation or cancellation.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Appeals against notices</Addition></Emphasis>101A person on whom an information notice is served may appeal to the First-tier Tribunal against—athe information notice or any provision of it, orbany refusal of a request by the person to issue a notice of variation or cancellation in relation to the information notice.2Subject to paragraph 9(6), an appeal under this paragraph does not affect the need to comply with the information notice while the appeal is not finally determined.3Sub-paragraphs (4) to (6) apply in relation to an appeal under sub-paragraph (1)(a).4The First-tier Tribunal must allow the appeal or substitute such other information notice as could have been served by the Commissioner if the Tribunal considers—athat the notice concerned is not in accordance with the law, orbto the extent that the notice involved an exercise of discretion by the Commissioner, that the Commissioner ought to have exercised the discretion differently.5In any other case, the First-tier Tribunal must dismiss the appeal.6The First-tier Tribunal may review any determination of fact on which the notice concerned was based.7Sub-paragraphs (8) to (10) apply in relation to an appeal under sub-paragraph (1)(b).8The First-tier Tribunal must direct the Commissioner to issue, on such terms as the Tribunal considers appropriate, a notice of variation or cancellation in relation to the information notice if the Tribunal considers that the information notice ought to be varied or cancelled on those terms.9In any other case, the First-tier Tribunal must dismiss the appeal.10The First-tier Tribunal may review any determination of fact on which the refusal to issue the notice of variation or cancellation was based.<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Enforcement of notices</Addition></Emphasis>111The Commissioner may serve a Part 2 monetary penalty notice on a person if the person—awithout reasonable excuse refuses or fails to comply with an information notice, orbknowingly or recklessly gives any information which is false in a material particular in response to an information notice.2Subject to sub-paragraphs (3) to (7), Part 1 of this Schedule applies in relation to a Part 2 monetary penalty notice and the penalty that relates to that notice as it applies in relation to a Part 1 monetary penalty notice and the penalty that relates to that notice.3The amount of the monetary penalty determined by the Commissioner and specified in the Part 2 monetary penalty notice may be—aa fixed amount,ban amount calculated by reference to a daily rate, orca fixed amount and an amount calculated by reference to a daily rate,provided that the total amount payable does not exceed £10,000.4In the case of an amount calculated by reference to a daily rate—ano account is to be taken of the day on which the Part 2 monetary penalty notice is served or any day before that day, andbthe Part 2 monetary penalty notice must specify—ii)the day on which the amount first starts to accumulate and the circumstances in which it is to cease to accumulate, andiithe period or periods within which the amount, or any part or parts so far accumulated, must be paid to the Commissioner (provided that no such period ends less than 28 days beginning with the day after the day on which the notice is served).5The provisions in Part 1 of this Schedule so far as relating to enforcement obligations do not apply in relation to a Part 2 monetary penalty notice.6Paragraph 3 applies by virtue of sub-paragraph (2) above as if—aparagraph 3(6)(b)(i), the word “or” at the end of that sub-paragraph (i) and the word “other” in paragraph 3(6)(b)(ii) were omitted, andbin paragraph 3(13) the references to an interception were references to conduct falling within paragraph 11(1)(a) or (b).7Paragraph 4(5) applies by virtue of sub-paragraph (2) above as if the references to an interception were references to conduct falling within paragraph 11(1)(a) or (b).<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Technical assistance for the Commissioner</Addition></Emphasis>121OFCOM must comply with any reasonable request made by the Commissioner, in connection with the Commissioner's functions under section 1(1A) and (1B) and this Schedule, for advice on technical and similar matters relating to electronic communications.2For this purpose, the Commissioner may disclose to OFCOM any information obtained by the Commissioner under this Schedule.3In this paragraph “OFCOM” means the Office of Communications established by section 1 of the Office of Communications Act 2002 .<Emphasis><Addition ChangeId="d29p13333" CommentaryRef="c21481411">Interpretation: Part 2</Addition></Emphasis>13In this Part—“the Commissioner” has the meaning given by paragraph 1(1);“enforcement obligation” has the meaning given by paragraph 2(2);“information” includes documents; and any reference to providing or giving information includes a reference to producing a document;“information notice” has the meaning given by paragraph 9(1);“notice” means notice in writing;“Part 1 monetary penalty notice” means a monetary penalty notice under section 1(1A);“Part 2 monetary penalty notice” means a monetary penalty notice under paragraph 11; “Part 1 notice of intent” means a notice under paragraph 3(2) to (5) (but excluding those provisions as applied by paragraph 11).SCHEDULE 1 Relevant Public AuthoritiesSection 30.Part I Relevant authorities for the purposes of ss. 28 and 29 Police forces etc.1Any police force.1AThe Civil Nuclear Constabulary.2The Serious Organised Crime Agency.2AThe Scottish Crime and Drug Enforcement Agency3The National Crime Squad.4The Serious Fraud Office.4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4BThe force comprising the constables appointed under article 3 of the Mersey Docks and Harbour (Police) Order 1975 on the nomination of the Mersey Docks and Harbour Company. The intelligence services5Any of the intelligence services. The armed forces6Any of Her Majesty’s forces.<Emphasis><Addition ChangeId="d29p14563" CommentaryRef="c19938741">Revenue and Customs</Addition></Emphasis>7Her Majesty's Revenue and Customs.8The Commissioners of Inland Revenue. Government departments9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9ZBThe Department for Business, Innovation and Skills.9AThe Department for Communities and Local Government10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Office of the Deputy Prime Minister.

The Department of Energy and Climate Change.

The Department for Environment, Food and Rural Affairs.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12The Department of Health.13The Home Office.13ZAThe Ministry of Justice13AThe Northern Ireland Office.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Department for Transport.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

<Substitution ChangeId="d29p14727" CommentaryRef="c19938571">The Welsh Assembly Government</Substitution>16The Welsh Assembly Government. Local authorities17Any county council or district council in England, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, and any county council or county borough council in Wales.17AAny fire and rescue authority under the Fire and Rescue Services Act 2004 . Other bodies17BThe Charity Commission.18The Environment Agency.19The Financial Services Authority.20The Food Standards Agency.20AGambling Commission20BThe Office of Fair Trading.20CThe Office of the Police Ombudsman for Northern Ireland.20D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20EThe Gangmasters Licensing Authority.20FThe Care Quality Commission.20GThe Health and Safety Executive.21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23AThe Office of Communications.<Addition ChangeId="d29p14906" CommentaryRef="c21264691">Northern Ireland authorities</Addition>23AThe Department of Agriculture and Rural Development.23BThe Department of Enterprise, Trade and Investment.23CThe Department of the Environment.23DAny district council (within the meaning of section 44 of the Interpretation Act (Northern Ireland) 1954 ).23EThe Department of Justice.Part II Relevant authorities for the purposes only of s. 28 The Health and Safety Executive24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <Acronym Expansion="National Health Service">NHS</Acronym> bodies in England and Wales25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26A Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 .27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis><Addition ChangeId="d29p15013" CommentaryRef="c19895431"><Substitution ChangeId="d29p15017" CommentaryRef="c19933011"><Acronym Expansion="Her Majesty">HM</Acronym> Chief Inspector of Education, Children's Services and Skills</Substitution></Addition></Emphasis>27BHer Majesty's Chief Inspector of Education, Children's Services and Skills.<Emphasis><Addition ChangeId="d29p15013" CommentaryRef="c19895431">The Information Commissioner</Addition></Emphasis>27CThe Information Commissioner.<Addition ChangeId="d29p15013" CommentaryRef="c19895431"><CommentaryRef Ref="c22547831"/>. . . </Addition>27D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Substitution ChangeId="d29p15061" CommentaryRef="c21278221"> The General Pharmaceutical Council.</Substitution>28The General Pharmaceutical Council.<Addition ChangeId="d29p15073" CommentaryRef="c21279241">The Child Maintenance and Enforcement Commission</Addition>28AThe Child Maintenance and Enforcement Commission.<Addition ChangeId="d29p15073" CommentaryRef="c21279241">Special constables nominated by the Dover Harbour Board</Addition>28BThe force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board.<Addition ChangeId="d29p15073" CommentaryRef="c21279241">The Department for Work and Pensions</Addition>28CThe Department for Work and Pensions.The Postal Services Commission<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2000/23/schedule/1/paragraph/28D/2011-01-21" IdURI="http://www.legislation.gov.uk/id/ukpga/2000/23/schedule/1/paragraph/28D" id="schedule-1-paragraph-28D"><Pnumber>28D</Pnumber><P1para><Text>The Postal Services Commission</Text></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2000/23/schedule/1/part/II/crossheading/universal-service-providers/2011-01-21" IdURI="http://www.legislation.gov.uk/id/ukpga/2000/23/schedule/1/part/II/crossheading/universal-service-providers" NumberOfProvisions="1" RestrictEndDate="2013-04-01" RestrictStartDate="2010-04-06" id="schedule-1-part-II-crossheading-universal-service-providers"><Title><Addition ChangeId="d29p15073" CommentaryRef="c21279241">Universal service providers</Addition><P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2000/23/schedule/1/paragraph/28E/2011-01-21" IdURI="http://www.legislation.gov.uk/id/ukpga/2000/23/schedule/1/paragraph/28E" id="schedule-1-paragraph-28E"><Pnumber>28E</Pnumber><P1para><Text>A universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act).</Text></P1para></P1></P1group></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2000/23/schedule/1/part/II/crossheading/northern-ireland-authorities/2011-01-21" IdURI="http://www.legislation.gov.uk/id/ukpga/2000/23/schedule/1/part/II/crossheading/northern-ireland-authorities" NumberOfProvisions="12" RestrictEndDate="2022-11-30" RestrictStartDate="2002-07-02" id="schedule-1-part-II-crossheading-northern-ireland-authorities" RestrictExtent="E+W+S+N.I."><Title><Addition ChangeId="d29p15141" CommentaryRef="c21279211">Northern Ireland authorities</Addition>29The Department of Health, Social Services and Public Safety.30The Department for Regional Development.31The Department for Social Development.32The Department of Culture, Arts and Leisure.33The Foyle, Carlingford and Irish Lights Commission.34The Fisheries Conservancy Board for Northern Ireland.35A Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 .36A Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 .37The Health and Safety Executive for Northern Ireland.38The Northern Ireland Central Services Agency for the Health and Social Services.39The Fire Authority for Northern Ireland.40The Northern Ireland Housing Executive.SCHEDULE 2 Persons having the appropriate permissionSection 49. Requirement that appropriate permission is granted by a judge11Subject to the following provisions of this Schedule, a person has the appropriate permission in relation to any protected information if, and only if, written permission for the giving of section 49 notices in relation to that information has been granted—ain England and Wales, by a Circuit judge;bin Scotland, by a sheriff; orcin Northern Ireland, by a county court judge.2Nothing in paragraphs 2 to 5 of this Schedule providing for the manner in which a person may be granted the appropriate permission in relation to any protected information without a grant under this paragraph shall be construed as requiring any further permission to be obtained in a case in which permission has been granted under this paragraph. Data obtained under warrant etc.21This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) where the statutory power in question is one exercised, or to be exercised, in accordance with—aa warrant issued by the Secretary of State or a person holding judicial office; orban authorisation under Part III of the Police Act 1997 (authorisation of otherwise unlawful action in respect of property).2Subject to sub-paragraphs (3) to (5) and paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—athe warrant or, as the case may be, the authorisation contained the relevant authority’s permission for the giving of section 49 notices in relation to protected information to be obtained under the warrant or authorisation; orbsince the issue of the warrant or authorisation, written permission has been granted by the relevant authority for the giving of such notices in relation to protected information obtained under the warrant or authorisation.3Only persons holding office under the Crown, the police , SOCA, SCDEA and Her Majesty's Revenue and Customs shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by the Secretary of State.4Only a person who—awas entitled to exercise the power conferred by the warrant, orbis of the description of persons on whom the power conferred by the warrant was, or could have been, conferred,shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by a person holding judicial office.5Only the police , SOCA, SCDEA and Her Majesty's Revenue and Customs shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under an authorisation under Part III of the Police Act 1997.6In this paragraph “the relevant authority”—ain relation to a warrant issued by the Secretary of State, means the Secretary of State;bin relation to a warrant issued by a person holding judicial office, means any person holding any judicial office that would have entitled him to issue the warrant; andcin relation to protected information obtained under an authorisation under Part III of the Police Act 1997, means (subject to sub-paragraph (7)) an authorising officer within the meaning of section 93 of that Act.7Section 94 of the Police Act 1997 (power of other persons to grant authorisations in urgent cases) shall apply in relation to—aan application for permission for the giving of section 49 notices in relation to protected information obtained, or to be obtained, under an authorisation under Part III of that Act, andbthe powers of any authorising officer (within the meaning of section 93 of that Act) to grant such a permission,as it applies in relation to an application for an authorisation under section 93 of that Act and the powers of such an officer under that section.8References in this paragraph to a person holding judicial office are references to—aany judge of the Crown Court or of the High Court of Justiciary;bany sheriff;cany justice of the peace;dany resident magistrate in Northern Ireland; oreany person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.9Protected information that comes into a person’s possession by means of the exercise of any statutory power which—ais exercisable without a warrant, butbis so exercisable in the course of, or in connection with, the exercise of another statutory power for which a warrant is required,shall not be taken, by reason only of the warrant required for the exercise of the power mentioned in paragraph (b), to be information in the case of which this paragraph applies. Data obtained by the intelligence services under statute but without a warrant31This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) which—ahas come into the possession of any of the intelligence services or is likely to do so; andbis not information in the case of which paragraph 2 applies.2Subject to paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if written permission for the giving of section 49 notices in relation to that information has been granted by the Secretary of State.3Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both—aone or more of the intelligence services, andba public authority which is not one of the intelligence services,as if a grant of permission under paragraph 1 were unnecessary only where the application to the Secretary of State for permission under that sub-paragraph is made by or on behalf of a member of one of the intelligence services. Data obtained under statute by other persons but without a warrant41This paragraph applies—ain the case of protected information falling within section 49(1)(a), (b) or (c) which is not information in the case of which paragraph 2 or 3 applies; andbin the case of protected information falling within section 49(1)(d) which is not information also falling within section 49(1)(a), (b) or (c) in the case of which paragraph 3 applies.2Subject to paragraph 6, where—athe statutory power was exercised, or is likely to be exercised, by the police, SOCA,SCDEA,Her Majesty's Revenue and Customs or a member of Her Majesty’s forces, orbthe information was provided or disclosed, or is likely to be provided or disclosed, to the police, SOCA,SCDEA,Her Majesty's Revenue and Customs or a member of Her Majesty’s forces, orcthe information is in the possession of, or is likely to come into the possession of, the police, SOCA,SCDEA,Her Majesty's Revenue and Customs or a member of Her Majesty’s forces,the police, SOCA,SCDEA,Her Majesty's Revenue and Customs or, as the case may be, members of Her Majesty’s forces have the appropriate permission in relation to the protected information, without any grant of permission under paragraph 1.3In any other case a person shall not have the appropriate permission by virtue of a grant of permission under paragraph 1 unless he is a person falling within sub-paragraph (4).4A person falls within this sub-paragraph if, as the case may be—ahe is the person who exercised the statutory power or is of the description of persons who would have been entitled to exercise it;bhe is the person to whom the protected information was provided or disclosed, or is of a description of person the provision or disclosure of the information to whom would have discharged the statutory duty; orche is a person who is likely to be a person falling within paragraph (a) or (b) when the power is exercised or the protected information provided or disclosed. Data obtained without the exercise of statutory powers51This paragraph applies in the case of protected information falling within section 49(1)(e).2Subject to paragraph 6, a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—athe information is in the possession of any of the intelligence services, or is likely to come into the possession of any of those services; andbwritten permission for the giving of section 49 notices in relation to that information has been granted by the Secretary of State.3Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both—aone or more of the intelligence services, andbthe police , SOCA, SCDEA or Her Majesty's Revenue and Customs ,as if a grant of permission under paragraph 1 were unnecessary only where the application to the Secretary of State for permission under that sub-paragraph is made by or on behalf of a member of one of the intelligence services. General requirements relating to the appropriate permission61A person does not have the appropriate permission in relation to any protected information unless he is either—aa person who has the protected information in his possession or is likely to obtain possession of it; orba person who is authorised (apart from this Act) to act on behalf of such a person.2Subject to sub-paragraph (3), a constable does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—ahe is of or above the rank of superintendent; orbpermission to give a section 49 notice in relation to that information has been granted by a person holding the rank of superintendent, or any higher rank.3In the case of protected information that has come into the police’s possession by means of the exercise of powers conferred by—asection 44 of the Terrorism Act 2000 (power to stop and search), orbsection 13A or 13B of the Prevention of Terrorism (Temporary Provisions) Act 1989 (which had effect for similar purposes before the coming into force of section 44 of the Terrorism Act 2000),the permission required by sub-paragraph (2) shall not be granted by any person below the rank mentioned in section 44(4) of that Act of 2000 or, as the case may be, section 13A(1) of that Act of 1989.3AA member of the staff of the Serious Organised Crime Agency does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—aby the Director General; orbby a member of the staff of the Agency of or above such level as the Director General may designate for the purposes of this sub-paragraph.3BA member of the Scottish Crime and Drug Enforcement Agency does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless–ahe is of or above the rank of superintendent; orbpermission to give a section 49 notice in relation to that information has been granted by the Director General of that Agency;4An officer of Revenue and Customs does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—aby the Commissioners for Her Majesty's Revenue and Customs ; orbby an officer of Revenue and Customs of or above such level as the Commissioners may designate for the purposes of this sub-paragraph.5A member of Her Majesty’s forces does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—ahe is of or above the rank of lieutenant colonel or its equivalent; orbpermission to give a section 49 notice in relation to that information has been granted by a person holding the rank of lieutenant colonel or its equivalent, or by a person holding a rank higher than lieutenant colonel or its equivalent.6In sub-paragraph (2) “constable” does not include a constable who is a member of the staff of the Serious Organised Crime Agency or a constable who is a member of the Scottish Crime and Drug Enforcement Agency . Duration of permission71A permission granted by any person under any provision of this Schedule shall not entitle any person to give a section 49 notice at any time after the permission has ceased to have effect.2Such a permission, once granted, shall continue to have effect (notwithstanding the cancellation, expiry or other discharge of any warrant or authorisation in which it is contained or to which it relates) until such time (if any) as it—aexpires in accordance with any limitation on its duration that was contained in its terms; orbis withdrawn by the person who granted it or by a person holding any office or other position that would have entitled him to grant it. Formalities for permissions granted by the Secretary of State8A permission for the purposes of any provision of this Schedule shall not be granted by the Secretary of State except—aunder his hand; orbin an urgent case in which the Secretary of State has expressly authorised the grant of the permission, under the hand of a senior official.SCHEDULE 3 The TribunalSection 65. Membership of the Tribunal11A person shall not be appointed as a member of the Tribunal unless he is—aa person who holds or has held a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council);ba person who satisfies the judicial-appointment eligibility condition on a 7-year basis;can advocate or solicitor in Scotland of at least seven years’ standing; orda member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least seven years’ standing.2Subject to the following provisions of this paragraph, the members of the Tribunal shall hold office during good behaviour.3A member of the Tribunal shall vacate office at the end of the period of five years beginning with the day of his appointment, but shall be eligible for reappointment.4A member of the Tribunal may be relieved of office by Her Majesty at his own request.5A member of the Tribunal may be removed from office by Her Majesty on an Address presented to Her by both Houses of Parliament.6If the Scottish Parliament passes a resolution calling for the removal of a member of the Tribunal, it shall be the duty of the Secretary of State to secure that a motion for the presentation of an Address to Her Majesty for the removal of that member, and the resolution of the Scottish Parliament, are considered by each House of Parliament. President and Vice-President21Her Majesty may by Letters Patent appoint as President or Vice-President of the Tribunal a person who is, or by virtue of those Letters will be, a member of the Tribunal.2A person shall not be appointed President of the Tribunal unless he holds or has held a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council).3If at any time—athe President of the Tribunal is temporarily unable to carry out any functions conferred on him by this Schedule or any rules under section 69, orbthe office of President of the Tribunal is for the time being vacant,the Vice-President shall carry out those functions.4A person shall cease to be President or Vice-President of the Tribunal if he ceases to be a member of the Tribunal. Members of the Tribunal with special responsibilities31The President of the Tribunal shall designate one or more members of the Tribunal as the member or members having responsibilities in relation to matters involving the intelligence services.2It shall be the duty of the President of the Tribunal, in exercising any power conferred on him by rules under section 69 to allocate the members of the Tribunal who are to consider or hear any complaint, proceedings, reference or preliminary or incidental matter, to exercise that power in a case in which the complaint, proceedings or reference relates to, or to a matter involving—aan allegation against any of the intelligence services or any member of any of those services, orbconduct by or on behalf of any of those services or any member of any of those services,in such manner as secures that the allocated members consist of, or include, one or more of the members for the time being designated under sub-paragraph (1). Salaries and expenses41The Secretary of State shall pay to the members of the Tribunal out of money provided by Parliament such remuneration and allowances as he may with the approval of the Treasury determine.2Such expenses of the Tribunal as the Secretary of State may with the approval of the Treasury determine shall be defrayed by him out of money provided by Parliament. Officers51The Secretary of State may, after consultation with the Tribunal and with the approval of the Treasury as to numbers, provide the Tribunal with such officers as he thinks necessary for the proper discharge of their functions.2The Tribunal may authorise any officer provided under this paragraph to obtain any documents or information on the Tribunal’s behalf. Parliamentary disqualification6In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted (at the appropriate places) the following entry—The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.SCHEDULE 4 Consequential amendmentsSection 82. The Post Office Act 1953 (c. 36)1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Post Office Act 1969 (c. 48)2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Telecommunications Act 1984 (c. 12)3In section 45 of the Telecommunications Act 1984 (offence of disclosing of messages and use of telecommunication system), for subsections (2) and (3) there shall be substituted—2Subsection (1) above does not apply to any disclosure made—ain accordance with the order of any court or for the purposes of any criminal proceedings;bin accordance with any warrant, authorisation or notice issued, granted or given under any provision of the Regulation of Investigatory Powers Act 2000;cin compliance with any requirement imposed (apart from that Act) in consequence of the exercise by any person of any statutory power exercisable by him for the purpose of obtaining any document or other information; ordin pursuance of any duty under that Act of 2000, or under Part III of the Police Act 1997, to provide information or produce any document to the Interception of Communications Commissioner or to the tribunal established under section 65 of that Act of 2000.3In subsection (2) above “criminal proceedings” and “statutory power” have the same meanings as in the Regulation of Investigatory Powers Act 2000. The Security Service Act 1989 (c. 5)41In section 1 of the Security Service Act 1989 (functions of the Security Service), after subsection (4) there shall be inserted—5Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.2In section 2(2)(a) of that Act (duty of Director General to secure that information not disclosed except for authorised purposes), for “preventing or detecting” there shall be substituted “ the prevention or detection of ”. The Official Secrets Act 1989 (c. 6)5In section 4(3)(a) of the Official Secrets Act 1989 (offence of disclosing interception information), after “1985” there shall be inserted “ or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000 ”. The Intelligence Services Act 1994 (c. 13)6In section 11 of the Intelligence Services Act 1994 (interpretation), after subsection (1) there shall be inserted—1ASection 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act. The Criminal Procedure and Investigations Act 1996 (c. 25)71In each of sections 3(7), 7(6), 8(6) and 9(9) of the Criminal Procedure and Investigations Act 1996 (exceptions for interceptions from obligations to make disclosures to the defence), for paragraphs (a) and (b) there shall be substituted “ it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000. ”2In section 23(6) of that Act (code of practice not to apply to material intercepted under the Interception of Communications Act 1985), after “1985” there shall be inserted “ or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000 ”. The Police Act 1997 (c. 50)81In section 91(9) of the Police Act 1997 (staff for Surveillance Commissioners)—aafter “Chief Commissioner” there shall be inserted “ and subject to the approval of the Treasury as to numbers ”; andbafter “Commissioners” there shall be inserted “ and any Assistant Surveillance Commissioners holding office under section 63 of the Regulation of Investigatory Powers Act 2000 ”.2In section 93(3) of that Act (persons who may make an application to an authorising officer within section 93(5))—ain paragraph (a), for “(e)” there shall be substituted “ (ea) or (ee) ”; andbafter that paragraph there shall be inserted—aaif the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police;.3In section 94(1) of that Act (circumstances in which authorisations may be given in absence of authorising officer), in paragraph (b), for “, (f), (g) or (h)” there shall be substituted “ or (f) ”, and after that paragraph there shall be insertedor cif the authorising officer is within paragraph (g) of section 93(5), it is also not reasonably practicable for the application to be considered either—iby any other person designated for the purposes of that paragraph; oriiby the designated deputy of the Director General of the National Crime Squad.4In section 94(2) of that Act (persons who may act in absence of the authorising officer)—aafter paragraph (d), there shall be inserted—dawhere 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;dbwhere the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the Royal Navy Regulating Branch;dcwhere 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;ddwhere the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the British Transport Police;;bin paragraph (e), the words “or (g)” and “or, as the case may be, of the National Crime Squad” shall be omitted; andc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6In section 95 of that Act (authorisations: form and duration etc.)—ain each of subsections (4) and (5), for the words from “the action” onwards there shall be substituted “ the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied. ”; andbin subsection (6), for “or (e)” there shall be substituted “ , (e) or (g) ”.7In section 97 of that Act (authorisations requiring approval), in subsection (6), the words from “(and paragraph 7” onwards shall be omitted, and after that subsection there shall be inserted—6AThe 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), (e) or (g) of section 93(5), as a reference to the Commissioner of Police, Chief Constable or, as the case may be, Director General mentioned in the paragraph concerned.8In section 103(7) of that Act (quashing authorisations), for the words from “and paragraph 7” onwards there shall be substituted “ and 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. ”9In section 105 of that Act (appeals by authorising officers: supplementary), in subsection (1)(a), the word “and” shall be inserted at the end of sub-paragraph (i), and sub-paragraph (iii) and the word “and” immediately preceding it shall be omitted.10In section 107 of that Act—ain subsection (2) (report of Chief Surveillance Commissioner on the discharge of his functions under Part III of that Act)—ifor “the discharge of functions under this Part” there shall be substituted “ the matters with which he is concerned ”; andiifor “any matter relating to those functions” there shall be substituted “ anything relating to any of those matters ”;bin subsection (4) (matters that may be excluded from a report), for “the prevention or detection of serious crime or otherwise” there shall be substituted “ any of the purposes for which authorisations may be given or granted under this Part of this Act 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 or ”; andcafter subsection (5) (duty to co-operate with the Chief Surveillance Commissioner) there shall be inserted the subsections set out in sub-paragraph (11).11The subsections inserted after subsection (5) of section 107 of that Act are as follows—5AIt shall be the duty of—aevery person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Chief Commissioner,bevery person who has engaged in conduct with the authority of such an authorisation,cevery person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a),devery person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II of the Regulation of Investigatory Powers Act 2000) activities which are or may be subject to any such review have been or may be carried out, andeevery person to whom a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (notices imposing a disclosure requirement in respect of information protected by a key) has been given in relation to any information obtained by conduct to which such an authorisation relates,to disclose or provide to the Chief Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.5BIt shall be the duty of every Commissioner to give the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 all such assistance (including his opinion as to any issue falling to be determined by that tribunal) as that tribunal may require—ain connection with the investigation of any matter by that tribunal; orbotherwise for the purposes of that tribunal’s consideration or determination of any matter.5CIn this section “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.12In section 108(1) of that Act after “In this Part—” there shall be inserted—“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;.13In Part VII of that Act, before section 134 there shall be inserted— Meaning of “<Term>prevention</Term>” and “<Term>detection</Term>”.133ASection 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I. The Northern Ireland Act 1998 (c. 47)9In paragraph 17(b) of Schedule 2 to the Northern Ireland Act 1998 (excepted matters), for “the Interception of Communications Act 1985” there shall be substituted “ Chapter I of Part I of the Regulation of Investigatory Powers Act 2000 ”. The Electronic Communications Act 2000 (c. 7)10In section 4(2) of the Electronic Communications Act 2000 (exception to rules restricting disclosure of information obtained under Part I of that Act), for the word “or” at the end of paragraph (e) there shall be substituted—eafor the purposes of any proceedings before the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000; or. The Financial Services and Markets Act 2000 (c. 8)11In section 394(7) of the Financial Services and Markets Act 2000 (exclusion of material from material of the Authority to which a person must be allowed access), for paragraphs (a) and (b) there shall be substituted—ais material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000; or The Terrorism Act 2000 (c. 11)121In section 9(2)(d) of the Terrorism Act 2000 (proceedings under the Human Rights Act 1998), for “8” there shall be substituted “ 7 ”.2In each of paragraphs 6(3) and 7(5) of Schedule 3 to that Act (references to an organisation and representative in paragraphs 5 and 8 of that Schedule), for “paragraphs 5 and 8” there shall be substituted “ paragraph 5 ”. SCHEDULE 5 RepealsSection 82.
ChapterShort titleExtent of repeal
1975 c. 24.The House of Commons Disqualification Act 1975.In Part II of Schedule 1, the words “The Tribunal established under the Interception of Communications Act 1985”, “The Tribunal established under the Security Service Act 1989”, and “The Tribunal established under section 9 of the Intelligence Services Act 1994”.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Part II of Schedule 1, the words “The Tribunal established under the Interception of Communications Act 1985”, “The Tribunal established under the Security Service Act 1989”, and “The Tribunal established under section 9 of the Intelligence Services Act 1994”.
1985 c. 56.The Interception of Communications Act 1985.Sections 1 to 10.
Section 11(3) to (5).
Schedule 1.
1989 c. 5.The Security Service Act 1989.Sections 4 and 5.
Schedules 1 and 2.
1989 c. 6.The Official Secrets Act 1989.In Schedule 1, paragraph 3.
1990 c. 41.The Courts and Legal Services Act 1990.In Schedule 10, paragraphs 62 and 74.
1994 c. 13.The Intelligence Services Act 1994.In section 6(1)(b), the words “of his department”.
In section 7(5)(b), the words “of his department”.
Sections 8 and 9.
In section 11(1), paragraph (b).
Schedules 1 and 2.
1997 c. 50.The Police Act 1997.In section 93(6), paragraph (f) and the word “and” immediately preceding it.
In section 94(1), the word “or” at the end of paragraph (a).
In section 94(2)(e), the words “or (g)” and “or, as the case may be, of the National Crime Squad”.
In section 94(4)—
(a) the words “in his absence”, in each place where they occur; and
(b) paragraph (d) and the word “and” immediately preceding it.
In section 97(6), the words from “(and paragraph 7” onwards.
Sections 101 and 102.
In section 104—
(a) in subsection (1), paragraph (g);
(b) in each of subsections (4), (5) and (6), paragraph (b) and the word “or” immediately preceding it;
(c) in subsection (8), paragraph (b) and the word “and” immediately preceding it.
In section 105(1)(a), sub-paragraph (iii) and the word “and” immediately preceding it.
Section 106.
Section 107(6).
Schedule 7.
1997 c. 68.The Special Immigration Appeals Commission Act 1997.Section 5(7).
1998 c. 37.The Crime and Disorder Act 1998.Section 113(1) and (3).
2000 c. 11.The Terrorism Act 2000.In Schedule 3, paragraph 8.
Foreign surveillance operations76A1This section applies where—aa foreign police or customs officer is carrying out relevant surveillance outside the United Kingdom which is lawful under the law of the country or territory in which it is being carried out;bcircumstances arise by virtue of which the surveillance can for the time being be carried out only in the United Kingdom; andcit is not reasonably practicable in those circumstances for a United Kingdom officer to carry out the surveillance in the United Kingdom in accordance with an authorisation under Part 2 or the Regulation of Investigatory Powers (Scotland) Act 2000.2“Relevant surveillance” means surveillance which—ais carried out in relation to a person who is suspected of having committed a relevant crime; andbis, for the purposes of Part 2, directed surveillance or intrusive surveillance.3“Relevant crime” means crime which—afalls within Article 40(7) of the Schengen Convention; orbis crime for the purposes of any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.4Relevant surveillance carried out by the foreign police or customs officer in the United Kingdom during the permitted period is to be lawful for all purposes if—athe condition mentioned in subsection (6) is satisfied;bthe officer carries out the surveillance only in places to which members of the public have or are permitted to have access, whether on payment or otherwise; andcconditions specified in any order made by the Secretary of State with the consent of the Scottish Ministers are satisfied in relation to its carrying out;but no surveillance is lawful by virtue of this subsection if the officer subsequently seeks to stop and question the person in the United Kingdom in relation to the relevant crime.5The officer is not to be subject to any civil liability in respect of any conduct of his which is incidental to any surveillance that is lawful by virtue of subsection (4).6The condition in this subsection is satisfied if, immediately after the officer enters the United Kingdom—ahe notifies a person designated by the Director General of the Serious Organised Crime Agency of that fact; andb(if the officer has not done so before) he requests an application to be made for an authorisation under Part 2, or the Regulation of Investigatory Powers (Scotland) Act 2000, for the carrying out of the surveillance.7“The permitted period” means the period of five hours beginning with the time when the officer enters the United Kingdom.8But a person designated by an order made by the Secretary of State may notify the officer that the surveillance is to cease being lawful by virtue of subsection (4) when he gives the notification.9The Secretary of State is not to make an order under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.10In this section references to a foreign police or customs officer are to a police or customs officer who, in relation to a country or territory other than the United Kingdom, is an officer for the purposes of—aArticle 40 of the Schengen Convention; orbany other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.11In this section—“the Schengen Convention” means the Convention implementing the Schengen Agreement of 14th June 1985;“United Kingdom officer” means—a member of a police force;a member of the staff of the Serious Organised Crime Agency ;a police member of the Scottish Crime and Drug Enforcement Agency appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10);an officer of Revenue and Customs.S. 1 wholly in force; S. 1 not in force at Royal Assent see s. 83(2); S. 1 except for subsection (3) in force at 2.10.2000 and S. 1(3) in force at 24.10.2000 by S.I. 2000/2543, arts. 3, 4Words in s. 3(4)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(2)S. 3(5)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(3)(a)Words in s. 3(5)(c) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(3)(b)1952 c. 52. 1989 c. 45. 1953 c. 18 (N.I.). Words in s. 4(5) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 208(a) (with Sch. 3 Pt. 1)1978 c. 29. S.I. 1995/574. Words in s. 4(8) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2)(3), Sch. 1 para. 76(2)Words in s. 4(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 208(b) (with Sch. 3 Pt. 1)1978 c. 29. 1952 c. 52. 1953 c. 18 (N.I.). 1989 c. 45. 1991 c. 53. 1994 c. 33. 1989 c. 45. S. 5 modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 2 (with art. 6)S. 5: functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253, arts. 1(1)(3), 3, Sch. 2 (with art. 6)S. 5: certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2, Sch. 1 para. 1S. 5: transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2S. 5 modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 1 (with art. 6)S. 5: functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6)Words in s. 6(2)(d) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 132(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 6(2)(da) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(2)1967 c. 77. S. 6(2)(h) restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(a); S. I. 2005/1126, art. 2(2)(d)Words in s. 6(2)(h) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 6; S.I. 2008/219, art. 2(b)Words in s. 6(3) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 132(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 7(1)(a) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(a) (with art. 6)Words in s. 7(1)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(b) (with art. 6)S. 7(1)(c) and word immediately preceding it inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(c) (with art. 6)S. 7(2)(aa) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(d) (with art. 6)S. 9(1)(b)(3) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 3(1) (with art. 6)S. 9(1)(b)(3): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253,, arts. 1(1)(3), 3, Sch. 2 (with art. 6)S. 9(1)(b)(3): certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2, Sch. 1 para. 2S. 9(1)(b)(3): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2S. 9(1)(b) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6)S. 9(1)(b): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6)Words in s. 9(1)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 5 (with art. 6)S. 9(3) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6)S. 9(3): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6)S. 9(6)(ab) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(2), 39(2); S.I. 2006/1013, art. 2(2)(b)S. 10(1)(a)(2) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 2 (with art. 6)S. 10(1)(a)(2): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253, arts. 1(1)(3), 3, Sch. 2 (with art. 6)S. 10(1)(a)(2): certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2, Sch. 1 para. 2S. 10(1)(a): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2S. 10(1)(a) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6)S. 10(1)(a): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6)S. 10(2): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2S. 10(2) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6)S. 10(2): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6)S. 10(4A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(a) (with art. 6)S. 10(5A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(b) (with art. 6)S. 10(6)(6A) substituted (13.4.2006) for s. 10(6) by Terrorism Act 2006 (c. 11), ss. 32(3), 39(2); S.I. 2006/1013, art. 2(2)(b)Words in s. 10(9)(a) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(d)(i) (with art. 6)Words in s. 10(9)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(d)(ii) (with art. 6)Word in s. 10(9)(b) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(4), 39(2); S.I. 2006/1013, art. 2(2)(b)1988 c. 36. 1988 c. 36. S. 15(1): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253 arts. 1(1)(3), 3, Sch. 2 (with art. 6)S. 15(1) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 2 (with art. 6)S. 15(1): certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2, Sch. 1 para. 2S. 15(1): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2S. 15(1) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6)S. 15(1): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6)1958 c. 51. 1923 c. 20 (N.I.). Words in s. 16(3)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(5)(a), 39(2); S.I. 2006/1013, art. 2(2)(b)S. 16(3A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(6), 39(2); S.I. 2006/1013, art. 2(2)(b)Words in s. 16(5)(c) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(5)(b), 39(2); S.I. 2006/1013, art. 2(2)(b)S. 16(5A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(7), 39(2); S.I. 2006/1013, art. 2(2)(b)Words in s. 17(1) inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 20(2) (with ss. 44, 50); S.I. 2005/1432, art. 21985 c. 56. 1985 c. 56. S. 17(3)(c) substituted (1.4.2006) for s. 17(3)(c)(d) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 133(1) (with Sch. 4 para. 133(2)); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 17(3)(ca) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(3)Words in s. 17(4) substituted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 20(3) (with ss. 44, 50); S.I. 2005/1432, art. 2S. 18(1)(db) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 69(2), 100(2) (with s. 101(2))S. 18(1)(dc) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), ss. 28(2), 55(1) (with s. 44)Words in s. 18(2) substituted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(3)S. 18(2)(za) inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(4)S. 18(2)(zb) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 69(3), 100(2) (with s. 101(2))Words in s. 18(2)(zb) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), ss. 28(3), 55(1) (with s. 44)1997 c. 68. 1985 c. 56. Word in s. 18(5) repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 49, 51, Sch. 2 para. 21(2), Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 21985 c. 56. Word in s. 18(7) repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 49, 51, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2S. 18(7)(c) and word inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 21(3) (with ss. 44, 50); S.I. 2005/1432, art. 2S. 18(7)(c) substituted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 91, 100, s. 74(1)(2) (with s. 101(2)); S.I. 2009/58, art. 2(b)S. 18(8A) inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 21(4) (with ss. 44, 50); S.I. 2005/1432, art. 2S. 18(11)(c) substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 169; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 41985 c. 56. Words in s. 18(12)(c) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 23Words in s. 18(12)(d) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))Words in s. 18(12)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 135(2) (with art. 4(8))S. 18(12)(e) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1; S.I. 2003/3142, art. 3(2) (with art. 11)1984 c. 12. 1989 c. 6. 1911 c. 28. S. 19(2)(c) substituted (1.4.2006) for s. 19(2)(c)(d) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 134(1) (with Sch. 4 para. 134(2)); S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))S. 19(2)(ca) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(4)S. 21 wholly in force; s. 21 not in force at Royal Assent see s. 83(2); S. 21(4) in force for certain purposes at 2.10.2000 by S.I. 2000/2543, art. 3; s. 21 wholly in force at 5.1.2004 by S.I. 2003./3140, {art. 2(a)}1994 c. 13. 1997 c. 50. Words in s. 21(5)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 7; S.I. 2008/219, art. 2(b)S. 22(3A)-(3I) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. {7(2)}, 116; S.I. 2009/3096, art. 3(b)Words in s. 22(5) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 13; S.I. 2009/3096, art. 3(v)1988 c. 36. Words in s. 23(1)(4)(5)(6) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 14; S.I. 2009/3096, art. 3(v)Words in s. 23(3) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 7(3) 116; S.I. 2009/3096, art. 3(b)S. 23(3A)-(3F) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 7(4), 116; S.I. 2009/3096, art. 3(b)Words in s. 23(1)(4)(5)(6) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 14; S.I. 2009/3096, art. 3(v)Words in s. 23(1)(4)(5)(6) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 14; S.I. 2009/3096, art. 3(v)Words in s. 23(1)(4)(5)(6) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 14; S.I. 2009/3096, art. 3(v)S. 25(1): para. (b) in the definition of "relevant public authority" substituted (1.4.2006) for paras. (b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 25(1): para (ca) in the definition of "relevant public authority" inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(5)S. 25(1): para. (d) in the definition of "relevant public authority" substituted (15.2.2008) for paras. (d)(e) by Serious Crime Act 2007 (c. 27), ss. 88, 94 {Sch. 12 para. 8}; S.I. 2008/219, art. 2(b)S. 25(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 25(4)(5) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(4); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 26(6)(a) substituted (1.4.2004) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 161(2) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 4(2), Sch. 21994 c. 13. 1997 c. 50. Words in s. 27(4)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 9; S.I. 2008/219, art. 2(b)S. 29(2)(c) modified (6.11.2000) by S.I. 2000/2793, art. 4S. 29(2)(c) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 8(2), 116; S.I. 2009/3096, art. 3(c)S. 29(2A) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 8(3), 116; S.I. 2009/3096, art. 3(c)S. 29(4A)(4B) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 8(4), 116; S.I. 2009/3096, art. 3(c)S. 29(7A)(7B) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 8(5), 116; S.I. 2009/3096, art. 3(c)S. 29(10) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 8(6), 116; S.I. 2009/3096, art. 3(c)S. 31(2)(b) repealed (15.11.2001) by S.I. 2001/3686, art. 6(17)(a) (with art. 8)S.I. 1979/1573 (N.I. 12). 1954 c. 33 (N.I.). 1998 c. 47. S. 32 modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 4(1) (with art. 6)S. 32: functions transferred to the Scottish Ministers (15.12.2000) by virtue of S.I. 2000/3253 arts. 1(1)(3), 3, Sch. 2 (with art. 6)S. 32(3A) inserted (20.6.2003) by 2002 c. 40, ss. 199(2)(a), 27; S.I. 2003/1397, art. 2(1), Sch.1996 c. 16. 1967 c. 77. Words in s. 32(6)(g) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 170; S.I. 2007/1442, art. 2(1)S. 32(6)(k) substituted for s. 32(6)(k)(l) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 136; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 32(6)(m) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 10; S.I. 2008/219, art. 2(b)Words in s. 33(1) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(2)(a), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))Words in s. 33(1) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(2)(b), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))Words in s. 33(1) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(2), 116; S.I. 2009/3096, art. 3(d)S. 33(1ZA)-(1ZF) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(3), 116; S.I. 2009/3096, art. 3(d)S. 33(1A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 33(1B) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(6)(a)S. 33(2) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11(a); S.I. 2008/219, art. 2(b)Words in s. 33(3) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(4), 116; S.I. 2009/3096, art. 3(d)Words in s. 33(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(4)(a), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))Words in s. 33(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(4)(b), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))S. 33(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(5); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 33(3ZA)-(3ZF) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(5), 116; S.I. 2009/3096, art. 3(d)S. 33(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11(b); S.I. 2008/219, art. 2(b)S. 33(4A) inserted (20.6.2003) by 2002 c. 40, ss. 199(3), 279; S.I. 2003/1397, art. 2(1), Sch.Words in s. 33(5)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(6); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 33(5)(a) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(6)(b)Words in s. 33(5)(a) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11(c); S.I. 2008/219, art. 2(b)Words in s. 33(5)(a) inserted (20.6.2003) by 2002 c. 40, ss. 199(4), 279; S.I. 2003/1397, art. 2(1), Sch.1997 c. 50. S. 33(5A)(5B) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 9(6), 116; S.I. 2009/3096, art. 3(d)1996 c. 16. 1967 c. 77. 1987 c. 4. Words in s. 33(6)(d) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 171(2)(a); S.I. 2007/1442, art. 2(1)Words in s. 33(6)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(7)(a), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))S. 33(6)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 137(7)(b), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))S. 33(7) substituted (28.3.2009 for certain purposes otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 171(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4Words in s. 34(1)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 138(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 34(1)(a) inserted (20.6.2003) by 2002 c. 40, ss. 199(5)(a), 279; S.I. 2003/1397, art. 2(1), Sch.Words in s. 34(1) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 12(a); S.I. 2008/219, art. 2(b)Words in s. 34(2)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 138(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 34(2)(a) inserted (20.6.2003) by 2002 c. 40, ss. 199(5)(b), 279; S.I. 2003/1397, art. 2(1), Sch.Words in s. 34(2)(a) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 12(b); S.I. 2008/219, art. 2(b)1996 c. 16. 1967 c. 77. Words in s. 34(4)(g) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 172(a); S.I. 2007/1442, art. 2(1)Words in s. 34(4)(g) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 172(b); S.I. 2007/1442, art. 2(1)S. 34(4)(j) substituted (1.4.2006) for s. 34(4)(j)(k) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 138(4); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 34(4)(l) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 12(c)(i); S.I. 2008/219, art. 2(b)Words in s. 34(4)(l) inserted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 12(c)(ii); S.I. 2008/219, art. 2(b)S. 34(4)(m) inserted (20.6.2003) by 2002 c. 40, ss. 199(5)(c), 279; S.I. 2003/1397, art. 2(1), Sch.S. 34(5) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 138(5), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))S. 34(6)(a)(aa) substituted (8.11.2006) for s. 34(6)(a) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 391839 c. xciv. S. 34(6)(c) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 138(6), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))Words in s. 35(1) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 139(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 35(1) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 13(a); S.I. 2008/219, art. 2(b)Words in s. 35(1)(10) substituted (20.6.2003) by 2002 c. 40, ss. 199(6)(a), 279; S.I. 2003/1397, art. 2(1), Sch.Words in s. 35(10) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 139(3)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 35(10) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 13(b); S.I. 2008/219, art. 2(b)Words in s. 35(10)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 139(3)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 35(10)(b) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 13(c); S.I. 2008/219, art. 2(b)Word in s. 35(10)(b) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)S. 35(10)(ba) inserted (20.6.2003) by 2002 c. 40, ss. 199(6)(b), 279; S.I. 2003/1397, art. 2(1), Sch.Words in s. 35(10)(c) inserted (20.6.2003) by 2002 c. 40, ss. 199(6)(c), 279; S.I. 2003/1397, art. 2(1), Sch.S. 36(1)(b) substituted (1.4.2006) for s. 36(1)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 140(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 36(1)(d) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 14(a); S.I. 2008/219, art. 2(b)Words in s. 36(6)(b) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 140(3)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 36(6)(d) substituted (1.4.2006) for s. 36(6)(d)(e) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 140(3)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Word in s. 36(6)(f) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)S. 36(6)(g) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 14(b); S.I. 2008/219, art. 2(b)1996 c. 16. 1967 c. 77. Words in s. 37 heading substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 15; S.I. 2008/219, art. 2(b)S. 37(1)(b) substituted (1.4.2006) for s. 37(1)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 141; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 37(1)(d) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 15; S.I. 2008/219, art. 2(b)1997 c. 50. S. 40(b) substituted (1.4.2006) for s. 40(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 142; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 40(d) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 16; S.I. 2008/219, art. 2(b)Words in cross-heading before s. 33 substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11; S.I. 2008/219, art. 2(b)Words in s. 41(7) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 173; S.I. 2007/1442, art. 2(1)S. 42 modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 4(1) (with art. 6)S. 42: functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253, arts. 1(1)(3), 3, Sch. 2 (with art. 6)Words in s 42(1)(2) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 7(a)(b) (with art. 6)1994 c. 13. 1994 c. 13. S. 43(3) modified (6.11.2000) by S.I. 2000/2793, art. 6 (as amended (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 2(7), 9(2) (with s. 2(9)); S.I. 2021/605, reg. 2(a)(b)(c))S.43 applied (with modifications) (16.3.2001) by S.I. 2001/1057, art. 4S. 43(3) modified (1.2.2010) by The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2009 (S.I. 2009/3404), art. 8S. 43(3) modified (18.2.2010) by The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010 (S.I. 2010/123), art. 8S. 44(1)(2)(b) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 5 (with art. 6)S. 44(1)(2)(b): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253, arts. 1(1)(3), 3, Sch. 2 (with art. 6)Words in s. 44(1) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 8(a) (with art. 6)Words in s. 44(2) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 8(b)(i) (with art. 6)Words inserted at the end of s. 44(2) (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 8(b)(ii) (with art. 6)Words in s. 44(3)(a) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 8(c)(i) (with art. 6)Words in s. 44(3)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 8(c)(ii) (with art. 6)S. 45 applied (with modifications) (16.3.2001) by S.I. 2001/1057, art. 5S. 45(1): functions transferred to the Scottish Ministers (15.12.2000) by virtue of S.I. 2000/3253, arts. 1(1)(3), 3, Sch. 2 (with art. 6)S. 45(1)(a) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1), 2, Sch. 1 para. 5 (with art. 6)1996 c. 16. 1967 c. 77. Word in s. 45(6)(b) omitted (1.4.2007) by virtue of The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(7)(a)S. 45(6)(ca) and word inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(7)(b)S. 45(6)(d)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 143(b), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))S. 46(3)(dza) inserted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 8(1); S.I. 2005/877, art. 2(1), Sch. 1S. 46(3)(da) inserted (20.6.2003) by 2002 c. 40, ss. 199(10), 279; S.I. 2003/1397, art. 2(1), Sch.S. 46(3)(db) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 144; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 46(3)(e) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 17; S.I. 2008/219, art. 2(b)Definition in s. 48(1) inserted (20.6.2003) by 2002 c. 40, ss. 199(11), 279; S.I. 2003/1397, art. 2(1), Sch.1994 c. 13. 1997 c. 50. Words in s. 48(3)(c)(ii) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 18; S.I. 2008/219, art. 2(b)Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))Words in s. 49(1)(c) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 15; S.I. 2009/3096, art. 3(v)S. 49(1)(e) restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(c); S.I. 2005/1126, art. 2(2)(d)Words in s. 49(1)(e) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 145; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 49(1)(e) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(8)Words in s. 49(1)(e) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 19; S.I. 2008/219, art. 2(b)Words in s. 51(2) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 146(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 51(2) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(9)(a)(i)Words in s. 51 substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 20(a); S.I. 2008/219, art. 2(b)S. 51(2)(aa) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 146(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 51(2)(ab) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(9)(a)(ii)Words in s. 51 substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 20(b); S.I. 2008/219, art. 2(b)Words in s. 51(3) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 146(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 51(3) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(9)(b)Words in s. 51(6) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 146(4); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 51(6) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(9)(c)Words in s. 53(5)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 15(1)(a), 39(2) (with s. 15(3)); S.I. 2006/1013, art. 2(2)(a)S. 53(5A)(5B) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 15(2), 39(2) (with s. 15(3)); S.I. 2006/1013, art. 2(2)(a)Words in s. 53(5A)(a) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 26(2)(4), 116; S.I. 2009/3096, art. 3(e)S. 53(6)(7) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 26(3)(4), 116; S.I. 2009/3096, art. 3(e)S. 54 restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(d); S.I. 2005/1126, art. 2(2)(d)Words in s. 54(3) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 147; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in s. 54(3) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(10)Word in s. 54(3) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 21; S.I. 2008/219, art. 2(b)S. 55(1)(ba) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 148(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 55(1)(bb) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(11)(a)S. 55(1)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 22; S.I. 2008/219, art. 2(b)S. 55(3B) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(11)(b)S. 55(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 148(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))1996 c. 16. 1967 c. 77. S. 56(1): words in the definition of "chief officer of police" substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 174; S.I. 2007/1442, art. 2(1)S. 56(1): paras (j) and (k) in the definition of "chief officer of police" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 146(a), Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))S. 56(1): definition of "the custom and excise" repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 92, 94, Sch. 12 para. 23, Sch. 14; S.I. 2008/219, art. 2(d)(ii)S. 56(1): words in the definition of "the police" inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 149(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 56(1): words in the definition of "the police" inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(12)(a)S. 56(1): the definition of "SCDEA" inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(12)(b)S. 56(1): definition of "SOCA" inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 149(c); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 57 wholly in force at 1.10.2007; s. 57 not in force at Royal Assent see s. 83(2); s. 57 except s. 57(2)(b)(c)(d)(ii) in force at 2.10.2000 by S.I. 2000/2543, art. 3; s. 57(2)(b) in force at 5.1.2004 by S.I. 2003/3140, art. 2(b); s. 57(2)(c)(d)(ii) in force at 1.10.2007 by S.I. 2007/2196, art. 2S. 57(2)(aa) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 9(a) (with art. 6)Words in s. 57(2)(d)(i) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 9(b) (with art. 6)Words in s. 57(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 30(2); S.I. 2009/1604, art. 2(e)1985 c. 56. S. 58 wholly in force at 1.10.2007; s. 58 not in force at Royal Assent see s. 83(2); s. 58 in force except s. 58(1)(g)(h)(i) and s. 58(1)(j) in respect of s. 58(1)(h)(i) at 2.10.2000 by S.I. 2000/2543, art. 3; s. 58(1)(g)(h)(j) in force at 5.1.2004 by S.I. 2003/3140, art. 2; s. 58(1)(i) in force at 1.10.2007 by S.I. 2007/2196, art. 2(c)S. 58(1)(b) substituted (1.4.2006) for s. 58(1)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 150; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 58(1)(ba) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(13)Words in s. 58(1)(g) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 16; S.I. 2009/3096, art. 3(v)S. 58(5A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 10(a) (with art. 6)S. 58(6A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 10)(b) (with art. 6)Words in s. 58(7) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 10(c) (with art. 6)S. 59 partly in force; s. 59 not in force at royal Assent see s. 83(2); s.59(1)(2)(a)(3)-(10) in force at 2.10.2000 and the rest of s. 59(2) in force at 2.10.2000 for certain purposes by S.I. 2000/2543, art. 3; s. 59(2)(b) in force in so far as not already in force by S.I. 2007/2196, art. 2(d)Words in s. 59(2)(a) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 11(a) (with art. 6)1994 c. 13. Words in s. 59(2)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 11(b)(i) (with art. 6)Words in s. 59(2)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 11(b)(ii) (with art. 6)S. 59(2A) omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), ss. 12, 14(2), Sch. para. 13Words in s. 59(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 30(2); S.I. 2009/1604, art. 2(e)1989 c. 5. 1994 c. 13. 1994 c. 13. Words in s. 60(1)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 12(a) (with art. 6)S. 60(3A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 12(b) (with art. 6)1994 c.13.S. 60(4A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 12(c) (with art. 6)Words in s. 60(5) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 12(d) (with art. 6)Words in s. 61(8)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 30(3); S.I. 2009/1604, art. 2(e)S. 62 wholly in force at 1.10.2007; s. 62 not in force at Royal Assent see s. 82(2); s. 62(1)(a)(2)(3) in force at 25.9.2000 by S.I. 2000/2543, art. 2; s. 62(1)(b)(c) in force at 1.10.2007 by S.I. 2007/2196, art. 2(e)1997 c. 50. 1997 c. 50. S. 65 partly in force; s. 65 not in force at Royal Assent see s. 83(2); s. 65(1)(2)(a)(b)(3)(a)(b)(d)(4)(5)(a)(b)(d)(f)(6)(7)(8)(a)(c)(f)(9)(11) in force at 2.10.2000 by S.I. 2000/2543, art. 3 (subject to transitional provisions in art. 6); s. 65(5)(c)(8)(b) in force at 5.1.2004 by S.I. 2003/3140, art. 2; s. 65(3)(c)(5)(e)(8)(d)(e)(10) in force at 1.10.2007 by S.I. 2007/2196, art. 2(f)S. 65 extended (S.) (29.9.2000) by 2000 asp 11, ss. 23(1)(2), 32(2) (with s. 30); S.I. 2000/341, art. 21998 c.42Words in s. 65(2)(b) omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), ss. 12, 14(2), Sch. para. 14(2)Word at the end of s. 65(3)(c) inserted (21.1.2011) by Identity Documents Act 2010 (c. 40), ss. 12, 14(2), Sch. para. 14(3)(a)S. 65(3)(ca)(cb) and word omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), ss. 12, 14(2), Sch. para. 14(3)(b)S. 65(4A) omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), ss. 12, 14(2), Sch. para. 14(4)S. 65(5)(ca) inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 90, 94, Sch. 5 para. 79(a)(i); S.I. 2004/786, art. 3(1)(2)Word in s. 65(5)(d) inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 90, 94, Sch. 5 para. 79(a)(ii); S.I. 2004/786, art. 3(1)(2)S. 65(6)(d) substituted (1.4.2006) for s. 65(6)(d)(e) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 151; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 65(6)(da) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(14)S. 65(6)(f) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 24; S.I. 2008/219, art. 2(b)S. 65(7A) inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 90, 94, Sch. 5 para. 79(b); S.I. 2004/786, art. 3(1)(2)1985 c. 56. 1997 c. 50. S. 67 partly in force; s. 67 not in force at Royal Assent see s. 83(1); s. 67(2)-(8)(10)-(12) in force at 2.10.2000 and s. 67(1) in force 2.10.2000 for certain purposes by S.I.2543, art. 3S. 67(7) applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(i) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))S. 67(8) applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(i) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))S. 67(10) applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(i) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))S. 67(11) applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(i) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))S. 67(12) applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(i) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))S. 68 wholly in force at 1.10.2007; s. 68 not in force at Royal Assent see s. 83(2); s. 68 in force except s. 68(7)(g)(h)(m) and s. 68(7)(n) in respect of s. 68(7)(m) at 2.10.2000 by S.I. 2000/2543, art. 3; s. 68(7)(g)(h) in force at 5.1.2004 by S.I. 2003/3140, art. 2; s. 68(7)(m) in force and (n) in force for certain purposes at 1.10.2007 by S.I. 2007/2196, art. 2(g)S. 68 applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(ii) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))S. 68(7)(b) substituted (1.4.2006) for s. 68(7)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 152; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 68(7)(ba) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(15)Words in s. 68(7)(g) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 17; S.I. 2009/3096, art. 3(v)1997 c. 50. 1997 c. 50. S. 69 applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(iii) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))1989 c. 5. 1994 c. 13. 1997 c. 50. S. 71 not in force at Royal Assent see s. 83(2); s. 71 in force for certain purposes at 25.9.2000 and 2.10.2000 by S.I. 2000/2543, arts. 2, 3; s. 71 in force for certain other purposes at 13.8.2001 by S.I. 2001/2727, art. 2; s. 71 in force for further certain purposes at 1.10.2007 by S.I. 2007/2196, art. 2(h)1994 c. 13. 1997 c. 50. Words in s. 71(2)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 25; S.I. 2008/219, art. 2(b)S. 72 not in force at Royal Assent see s. 83(2); s. 72 in force for certain purposes at 25.9.2000 and s. 72 in force at 2.10.2000 for certain other purposes by S.I. 2000/2543, arts. 2, 3; s. 72 in force for certain other purposes at 13.8.2001 by S.I. 2001/2727, art. 2; s. 72 in force for further certain purposes at 1.10.2007 by S.I. 2007/2196, art. 2(h)1997 c. 50. Pt. IV (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)Pt. 4 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))S. 73 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 125, 126, Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)1994 c. 13. 1997 c. 50. S. 75(6)(b) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 153, Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to art. 4(2)-(7))1987 c. 4. 1957 c. 53. 1955 c. 18. 1955 c. 19. This version extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland onlyWords in s. 76A(6)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 154(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 76A(11): words in the definition of "United Kingdom officer" substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 154(3)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))S. 76A(11): words substituted (E.W.N.I.) (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(17)Words in s. 76A(11) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 26; S.I. 2008/219, art. 2(b)This version extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland onlyS. 76A(11) modified (S.) (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(16)S. 76A(11): words substituted (S.) (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10), ss. 101, 104, {Sch. 6 para. 8}; S.S.I. 2007/84, art. 3(2) (subject to art. 3(3))S. 76A inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 83, 94; S.I. 2004/786, art. 3(1)(2)Words in s. 78(3)(a) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 80; S.I. 2004/786, art. 3(1)(2)S. 81(1): definition of "customs officer" repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 92, 94, Sch. 12 para. 27, Sch. 14; S.I. 2008/219, art. 2(d)(ii)1994 c. 13. 1955 c. 18. S. 81(1): words in the definition of "Her Majesty's forces" substituted (28.3.2009 for certain purposes, otherwise 30.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4S. 81(1): definition inserted (1.4.2005) by 2002 c. 26, ss. 10, 87, Sch. 4 para. 40; S.R. 2005/109, art. 2, Sch.S. 81(1): words in the definition of "legal proceedings" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 41996 c. 16. 1967 c. 77. S. 81(1): words in the definition of "police force" substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(c); S.I. 2007/1442, art. 2(1)1998 c. 42. 1978 c. 30. S.I. 1979/1573 (N.I. 12). 1997 c. 50. S. 81(1): words in the definition of "wireless telegraphy" substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 241971 c. 80. S. 81(4): words substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 81(4)(a)-(c) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4S. 81(5) applied (25.9.2000) by 1989 c. 5, s. 1(5) (as inserted (25.9.200) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 4(1))S. 81(5) applied (25.9.2000) by 1994 c. 13, s. 11(1A) (as inserted (25.9.2000) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 6 (with s. 82(3)))S. 81(5) applied (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 42(3), 178; S.I. 2005/3495, art. 2(1)(f) (subject to art. 2(2))S. 81(5) applied (24.12.2008) by Counter-Terrorism Act 2008, (c. 28), {ss. 21(4)}, 91, 100 (with s. 101(2)); S.I. 2008/3296, art. 2Words in s. 81(6)(b) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(4)(a); S.I. 2007/1442, art. 2(1)Words in s. 81(6)(b) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(4)(b); S.I. 2007/1442, art. 2(1)Words in s. 81(7) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 11(2); S. I. 2010/2703, art. 2(a)S. 81(8) inserted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 11(3); S. I. 2010/2703, art. 2(a)S. 82 wholly in force; s. 82 not in force at Royal Assent see s. 83(2); s. 82(1)(2) in force for certain purposes at 25.9.2000 and s. 82 in force to the extent that it is not already in force at 2.10.2000 by S.I. 2000/2543, arts. 2, 3 (subject to transitional provisions in arts. 5, 6)Words in s. 82(3) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))Words in s. 82(3) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 135(3) (with art. 4(8))1985 c. 56. 1985 c. 56. 1985 c. 56. S. 83(2) power partly exercised: different dates appointed for specified provisions by S.I. 2000/2543 (with transitional provisions in art. 5, 6); s. 83(2) power partly excercised: 13.8.2001 appointed for other specified provisions by S.I. 2001/2727; s. 83(2) power partly exercised: 5.1.2004 appointed for specified provisions by {S.I. 2003/3140}, art. 2; s. 83(2) power partly exercised: 1.10.2007 appointed for specified provisions by {S.I. 2007/2196}, art. 21988 c.36.2002 c.11.Sch. 1 para. 1A substituted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 8(2); S.I. 2005/877, art. 2(1), Sch. 1Sch. 1 para. 2 substituted (1.4.2006) for Sch. 1 paras. 2, 3 by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 155; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Sch. 1 para. 2 substituted (1.4.2006) for Sch. 1 paras. 2, 3 by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 155; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Sch. 1 para. 4A omitted (6.4.2010) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(2)(a) (with art. 9)S.I. 1975/1224.Sch. 1 para. 1A inserted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 2(2)Sch 1 para. 2A inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(18)Sch. 1 paras. 4A, 4B added (5.5.2005) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005 (S.I. 2005/1084), arts. 1(2), 2(1) (subject to art. 1(3))Sch. 1 para. 7 and cross-heading substituted (15.2.2008) for Sch. 1 paras. 7, 8 and cross-heading by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 28; S.I. 2008/219, art. 2(b)Sch. 1 para. 7 and cross-heading substituted (15.2.2008) for Sch. 1 paras. 7, 8 and cross-heading by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 28; S.I. 2008/219, art. 2(b)Sch. 1 para. 7 and cross-heading substituted for Sch. 1 paras. 7, 8 and cross-heading (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 28; S.I. 2008/219, art. 2(b)Sch. 1 Pt. I: by S.I. 2002/794, art. 5(1)(2), Sch. 1 para. 39, Sch. 2 (with arts. 5(3), 6) it is provided (27.3.2002) that the entry relating to the “Ministry of Agriculture, Fisheries and Food” is repealed and the words “The Department for Environment, Food and Rural Affairs” inserted at the appropriate placeSch. 1 para. 9ZA omitted (13.11.2009) by virtue of The Secretary of State for Business, Innovation and Skills Order 2009 (S.I. 2009/2748), art. 8, Sch. para. 6(b) (with art. 7)Sch. 1 para. 10 omitted (6.4.2010) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(2)(b) (with art. 9)Sch. 1 Pt. I: by S.I. 2002/2626, art. 20, Sch. 2 para. 24(a)(b) it is provided (25.11.2002) that the entry relating to the “Department for Transport, Local Government and the Regions” is repealed, and the words “The Department for Transport” and “the Office of the Deputy Prime Minister” inserted at the appropriate placeBy The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), art. 2(2)(c) (with art. 9) it is provided (6.4.2010) that, in Pt. 1 of Sch. 1, "para. 15B (the Department for Work and Pensions)" is omitted.Sch. 1: entry for the "Department of Trade and Industry" omitted (12.12.2007) by virtue of The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 (S.I. 2007/3224), arts. 1(2), 15, Sch. para. 9(b)Sch. 1: entry inserted (5.3.2009) by virtue of The Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 9, Sch. 2 para. 3Sch. 1 para. 9ZB inserted (13.11.2009) by The Secretary of State for Business, Innovation and Skills Order 2009 (S.I. 2009/2748), art. 8, Sch. para. 6(a) (with art. 7)Sch. 1 para. 9A inserted (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), arts. 1(2), 9, Sch. para. 7Sch. 1 para. 13ZA inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 7Sch. 1 Pt. 1 para. 13A inserted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 2(3)Sch. 1 para. 16 and cross-heading substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 76(3)Sch. 1 para. 16 and cross-heading substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 76(3)Sch. 1 Pt. 1 para. 17 substituted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 2(4)Sch. 1 para. 17A substituted (6.4.2010) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(3) (with art. 9)2004 c.21.Sch. 1 Pt. 1 para. 17A inserted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 2(5)Words in Sch. 1 para. 20A substituted (1.10.2005) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 14 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2005/2455, art. 2(1), Sch.Sch. 1 para. 20D omitted (6.4.2010) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(2)(d) (with art. 9)Sch. 1 para. 20F substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 72; S.I. 2009/462, art. 2, Sch. 1 para. 35(x)Sch. 1 para. 21 repealed (15.11.2001) by S.I. 2001/3686, art. 6(17)(b)Sch. 1 para. 22 repealed (3.7.2002) by S.I. 2002/1555, art. 26Sch. 1 para. 23 omitted (6.4.2010) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(2)(e) (with art. 9)Sch. 1 Pt. 1 para. 17B inserted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 2(6)Sch. 1 Pt. 1 paras. 20A-20D inserted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 2(7)Sch. 1 paras. 20E, 20F inserted (26.7.2006) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006 (S.I. 2006/1874), arts. 1, 2Sch. 1 para. 20G inserted (6.4.2010) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(4) (with art. 9)Sch. 1 para. 23A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 161(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1) Sch. 1 {subject to art. 3(3)}1954 c. 33 (N.I.)Sch. 1 para. 23E inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(1), Sch. 4 para. 26 (with arts. 28-31)Sch. 1 Pt. 1 paras. 23A-23D and heading 'Northern Ireland authorities' inserted (2.7.2002) by Regulation of Investigatory Powers Act 2000 (Amendment) Order (Northern Ireland) 2002 (S.R. 2002/183), arts. 1, 3Sch. 1 para. 24 omitted (6.4.2010) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(5) (with art. 9)Sch. 1 Pt. 1 para. 25 omitted (5.5.2005) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005 (S.I. 2005/1084), arts. 1(2), 2(2) (subject to art. 1(3))Words in Sch. 1 para. 26 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 209(a) (with Sch. 3 Pt. 1)Sch. 1 para. 27 omitted (26.7.2006) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006 (S.I. 2006/1874), art. 3(a)Sch. 1 para. 27A omitted (26.7.2006) by virtue of The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006 (S.I. 2006/1874), art. 3(b)Sch. 1 paras. 27A-27D and cross-headings inserted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 3(2)Sch. 1 Pt. 2 para. 27B and cross-heading substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 68; S.I. 2007/935, art. 5(gg)Sch. 1 Pt. 2 para. 27B and cross-heading substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 68; S.I. 2007/935, art. 5(gg)Sch. 1 para. 27D and cross-heading "The Royal Parks Constabulary" repealed (8.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 161, 174, 178, Sch. 13 para. 10, Sch. 17; S.I. 2006/1085, art. 2(b)(d)(i)Sch. 1 para. 27D and cross-heading "The Royal Parks Constabulary" repealed (8.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 161, 174, 178, Sch. 13 para. 10, Sch. 17; S.I. 2006/1085, art. 2(b)(d)(i)Sch. 1 para. 28 and heading substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), arts. 1, 68, Sch. 4 para. 8; S.I. 2010/1621, arts. 1(1), 2(1), Sch.Sch. 1 para. 28 and heading substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), arts. 1, 68, Sch. 4 para. 8; S.I. 2010/1621, arts. 1(1), 2(1), Sch.S.I. 1991/194 (N.I. 1)S.I. 1972/1265 (N.I. 14)Sch. 1 paras. 27A-27D and cross-headings inserted (5.1.2004) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (S.I. 2003/3171), art. 3(2)Sch. 1 paras. 28A-28E and cross-headings inserted (6.4.2010) by The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), arts. 1(1), 2(6) (with art. 9)Sch. 1 Pt. 2 paras. 29-40 and heading 'Northern Ireland authorities' inserted (2.7.2002) by Regulation of Investigatory Powers Act 2000 (Amendment) Order (Northern Ireland) 2002 (SR 2002/183), arts. 1, {4}1997 c. 50. Sch. 2 para. 2(3) restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(c); S.I. 2005/1126, art. 2(2)(d)Words in Sch. 2 para. 2(3) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in Sch. 2 para. 2(3)(5) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(19)(a)Words in Sch. 2 para. 2(3)(5) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(1); S.I. 2008/219, art. 2(b)Words in Sch. 2 para. 2(5) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))1997 c. 50. 1997 c. 50. 1997 c. 50. Sch. 2 para. 4(2) restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(c); S.I. 2005/1126, art. 2(2)(d)Words in Sch. 2 para. 4(2) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in Sch. 2 para. 4(2) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(19)(b)Words in Sch. 2 para. 4(2) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(1); S.I. 2008/219, art. 2(b)Words in Sch. 2 para. 5(3)(b) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(4); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Word in Sch. 2 para. 5(3)(b) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(19)(c)Words in Sch. 2 para. 5(3)(b) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(1); S.I. 2008/219, art. 2(b)Sch. 2 para. 6(3) modified (18.3.2011) by The Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 5, Sch. 2 para. 42000 c. 11. 1989 c. 4. Sch. 2 para. 6(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(5)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Sch. 2 para. 6(3B) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(19)(d)(i)Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(a)Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(b)Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(c)Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(d)Sch. 2 para. 6(6) added (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(5)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))Words in Sch. 2 para. 6(6) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(19)(d)(ii)Words in Sch. 3 para. 1(1)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 30(2); S.I. 2009/1604, art. 2(e)Sch. 3 para. 1(1)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 33(2); S.I. 2008/1653, art. 2(d)Words in Sch. 3 para. 1(1)(c)(d) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 33(3); S.I. 2008/1653, art. 2(d)Words in Sch. 3 para. 1(1)(d) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)Words in Sch. 3 para. 2(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 30(2); S.I. 2009/1604, art. 2(e)1975 c. 24. 1975 c. 25. Sch. 4 para. 1 repealed (26.3.2001) by S. I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))Sch. 4 para. 2 repealed (26.3.2001) by S. I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))Sch. 4 para. 3 repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1; S.I. 2003/3142, art. 3(2) (with art. 11)1984 c. 12. 1997 c. 50. 1989 c. 5. 1989 c. 6. 1994 c. 13. 1996 c. 25. 1997 c. 50. Sch. 4 para. 8(4)(c) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(hh) (subject to art. 4(2)-(7))Sch. 4 para. 8(5) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(hh) (subject to art. 4(2)-(7))1998 c. 42. 1998 c. 47. 2000 c. 7. 2000 c. 8. 2000 c. 11. 2000 c. 11. Sch. 5 partly in force; Sch. 5 not in force at Royal Assent see s. 83(2); Sch. 5 in force for certain purposes at 25.9.2000 and Sch. 5 in force to the extent that it is not already in force at 2.10.2000 by S.I. 2000/2543, arts. 2, 3 (subject to transitional provisions in art. 6)Sch. A1 inserted (17.6.2011) by The Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340), regs. 1(2), 2(4) {Sch.}S. 18(1)(da) inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(2)Sch. 1 Pt. 1: by S.I. 2001/2568, Sch. para. 18 it is provided that the entry relating to the “Department of Environment, Transport and the Regions” is repealed and the words “The Department for Transport, Local Government and the Regions” inserted at the appropriate placeSch. 1 Pt. 1: by S.I. 2002/1397, art. 12, Sch. para. 16 it is provided (27.6.2002) that the entry relating to the Department of Social Security is repealed and the words “The Department for Work and Pensions” inserted at the appropriate place