SCHEDULES
SCHEDULE 2

Persons having the appropriate permission

Data obtained without the exercise of statutory powers
5
1
This paragraph applies in the case of protected information falling within section 49(1)(e).
2
Subject to paragraph 6, a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—
a
the information is in the possession of any of the intelligence services, or is likely to come into the possession of any of those services; and
b
written permission for the giving of section 49 notices in relation to that information has been granted by the Secretary of State.
3
Sub-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—
a
one or more of the intelligence services, and
b
the police , SOCA or the customs and excise,
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.
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))