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, the National Crime Agency ... 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.
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)
Word in Sch. 2 para. 5(3)(b) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(26)(c)
Words in Sch. 2 para. 5(3)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(4); S.I. 2013/1682, art. 3(v)