SCHEDULES

SCHEDULE 2 Persons having the appropriate permission

General requirements relating to the appropriate permission

6

1

A person does not have the appropriate permission in relation to any protected information unless he is either—

a

a person who has the protected information in his possession or is likely to obtain possession of it; or

b

a person who is authorised (apart from this Act) to act on behalf of such a person.

2

Subject 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—

a

he is of or above the rank of superintendent; or

b

permission 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.

C13

In the case of protected information that has come into the police’s possession by means of the exercise of powers conferred by—

a

F7section 47A of the M1Terrorism Act 2000 (power to stop and search) F8(including that section as it had effect by virtue of the Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), or

b

F9section 44 of the Terrorism Act 2000 or section 13A or 13B of the M2Prevention of Terrorism (Temporary Provisions) Act 1989 (which F10previously had effect for similar purposes,

the permission required by sub-paragraph (2) shall not be granted by any person below the rank mentioned in F11paragraph 14(1) and (2) of Schedule 6B to that Act of 2000 (see the definition of “senior police officer”), section 44(4) of that Act of 2000 or, as the case may be, section 13A(1) of that Act of 1989.

F13A

A F14National Crime Agency officer 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—

a

by the Director General; or

b

by 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.

F123B

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

4

F2An 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—

a

by F3the Commissioners for Her Majesty's Revenue and Customs; or

b

by an officer of F4Revenue and Customs of or above such level as F5the Commissioners may designate for the purposes of this sub-paragraph.

5

A 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—

a

he is of or above the rank of lieutenant colonel or its equivalent; or

b

permission 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.

F66

In sub-paragraph (2) “constable” does not include a constable who is a F15National Crime Agency officerF13....