[F16A.(1) An NCA officer may only carry out relevant investigatory activity in Northern Ireland if one or both of the following conditions is met— U.K.
(a) the NCA officer carries out the relevant investigatory activity with the agreement of the Chief Constable of the Police Service of Northern Ireland;
(b) the NCA officer carries out the relevant investigatory activity in relation to the conduct of a police officer.
(2)The Chief Constable may arrange for a member of the Police Service of Northern Ireland at the rank of Superintendent or above to give agreement for the purposes of sub-paragraph (1)(a) (whether in all cases or in cases specified in the arrangements).
(3)F2In this paragraph “relevant investigatory activity” means any activity which is authorised by ...—
[F3(za)a targeted equipment interference warrant under Part 5 of the Investigatory Powers Act 2016;]
(a)[F4an authorisation granted under any of the following provisions of the] Regulation of Investigatory Powers Act 2000—
(i)section 28 (directed surveillance);
(ii)section 29 (conduct or use of a covert human intelligence source);
[F5(iia)section 29B (covert human intelligence sources: criminal conduct);]
(iii)section 32 (intrusive surveillance);
(b)[F6an authorisation granted under] section 93 of the Police Act 1997 (authorisation in respect of property).]
[F7(4)For the purpose of sub-paragraph (1), a relevant investigatory activity falling within sub-paragraph (3)(za) is to be regarded as carried out in Northern Ireland if (and to the extent that)—
(a)the equipment that is being interfered with under the warrant is in Northern Ireland, and
(b)at the time of the carrying out of the activity, the NCA officer knows that the equipment is in Northern Ireland.
(5)Sub-paragraph (6) applies where—
(a)in the carrying out by an NCA officer of a relevant investigatory activity falling within sub-paragraph (3)(za), equipment in Northern Ireland is interfered with under the warrant,
(b)at the time the interference begins, the NCA officer does not know that the equipment is in Northern Ireland, and
(c)at any time while the interference is continuing, the NCA officer becomes aware that the equipment is in Northern Ireland.
(6)The NCA officer is not to be regarded as in breach of sub-paragraph (1) if the interference continues after the NCA officer becomes aware that the equipment is in Northern Ireland, provided that the officer informs the Chief Constable of the Police Service of Northern Ireland about the interference as soon as reasonably practicable.]
Textual Amendments
F1Sch. 1 para. 6A inserted (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), art. 1(3), Sch. 2 para. 15
F2Words in Sch. 1 para. 6A(3) omitted (5.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)
F3Sch. 1 para. 6A(3)(za) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)
F4Words in Sch. 1 para. 6A(3)(a) substituted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(c) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)
F5Sch. 1 para. 6A(3)(a)(iia) inserted (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), s. 9(2), Sch. para. 14; S.I. 2021/605, reg. 2(a)(b)(c)
F6Words in Sch. 1 para. 6A(3)(b) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(d) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)
F7Sch. 1 paras. 6A(4)-(6) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)