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Investigatory Powers Act 2016

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70Relevant public authorities and designated senior officers etc.U.K.

This section has no associated Explanatory Notes

(1)Schedule 4 (relevant public authorities and designated senior officers etc.) has effect.

(2)A public authority listed in column 1 of the table in the Schedule is a relevant public authority for the purposes of this Part.

[F1(2A)An authorisation under section 60A may be granted on the application of a relevant public authority listed in column 1 of the table only if section 60A(1)(a) is met in relation to a purpose within one of the paragraphs of section 60A(7) specified in the corresponding entry in column 2 of the table.]

(3)In this Part “designated senior officer”, in relation to a relevant public authority listed in column 1 of the table, means an individual who holds with the authority—

(a)an office, rank or position specified in relation to the authority in [F2column 3] of the table, or

(b)an office, rank or position higher than that specified in relation to the authority in [F3column 3] of the table (subject to subsections (4) and (5)).

(4)Subsection (5) applies where an office, rank or position specified in relation to a relevant public authority in [F4column 3] of the table is specified by reference to—

(a)a particular branch, agency or other part of the authority, or

(b)responsibility for functions of a particular description.

(5)A person is a designated senior officer by virtue of subsection (3)(b) only if the person—

(a)holds an office, rank or position in that branch, agency or part, or

(b)has responsibility for functions of that description.

[F5(5A)A person who is a designated senior officer of a relevant public authority by virtue of subsection (3) and an entry in column 3 of the table may grant an authorisation under section 61—

(a)only for obtaining communications data of the kind specified in the corresponding entry in column 4 of the table,

(b)only if one or more paragraphs of section 61(7) is specified in the corresponding entry in column 5 of the table, and

(c)only if section 61(1)(a) is met in relation to a purpose within the specified paragraph or, if more than one paragraph is specified, a purpose within one of them.]

(6)A person who is a designated senior officer of a relevant public authority by virtue of subsection (3) and an entry in [F6column 3] of the table may grant an authorisation [F7under section 61A]

(a)only for obtaining communications data of the kind specified in the corresponding entry in [F8column 4] of the table, F9...

[F10(b)only if one or more paragraphs of section 61A(7) is specified in the corresponding entry in column 6 of the table, and

(c)only if section 61A(1)(a) is met in relation to a purpose within the specified paragraph or, if more than one paragraph is specified, a purpose within one of them.]

(7)Where there is more than one entry in relation to a relevant public authority in [F11column 3] of the table, and a person is a designated senior officer of the authority by virtue of subsection (3) as it applies to more than one of those entries, [F12subsections (5A) and (6) apply] in relation to each entry.

Textual Amendments

F2Words in s. 70(3)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(3)(a) (see S.I. 2019/174, reg. 2(c))

F3Words in s. 70(3)(b) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(3)(b) (see S.I. 2019/174, reg. 2(c))

F4Words in s. 70(4) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(4) (see S.I. 2019/174, reg. 2(c))

F6Words in s. 70(6) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(6)(a)(i) (see S.I. 2019/174, reg. 2(c))

F7Words in s. 70(6) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(6)(a)(ii) (see S.I. 2019/174, reg. 2(c))

F8Words in s. 70(6)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(6)(b) (see S.I. 2019/174, reg. 2(c))

F9Word in s. 70(6) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(6)(c) (see S.I. 2019/174, reg. 2(c))

F10S. 70(6)(b)(c) substituted for s. 70(6)(b) (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(6)(d) (see S.I. 2019/174, reg. 2(c))

F11Words in s. 70(7) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(7)(a) (see S.I. 2019/174, reg. 2(c))

F12Words in s. 70(7) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(7)(b) (see S.I. 2019/174, reg. 2(c))

Commencement Information

I1S. 70 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)

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