Part 3

Authorisations for obtaining communications data

Local authorities

Local authorities as relevant public authorities
73
1
A local authority is a relevant public authority for the purposes of this Part.
2
In this Part “designated senior officer”, in relation to a local authority, means an individual who holds with the authority—
a
the position of director, head of service or service manager (or equivalent), or
b
a higher position.
3
A designated senior officer of a local authority may grant an authorisation for obtaining communications data only if section 61(1)(a) is met in relation to a purpose within section 61(7)(b).
4
The Secretary of State may by regulations amend subsection (2).
5
Before making regulations under subsection (4) which amend subsection (2) so as to replace an office, rank or position specified in that subsection with a lower office, rank or position, the Secretary of State must consult—
a
the Investigatory Powers Commissioner, and
b
each local authority to which the amendment relates.
6
A statutory instrument containing regulations under subsection (4) to which subsection (5) applies may not be made except in accordance with the enhanced affirmative procedure.
7
Sections 74 and 75 impose further restrictions in relation to the grant of authorisations by local authorities.