Authorisation of detection of television receivers27A

1

Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the detection of television receivers, that is to say, surveillance which—

a

is carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of section 1 of the Wireless Telegraphy Act 19493), and

b

is carried out from outside those premises exclusively for that purpose.

2

The persons designated for the purposes of this section are—

a

any person holding the position of head of sales or head of marketing within the Television Licence Management Unit of the British Broadcasting Corporation, and

b

any person holding a position within that Unit which is more senior than the positions mentioned in paragraph (a).

3

A person shall not grant an authorisation for the detection of television receivers unless he believes—

a

that the authorisation is necessary—

i

for the purpose of preventing or detecting crime constituting an offence under section 1 or 1A4 of the Wireless Telegraphy Act 1949; or

ii

for the purpose of assessing or collecting sums payable to the British Broadcasting Corporation under regulations made under section 2 of the Wireless Telegraphy Act 19495; and

b

that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.

4

The conduct that is authorised by an authorisation for the detection of television receivers is any conduct that—

a

consists in the carrying out of the detection of television receivers, and

b

is carried out by the persons described in the authorisation in the circumstances described in the authorisation.