2003 No. 3171
The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003
Made
Coming into force
Whereas a draft of this Order has been approved by a resolution of each House of Parliament;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 30(1), (3), (5) and (6) and 78(5) of the Regulation of Investigatory Powers Act 20001, hereby makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 and shall come into force one month after the day on which it is made.
2
In this Order “the 2000 Act” means the Regulation of Investigatory Powers Act 2000.
Amendments to Schedule 1 to the 2000 Act
2
1
Part I of Schedule 1 to the 2000 Act shall be amended as follows.
2
After paragraph 1 add the words—
1A
The United Kingdom Atomic Energy Authority Constabulary.
3
After paragraph 13 add the words—
13A
The Northern Ireland Office.
4
For paragraph 17 substitute—
17
Any county council or district council in England, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, and any county council or county borough council in Wales.
5
6
After the heading “Other bodies” add the words—
17B
The Charity Commission.
7
After paragraph 20 add the words—
20A
The Gaming Board for Great Britain.
20B
The Office of Fair Trading.
20C
The Office of the Police Ombudsman for Northern Ireland.
20D
The Postal Services Commission.
3
1
Part II of Schedule 1 to the 2000 Act shall be amended as follows.
2
After paragraph 27 add the words—
27A
Local Health Boards in Wales established under section 6 of the National Health Service Reform and Health Care Professions Act 20024.
Her Majesty’s Chief Inspector of Schools in England27B
Her Majesty’s Chief Inspector of Schools in England.
The Information Commissioner27C
The Information Commissioner.
The Royal Parks Constabulary27D
The Royal Parks Constabulary.
Prescribed offices, ranks and positions4
1
The offices, ranks and positions listed in column 2 of Part I of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1 of Part I of that Schedule which are relevant public authorities for the purposes of sections 28 and 29 of the 2000 Act) are hereby prescribed for the purpose of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9.
2
The offices, ranks and positions listed in column 2 of Part II of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1 of Part II of that Schedule which are relevant public authorities for the purposes only of section 28 of the 2000 Act) are hereby prescribed for the purpose of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9.
More senior offices, ranks and positions5
1
Where an office, rank or position with a relevant public authority is prescribed by virtue of article 4, all more senior offices, ranks or positions with that authority are also prescribed for the purpose of section 30(1) of the 2000 Act, subject to article 10.
2
Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (1) to all more senior offices, ranks or positions with that authority is a reference to all more senior offices, ranks or positions with that agency, unit, branch, division or part.
Additional offices, ranks and positions prescribed for urgent cases6
1
The additional offices, ranks and positions listed in column 3 of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9 in the circumstances described in paragraph (2).
2
An individual holding an office, rank or position which is listed in column 3 of the Schedule to this Order may only grant an authorisation where it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by an individual with the same authority holding an office, rank or position listed in column 2 of the Schedule to this Order.
3
Where an office, rank or position with a relevant public authority is described in column 3 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to an individual with the same authority is a reference to an individual with that agency, unit, branch, division or part.
Restrictions on the granting of authorisations
7
The restriction in this article is that an individual holding an office, rank or position which is listed in column 2 or 3 of the Schedule to this Order may not grant an authorisation unless he believes it is necessary on the grounds set out in one or more of the paragraphs of sections 28(3) and 29(3) of the 2000 Act listed in the corresponding entry in column 4 of that Schedule.
8
The restriction in this article is that where any entry in column 2 or 3 of Part I of the Schedule to this Order is headed by a reference to an authorisation under section 28 or section 29 of the 2000 Act, an individual holding an office, rank or position which is listed in that entry may only grant an authorisation under the section of the 2000 Act with which that entry is headed.
9
The restriction in this article is that an individual holding an office, rank or position with the Food Standards Agency or the Rural Payments Agency may not grant an authorisation for conduct in Northern Ireland.
10
The restrictions on the granting of authorisations under section 28 and 29 of the 2000 Act that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of the Schedule to this Order shall also apply to individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 5.
Revocation11
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 20005 is hereby revoked.
SCHEDULE
Part I (Prescriptions for public authorities in Part I of Schedule 1 to the 2000 Act that are relevant public authorities for the purposes of sections 28 and 29 of the 2000 Act)
(1) Relevant public authorities in Part I of Schedule 1 to the 2000 Act | (2) Prescribed offices etc. | (3) Urgent cases | (4) Grounds set out in the paragraphs of sections 28(3) and 29(3) of the 2000 Act for which an authorisation can be given |
|---|---|---|---|
A police force maintained under section 2 of the Police Act 19966 (police forces in England and Wales outside London) | Superintendent | Inspector | (a)(b)(c)(d)(e) |
A police force maintained under or by virtue of section 1 of the Police (Scotland) Act 19677 | Superintendent | Inspector | (a)(b)(c)(d)(e) |
The metropolitan police force | Superintendent | Inspector | (a)(b)(c)(d)(e) |
The City of London police force | Superintendent | Inspector | (a)(b)(c)(d)(e) |
The Police Service of Northern Ireland8 | Superintendent | Inspector | (a)(b)(c)(d)(e) |
The Ministry of Defence Police | Superintendent | Inspector | (a)(b)(c) |
The Royal Navy Regulating Branch | Provost Marshal | (a)(b)(c) | |
The Royal Military Police | Lieutenant Colonel | Major | (a)(b)(c) |
The Royal Air Force Police | Wing Commander | Squadron Leader | (a)(b)(c) |
The British Transport Police | Superintendent | Inspector | (a)(b)(c)(d)(e) |
The United Kingdom Atomic Energy Authority Constabulary9 | Superintendent | Inspector | (a)(b) |
The National Criminal Intelligence Service | Superintendent, Level 2 or any individual on secondment to the National Criminal Intelligence Service who holds any office, rank or position in any other relevant public authority listed in column 2 of Part I of the Schedule to this Order | Inspector, Level 4 or any individual on secondment to the National Criminal Intelligence Service who holds any office, rank or position in any other relevant public authority listed in column 3 of Part I of the Schedule to this Order | (a)(b)(c)(d)(e) |
The National Crime Squad | Superintendent | Inspector | (a)(b)(c)(d)(e) |
The Serious Fraud Office | Assistant Director | (b) | |
Government Communications Headquarters | GC8 | (a)(b)(c) | |
The Security Service | General Duties 3 or any other Officer at Level 3 | (a)(b)(c) | |
The Secret Intelligence Service | Grade 6 or equivalent | (a)(b)(c) | |
The Royal Navy | Commander | Lieutenant Commander | (a)(b)(c)(d)(e) |
The Army | Lieutenant Colonel | Major | (a)(b)(c)(d)(e) |
The Royal Air Force | Wing Commander | Squadron Leader | (a)(b)(c)(d)(e) |
The Commissioners of Customs and Excise | Band 9 | Band 7 or 8 | (a)(b)(c)(d)(e)(f) |
The Commissioners of Inland Revenue | Band C1 | Band C2 | (b)(c)(f) |
Ministry of Defence | Band C1 | Band C2 | (b) |
Department for Environment, Food and Rural Affairs10 | Senior Investigation Officer in DEFRA Investigation Branch | (b) | |
Senior Counter Fraud Officer in the Counter Fraud and Compliance Unit of the Rural Payments Agency | (b) | ||
Senior Investigation Officer in Centre for Environment, Fisheries and Aquaculture Science | (b) | ||
| (b) | ||
| (b) | ||
| (b) | ||
| (b) | ||
The Department of Health | Integrated Payband 3 (Standard 2) in Medicines and Healthcare Products Regulatory Agency | (b)(d)(e) | |
The Home Office |
| (a)(b)(d) | |
|
| (a)(b)(d) | |
Immigration Inspector in the Immigration Service | Chief Immigration Officer in the Immigration Service | (b)(c) | |
|
| (b) | |
The Northern Ireland Office11 | Deputy Principal or Governor 3 in the Northern Ireland Prison Service | Staff Officer or Governor 4 in the Northern Ireland Prison Service | (b)(d) |
The Department of Trade and Industry | Deputy Inspector of Companies in Companies Investigation Branch | (b) | |
Chief Investigation Officer in the Investigation Officers Section of Legal Services Directorate D or a member of the Senior Civil Service in Legal Services Directorate D | (b) | ||
|
| (b) | |
| (b) | ||
| (b) | ||
|
| (b) | |
The Department for Transport12 | Head of Maritime Section | (b)(d) | |
Assistant Director Transport Security | (b)(d) | ||
Head of Operational Support | (b)(d) | ||
Head of Land Transport Security | (b)(d) | ||
Head of Aviation Security Compliance | (b)(d) | ||
Head of Aviation Security Domestic Policy | (b)(d) | ||
Head of Aviation Security International Policy | (b)(d) | ||
Senior Transport Security Inspector | (b)(d) | ||
|
| (b)(d) | |
|
| (b)(d)(b)(d) | |
Principal Enforcement Officer in the Maritime and Coastguard Agency | Enforcement Officer in the Maritime and Coastguard Agency | (b)(d) | |
The Department for Work and Pensions13 | Senior Executive Officer or equivalent grades in Jobcentre Plus | Higher Executive Officer or equivalent grades in Jobcentre Plus | (b) |
Senior Executive Officer or equivalent grades in DWP Internal Assurance Services | (b) | ||
Senior Executive Officer or equivalent grades in Child Support Agency | Higher Executive Officer or equivalent grades in Child Support Agency | (b) | |
National Assembly for Wales | Head of NHS Directorate | Member of NHS Directorate at a level equivalent to Grade 7 | (b)(d)(e) |
Head of NHS Finance Division | Member of NHS Finance Division at a level equivalent to Grade 7 | (b)(d)(e) | |
Head of Common Agricultural Policy Management Division | Member of Common Agricultural Policy Management Division at a level equivalent to Grade 7 | (b)(e) | |
Regional Director in the Care Standards Inspectorate for Wales | Senior Inspector in the Care Standards Inspectorate for Wales | (b)(d)(e) | |
Any county council or district council in England, a London Borough Council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, and any county council or county borough council in Wales14 | Assistant Chief Officer, Assistant Head of Service, Service Manager or equivalent | (b) | |
Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)15 | Divisional Officer 2 | Divisional Officer 3 | (b)(d) |
The Charity Commission16 | Senior Investigations Manager | Investigations Manager | (b) |
The Environment Agency |
|
| (b)(d)(e) |
|
| (b)(d)(e) | |
The Financial Services Authority | Head of Department in Enforcement Division | Manager in Enforcement Division | (b) |
The Food Standards Agency |
| (b)(d)(e) | |
| (b)(d)(e) | ||
The Gaming Board for Great Britain17 | Chief Inspector | Deputy Chief Inspector | (b) |
The Office of Fair Trading18 | Director of Cartel Investigations | Principal Investigation Officer in the Cartel Investigation Branch | (b)(c) |
The Office of the Police Ombudsman for Northern Ireland19 | Senior Investigating Officer | Deputy Senior Investigating Officer | (b) |
The Postal Services Commission20 |
|
| (b) |
| (b) | ||
A Universal Service Provider within the meaning of the Postal Services Act 200021 | Senior Investigation Manager in Royal Mail Group plc | (b) |
Part II (Prescriptions for public authorities in Part II of Schedule 1 to the 2000 Act that are relevant public authorities for the purposes only of section 28 of the 2000 Act)
(1) Relevant public authorities in Part II of Schedule 1 to the 2000 Act | (2) Prescribed offices etc. | (3) Urgent cases | (4) Grounds set out in the paragraphs of section 28(3) of the 2000 Act for which an authorisation can be given |
|---|---|---|---|
The Health and Safety Executive | Band 2 Inspector | (b)(d)(e) | |
A Special Health Authority established under section 11 of the National Health Service Act 197722 | Chief Executive | (b)(e) | |
Senior Manager (Senior Manager Pay Range 14) in the Counter Fraud and Security Management Service | (b) | ||
A National Health Service trust established under section 5 of the National Health Service and Community Care Act 199023 | Chief Executive | (b)(e) | |
Local Health Boards in Wales established under section 6 of the National Health Service Reform and Health Care Professions Act 200224 | Chief Officer or Finance Officer | (b)(e) | |
Her Majesty’s Chief Inspector of Schools in England25 | Band A in the Complaints, Investigation and Enforcement Team in the Office of Her Majesty’s Chief Inspector of Schools in England (OFSTED) | Band B1 in the Complaints, Investigation and Enforcement Team in the Office of Her Majesty’s Chief Inspector of Schools in England (OFSTED) | (b) |
The Information Commissioner26 | Head of Investigations | Senior Investigating Officer | (b) |
The Royal Parks Constabulary27 | Chief Officer | Inspector | (b) |
The Royal Pharmaceutical Society of Great Britain | Director of Fitness to Practice and Legal Affairs or Director of Practice and Quality Improvement | (b)(d)(e) |
(This note is not part of the Order)