This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

2010 No. 521

Investigatory Powers

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

Made25th February 2010

Coming into force6th April 2010

This Order is made in exercise of the powers conferred on the Secretary of State by sections 30(1), (3), (5) and (6) and 78(5) of the Regulation of Investigatory Powers Act 20001.

In accordance with section 30(7) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State 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 2010 and shall come into force on 6^th April 2010.

(2)

In this Order “the Act” means the Regulation of Investigatory Powers Act 2000.

F1(3)

In this Order “relevant source” means a source holding an office, rank or position with one of the following—

(a)

a police force maintained under section 2 of the Police Act 1996,

(b)

the City of London Police Force,

(c)

the Metropolitan Police Force,

(d)

the Police Service of Northern Ireland,

(e)

the Police Service of Scotland,

(f)

the Ministry of Defence Police,

(g)

the Royal Navy Police,

(h)

the Royal Military Police,

(i)

the Royal Air Force Police,

(j)

the British Transport Police,

(k)

the National Crime Agency,

(l)

Her Majesty’s Revenue and Customs, or

(m)

the Home Office;

“section 29 authorisation” means an authorisation for the conduct or the use of a source under section 29 of the Act;

“source” means covert human intelligence source.

F2“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

F3Long Term Authorisation1A.

(1)

In this Order a section 29 authorisation for the conduct or use of a relevant source is a long term authorisation if the periods mentioned in paragraph (2)(a) and (b), when taken together, exceed 12 months.

(2)

Those periods are—

(a)

the period for which the relevant source will be authorised under the authorisation, having regard (where relevant) to paragraph (4), and

(b)

any period or periods, other than a period or periods to which paragraph (3) or (5) applies, for which the relevant source has previously been authorised as a source in relation to the same investigation or operation.

(3)

This paragraph applies to a period or periods for which the relevant source has been authorised as a source under a section 29 authorisation where that authorisation was granted orally or by a person whose entitlement to act is confined to urgent cases.

(4)

For the purposes of paragraph (2)(a) where the period or periods in respect of which a relevant source has previously been authorised as a source is less than 12 months in total, any further authorisation will cease to have effect, unless renewed, at the end of a period of 12 months less the total period for which the source has previously been authorised.

(5)

For the purposes of paragraphs (2)(b) and (4) any period of authorisation which ceased to have effect more than 3 years prior to the intended commencement date of the authorisation referred to at paragraph (2)(a) shall be disregarded.

(6)

In respect of an authorisation to which article 8(1)(b) of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 20106 applies references in paragraphs (1) and (4) of this article to 12 months should be read as references to 3 months.

(7)

For the purposes of this article any period for which the relevant source has previously been authorised as a source in relation to the same investigation or operation prior to 1st January 2014 shall be disregarded save for any period in relation to an authorisation that is extant on that date.

Amendment of Parts 1 and 2 of Schedule 1 to the Act2.

(1)

Schedule 1 to the Act (relevant public authorities) is amended as follows.

(2)

In Part 1 (relevant public authorities for the purposes of sections 28 and 29) omit—

(a)

paragraph 4A (the force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 18472 on the nomination of the Dover Harbour Board)3,

(b)

paragraph 10 (the Ministry of Defence),

(c)

paragraph 15B (the Department for Work and Pensions)4,

(d)

paragraph 20D (the Postal Services Commission)5, and

(e)

paragraph 23 (a universal service provider (within the meaning of the Postal Services Act 20006) acting in connection with the provision of a universal postal service (within the meaning of that Act))7.

(3)

In that Part, for paragraph 17A (any fire authority within the meaning of the Fire Services Act 1947)8 substitute—

“17A.
Any fire and rescue authority under the Fire and Rescue Services Act 20049.”

(4)

In that Part, after paragraph 20F10 insert—

“20G.
The Health and Safety Executive.”

(5)

In Part 2 (relevant public authorities for the purposes only of section 28) omit paragraph 24 (the Health and Safety Executive).

(6)

In that Part, after paragraph 28 insert—

“The Child Maintenance and Enforcement Commission
28A.
The Child Maintenance and Enforcement Commission.
Special constables nominated by the Dover Harbour Board
28B.
The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board.
The Department for Work and Pensions
28C.
The Department for Work and Pensions.
The Postal Services Commission
28D.
The Postal Services Commission
Universal service providers
28E.
A universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act).”

Prescribed offices, ranks and position with relevant public authorities3.

(1)

The Schedule to this Order has effect.

F4(1A)

Part 1 to the Schedule has effect subject to Part 1A.

(2)

Subject to the restrictions in F5articles 5 to 7A, the offices, ranks and positions listed in the entries in—

(a)

column (2) of Part 1 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of sections 28 and 29 of the Act), F6...

F7(aa)

column (2) of Part 1A of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29 of the Act in relation to the authorisation of relevant sources), F8...

F9(ab)

column (2) of Part 1B of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29B of the Act), and

(b)

column (2) of Part 2 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 28 of the Act only),

are prescribed for the purposes of section 30(1) of the Act.

(3)

Where an office, rank or position with a relevant public authority is prescribed by virtue of article 3(2), 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 8.

(4)

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 (3) 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.

F10(5)

In the entry for the Department for Transport in Part 1 of the Schedule—

(a)

“former Driving Standards Agency function” means a function of the Driving Standards Agency immediately before 1st April 2014; and

(b)

“former Vehicle and Operator Services Agency function” means a function of the Vehicle and Operator Services Agency immediately before 1st April 2014.

Additional offices, ranks and positions prescribed for urgent cases4.

(1)

Subject to the restrictions in F11articles 5 to 7A, the offices, ranks and positions listed in the entries in column (3) of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Schedule) are prescribed for the purposes of section 30(1) of the Act in the circumstances specified in paragraph (2).

F12(2)

An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation—

(a)

for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule;

(b)

for the purposes of section 29 or 29B in the case of an entry in Part 1A of the Schedule;

(c)

for the purposes of section 29B only in the case of an entry in Part 1B; or

(d)

for the purposes of section 28 only in the case of an entry in Part 2,

where is it not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule.

Restrictions on the granting of authorisations5.

(1)

An individual holding an office, rank or position which is listed in an entry in column (2) or (3) F13of Parts 1, 1A and 2 of the Schedule may not grant an authorisation unless that individual believes it is necessary for any of the grounds set out in paragraphs (a) to (f) of—

(a)

section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or

F14(aa)

section 29(3) of the Act in the case of an entry in Part 1A, or

(b)

section 28(3) of the Act in the case of an entry in Part 2,

which is listed in the corresponding entry in column (4) of the Schedule.

F15(1A)

An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1A of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in the corresponding entry in column (5) of that Part.

(1B)

An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1B of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in section 29B(5) of the Act which are listed in the corresponding entry in column (4) of that Part.

(2)

In column (4), a reference to a lettered paragraph is a reference to a paragraph identified by means of that letter in—

(a)

section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or

F16(aa)

section 29(3) F17or 29B(5) of the Act in the case of an entry in Part 1A, F18...

F19(ab)

section 29B(5) of the Act in the case of an entry in Part 1B, or

(b)

section 28(3) of the Act in the case of an entry in Part 2.

6. (1)

Where an entry in column (2) or (3) of Part 1 of the Schedule is headed by reference to an authorisation under section 28 or section 29, an authorisation may only be granted by the individual holding the office, rank or position listed in the entry under the section by which the entry is headed.

(2)

Such a heading in column (2) or (3) of Part 1 of the Schedule refers to section 28 or section 29, as the case may be, of the Act.

(3)

Where paragraph (1) applies, a reference to a paragraph in column (4) of Part 1 of the Schedule is to a paragraph in subsection (3) of the section specified in the heading.

F206A.

Where an entry in column (2) of Part 1A of the Schedule is headed by reference to an authorisation of a relevant source or to an authorisation for a long term authorisation, an authorisation may only be granted by the individual holding the office, rank or position listed in an entry under the relevant heading.

7.

An individual holding an office, rank or position with the Food Standards Agency may not grant an authorisation for conduct in Northern Ireland.

F217A.

(1)

An individual holding an office, rank or position with 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, or any county council or county borough council in Wales may not grant an authorisation under section 28 unless the conditions in paragraphs (2) and (3) are met.

(2)

The first condition is that the authorisation under section 28 is for the purpose of preventing or detecting conduct which—

(a)

constitutes one or more criminal offences, or

(b)

is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences.

(3)

The second condition is that the criminal offence or one of the criminal offences referred to in the first condition is or would be—

(a)

an offence which is punishable, whether on summary conviction or on indictment, by a maximum term of at least 6 months of imprisonment, or

(b)

an offence under—

(i)

section 146 of the Licensing Act 20033 (sale of alcohol to children);

(ii)

section 147 of the Licensing Act 2003 (allowing the sale of alcohol to children);

(iii)

section 147A of the Licensing Act 20034 (persistently selling alcohol to children);

(iv)

section 7 of the Children and Young Persons Act 19335 (sale of tobacco, etc, to persons under eighteen)F22;

F23(v)

section 91 of the Children and Families Act 20143 (purchase of tobacco, nicotine products etc. on behalf of persons under 18);

(vi)

section 92 of the Children and Families Act 2014 (prohibition of sale of nicotine products to persons under 18).

8.

The restrictions on the granting of authorisations under sections F2428, 29 and 29B 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 3(3).

Transitional arrangements9.

This Order does not affect the continued operation of the Orders mentioned in article 10 in relation to authorisations under section 28 or 29 of the Act granted before this Order comes into force.

Revocation10.

The following Orders are revoked to the extent indicated—

(a)

all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 200311, except articles 1 to 3,

(b)

articles 4 and 5 of the Independent Police Complaints Commission (Investigatory Powers) Order 200412,

(c)

all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 200513, except articles 1 and 2(1),

(d)

all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 200614, except articles 1 and 2.

David Hanson

Minister of State

Home Office

25th February 2010

SCHEDULEPRESCRIBED OFFICES ETC. IN RELEVANT PUBLIC AUTHORITIES AND RESTRICTIONS ON AUTHORISATIONS

Articles 3, 4, 5 and 6

PART 1OFFICES ETC. AND RESTRICTIONS IN RESPECT OF PUBLIC AUTHORITIES SPECIFIED IN PART 1 OF SCHEDULE 1 TO THE ACT

(1) Relevant public authorities	(2) Prescribed offices etc	(3) Urgent cases	(4) Grounds set out in paragraphs of section 28(3) or 29(3) of the Act

A police force maintained under section 2 of the Police Act 199615	Superintendent	Inspector	Paragraphs (a), (b), (c), (d) and (e)

The metropolitan police force	Superintendent	Inspector	Paragraphs (a), (b), (c), (d) and (e)

The City of London police force	Superintendent	Inspector	Paragraphs (a), (b), (c), (d) and (e)

F25The Police Service of Scotland	Superintendent	Inspector	Paragraphs (a), (b), (c), (d) and (e)

The Police Service of Northern Ireland17	Superintendent	F26Superintendent	Paragraphs (a), (b), (c), (d) and (e)

The Ministry of Defence Police	Superintendent	Inspector	Paragraphs (a), (b) and (c)

The Royal Navy Police	Commander	Lieutenant Commander	Paragraphs (a), (b) and (c)

The Royal Military Police	Lieutenant Colonel	Major	Paragraphs (a), (b) and (c)

The Royal Air Force Police	Wing Commander	Squadron Leader	Paragraphs (a), (b) and (c)

F27The Service Police Complaints Commissioner	A senior investigating officer	An investigating officer	Paragraph (b)

The British Transport Police	Superintendent	Inspector	Paragraphs (a), (b), (c), (d) and (e)

The Civil Nuclear Constabulary	Superintendent	Inspector	Paragraphs (a) and (b)

The Serious Organised Crime Agency	Senior Manager (Grade 2)	Principal Officer (Grade 3)	Paragraph (b)

F28. . .	F28. . .	F28. . .	F28. . .

The Serious Fraud Office	Grade 6	—	Paragraph (b)

The force comprising the constables appointed under article 3 of the Mersey Docks and Harbour (Police) Order 197518 on the nomination of the Mersey Docks and Harbour Company	Superintendent	Inspector	Paragraphs (b), (d) and (e)

The Security Service	General Duties 3 or any other Officer at Level 3	—	Paragraphs (a), (b) and (c)

The Secret Intelligence Service	Grade 6 or equivalent	—	Paragraphs (a), (b) and (c)

The Government Communications Headquarters	GC8	—	Paragraphs (a), (b) and (c)

The Royal Navy	Commander	Lieutenant Commander	Paragraphs (a), (b), (c), (d) and (e)

The Army	Lieutenant Colonel	Major	Paragraphs (a), (b), (c), (d) and (e)

The Royal Air Force	Wing Commander	Squadron Leader	Paragraphs (a), (b), (c), (d) and (e)

The Commissioners for Her Majesty’s Revenue and Customs	Senior Officer	Higher Officer	Paragraphs (a), (b), (d), (e) and (f)

The Department for Environment, Food and Rural Affairs	Senior Investigation Officer in DEFRA Investigation Services	—	Paragraph (b)

	Senior Fish Health Inspector (PB6 or above) in Centre for Environment, Fisheries and Aquaculture Science	—	Paragraph (b)

	F29. . .	F30. . .	F30. . .

	F31. . .	F30. . .	F30. . .

The Department of Health F32and Social Care	Grade 6 in Medicines and Healthcare Products Regulatory Agency	Grade 7 in Medicines and Healthcare Products Regulatory Agency	Paragraphs (b), (d) and (e)

F33Home Office	Immigration Inspector or Senior Officer with responsibility for immigration and border security investigations and functions	Chief Immigration Officer or Higher Officer with responsibility for immigration and border security investigations and functions	Paragraphs (b) and (c)
	Immigration Inspector or Senior Executive Officer with responsibility for security and intelligence in detention services (Immigration Removal Centres)		Paragraphs (b) and (d)
	Section 28 authorisation F34Grade 6 with responsibility for investigations or research relating to crime, terrorism or extremism	F35–	F36Paragraphs (b) and (d)
	The Head of the Unit responsible for anti-corruption investigations and functions	Section 28 authorisation Immigration Inspector or Senior Executive Officer with responsibility for anti-corruption investigations and functions	Paragraph (b)

The Ministry of Justice	F37A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service	F38A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service	Paragraphs (b) and (d)

	F37A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service	F38A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service	Paragraphs (b) and (d)

F39The Department of Justice in Northern Ireland	F40Director of Prisons or Governor in Charge	F41Grade 7 or Governor in Charge	Paragraphs (b) and (d)

F42The Department for Business and Trade	F43An investigating officer in the Insolvency Service at Grade 7 or above	—	Paragraph (b)

F44The Department for Transport	Head of Enforcement in the Maritime and Coastguard Agency	Enforcement Officer in the Maritime and Coastguard Agency	Paragraphs (b) and (d)
	F45. . .	F46. . .	F47. . .
	Section 28 authorisation F48Head of Intelligence or Head of Investigations in the Driver and Vehicle Standards Agency	Section 28 authorisation Area Manager or Regional Intelligence Coordinator in the Driver and Vehicle Standards Agency F49...	Paragraphs (b) and (d)
	Section 29 authorisation F50Head of Intelligence or Head of Investigations in the Driver and Vehicle Standards Agency	Section 29 authorisation Regional Intelligence Coordinator in the Driver and Vehicle Standards Agency F51...	Paragraphs (b) and (d)

The Welsh Assembly Government	F52Director General Health and Social Service Group or Chief Executive NHS Wales	Member of Department for Health and Social Services at a level equivalent to Grade 7	Paragraphs (b), (d) and (e)

	F53Director of Finance, Department of Health and Social Services	Member of Department for Health and Social Services Finance at a level equivalent to Grade 7	Paragraphs (b), (d) and (e)

	F54Deputy Director, Marine and Fisheries Division	—	Paragraph (b)

	Head of Rural Payments Division	Member of Rural Payments Division at a level equivalent to Grade 7	Paragraphs (b) and (e)

	F55Head of Department or equivalent grade in the Care Inspectorate Wales	F56Senior Manager or equivalent grade in the Care Inspectorate Wales	Paragraphs (b), (d) and (e)

F57The Welsh Revenue Authority	Grade 7 or equivalent	—	Paragraphs (b) and (f)

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	Director, Head of Service, Service Manager or equivalent	—	Paragraph (b)

A fire and rescue authority under the Fire and Rescue Services Act 2004	Group Manager	—	Paragraphs (b) and (d)

The Charity Commission	Senior Investigations Manager	Investigations Manager	Paragraph (b)

The Environment Agency	Section 28 authorisation	Section 28 authorisation	Paragraphs (b), (d) and (e)

	F58Area Management Team Member or equivalent (Grade 7), Senior Enforcement Technical Advisor or equivalent (Grade 6)	F59Area Enforcement Team Leader or Enforcement Technical Adviser or equivalent (Grade 5)

	Section 29 authorisation	F60–	Paragraphs (b), (d) and (e)

	F61F62... Deputy Director National Enforcement Service or equivalent Deputy Director

F63The Financial Conduct Authority	A Head of Department in the Enforcement and Financial Crime Division	A Manager in the Enforcement and Financial Crime Division	Paragraph (b)
The Prudential Regulation Authority	The Head of Regulatory Action		Paragraph (b)
The Food Standards Agency		F64Section 28 authorisation	Paragraphs (b) and (e)

	F65Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department	Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit

		F64Section 29 authorisation	Paragraphs (b) and (e)

	F65Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department	Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit

The Gambling Commission	F66Senior Manager	—	Paragraph (b)

The F67Competition and Markets Authority	Any member of the Senior Civil Service with responsibility for cartels or criminal enforcement	F68Grade 6 in the Cartels and Criminal Enforcement Group	Paragraphs (b) and (c)

F69The Independent Office for Police Conduct	F70Director or equivalent grade	F71Operations Manager	Paragraph (b)

The Office of the Police Ombudsman for Northern Ireland	Senior Investigating Officer	Deputy Senior Investigating Officer	Paragraph (b)

F72The Gangmasters Labour and Abuse Authority	F73Senior Investigating Officer, Head of Compliance or equivalent grade (SEO/Grade 4A)	—	Paragraph (b)

The Care Quality Commission	Head of Operations in a region	Area Manager	Paragraphs (b) and (e)

The Health and Safety Executive	F74Band 1 Inspector	—	Paragraphs (b), (d) and (e)

The Office of Communications	Section 28 authorisation	Section 28 authorisation	Paragraph (b)

	Principal responsible for spectrum investigation and enforcement	Senior Associate responsible for spectrum investigation and enforcement

	Section 29 authorisation	—	Paragraph (b)

	Senior Management Group member responsible for spectrum investigation and enforcement

F75The Marine Management Organisation	Section 28 authorisation	Section 28 authorisation	Paragraphs (b), (c) and (e)
	Grade 7 Marine Enforcement Officer	Principal Marine Officer (SEO equivalent)

	Section 29 authorisation	–	Paragraphs (b), (c) and (e)
	Grade 6 Marine Enforcement Officer

F76PART 1AOffices etc and Restrictions In Respect of Public Authorities Specified in Part 1 of Schedule 1 to the Act in Relation to Relevant Sources

F77(1) Relevant public authorities	(2) Prescribed offices etc	(3) Urgent Cases	(4) Grounds set out in section 29(3) of the Act	(5) Grounds set out in section 29B(5) of the Act
A police force maintained under section 2 of the Police Act 1996	Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable	Superintendent	Paragraphs (a), (b), (c), (d) and (e)	Paragraphs (a), (b) and (c)
The City of London Police Force	Relevant Source Authorisation Commander Long Term Authorisation Commissioner	Superintendent	Paragraphs (a), (b), (c), (d) and (e)	Paragraphs (a), (b) and (c)
The Metropolitan Police Force	Relevant Source Authorisation Commander Long Term Authorisation Assistant Commissioner	Superintendent	Paragraphs (a), (b), (c), (d) and (e)	Paragraphs (a), (b) and (c)
The Police Service of Northern Ireland	Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable	Superintendent	Paragraphs (a), (b), (c), (d) and (e)	Paragraphs (a), (b) and (c)
The Police Service of Scotland	Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable	Superintendent	Paragraphs (a), (b), (c), (d) and (e)	Paragraphs (a) and (c)
The Ministry of Defence Police	Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable	Superintendent	Paragraphs (a), (b) and (c)	Paragraphs (a), (b) and (c)
The Royal Navy Police	Relevant Source Authorisation Commander Long Term Authorisation Provost Marshal (Navy)	Lieutenant Commander	Paragraphs (a), (b) and (c)	Paragraphs (a), (b) and (c)
F78The tri-service serious crime unit	Relevant Source Authorisation: Squadron Leader, Major, or Lieutenant Commander Long Term Authorisation: Provost Marshal for serious crime	Squadron Leader, Major, or Lieutenant Commander	Paragraphs (a), (b) and (c)	Paragraphs (a), (b) and (c)
The Royal Military Police	Relevant Source Authorisation Colonel Long Term Authorisation Provost Marshal (Army)	Major	Paragraphs (a), (b) and (c)	Paragraphs (a), (b) and (c)
The Royal Air Force Police	Relevant Source Authorisation Wing Commander Long Term Authorisation Provost Marshal (Royal Air Force)	Squadron Leader	Paragraphs (a), (b) and (c)	Paragraphs (a), (b) and (c)
The British Transport Police	Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable	Superintendent	Paragraphs (a), (b), (c), (d) and (e)	Paragraphs (a), (b) and (c)
The National Crime Agency	Relevant Source Authorisation Deputy Director Long Term Authorisation Deputy Director General	Grade 2 Senior Manager	Paragraph (b)	Paragraph (b)
Her Majesty’s Revenue and Customs	Relevant Source Authorisation Assistant Director Long Term Authorisation Director Criminal Investigation	Senior Officer	Paragraphs (a), (b), (d), (e) and (f)	Paragraphs (a) and (b)
The Home Office	Relevant Source Authorisation Senior Civil Service pay band 1 with responsibility for criminal investigations in relation to immigration and border security Long Term Authorisation Director General with responsibility for criminal investigations in relation to immigration and border security	Grade 6 with responsibility for criminal investigations in relation to immigration and border security	Paragraphs (b), (c) and (d)	Paragraphs (b) and (c)

F79PART 1B

Offices etc and Restrictions in Respect of Public Authorities Specified in Part A1 of Schedule 1 to the Act

(1) Relevant public authorities	(2) Prescribed Offices etc	(3) Urgent cases	(4) Grounds set out in section 29B(5)
A police force maintained under section 2 of the Police Act 1996	Superintendent	Inspector	Paragraphs (a), (b) and (c)
The Metropolitan police force	Superintendent	Inspector	Paragraphs (a), (b) and (c)
The City of London police force	Superintendent	Inspector	Paragraphs (a), (b) and (c)
The Police Service of Scotland	Superintendent	Inspector	Paragraphs (a) and (c)
The Police Service of Northern Ireland	Superintendent	Superintendent	Paragraphs (a), (b) and (c)
The Ministry of Defence Police	Superintendent	Inspector	Paragraphs (a), (b) and (c)
The Royal Navy Police	Commander	Lieutenant Commander	Paragraphs (a), (b) and (c)
The Royal Military Police	Lieutenant Colonel	Major	Paragraphs (a), (b) and (c)
The Royal Air Force Police	Wing Commander	Squadron Leader	Paragraphs (a), (b) and (c)
The British Transport Police	Superintendent	Inspector	Paragraphs (a), (b) and (c)
The National Crime Agency	Senior Manager (Grade 2)	Principal Officer (Grade 3)	Paragraph (b)
The Security Service	General Duties 3 or any other Officer at Level 3	–	Paragraphs (a), (b) and (c)
The Secret Intelligence Service	Grade 6 or equivalent	–	Paragraphs (a), (b) and (c)
The Government Communications Headquarters	GC8	–	Paragraphs (a), (b) and (c)
The Royal Navy	Commander	Lieutenant Commander	Paragraphs (a), (b) and (c)
The Army	Lieutenant Colonel	Major	Paragraphs (a), (b) and (c)
The Royal Air Force	Wing Commander	Squadron Leader	Paragraphs (a), (b) and (c)
Her Majesty’s Revenue and Customs	Senior Officer	Higher Officer	Paragraphs (a) and (b)
The Department of Health and Social Care	Grade 6 in the Medicines and Healthcare Products Regulatory Authority	Grade 7 in the Medicines and Healthcare Products Regulatory Authority	Paragraph (b)
The Home Office	Immigration Inspector or Senior Officer with responsibility for immigration and border security investigations and functions	Chief Immigration Officer or Higher Officer with responsibility for immigration and border security investigations and functions	Paragraphs (b) and (c)
The Ministry of Justice	A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service	A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service	Paragraph (b)
The Competition and Markets Authority	Any member of the Senior Civil Service with responsibility for cartels or criminal enforcement	Grade 6 in the Cartels and Criminal Enforcement Group	Paragraphs (b) and (c)
The Environment Agency	Deputy Director National Enforcement Service or equivalent Deputy Director	–	Paragraph (b)
The Financial Conduct Authority	A Head of Department in the Enforcement and Financial Crime Division	A Manager in the Enforcement and Financial Crime Division	Paragraph (b)
The Food Standards Agency	Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department	Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit	Paragraph (b)
The Gambling Commission	Senior Manager	–	Paragraph (b)
The Serious Fraud Office	Grade 6	–	Paragraph (b)

PART 2OFFICES, ETC. AND RESTRICTIONS IN RESPECT OF RELEVANT PUBLIC AUTHORITIES SPECIFIED IN PART 2 OF SCHEDULE 1 TO THE ACT

(1) Relevant public authorities	(2) Prescribed offices etc.	(3) Urgent cases	(4) Grounds set out in paragraphs of section 28(3) of the Act

A Special Health Authority established under section 28 of the National Health Service Act 200619 or section 22 of the National Health Service (Wales) Act 200620	Senior Manager (not below the grade of Agenda for Change pay band 8b) F80in the exercise of the Secretary of State’s counter fraud functions, within the meaning of section 195 of the National Health Service Act 2006	—	Paragraph (b)

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills	F81Deputy Director or Principal Officer	—	Paragraph (b)

The Information Commissioner	Head of Enforcement	Senior Investigating Officer	Paragraph (b)

F82General Pharmaceutical Council	Director F83...	—	Paragraphs (b), (d) and (e)

F84...	F85...	F86...	F87...

F88...	F88...	F88...	F88...

The Department for Work and Pensions	Senior Executive Officer or equivalent grade in Jobcentre Plus	Higher Executive Officer or equivalent grade in Jobcentre Plus	Paragraph (b)
	F89Senior Executive Officer or equivalent grade carrying out functions in relation to child support	F90Higher Executive Office or equivalent grade carrying out functions in relation to child support	F91Paragraph (b)
	Senior Executive Officer or equivalent grade in Department for Work and Pensions Risk Assurance Division	—	Paragraph (b)

F92. . .	F92. . .	F92. . .	F92. . .

A universal service provider (within the meaning of F93Part 3 of the Postal Services Act 2011) acting in connection with the provision of a universal postal service (within the meaning of that Act)	Senior Investigation Manager in Royal Mail Group Ltd	—	Paragraph (b)

F94The Natural Resources Body for Wales	F95Head of Operations	F96Operations Manager or Enforcement Manager	Paragraphs (b), (d) and (e)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order consolidates the Orders revoked, or partially revoked, by article 10 of this Order.

Under section 30(1) of the Regulation of Investigatory Powers Act 2000 (“the Act”), the persons designated for the purposes of sections 28 and 29 of that Act are the individuals holding such offices, rank and positions with relevant public authorities as are prescribed for the purposes of section 30(1) by order made by the Secretary of State. Under section 28(1), the persons designated for the purposes of that section have power to grant authorisations for the carrying out of directed surveillance (as defined by section 26(2)). Under section 29(1), the persons designated for the purposes of that section have power to grant authorisations for the conduct or the use of a covert human surveillance source (as defined by section 26(7) and (8)). Under section 30(4), a public authority must be specified in Part 1 of Schedule 1 to the Act in order to be a relevant public authority in relation to section 29. A public authority which is specified in either Part 1 or Part 2 of that Schedule is a relevant public authority for the purposes of section 28.

Article 3 and the Schedule to this Order prescribe the offices, positions and ranks in column (2) of the Schedule for these purposes. Article 4 and the Schedule to this Order prescribe the offices, positions and ranks in column (3) for the granting of authorisations in urgent cases. Articles 5 to 7 set out restrictions on the circumstances in which authorisations can be granted.

The main substantive changes to the content of the Orders revoked by this Order are made by article 2 which amends Schedule 1 to the Act to:

replace a reference which is now spent (by substituting “any fire and rescue authority under the Fire and Rescue Services Act 2004” for “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)”);
move four public authorities from Part 1 to Part 2 (the force comprising the special constables nominated by the Dover Harbour Board, the Department for Work and Pensions, the Postal Services Commission and a universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act));
move one authority from Part 2 to Part 1 (the Health and Safety Executive);
remove one public authority from the Schedule (the Ministry of Defence); and
add one new public authority to the list of relevant public authorities in Part 2 (the Child Maintenance and Enforcement Commission).

Consequential amendments are made to the Schedule to this Order. In addition, no entry is included in respect of the Royal Parks Constabulary consequent on the coming into force of the repeal of the entry in respect of that Constabulary in Part 2 of Schedule 1 to the Act.