SCHEDULE 2
PART 1MODIFICATIONS OF PUBLIC GENERAL ACTS
Regulation of Investigatory Powers Act 2000
33
1
The 2000 Act134) is modified as follows.
2
In section 6(2)135 (application for issue of an interception warrant)—
a
omit paragraph (da)136; and
b
in paragraph (g), for the words from “any” to the end, substitute “the Police Service of Scotland”.
3
In section 17(3) (exclusion of matters from legal proceedings)137, omit paragraph (ca).
4
In section 19(2) (offence for unauthorised disclosures)138, omit paragraph (ca).
5
In section 22 (obtaining and disclosing communications data)139—
a
omit subsections (3E) to (3H);
b
in subsection (3I), for “Subsections (3B) and (3F) are” substitute “Subsection (3B) is”; and
c
in subsection (5), for “, (3B) or (3F)” substitute “or (3B)”.
6
In section 23 (form and duration of authorisations and notices)140—
a
in subsection (1), for “, (3B) or (3F)” substitute “or (3B)”;
b
in subsection (2A), for “, (3B) or (3F)” substitute “or (3B)”;
c
in subsection (3), for “subsections (3A) and (3D)” substitute “subsection (3A)”;
d
omit subsections (3D) to (3F); and
e
in each of subsections (4), (5) and (6), for “, (3B) or (3F)” substitute “or (3B)”.
7
In section 23A (authorisations requiring judicial approval)141 in subsections (1)(a) and (3), for “, (3B) or (3F)”, in both places, substitute “or (3B)”.
8
In section 25(1) (interpretation of Chapter II)142, in the definition of “relevant public authority”, omit paragraph (ca).
9
In section 29 (authorisation of covert human intelligence sources)143—
a
in subsection (2)(c), omit sub-paragraph (ii);
b
in subsection (2A), omit paragraph (b) and the word “and” which precedes it;
c
omit subsections (4B) and (7B); and
d
in subsection (10), omit paragraph (b) and the word “and” which precedes it.
10
In section 32(6)(d) (authorisation of intrusive surveillance), for the words from “every” to the end, substitute “the Police Service of Scotland”;
11
In section 33 (rules for grant of authorisations)144—
a
in subsection (1), for “subsections (1ZB) and (1ZE)” substitute “subsection (1ZB)”;
b
omit subsections (1ZD) to (1ZF) and (1B);
c
in subsection (3), for “subsections (3ZB) and (3ZE)” substitute “subsection (3ZB)”;
d
omit subsections (3ZD) to (3ZF);
e
in subsection (5)(a), omit “or a member of the Scottish Crime and Drug Enforcement Agency”;
f
omit subsection (5B); and
g
in subsection (6)—
i
in paragraph (a)—
aa
after second “force” insert “or”;
bb
omit from first “or” to “1967”; and
ii
after paragraph (a) insert—
aa
the area of operation of the Police Service of Scotland is Scotland;
12
In section 34 (grant of authorisations in the senior officer’s absence)145—
a
in subsection (4)(d), for the words from second “a” to the end, substitute “the Police Service of Scotland if he holds the rank of deputy or assistant chief constable of the Police Service of Scotland”; and
b
in subsection (6)(aa), for the words from “for” to the end of that paragraph substitute “of the Police Service of Scotland, means the deputy chief constable designated under section 18(3) of the Police and Fire Reform (Scotland) Act 2012;”.
13
In section 36(7)(a) (approval required for authorisations to take effect), for sub-paragraph (iii) substitute—
iii
the chief constable of the Police Service of Scotland,
14
In section 45(6) (cancellation of authorisations)146—
a
in paragraph (a), for sub-paragraph (iii) substitute—
iii
the chief constable of the Police Service of Scotland,
b
after paragraph (b) insert “and”; and
c
omit paragraph (ca) and the word “and” which precedes it.
15
In section 49(1) (notices requiring disclosure)147—
a
in paragraph (c), for “, (3B) or (3F)” substitute “or (3B)”; and
b
in paragraph (e), omit “, SCDEA” (in both places).
16
In section 51 (cases in which key required)148—
a
in subsection (2)—
i
omit first “SCDEA,”; and
ii
omit paragraph (ab);
b
in subsection (3), omit “the Director General of the Scottish Crime and Drug Enforcement Agency,”; and
c
in subsection (6), omit “by the Director General of the Scottish Crime and Drug Enforcement Agency,”.
17
In section 54(3) (tipping-off)149, omit “SCDEA,” in paragraphs (a) and (b).
18
In section 55 (general duties of specified authorities)150—
a
in subsection (1), omit paragraph (bb); and
b
omit subsection (3B).
19
In section 56(1) (interpretation of Part III)151—
a
in the definition of “chief officer of police”—
i
in paragraph (a), omit “or section 1 of the Police (Scotland) Act 1967”; and
ii
after paragraph (c) insert—
ca
the chief constable of the Police Service of Scotland;
b
in the definition of “the police”, in paragraph (a), omit “or a constable who is a member of the Scottish Crime and Drug Enforcement Agency”; and
c
omit the definition of “SCDEA”.
20
In section 58(1) (co-operation with and reports by s.57 Commissioner)152—
a
omit paragraph (ba); and
b
in paragraph (g), for “, (3B) or (3F)” substitute “or (3B)”.
21
In section 65(6) (the Tribunal)153—
a
after paragraph (c) insert—
ca
the Police Investigations and Review Commissioner;
b
omit paragraph (da).
22
In section 68(7) (Tribunal procedure)154—
a
omit paragraph (ba);
b
after paragraph (d) insert—
da
the Police Investigations and Review Commissioner and every member of the Commissioner’s staff;
c
in paragraph (g), for “, (3B) or (3F)” substitute “or (3B)”.
23
In section 76A(11) (foreign surveillance operations)155, in the definition of “United Kingdom officer”, omit paragraph (c).
24
In section 81(1) (general interpretation)156, in the definition of “police force”, for paragraph (d) substitute—
d
the Police Service of Scotland;
25
In Schedule 1 (relevant public authorities)157, omit paragraph 2A.
26
In Schedule 2 (persons having the appropriate permission)158—
a
in paragraph 2(3) and (5), omit “, SCDEA”;
b
in paragraph 4(2), omit “SCDEA,” (in every place);
c
in paragraph 5(3)(b), omit “, SCDEA”; and
d
in paragraph 6—
i
omit sub-paragraph (3B); and
ii
in sub-paragraph (6), omit “or a constable who is a member of the Scottish Crime and Drug Enforcement Agency”.