Amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 20104.
(1)
(2)
“(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”.
(3)
“(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.”.
(4)
In article 5 (restrictions on the granting of authorisations)—
(a)
in paragraph (1), after “column (2) or (3)” insert “of Parts 1, 1A and 2”;
(b)
“(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.”;
(c)
in paragraph (2)—
(i)
in sub-paragraph (aa)—
(aa)
after “29(3)” insert “or 29B(5)”;
(bb)
omit “or” at the end of the sub-paragraph;
(ii)
“(ab)
section 29B(5) of the Act in the case of an entry in Part 1B, or”.
(5)
In article 8 (restrictions on granting of authorisations apply to more senior offices etc.), for “28 and 29” substitute “28, 29 and 29B”.
(6)
In Part 1 of the Schedule (offices etc. and restrictions in respect of public authorities specified in Part 1 of Schedule 1 to the Act)—
(a)
in the entry for the Police Service of Northern Ireland, column (3), for “Inspector” substitute “Superintendent”;
(b)
in the entry for the Ministry of Justice—
(i)
for both entries in column (2), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;
(ii)
for both entries in column (3), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;
(c)
in the entry for the Environment Agency, omit “Area Director or”;
(d)
in the entry for the Food Standards Agency—
(i)
for each entry in column (2) substitute “Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department”;
(ii)
“Section 28 authorisation
Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit
Section 29 authorisation
Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit”.
(7)
“(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 19965Relevant 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)
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)”.
(8)
“PART 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 Scotland6Superintendent
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)”