Investigatory Powers Act 2016

Local authorities

73 Local authorities as relevant public authorities

(1) A local authority is a relevant public authority for the purposes of this Part.

(2) In this Part “designated senior officer”, in relation to a local authority, means an individual who holds with the authority—

(a) the position of director, head of service or service manager (or equivalent), or

(b) a higher position.

(3) A designated senior officer of a local authority may grant an authorisation for obtaining communications data only if section 61(1)(a) is met in relation to a purpose within section 61(7)(b).

(4) The Secretary of State may by regulations amend subsection (2).

(5) Before making regulations under subsection (4) which amend subsection (2) so as to replace an office, rank or position specified in that subsection with a lower office, rank or position, the Secretary of State must consult—

(a) the Investigatory Powers Commissioner, and

(b) each local authority to which the amendment relates.

(6) A statutory instrument containing regulations under subsection (4) to which subsection (5) applies may not be made except in accordance with the enhanced affirmative procedure.

(7) Sections 74 and 75 impose further restrictions in relation to the grant of authorisations by local authorities.

74 Requirement to be party to collaboration agreement

(1) A designated senior officer of a local authority may not grant an authorisation unless—

(a) the local authority is a party to a collaboration agreement (whether as a supplying authority or a subscribing authority or both), and

(b) that collaboration agreement is certified by the Secretary of State (having regard to guidance given by virtue of section 79(6) and (7)) as being appropriate for the local authority.

(2) A designated senior officer of a local authority may only grant an authorisation to a person within subsection (3).

(3) A person is within this subsection if the person is an officer of a relevant public authority which is a supplying authority under a collaboration agreement to which the local authority is a party.

(4) If the local authority is itself a supplying authority under a collaboration agreement with the result that officers of the local authority are permitted to be granted authorisations by a designated senior officer of a subscribing authority, the persons within subsection (3) include officers of the local authority.

(5) In this section “collaboration agreement”, “subscribing authority” and “supplying authority” have the same meaning as in section 78.

75 Judicial approval for local authority authorisations

(1) This section applies to an authorisation granted by a designated senior officer of a local authority other than an authorisation to which section 77 applies.

(2) The authorisation is not to take effect until such time (if any) as the relevant judicial authority has made an order under this section approving it.

(3) The local authority may apply to the relevant judicial authority for an order under this section approving the authorisation.

(4) The local authority is not required to give notice of the application to—

(a) any person to whom the authorisation relates, or

(b) that person’s legal representatives.

(5) The relevant judicial authority may approve the authorisation if, and only if, the relevant judicial authority considers that—

(a) at the time of the grant, there were reasonable grounds for considering that the requirements of this Part were satisfied in relation to the authorisation, and

(b) at the time when the relevant judicial authority is considering the matter, there are reasonable grounds for considering that the requirements of this Part would be satisfied if an equivalent new authorisation were granted at that time.

(6) Where, on an application under this section, the relevant judicial authority refuses to approve the grant of the authorisation, the relevant judicial authority may make an order quashing the authorisation.

(7) In this section “the relevant judicial authority” means—

(a) in relation to England and Wales, a justice of the peace,

(b) in relation to Scotland, a sheriff, and

(c) in relation to Northern Ireland, a district judge (magistrates’ courts) in Northern Ireland.

(8) See also sections 77A and 77B of the Regulation of Investigatory Powers Act 2000 (procedure for orders under this section of a sheriff in Scotland or a district judge (magistrates’ courts) in Northern Ireland).