Regulation of Investigatory Powers Act 2000

• Citation: 2000 c. 23
• Sections: 234

Section 1 Unlawful interception.

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Section 2 Meaning and location of “interception”

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Section 3 Lawful interception without an interception warrant.

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Section 4 Power to provide for lawful interception.

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Section 5 Interception with a warrant.

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Section 6 Application for issue of an interception warrant.

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Section 7 Issue of warrants.

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Section 8 Contents of warrants.

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Section 9 Duration, cancellation and renewal of warrants.

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Section 10 Modification of warrants and certificates.

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Section 11 Implementation of warrants.

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Section 12 Maintenance of interception capability.

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Section 13 Technical Advisory Board.

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Section 14 Grants for interception costs.

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Section 15 General safeguards.

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Section 16 Extra safeguards in the case of certificated warrants.

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Section 17 Exclusion of matters from legal proceedings.

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Section 18 Exceptions to section 17.

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Section 19 Offence for unauthorised disclosures.

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Section 20 Interpretation of Chapter I.

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Section 21 Lawful acquisition and disclosure of communications data.

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Section 22 Obtaining and disclosing communications data.

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Section 23 Form and duration of authorisations and notices.

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Section 23A Authorisations requiring judicial approval

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Section 23B Procedure for judicial approval

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Section 24 Arrangements for payments.

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Section 25 Interpretation of Chapter II.

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Section 26 Conduct to which Part II applies.

(1) This Part applies to the following conduct—

(a) directed surveillance;

(b) intrusive surveillance; ...

(c) the conduct and use of covert human intelligence sources ; and

(d) criminal conduct in the course of, or otherwise in connection with, the conduct of covert human intelligence sources

(2) Subject to subsection (6), surveillance is directed for the purposes of this Part if it is covert but not intrusive and is undertaken—

(a) for the purposes of a specific investigation or a specific operation;

(b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and

(c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.

(3) Subject to subsections (4) to (6), surveillance is intrusive for the purposes of this Part if, and only if, it is covert surveillance that—

(a) is carried out in relation to anything taking place on any residential premises or in any private vehicle; and

(b) involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.

(4) For the purposes of this Part surveillance is not intrusive to the extent that—

(a) it is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle; or

(b) it is surveillance consisting in any such interception of a communication as falls within section 48(4).

(5) For the purposes of this Part surveillance which—

(a) is carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle, but

(b) is carried out without that device being present on the premises or in the vehicle,

is not intrusive unless the device is such that it consistently provides information of the same quality and detail as might be expected to be obtained from a device actually present on the premises or in the vehicle.

(6) For the purposes of this Part surveillance which—

(a) is carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of Part 4 of the Communications Act 2003) , and

(b) is carried out from outside those premises exclusively for that purpose,

is neither directed nor intrusive.

(7) In this Part—

(a) references to the conduct of a covert human intelligence source are references to any conduct of such a source which falls within any of paragraphs (a) to (c) of subsection (8), or is incidental to anything falling within any of those paragraphs; and

(b) references to the use of a covert human intelligence source are references to inducing, asking or assisting a person to engage in the conduct of such a source, or to obtain information by means of the conduct of such a source.

(8) For the purposes of this Part a person is a covert human intelligence source if—

(a) he establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c);

(b) he covertly uses such a relationship to obtain information or to provide access to any information to another person; or

(c) he covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.

(8A) In this Part references to criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source are references to any conduct that—

(a) disregarding this Part, would constitute crime, and

(b) consists of, is in the course of, or is otherwise in connection with, the conduct of a covert human intelligence source.

(9) For the purposes of this section—

(a) surveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that it is or may be taking place;

(b) a purpose is covert, in relation to the establishment or maintenance of a personal or other relationship, if and only if the relationship is conducted in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the purpose; and

(c) a relationship is used covertly, and information obtained as mentioned in subsection (8)(c) is disclosed covertly, if and only if it is used or, as the case may be, disclosed in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the use or disclosure in question.

(10) In this section “ private information ”, in relation to a person, includes any information relating to his private or family life.

(11) References in this section, in relation to a vehicle, to the presence of a surveillance device in the vehicle include references to its being located on or under the vehicle and also include references to its being attached to it.

Section 27 Lawful surveillance etc.

(1) Conduct to which this Part applies shall be lawful for all purposes if—

(a) an authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; and

(b) his conduct is in accordance with the authorisation.

(2) A person shall not be subject to any civil liability in respect of any conduct of his which—

(a) is incidental to any conduct that is lawful by virtue of subsection (1); and

(b) is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.

(3) The conduct that may be authorised under this Part includes conduct outside the United Kingdom.

(4) In this section “ relevant enactment ” means—

(a) an enactment contained in this Act or the Investigatory Powers Act 2016 ;

(b) section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or

(c) an enactment contained in Part III of the Police Act 1997 (powers of the police and of officers of Revenue and Customs).

Section 27A Section 27: criminal injuries compensation for s. 29B conduct

For the purposes of—

(a) the Criminal Injuries Compensation Act 1995,

(b) the Scheme made under that Act,

(c) the Criminal Injuries Compensation (Northern Ireland) Order 2002 (S.I. 2002/796 (N.I. 1)), and

(d) the Scheme made under that Order,

section 27(1) has no effect in relation to conduct authorised under section 29B.

Section 28 Authorisation of directed surveillance.

(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the carrying out of directed surveillance.

(2) A person shall not grant an authorisation for the carrying out of directed surveillance unless he believes—

(a) that the authorisation is necessary on grounds falling within subsection (3); and

(b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.

(3) An authorisation is necessary on grounds falling within this subsection if it is necessary—

(a) in the interests of national security;

(b) for the purpose of preventing or detecting crime or of preventing disorder;

(c) in the interests of the economic well-being of the United Kingdom;

(d) in the interests of public safety;

(e) for the purpose of protecting public health;

(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or

(g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

(4) The conduct that is authorised by an authorisation for the carrying out of directed surveillance is any conduct that—

(a) consists in the carrying out of directed surveillance of any such description as is specified in the authorisation; and

(b) is carried out in the circumstances described in the authorisation and for the purposes of the investigation or operation specified or described in the authorisation.

(5) The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Section 29 Authorisation of covert human intelligence sources.

(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the conduct or the use of a covert human intelligence source.

(2) A person shall not grant an authorisation for the conduct or the use of a covert human intelligence source unless he believes—

(a) that the authorisation is necessary on grounds falling within subsection (3);

(b) that the authorised conduct or use is proportionate to what is sought to be achieved by that conduct or use; and

(c) that arrangements exist for the source's case that satisfy—

(i) the requirements of subsection (4A), in the case of a source of a relevant collaborative unit;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the requirements of subsection (5), in the case of any other source;

and that satisfy such other requirements as may be imposed by order made by the Secretary of State.

(2A) For the meaning of “relevant collaborative unit” in subsection (2)(c)(i), see section 29A.

(3) An authorisation is necessary on grounds falling within this subsection if it is necessary—

(a) in the interests of national security;

(b) for the purpose of preventing or detecting crime or of preventing disorder;

(c) in the interests of the economic well-being of the United Kingdom;

(d) in the interests of public safety;

(e) for the purpose of protecting public health;

(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or

(g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

(4) The conduct that is authorised by an authorisation for the conduct or the use of a covert human intelligence source is any conduct that—

(a) is comprised in any such activities involving conduct of a covert human intelligence source, or the use of a covert human intelligence source, as are specified or described in the authorisation;

(b) consists in conduct by or in relation to the person who is so specified or described as the person to whose actions as a covert human intelligence source the authorisation relates; and

(c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

(4A) For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—

(a) that there will at all times be a qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare (see section 29A for the meaning of “qualifying person”) ;

(b) that there will at all times be another qualifying person who will have general oversight of the use made of the source;

(c) that there will at all times be a qualifying person who will have responsibility for maintaining a record of the use made of the source;

(d) that the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

(e) that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

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(5) For the purposes of this Part there are arrangements for the source’s case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—

(a) that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have day-to-day responsibility for dealing with the source on behalf of that authority, and for the source’s security and welfare;

(b) that there will at all times be another person holding an office, rank or position with the relevant investigating authority who will have general oversight of the use made of the source;

(c) that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have responsibility for maintaining a record of the use made of the source;

(d) that the records relating to the source that are maintained by the relevant investigating authority will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

(e) that records maintained by the relevant investigating authority that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

(6) The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(6ZA) An authorisation for the conduct or the use of a covert human intelligence source does not authorise any criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source (but see section 29B for provision for the authorisation of such conduct).

(6A) An authorisation under this section may not have the effect of authorising a covert human intelligence source who is a person designated under section 38 of the Police Reform Act 2002 to establish contact in person with another person.

(7) The Secretary of State may by order—

(a) prohibit the authorisation under this section of any such conduct or uses of covert human intelligence sources as may be described in the order; and

(b) impose requirements, in addition to those provided for by subsection (2), that must be satisfied before an authorisation is granted under this section for any such conduct or uses of covert human intelligence sources as may be so described.

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(7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section “ relevant investigating authority ”, in relation to an authorisation for the conduct or the use of an individual as a covert human intelligence source, means (subject to subsection (9)) the public authority for whose benefit the activities of that individual as such a source are to take place.

(9) In the case of any authorisation for the conduct or the use of a covert human intelligence source whose activities are to be for the benefit of more than one public authority, the references in subsection (5) to the relevant investigating authority are references to one of them (whether or not the same one in the case of each reference).

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29A Section 29: supplementary provision in relation to relevant collaborative units

(1) For the purposes of section 29(2)(c)(i), a “relevant collaborative unit” is a unit that falls within subsection (2) or (3).

(2) A unit falls within this subsection if—

(a) it consists of two or more police forces whose chief officers of police have made an agreement under section 22A of the Police Act 1996, and

(b) the agreement relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the covert human intelligence source concerned.

(3) A unit falls within this subsection if—

(a) it consists of one or more police forces and the National Crime Agency,

(b) it is in place by virtue of an agreement made under section 22A of the Police Act 1996, and

(c) the agreement relates to the discharge by persons holding offices, ranks or positions within any such force, or by persons who are National Crime Agency officers, of functions in connection with the conduct or use of the covert human intelligence source concerned.

(4) In the case of a relevant collaborative unit that falls within subsection (2), a person is a “ qualifying person ” for the purposes of section 29(4A) if—

(a) the person holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (2)(a) above, and

(b) the person is permitted by the terms of the agreement to have the responsibility mentioned in section 29(4A)(a) or (c) or the general oversight mentioned in section 29(4A)(b).

(5) In the case of a relevant collaborative unit that falls within subsection (3), a person is a qualifying person for the purposes of section 29(4A) if—

(a) the person—

(i) is a National Crime Agency officer, or

(ii) holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(b) above, and

(b) the person is permitted by the terms of the agreement to have the responsibility mentioned in section 29(4A)(a) or (c) or the general oversight mentioned in section 29(4A)(b).

(6) For the purposes of this section references to a police force are to the following—

(a) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London),

(b) the metropolitan police force, and

(c) the City of London police force.

Section 29B Covert human intelligence sources: criminal conduct authorisations

(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section each have power to grant criminal conduct authorisations.

(2) A “criminal conduct authorisation” is an authorisation for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source.

(3) A criminal conduct authorisation may only be granted in relation to a covert human intelligence source after, or at the same time as, an authorisation under section 29 which authorises the conduct or the use of the covert human intelligence source concerned.

(4) A person may not grant a criminal conduct authorisation unless the person believes—

(a) that the authorisation is necessary on grounds falling within subsection (5);

(b) that the authorised conduct is proportionate to what is sought to be achieved by that conduct; and

(c) that arrangements exist that satisfy such requirements as may be imposed by order made by the Secretary of State.

(5) A criminal conduct authorisation is necessary on grounds falling within this subsection if it is necessary—

(a) in the interests of national security;

(b) for the purpose of preventing or detecting crime or of preventing disorder; or

(c) in the interests of the economic well-being of the United Kingdom.

(6) In considering whether the requirements in subsection (4)(a) and (b) are satisfied, the person must take into account whether what is sought to be achieved by the authorised conduct could reasonably be achieved by other conduct which would not constitute crime.

(7) Subsection (6) is without prejudice to the need to take into account other matters so far as they are relevant (for example, the requirements of the Human Rights Act 1998).

(8) The conduct that is authorised by a criminal conduct authorisation is any conduct that—

(a) is comprised in any activities—

(i) which involve criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source, and

(ii) are specified or described in the authorisation;

(b) consists in conduct by or in relation to the person who is so specified or described as the covert human intelligence source to whom the authorisation relates; and

(c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

(9) If an authorisation under section 29, which authorises the conduct or the use of a covert human intelligence source to whom a criminal conduct authorisation relates, ceases to have effect, the criminal conduct authorisation also ceases to have effect so far as it relates to that covert human intelligence source (but this is without prejudice to whether the criminal conduct authorisation continues to have effect so far as it relates to any other covert human intelligence source).

(10) The Secretary of State may by order—

(a) prohibit the authorisation under this section of any such conduct as may be described in the order; and

(b) impose requirements, in addition to those provided for by subsections (3) and (4) and sections 29C and 29D, that must be satisfied before an authorisation is granted under this section for any such conduct as may be so described.

Section 29C Criminal conduct authorisations: safeguards for juveniles

(1) This section applies in relation to the grant of a juvenile criminal conduct authorisation.

(2) “A juvenile criminal conduct authorisation” is an authorisation under section 29B for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source where that source is under the age of 18 (“the juvenile source”).

(3) In addition to satisfying the requirements of section 29B, a person may grant a juvenile criminal conduct authorisation only if—

(a) the person has considered the results of an appropriate risk assessment;

(b) there are exceptional circumstances such that—

(i) it is not reasonably foreseeable in the circumstances as the person believes them to be that any harm to the juvenile source would result from the grant of the authorisation, and

(ii) the person believes the authorisation would be compatible with the need to safeguard and promote the best interests of the juvenile source; and

(c) the person believes that appropriate arrangements for meetings are in force.

(4) For the purposes of subsection (3)(a), “ an appropriate risk assessment ” means an assessment which—

(a) identifies and evaluates the nature and magnitude of the risks of harm to the juvenile source arising in the course of, or as result of, the conduct authorised by the authorisation; and

(b) is carried out in accordance with provision made by the Secretary of State by regulations under this paragraph.

(5) In subsections (3)(b)(i) and (4)(a), “ harm ” means—

(a) physical injury; or

(b) psychological distress.

(6) For the purposes of subsection (3)(c), “appropriate arrangements for meetings” are such arrangements for the juvenile source's case as are necessary for ensuring—

(a) that, at all times when the juvenile source is under the age of 16, there will be a relevant person who will have responsibility for ensuring that an appropriate adult is present at all meetings in relation to the authorisation which take place between the source and a person representing a relevant investigating authority; and

(b) that, at all times when the juvenile source is 16 or 17 years old, there will be a relevant person who will have responsibility for—

(i) ensuring that an appropriate adult is present at all meetings in relation to the authorisation which take place between the source and a person representing a relevant investigating authority, other than any such meeting in relation to which a relevant person decides there are circumstances which justify the absence of an appropriate adult, and

(ii) maintaining a record of the reasons for each such decision that there are circumstances in relation to a meeting which justify the absence of an appropriate adult.

(7) In subsection (6)—

“ appropriate adult ”, in relation to a juvenile source, means—

the parent or guardian of the juvenile source; or

any other person who—

has for the time being assumed responsibility for the juvenile source's welfare, or

is otherwise qualified to represent the interests of the juvenile source;

“ relevant investigating authority ”, in relation to a juvenile criminal conduct authorisation, means the public authority, or (as the case may be) one of the public authorities, for whose benefit the activities of the juvenile source as a covert human intelligence source are to take place;

“ relevant person ”, in relation to a juvenile criminal conduct authorisation, means a person holding an office, rank or position with a relevant investigating authority in relation to the authorisation;

and in this subsection, “ guardian ”, in relation to a juvenile source, has the same meaning as “guardian of a child” in the Children Act 1989 (see section 105 of that Act).

(8) No provision made by or under this section affects the power to make additional provision by order under section 29B(4)(c) or (10) in relation to the grant of a juvenile criminal conduct authorisation.

Section 29D Criminal conduct authorisations: safeguards for vulnerable adults

(1) This section applies in relation to the grant of a vulnerable adult criminal conduct authorisation.

(2) “A vulnerable adult criminal conduct authorisation” is an authorisation under section 29B for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source where that source is a vulnerable adult (“the vulnerable adult source”).

(3) For the purposes of this section, a “vulnerable adult” is a person aged 18 or over who by reason of mental disorder or vulnerability, disability, age or illness, is or may be unable to take care of themselves or to protect themselves against significant harm or exploitation.

(4) In addition to satisfying the requirements of section 29B, a person may grant a vulnerable adult criminal conduct authorisation only if the person—

(a) has considered the results of an appropriate risk assessment;

(b) believes that the risks of harm identified by that risk assessment have been properly explained to and understood by the vulnerable adult source; and

(c) has taken into account the need to safeguard and promote the best interests of the vulnerable adult source.

(5) “ An appropriate risk assessment ” means an assessment which—

(a) identifies and evaluates the nature and magnitude of the risks of harm to the vulnerable adult source arising in the course of, or as result of, the conduct authorised by the authorisation; and

(b) is carried out in accordance with provision made by the Secretary of State by regulations under this paragraph.

(6) For the purposes of subsections (3), (4)(b) and (5)(a), “ harm ” means—

(a) physical injury; or

(b) psychological distress.

(7) No provision made by or under this section affects the power to make additional provision by order under section 29B(4)(c) or (10) in relation to the grant of a vulnerable adult criminal conduct authorisation.

Section 30 Persons entitled to grant authorisations under ss. 28 , 29 and 29B .

(1) Subject to subsection (3), the persons designated for the purposes of sections 28 , 29 and 29B are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order under this section.

(2) For the purposes of the grant of an authorisation that combines—

(a) an authorisation under section 28 , 29 or 29B , and

(b) an authorisation by the Secretary of State for the carrying out of intrusive surveillance,

the Secretary of State himself shall be a person designated for the purposes of that section.

(3) An order under this section may impose restrictions—

(a) on the authorisations under sections 28 , 29 and 29B that may be granted by any individual holding an office, rank or position with a specified public authority; and

(b) on the circumstances in which, or the purposes for which, such authorisations may be granted by any such individual.

(4) A public authority is a relevant public authority for the purposes of this section—

(a) in relation to section 28 if it is specified in Part A1, 1 or 2 of Schedule 1; ...

(b) in relation to section 29 if it is specified in Part A1 or 1 of that Schedule ; and

(c) in relation to section 29B if it is specified in Part A1 of that Schedule

(5) An order under this section may amend Schedule 1 by—

(a) adding a public authority to Part A1, 1 or 2 of that Schedule;

(b) removing a public authority from that Schedule;

(c) moving a public authority from one Part of that Schedule to another ;

(d) making any change consequential on any change in the name of a public authority specified in that Schedule.

(6) Without prejudice to section 31, the power to make an order under this section shall be exercisable by the Secretary of State.

(7) The Secretary of State shall not make an order under subsection (5) containing any provision for—

(a) adding any public authority to Part A1, 1 or 2 of that Schedule, or

(b) moving any public authority from—

(i) Part 1 or 2 to Part A1 of that Schedule, or

(ii) Part 2 to Part 1 of that Schedule,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Section 31 Orders under s. 30 for Northern Ireland.

(1) Subject to subsections (2) and (3), the power to make an order under section 30 for the purposes of the grant of authorisations under section 28 or 29 for conduct in Northern Ireland shall be exercisable by the Office of the First Minister and deputy First Minister in Northern Ireland (concurrently with being exercisable by the Secretary of State).

(2) The power of the Office of the First Minister and deputy First Minister to make an order under section 30 by virtue of subsection (1) or (3) of that section shall not be exercisable in relation to any public authority other than—

(a) the Food Standards Agency;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an authority added to Schedule 1 by an order made by that Office;

(d) an authority added to that Schedule by an order made by the Secretary of State which it would (apart from that order) have been within the powers of that Office to add to that Schedule for the purposes mentioned in subsection (1) of this section.

(3) The power of the Office of the First Minister and deputy First Minister to make an order under section 30—

(a) shall not include power to make any provision dealing with an excepted matter;

(b) shall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.

(4) The power of the Office of the First Minister and deputy First Minister to make an order under section 30 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(5) A statutory rule containing an order under section 30 which makes provision by virtue of subsection (5) of that section for—

(a) adding any public authority to Part I or II of Schedule 1, or

(b) moving any public authority from Part II to Part I of that Schedule,

shall be subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954).

(6) A statutory rule containing an order under section 30 (other than one to which subsection (5) of this section applies) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(7) An order under section 30 made by the Office of the First Minister and deputy First Minister may—

(a) make different provision for different cases;

(b) contain such incidental, supplemental, consequential and transitional provision as that Office thinks fit.

(8) The reference in subsection (2) to an addition to Schedule 1 being within the powers of the Office of the First Minister and deputy First Minister includes a reference to its being within the powers exercisable by that Office with the consent for the purposes of subsection (3)(b) of the Secretary of State.

(9) In this section “ excepted matter ” and “ reserved matter ” have the same meanings as in the Northern Ireland Act 1998; and, in relation to those matters, section 98(2) of that Act (meaning of “ deals with ”) applies for the purposes of this section as it applies for the purposes of that Act.

Section 32 Authorisation of intrusive surveillance.

(1) Subject to the following provisions of this Part, the Secretary of State and each of the senior authorising officers shall have power to grant authorisations for the carrying out of intrusive surveillance.

(2) Neither the Secretary of State nor any senior authorising officer shall grant an authorisation for the carrying out of intrusive surveillance unless he believes—

(a) that the authorisation is necessary on grounds falling within subsection (3); and

(b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.

(3) Subject to the following provisions of this section, an authorisation is necessary on grounds falling within this subsection if it is necessary—

(a) in the interests of national security;

(b) for the purpose of preventing or detecting serious crime; or

(c) in the interests of the economic well-being of the United Kingdom.

(3A) In the case of an authorisation granted by the chair of the CMA , the authorisation is necessary on grounds falling within subsection (3) only if it is necessary for the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002 (cartel offence).

(3B) In the case of an authorisation granted by the Service Police Complaints Commissioner, the authorisation is necessary on grounds falling within subsection (3) only if it is necessary for the purpose of carrying out the functions of the Commissioner.

(4) The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether the information which it is thought necessary to obtain by the authorised conduct could reasonably be obtained by other means.

(5) The conduct that is authorised by an authorisation for the carrying out of intrusive surveillance is any conduct that—

(a) consists in the carrying out of intrusive surveillance of any such description as is specified in the authorisation;

(b) is carried out in relation to the residential premises specified or described in the authorisation or in relation to the private vehicle so specified or described; and

(c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

(6) For the purposes of this section the senior authorising officers are—

(a) the chief constable of every police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b) the Commissioner of Police of the Metropolis and every Assistant Commissioner of Police of the Metropolis;

(c) the Commissioner of Police for the City of London;

(d) the chief constable of the Police Service of Scotland ;

(e) the Chief Constable of the Royal Ulster Constabulary and the Deputy Chief Constable of the Royal Ulster Constabulary;

(f) the Chief Constable of the Ministry of Defence Police;

(g) the Provost Marshal of the Royal Navy Police ;

(h) the Provost Marshal of the Royal Military Police;

(i) the Provost Marshal of the Royal Air Force Police;

(ia) the Provost Marshal for serious crime;

(ib) the Service Police Complaints Commissioner;

(j) the Chief Constable of the British Transport Police;

(k) the Director General of the National Crime Agency and any National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;

(m) an officer of Revenue and Customs who is a senior official and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue ... Customs;

(ma) a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State; and

(n) the chair of the CMA .

Section 32A Authorisations requiring judicial approval

(1) This section applies where a relevant person has granted an authorisation under section 28 or 29.

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

(3) The relevant judicial authority may give approval under this section to the granting of an authorisation under section 28 if, and only if, the relevant judicial authority is satisfied that—

(a) at the time of the grant—

(i) there were reasonable grounds for believing that the requirements of section 28(2) were satisfied in relation to the authorisation, and

(ii) the relevant conditions were satisfied in relation to the authorisation, and

(b) at the time when the relevant judicial authority is considering the matter, there remain reasonable grounds for believing that the requirements of section 28(2) are satisfied in relation to the authorisation.

(4) For the purposes of subsection (3) the relevant conditions are—

(a) in relation to a grant by an individual holding an office, rank or position in a local authority in England or Wales, that—

(i) the individual was a designated person for the purposes of section 28,

(ii) the grant of the authorisation was not in breach of any restrictions imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied,

(b) in relation to a grant, for any purpose relating to a Northern Ireland excepted or reserved matter, by an individual holding an office, rank or position in a district council in Northern Ireland, that—

(i) the individual was a designated person for the purposes of section 28,

(ii) the grant of the authorisation was not in breach of any restrictions imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied, and

(c) in relation to any other grant by a relevant person, that any conditions that may be provided for by an order made by the Secretary of State were satisfied.

(5) The relevant judicial authority may give approval under this section to the granting of an authorisation under section 29 if, and only if, the relevant judicial authority is satisfied that—

(a) at the time of the grant—

(i) there were reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b), were satisfied in relation to the authorisation, and

(ii) the relevant conditions were satisfied in relation to the authorisation, and

(b) at the time when the relevant judicial authority is considering the matter, there remain reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b), are satisfied in relation to the authorisation.

(6) For the purposes of subsection (5) the relevant conditions are—

(a) in relation to a grant by an individual holding an office, rank or position in a local authority in England or Wales, that—

(i) the individual was a designated person for the purposes of section 29,

(ii) the grant of the authorisation was not in breach of any prohibition imposed by virtue of section 29(7)(a) or any restriction imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied,

(b) in relation to a grant, for any purpose relating to a Northern Ireland excepted or reserved matter, by an individual holding an office, rank or position in a district council in Northern Ireland, that—

(i) the individual was a designated person for the purposes of section 29,

(ii) the grant of the authorisation was not in breach of any prohibition imposed by virtue of section 29(7)(a) or any restriction imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied, and

(c) in relation to any other grant by a relevant person, that any conditions that may be provided for by an order made by the Secretary of State were satisfied.

(7) In this section—

“ local authority in England ” means—

a district or county council in England,

a London borough council,

the Common Council of the City of London in its capacity as a local authority, or

the Council of the Isles of Scilly,

“ local authority in Wales ” means any county council or county borough council in Wales,

“ Northern Ireland excepted or reserved matter ” means an excepted or reserved matter (within the meaning of section 4(1) of the Northern Ireland Act 1998),

“ Northern Ireland transferred matter ” means a transferred matter (within the meaning of section 4(1) of the Act of 1998),

“ relevant judicial authority ” means—

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

in relation to Scotland, a sheriff, and

in relation to Northern Ireland, a district judge (magistrates' courts) in Northern Ireland,

“ relevant person ” means—

an individual holding an office, rank or position in a local authority in England or Wales,

also, in relation to a grant for any purpose relating to a Northern Ireland excepted or reserved matter, an individual holding an office, rank or position in a district council in Northern Ireland, and

also, in relation to any grant of a description that may be prescribed for the purposes of this subsection by an order made by the Secretary of State or every grant if so prescribed, a person of a description so prescribed.

(8) No order of the Secretary of State—

(a) may be made under subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;

(b) may be made under this section so far as it makes provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament;

(c) may be made under this section so far as it makes provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a Northern Ireland transferred matter.

Section 32B Procedure for judicial approval

(1) The public authority with which the relevant person holds an office, rank or position may apply to the relevant judicial authority for an order under section 32A approving the grant of an authorisation.

(2) The applicant is not required to give notice of the application to—

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

(b) such a person's legal representatives.

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

(4) In this section “ relevant judicial authority ” and “ relevant person ” have the same meaning as in section 32A.

Section 32C Notification of criminal conduct authorisations

(1) This section applies where a person grants or cancels an authorisation under section 29B.

(2) The person must give notice that the person has granted or cancelled the authorisation to a Judicial Commissioner.

(3) A notice given for the purposes of subsection (2) must be given—

(a) in writing as soon as reasonably practicable and, in any event, before the end of the period of 7 days beginning with the day after that on which the authorisation to which it relates is granted or, as the case may be, cancelled; and

(b) in accordance with such arrangements made for the purposes of this paragraph by the Investigatory Powers Commissioner as are for the time being in force.

(4) A notice under this section relating to the grant of an authorisation under section 29B must—

(a) set out the grounds on which the person giving the notice believes that the requirements of section 29B(4) are satisfied in relation to the authorisation; and

(b) specify the conduct that is authorised under section 29B by the authorisation.

(5) Any notice that is required by this section to be given in writing may be given, instead, by being transmitted by electronic means.

Section 33 Rules for grant of authorisations.

(1) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to his office, rank or position with a police force . . . shall not grant an authorisation under that section except on an application made by a member of the same force . . . (subject to subsection (1ZB) and section 33A ) .

(1ZZA) A person who is a designated person for the purposes of section 28, 29 or 29B by reference to the person’s office, rank or position with the tri-service serious crime unit must not grant an authorisation under that section except on an application made by a member of that unit.

(1ZA) Subsection (1ZB) applies if the chief officer of police of a police force (“the authorising force”) has made an agreement under section 22A of the Police Act 1996 with the chief office of police of one or more other police forces.

(1ZB) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to an office, rank or position with the authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.

(1ZC) For the purposes of subsection (1ZB) a police force is a collaborative force if—

(a) its chief officer of police is a party to the agreement mentioned in subsection (1ZA); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations under section 28 , 29 or 29B to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the authorising force.

(1ZD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1ZE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1ZF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to his office or position with the National Crime Agency shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency (subject to section 33A) .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs.

(2A) A person who is a designated person for the purposes of section 28 or 29 by reference to that person’s office or position as a member of staff of the Service Police Complaints Commissioner, or as the Commissioner, must not grant an authorisation except on an application made by a person designated under regulation 36(2) of the 2023 Regulations;

(3) Subject to subsection (3ZB) and section 33A , A person who is a senior authorising officer by reference to a police force . . . shall not grant an authorisation for the carrying out of intrusive surveillance except—

(a) on an application made by a member of the same force . . . ; and

(b) in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force . . . .

(3ZZA) The Provost Marshal for serious crime must not grant an authorisation for the carrying out of intrusive surveillance except—

(a) on an application made by a member of the tri-service serious crime unit; and

(b) in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of a police force mentioned in subsection (6)(d).

(3ZZB) The Service Police Complaints Commissioner must not grant an authorisation for the carrying out of intrusive surveillance except—

(a) on an application made by a person designated under regulation 36(2) of the 2023 Regulations; and

(b) in the case of an authorisation for the carrying out of any intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of a police force mentioned in subsection (6)(d).

(3ZA) Subsection (3ZB) applies if—

(a) the chief officer of police of a police force (“the surveillance authorising force”) has made an agreement under section 22A of the Police Act 1996 with the chief office of police of one or more other police forces; and

(b) an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.

(3ZB) A person who is a senior authorising officer by reference to the surveillance authorising force may—

(a) grant the authorisation;

(b) in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—

(i) the area of operation of a collaborative force; and

(ii) specified in relation to members of that force in the agreement mentioned in subsection (3ZA).

(3ZC) For the purposes of subsections (3ZA) and (3ZB) a police force is a collaborative force if—

(a) its chief officer of police is a party to the agreement mentioned in subsection (3ZA); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the surveillance authorising force.

(3ZD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3ZE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3ZF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) The Director General of the National Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a National Crime Agency officer (subject to section 33A) .

(4) A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs.

(4A) The chair of the CMA shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of the CMA .

(4ZA) A senior official who is a senior authorising officer by virtue of a designation by the Secretary of State under section 32(6)(ma) shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an immigration officer.

(5) A single authorisation may combine both—

(a) an authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, a person designated under regulation 36(2) of the 2023 Regulations, a National Crime Agency officer ..., or who is an officer of Revenue and Customs , an immigration officer or the chair or an officer of the CMA ; and

(b) an authorisation given by, or on the application of, that individual under Part III of the Police Act 1997;

but the provisions of this Act or that Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.

(5A) In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police force is to the following—

(a) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b) the metropolitan police force; and

(c) the City of London police force.

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section—

(a) the area of operation of a police force maintained under section 2 of the Police Act 1996, of the metropolitan police force or , of the City of London police force ... is the area for which that force is maintained;

(aa) the area of operation of the Police Service of Scotland is Scotland;

(b) the area of operation of the Royal Ulster Constabulary is Northern Ireland;

(c) residential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the Ministry of Defence Police Act 1987, have the powers and privileges of a constable;

(d) residential premises are in the area of operation of the Royal Navy Police the Royal Military Police or the Royal Air Force Police if they are premises owned or occupied by, or used for residential purposes by, a person subject to service discipline;

(e) the area of operation of the British Transport Police . . . is the United Kingdom;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and references in this section to the United Kingdom or to any part or area of the United Kingdom include any adjacent waters within the seaward limits of the territorial waters of the United Kingdom.

(7) In subsection (6) “ subject to service law ” and “ civilian subject to service discipline ” have the same meanings as in the Armed Forces Act 2006.

Section 33A Section 33: further provision in cases where NCA is party to collaboration agreement

(1) This section applies where the Director General of the National Crime Agency has made a collaboration agreement with the chief officer of police of one or more police forces (a “collaborative police force”).

(2) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to an office, rank or position with a collaborative police force may grant an authorisation under that section on an application made by a National Crime Agency officer.

(3) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to their position as a National Crime Agency officer may grant an authorisation under that section on an application made by a member of a collaborative police force.

(4) Authorisations may be granted to persons by virtue of subsection (2) or (3) only if such persons are permitted under the terms of the collaboration agreement to make applications for authorisations under section 28 , 29 or 29B to a person who is a designated person for the purposes of that section—

(a) in the case of authorisations granted by virtue of subsection (2), by reference to an office, rank or position with the collaborative police force concerned, or

(b) in the case of authorisations granted by virtue of subsection (3), by reference to the person's position as a National Crime Agency officer.

(5) A person who is a senior authorising officer by reference to a collaborative police force may grant an authorisation for the carrying out of intrusive surveillance on an application made by a National Crime Agency officer.

(6) The Director General of the National Crime Agency, or a person designated for the purposes of section 32(6)(k) by that Director General, may grant an authorisation for the carrying out of intrusive surveillance on an application made by a member of a collaborative police force.

(7) Authorisations may be granted to persons by virtue of subsection (5) or (6) only if such persons are permitted under the terms of the collaboration agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who—

(a) in the case of authorisations granted by virtue of subsection (5), is a senior authorising officer by reference to the collaborative police force concerned, or

(b) in the case of authorisations granted by virtue of subsection (6), is the Director General of the National Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General.

(8) In the case of an application made by virtue of subsection (5) or (6) for the carrying out of intrusive surveillance in relation to any residential premises, authorisation may be granted only in relation to premises in the area which is—

(a) the area of operation of a collaborative police force, and

(b) specified in relation to members of that force in the collaboration agreement.

(9) For the purposes of this section the area of operation of a collaborative police force is the area for which that force is maintained.

(10) In this section—

“ collaboration agreement ” means an agreement made under section 22A of the Police Act 1996;

“ collaborative police force ” has the meaning given by subsection (1);

“ police force ” has the meaning given by section 33(5A).

Section 34 Grant of authorisations in the senior officer’s absence.

(1) This section applies in the case of an application for an authorisation for the carrying out of intrusive surveillance where—

(a) the application is one made by a member of a police force (other than a member of the tri-service serious crime unit), a member of the tri-service serious crime unit, a person designated under regulation 36(2) of the 2023 Regulations, a National Crime Agency officer or by an officer of the CMA or an officer of Revenue and Customs or an immigration officer ; and

(b) the case is urgent.

(2) If —

(a) it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by any person who is a senior authorising officer by reference to the force or Agency in question or, as the case may be, as Provost Marshal for serious crime or the Service Police Complaints Commissioner or the chair of the CMA or by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs or the Secretary of State , and

(b) it also not reasonably practicable, having regard to the urgency of the case, for the application to be considered by a person (if there is one) who is entitled, as a designated deputy of a senior authorising officer, to exercise the functions in relation to that application of such an officer,

the application may be made to and considered by any person who is entitled under subsection (4) to act for any senior authorising officer who would have been entitled to consider the application.

(3) A person who considers an application under subsection (1) shall have the same power to grant an authorisation as the person for whom he is entitled to act.

(4) For the purposes of this section—

(a) a person is entitled to act for the chief constable of a police force maintained under section 2 of the Police Act 1996 if he holds the rank of assistant chief constable in that force;

(b) a person is entitled to act for the Commissioner of Police of the Metropolis, or for an Assistant Commissioner of Police of the Metropolis, if he holds the rank of commander in the metropolitan police force;

(c) a person is entitled to act for the Commissioner of Police for the City of London if he holds the rank of commander in the City of London police force;

(d) a person is entitled to act for the chief constable of the Police Service of Scotland if he holds the rank of deputy or assistant chief constable of the Police Service of Scotland ;

(e) a person is entitled to act for the Chief Constable of the Royal Ulster Constabulary, or for the Deputy Chief Constable of the Royal Ulster Constabulary, if he holds the rank of assistant chief constable in the Royal Ulster Constabulary;

(f) a person is entitled to act for the Chief Constable of the Ministry of Defence Police if he holds the rank of deputy or assistant chief constable in that force;

(g) a person is entitled to act for the Provost Marshal of the Royal Navy Police if he holds the position of assistant Provost Marshal in that force ;

(h) a person is entitled to act for the Provost Marshal of the Royal Military Police or the Provost Marshal of the Royal Air Force Police if he holds the position of deputy Provost Marshal in the police force in question;

(ha) a person is entitled to act for the Provost Marshal for serious crime if the person holds the position of deputy Provost Marshal in the tri-service serious crime unit;

(hb) a person is entitled to act for the Service Police Complaints Commissioner if the person is designated by the Commissioner for the purposes of this paragraph as a person entitled so to act in an urgent case;

(i) a person is entitled to act for the Chief Constable of the British Transport Police if he holds the rank of deputy or assistant chief constable in that force;

(j) a person is entitled to act for the Director General of the National Crime Agency if he is a person designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case;

(l) a person is entitled to act for a person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs, if he is a senior official designated for the purposes of this paragraph by those Commissioners as a person entitled so to act in an urgent case.

(la) a person is entitled to act for a person who is a senior authorising officer by virtue of a designation under section 32(6)(ma), if the person is a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State as a person entitled so to act in an urgent case;

(m) a person is entitled to act for the chair of the CMA if he is an officer of the CMA designated by it for the purposes of this paragraph as a person entitled so to act in an urgent case.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “designated deputy”—

(a) in relation to the chief constable for a police force in England and Wales, means—

(i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

(ii) a person holding the rank of assistant chief constable who is designated to act under section 12A(2) of that Act;

(aa) in relation to the chief constable 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; —

(i) a person holding the rank of deputy chief constable and, where there is more than one person in the police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967, or

(ii) a person holding the rank of assistant chief constable who is designated to act under section 5A(2) of that Act;

(b) in relation to the Commissioner of Police for the City of London, means a person authorised to act under section 25 of the City of London Police Act 1839;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 35 Notification of authorisations for intrusive surveillance.

(1) Where a person grants or cancels a police, tri-service serious crime unit, Service Police Complaints Commissioner, the National Crime Agency , Revenue and Customs , immigration or CMA authorisation for the carrying out of intrusive surveillance, he shall give notice that he has done so to a Judicial Commissioner .

(2) A notice given for the purposes of subsection (1)—

(a) must be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;

(b) must be given in accordance with any such arrangements made for the purposes of this paragraph by the Investigatory Powers Commissioner as are for the time being in force; and

(c) must specify such matters as the Secretary of State may by order prescribe.

(3) A notice under this section of the grant of an authorisation shall, as the case may be, either—

(a) state that the approval of a Judicial Commissioner is required by section 36 before the grant of the authorisation will take effect; or

(b) state that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.

(4) Where a notice for the purposes of subsection (1) of the grant of an authorisation has been received by a Judicial Commissioner , he shall, as soon as practicable—

(a) scrutinise the authorisation; and

(b) in a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.

(5) Subject to subsection (6), the Secretary of State shall not make an order under subsection (2)(c) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(6) Subsection (5) does not apply in the case of the order made on the first occasion on which the Secretary of State exercises his power to make an order under subsection (2)(c).

(7) The order made on that occasion shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, it has been approved by a resolution of each House of Parliament.

(8) For the purposes of subsection (7)—

(a) the order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; and

(b) in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(9) Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.

(10) In this section references to a police, tri-service serious crime unit, Service Police Complaints Commissioner, the National Crime Agency , Revenue and Customs immigration or CMA authorisation are references to an authorisation granted by—

(a) a person who is a senior authorising officer by reference to a police force or the National Crime Agency ;

(aa) the Provost Marshal for serious crime;

(ab) the Service Police Complaints Commissioner;

(b) a person who is a senior authorising officer by virtue of a designation under section 32(6)(m) or (ma) ; ...

(ba) the chair of the CMA ; or

(c) a person who for the purposes of section 34 is entitled to act for a person falling within paragraph (a) or for a person falling within paragraph (aa) or for a person falling within paragraph (b) or for a person falling within paragraph (ba) .

Section 36 Approval required for authorisations to take effect.

(1) This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—

(a) a member of a police force;

(aa) a member of the tri-service serious crime unit;

(ab) a person who has been designated under regulation 36(2) of the 2023 Regulations;

(b) a National Crime Agency officer;

(d) an officer of Revenue and Customs ...;

(da) an immigration officer; or

(e) an officer of the CMA .

(2) Subject to subsection (3), the authorisation shall not take effect until such time (if any) as—

(a) the grant of the authorisation has been approved by a Judicial Commissioner ; and

(b) written notice of the Commissioner’s decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation.

(3) Where the person who grants the authorisation—

(a) believes that the case is one of urgency, and

(b) gives notice in accordance with section 35(3)(b),

subsection (2) shall not apply to the authorisation, and the authorisation shall have effect from the time of its grant.

(4) Where subsection (2) applies to the authorisation—

(a) a Judicial Commissioner shall give his approval under this section to the authorisation if, and only if, he is satisfied that there are reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in the case of the authorisation; and

(b) a Judicial Commissioner who makes a decision as to whether or not the authorisation should be approved shall, as soon as reasonably practicable after making that decision, give written notice of his decision to the person who granted the authorisation.

(5) If a Judicial Commissioner decides not to approve an authorisation to which subsection (2) applies, he shall make a report of his findings to the most senior relevant person.

(6) In this section “ the most senior relevant person ” means—

(a) where the authorisation was granted by the senior authorising officer with any police force who is not someone’s deputy, that senior authorising officer;

(aa) where the authorisation was granted by the Provost Marshal for serious crime or a person entitled to act for the Provost Marshal for serious crime by virtue of section 34(4)(ha), that Provost Marshal;

(ab) where the authorisation was granted by the Service Police Complaints Commissioner or by a person entitled to act for the Commissioner by virtue of section 34(4)(hb), the Commissioner;

(b) where the authorisation was granted by the Director General of the National Crime Agency , that Director General;

(c) where the authorisation was granted by a senior authorising officer with a police force who is someone’s deputy, the senior authorising officer whose deputy granted the authorisation;

(d) where the authorisation was granted by a person designated for the purposes of section 32(6)(k), or by a person entitled to act for the Director General of the National Crime Agency by virtue of section 34(4)(j), that Director General;

(f) where the authorisation was granted by a person entitled to act for a senior authorising officer under section 34(4) (a) to (h) or (i) , the senior authorising officer in the force in question who is not someone’s deputy; and

(g) where the authorisation was granted by an officer of Revenue and Customs, the officer of Revenue and Customs for the time being designated for the purposes of this paragraph by a written notice given to the Investigatory Powers Commissioner by the Commissioners for Her Majesty's Revenue ... Customs;

(ga) where the authorisation was granted by a senior official designated under section 32(6)(ma) or entitled to act for such an official under section 34(4)(la), the senior official designated under section 32(6)(ma); and

(h) where the authorisation was granted by the chair of the CMA or a person entitled to act for the chair of the CMA by virtue of section 34(4)(m), that chair .

(7) The references in subsection (6) to a person’s deputy are references to the following—

(a) in relation to—

(i) a chief constable of a police force maintained under section 2 of the Police Act 1996,

(ii) the Commissioner of Police for the City of London, or

(iii) the chief constable of the Police Service of Scotland,

to his designated deputy;

(b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; and

(c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;

and in this subsection and that subsection “ designated deputy ” has the same meaning as in section 34.

(8) Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.

Section 37 Quashing of police and Revenue and Customs authorisations etc.

(1) This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—

(a) a member of a police force;

(ab) a person designated under regulation 36(2) of the 2023 Regulations;

(b) a National Crime Agency officer;

(d) an officer of Revenue and Customs ... ;

(da) an immigration officer; or

(e) an officer of the CMA .

(2) Where a Judicial Commissioner is at any time satisfied that, at the time when the authorisation was granted or at any time when it was renewed, there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisation.

(3) If a Judicial Commissioner is satisfied at any time while the authorisation is in force that there are no longer any reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in relation to the authorisation, he may cancel the authorisation with effect from such time as appears to him to be the time from which those requirements ceased to be so satisfied.

(4) Where, in the case of any authorisation of which notice has been given in accordance with section 35(3)(b), a Judicial Commissioner is at any time satisfied that, at the time of the grant or renewal of the authorisation to which that notice related, there were no reasonable grounds for believing that the case was one of urgency, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisatio

(5) Subject to subsection (7), where a Judicial Commissioner quashes an authorisation under this section, he may order the destruction of any records relating wholly or partly to information obtained by the authorised conduct after the time from which his decision takes effect.

(6) Subject to subsection (7), where—

(a) an authorisation has ceased to have effect (otherwise than by virtue of subsection (2) or (4)), and

(b) a Judicial Commissioner is satisfied that there was a time while the authorisation was in force when there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) continued to be satisfied in relation to the authorisation,

he may order the destruction of any records relating, wholly or partly, to information obtained at such a time by the authorised conduct.

(7) No order shall be made under this section for the destruction of any records required for pending criminal or civil proceedings.

(8) Where a Judicial Commissioner exercises a power conferred by this section, he shall, as soon as reasonably practicable, make a report of his exercise of that power, and of his reasons for doing so—

(a) to the most senior relevant person (within the meaning of section 36); and

(b) to the Investigatory Powers Commissioner (if he is not that Commissioner) .

(9) Where an order for the destruction of records is made under this section, the order shall not become operative until such time (if any) as—

(a) any period for appealing against the decision to make the order has expired; and

(b) any appeal brought within that period has been dismissed by the Investigatory Powers Commissioner .

(10) No notice shall be required to be given under section 35(1) in the case of a cancellation under subsection (3) of this section.

Section 38 Appeals against decisions by Judicial Commissioners .

(1) Any senior authorising officer may appeal to the Investigatory Powers Commissioner against any of the following—

(a) any refusal of a Judicial Commissioner (other than the Investigatory Powers Commissioner) to approve an authorisation for the carrying out of intrusive surveillance;

(b) any decision of such a Commissioner to quash or cancel such an authorisation;

(c) any decision of such a Commissioner to make an order under section 37 for the destruction of records.

(2) In the case of an authorisation granted by the designated deputy of a senior authorising office or by a person who for the purposes of section 34 is entitled to act for a senior authorising officer, that designated deputy or person shall also be entitled to appeal under this section.

(3) An appeal under this section must be brought within the period of seven days beginning with the day on which the refusal or decision appealed against is reported to the appellant.

(4) Subject to subsection (5), the Investigatory Powers Commissioner , on an appeal under this section, shall allow the appeal if—

(a) he is satisfied that there were reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied in relation to the authorisation at the time in question; and

(b) he is not satisfied that the authorisation is one of which notice was given in accordance with section 35(3)(b) without there being any reasonable grounds for believing that the case was one of urgency.

(5) If, on an appeal falling within subsection (1)(b), the Investigatory Powers Commissioner —

(a) is satisfied that grounds exist which justify the quashing or cancellation under section 37 of the authorisation in question, but

(b) considers that the authorisation should have been quashed or cancelled from a different time from that from which it was quashed or cancelled by the Judicial Commissioner against whose decision the appeal is brought,

he may modify that Commissioner’s decision to quash or cancel the authorisation, and any related decision for the destruction of records, so as to give effect to the decision under section 37 that he considers should have been made.

(6) Where, on an appeal under this section against a decision to quash or cancel an authorisation, the Investigatory Powers Commissioner allows the appeal he shall also quash any related order for the destruction of records relating to information obtained by the authorised conduct.

(7) In this section “ designated deputy ” has the same meaning as in section 34.

Section 39 Appeals to the Investigatory Powers Commissioner : supplementary.

(1) Where the Investigatory Powers Commissioner has determined an appeal under section 38, he shall give notice of his determination to both—

(a) the person by whom the appeal was brought; and

(b) the Judicial Commissioner whose decision was appealed against.

(2) Where the determination of the Investigatory Powers Commissioner on an appeal under section 38 is a determination to dismiss the appeal, the Investigatory Powers Commissioner shall make a report of his findings—

(a) to the persons mentioned in subsection (1); and

(b) to the Prime Minister.

(3) Subsections (6) to (8) of section 234 of the Investigatory Powers Act 2016 (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under subsection (1) of that section .

(4) Subject to subsection (2) of this section, the Investigatory Powers Commissioner shall not give any reasons for any determination of his on an appeal under section 38.