The Regulation of Investigatory Powers (Extension of Authorisation Provisions: Legal Consultations) Order 2010

• Citation: S.I. 2010/461
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Regulation of Investigatory Powers (Extension of Authorisation Provisions: Legal Consultations) Order 2010 and shall come into force on the day after the day on which it is made.

Section 2 Interpretation

In this Order—

(a) “legal consultation” means—

(i) a consultation between a professional legal adviser and his client or any person representing his client, or

(ii) a consultation between a professional legal adviser or his client or any such representative and a medical practitioner made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings;

(b) “inquiry” means an inquiry under the Inquiries Act 2005 ;

(c) “medical practitioner” means a person registered under the Medical Act 1983 ; and

(d) “premises” has the meaning given in section 48(8) of the Regulation of Investigatory Powers Act 2000.

Section 3 Extension of authorisation provisions: legal consultations

(1) Directed surveillance that is carried out in relation to anything taking place on so much of any premises specified in paragraph (2) as is, at any time during the surveillance, used for the purpose of legal consultations shall be treated for the purposes of Part II of the Regulation of Investigatory Powers Act 2000 as intrusive surveillance.

(2) The following premises are specified for the purposes of paragraph (1):

(a) any place in which persons who are serving sentences of imprisonment or detention, remanded in custody or committed in custody for trial or sentence may be detained;

(b) any place in which persons may be detained under paragraph 16(1), (1A) or (2) of Schedule 2 or paragraph 2(2) or (3) of Schedule 3 to the Immigration Act 1971 or section 36(1) of the UK Border Act 2007 ;

(c) any place in which persons may be detained under Part VI of the Criminal Procedure (Scotland) Act 1995 , the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Mental Health Act 1983 ;

(d) police stations;

(e) the place of business of any professional legal adviser; and

(f) any place used for the sittings and business of any court, tribunal, inquest or inquiry.