Legalize / United Kingdom / Public General Act

Regulation of Investigatory Powers Act 2000

Type Public General Act

Publication 2000-07-28

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) Where the Tribunal determine any proceedings, complaint or reference brought before or made to them, they shall give notice to the complainant which (subject to any rules made by virtue of section 69(2)(i)) shall be confined, as the case may be, to either—

(a) a statement that they have made a determination in his favour; or

(b) a statement that no determination has been made in his favour.

(4A) Where the Tribunal make any determination of a kind mentioned in subsection (4), they must also give notice to—

(a) in the case of proceedings, the respondent,

(b) in the case of a complaint, the person complained against, and

(4B) A notice under subsection (4A) is (subject to any rules made by virtue of section 69(2)(j)) to be confined, as the case may be, to either—

(a) a statement that they have made a determination in the complainant's favour, or

(b) a statement that no determination has been made in the complainant's favour.

(4C) Where the Tribunal make any decision which—

(a) is a final decision of a preliminary issue in relation to any proceedings, complaint or reference brought before or made to them, and

(b) is neither a determination of a kind mentioned in subsection (4) nor a decision relating to a procedural matter,

they must give notice of that decision to every person who would be entitled to receive notice of the determination under subsection (4) or (4A).

(4D) A notice under subsection (4C) is (subject to any rules made by virtue of section 69(2)(i) or (j)) to be confined to a statement as to what the decision is.

(4E) Subsections (4C) and (4D) do not apply so far as—

(a) the Tribunal are prevented from giving notice of a decision to a person by rules made by virtue of section 69(4) or decide under such rules not to give such a notice, or

(b) the giving of such a notice is inconsistent with such rules.

(5) Where—

(a) the Tribunal make a determination in favour of any person by whom any proceedings have been brought before the Tribunal or by whom any complaint or reference has been made to the Tribunal, and

(b) the determination relates to any act or omission by or on behalf of the Secretary of State or to conduct for which any warrant, authorisation or permission , or notice under Part 4 of the Investigatory Powers Act 2016 or under section 252 , 253 or 258A of that Act or direction under section 225 of that Act, was issued, granted or given by the Secretary of State,

they shall make a report of their findings to the Prime Minister.

(6) It shall be the duty of the persons specified in subsection (7) to disclose or provide to the Tribunal all such documents and information as the Tribunal may require for the purpose of enabling them—

(a) to exercise the jurisdiction conferred on them by or under section 65; or

(b) otherwise to exercise or perform any power or duty conferred or imposed on them by or under this Act or the Investigatory Powers Act 2016.

(7) Those persons are—

(a) every person holding office under the Crown;

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

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) every person employed by or for the purposes of a police force;

(da) the Police Investigations and Review Commissioner and every member of the Commissioner’s staff;

(db) the Service Police Complaints Commissioner and every member of the Commissioner’s staff;

(e) every person required for the purposes of section 41, 126, 149, 168 or 190 of the Investigatory Powers Act 2016 to provide assistance with giving effect to a warrant;

(f) every person on whom an obligation to take any steps has been imposed under section 252 , 253 or 258A of that Act;

(g) every person by or to whom an authorisation under Part 3 of that Act has been granted;

(h) every person to whom a notice under Part 3 of that Act has been given;

(ha) every person to whom a retention notice under Part 4 of that Act or a notice under section 252 , 253 or 258A of that Act has been given;

(i) every person by whom, or on whose application, there has been granted or given any authorisation under Part II of this Act or under Part III of the Police Act 1997;

(j) every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (i);

(k) every person who has engaged in any conduct with the authority of—

(i) an authorisation under Part 3 of the Investigatory Powers Act 2016, Part 2 of this Act or Part 3 of the Police Act 1997, or

(ii) a warrant under Chapter 2 of Part 6 of the Investigatory Powers Act 2016;

(l) every person who holds or has held any office, rank or position with a public authority for whose benefit any such authorisation or warrant has been or may be given;

(m) every person to whom a notice under section 49 has been given; and

(n) every person who is or has been employed for the purposes of any business of a person falling within paragraph (e), (f), (h) , (ha) or (m).

(8) In this section “relevant Commissioner” means—

(a) the Investigatory Powers Commissioner or any other Judicial Commissioner,

(b) the Investigatory Powers Commissioner for Northern Ireland, or

Tribunal rules

69

(1) The Secretary of State may make rules regulating—

(a) the exercise by the Tribunal of the jurisdiction conferred on them by or under section 65; and

(b) any matters preliminary or incidental to, or arising out of, the hearing or consideration of any proceedings, complaint or reference brought before or made to the Tribunal.

(2) Without prejudice to the generality of subsection (1), rules under this section may—

(a) enable the jurisdiction of the Tribunal to be exercised at any place in the United Kingdom by any two or more members of the Tribunal designated for the purpose by the President of the Tribunal;

(b) enable different members of the Tribunal to carry out functions in relation to different complaints at the same time;

(c) prescribe the form and manner in which proceedings are to be brought before the Tribunal or a complaint or reference is to be made to the Tribunal;

(d) require persons bringing proceedings or making complaints or references to take such preliminary steps, and to make such disclosures, as may be specified in the rules for the purpose of facilitating a determination of whether—

(i) the bringing of the proceedings, or

(ii) the making of the complaint or reference,

is frivolous or vexatious;

(e) make provision about the determination of any question as to whether a person by whom—

(i) any proceedings have been brought before the Tribunal, or

(ii) any complaint or reference has been made to the Tribunal,

is a person with a right to bring those proceedings or make that complaint or reference;

(f) prescribe the forms of hearing or consideration to be adopted by the Tribunal in relation to particular proceedings, complaints or references (including a form that requires any proceedings brought before the Tribunal to be disposed of as if they were a complaint or reference made to the Tribunal);

(g) prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings, complaint or reference (including, where applicable, the mode and burden of proof and the admissibility of evidence);

(h) prescribe orders that may be made by the Tribunal under section 67(6) or (7);

(i) require information about any determination, award, order or other decision made by the Tribunal in relation to any proceedings, complaint or reference to be provided (in addition to any statement under section 68(4) or notice under section 68(4C)) to the person who brought the proceedings or made the complaint or reference, or to the person representing his interests;

(j) require information about any determination, award, order or other decision made by the Tribunal in relation to any proceedings, complaint or reference to be provided (in addition to any statement under section 68(4A) or notice under section 68(4C)) to—

(i) in the case of proceedings, the respondent,

(ii) in the case of a complaint, the person complained against, and

(iii) in the case of a reference, any public authority to whom the reference relates,

or to the person representing their interests;

(k) make provision about the making and determination of applications to the Tribunal for permission to appeal

(3) Rules under this section in relation to the hearing or consideration of any matter by the Tribunal may provide—

(a) for a person who has brought any proceedings before or made any complaint or reference to the Tribunal to have the right to be legally represented;

(b) for the manner in which the interests of a person who has brought any proceedings before or made any complaint or reference to the Tribunal are otherwise to be represented;

(c) for the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests in the case of any proceedings, complaint or reference.

(4) The power to make rules under this section includes power to make rules—

(a) enabling or requiring the Tribunal to hear or consider any proceedings, complaint or reference without the person who brought the proceedings or made the complaint or reference having been given full particulars of the reasons for any conduct which is the subject of the proceedings, complaint or reference;

(b) enabling or requiring the Tribunal to take any steps in exercise of their jurisdiction in the absence of any person (including the person bringing the proceedings or making the complaint or reference and any legal representative of his);

(c) enabling or requiring the Tribunal to give a summary of any evidence taken in his absence to the person by whom the proceedings were brought or, as the case may be, to the person who made the complaint or reference;

(d) enabling or requiring the Tribunal to exercise their jurisdiction, and to exercise and perform the powers and duties conferred or imposed on them (including, in particular, in relation to the giving of reasons), in such manner provided for in the rules as prevents or limits the disclosure of particular matters.

(5) Rules under this section may also include provision—

(a) enabling powers or duties of the Tribunal that relate to matters preliminary or incidental to the hearing or consideration of any proceedings, complaint or reference to be exercised or performed by a single member of the Tribunal; and

(b) conferring on the Tribunal such ancillary powers as the Secretary of State thinks necessary for the purposes of, or in connection with, the exercise of the Tribunal’s jurisdiction, or the exercise or performance of any power or duty conferred or imposed on them.

(6) In making rules under this section the Secretary of State shall have regard, in particular, to—

(a) the need to secure that matters which are the subject of proceedings, complaints or references brought before or made to the Tribunal are properly heard and considered; and

(b) the need to secure that information is not disclosed to an extent, or in a manner, that is contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services.

(7) Rules under this section may make provision by the application, with or without modification, of the provision from time to time contained in specified rules of court.

(8) Subject to subsection (9), no rules shall be made under this section unless a draft of them has first been laid before Parliament and approved by a resolution of each House.

(9) Subsection (8) does not apply in the case of the rules made on the first occasion on which the Secretary of State exercises his power to make rules under this section.

(10) The rules made on that occasion shall cease to have effect at the end of the period of forty days beginning with the day on which they were made unless, before the end of that period, they have been approved by a resolution of each House of Parliament.

(11) For the purposes of subsection (10)—

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

(12) The Secretary of State shall consult the Scottish Ministers before making any rules under this section; and any rules so made shall be laid before the Scottish Parliament.

Abolition of jurisdiction in relation to complaints

70

(1) The provisions set out in subsection (2) (which provide for the investigation etc. of certain complaints) shall not apply in relation to any complaint made after the coming into force of this section.

(2) Those provisions are—

(a) section 5 of, and Schedules 1 and 2 to, the Security Service Act 1989 (investigation of complaints about the Security Service made to the Tribunal established under that Act);

(b) section 9 of, and Schedules 1 and 2 to, the Intelligence Services Act 1994 (investigation of complaints about the Secret Intelligence Service or GCHQ made to the Tribunal established under that Act); and

(c) section 102 of, and Schedule 7 to, the Police Act 1997 (investigation of complaints made to the Surveillance Commissioners).

Codes of practice

Issue and revision of codes of practice

71

(1) The Secretary of State shall issue one or more codes of practice relating to the exercise and performance of the powers and duties mentioned in subsection (2).

(2) Those powers and duties are those (excluding any power to make subordinate legislation and subject to subsection (10)) that are conferred or imposed otherwise than on a Judicial Commissioner or the relevant judicial authority (within the meaning of section ... 32A) by or under—

(a) Parts 2 and 3 of this Act;

(b) section 5 of the Intelligence Services Act 1994 (warrants for interference with property or wireless telegraphy for the purposes of the intelligence services); and

(c) Part III of the Police Act 1997 (authorisation by the police or Her Majesty's Revenue and Customs of interference with property or wireless telegraphy).

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Before issuing a code of practice under subsection (1), the Secretary of State shall—

(a) prepare and publish a draft of that code; and

(b) consider any representations made to him about the draft;

and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.

(4) The Secretary of State shall lay before both Houses of Parliament every draft code of practice prepared and published by him under this section.

(5) A code of practice issued by the Secretary of State under this section shall not be brought into force except in accordance with an order made by the Secretary of State.

(6) An order under subsection (5) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the bringing into force of the code brought into force by that order.

(7) The Secretary of State may from time to time—

(a) revise the whole or any part of a code issued under this section; and

(b) issue the revised code.

(8) Subsections (3) to (6) shall apply (with appropriate modifications) in relation to the issue of any revised code under this section as they apply in relation to the first issue of such a code.

(9) The Secretary of State shall not make an order containing provision for any of the purposes of this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

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

Effect of codes of practice

72

(1) A person exercising or performing any power or duty in relation to which provision may be made by a code of practice under section 71 shall, in doing so, have regard to the provisions (so far as they are applicable) of every code of practice for the time being in force under that section.

(2) A failure on the part of any person to comply with any provision of a code of practice for the time being in force under section 71 shall not of itself render him liable to any criminal or civil proceedings.

(3) A code of practice in force at any time under section 71 shall be admissible in evidence in any criminal or civil proceedings.

(4) If any provision of a code of practice issued or revised under section 71 appears to—

(a) the court or tribunal conducting any civil or criminal proceedings,

(b) the Tribunal,

(ba) the Investigatory Powers Commissioner for Northern Ireland carrying out functions under this Act, or

(bb) the Investigatory Powers Commissioner or any other Judicial Commissioner carrying out functions under this Act, the Investigatory Powers Act 2016 or the Police Act 1997,

to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to a time when it was in force, that provision of the code shall be taken into account in determining that question.

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

Part V — Miscellaneous and supplemental

Miscellaneous

Conduct in relation to wireless telegraphy

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrants under the Intelligence Services Act 1994

74

(1) In subsection (2) of section 5 of the Intelligence Services Act 1994 (the circumstances in which the Secretary of State may issue a warrant authorising interference with property or wireless telegraphy)—

(a) in paragraph (a), for “on the ground that it is likely to be of substantial value in” there shall be substituted “for the purpose of”; and

(b) for paragraph (b) there shall be substituted—

(b) is satisfied that the taking of the action is proportionate to what the action seeks to achieve;

(2) After that subsection, there shall be inserted—

(2A) The matters to be taken into account in considering whether the requirements of subsection (2)(a) and (b) are satisfied in the case of any warrant shall include whether what it is thought necessary to achieve by the conduct authorised by the warrant could reasonably be achieved by other means.

(3) In each of sections 6(1)(b) and 7(5)(b) of that Act (warrants issued under the hand of a senior official of the Secretary of State’s department), the words “of his department” shall be omitted.

(4) In section 11 of that Act (interpretation), for paragraph (1)(d) there shall be substituted—

(d) “senior official” has the same meaning as in the Regulation of Investigatory Powers Act 2000;

Authorisations under Part III of the Police Act 1997

75

(1) Section 93 of the Police Act 1997 (authorisations to interfere with property etc.) shall be amended as follows.

(2) In subsection (1) (the action that the authorising officer may authorise), for “or” at the end of paragraph (a) there shall be substituted—

(ab) the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or

(3) After that subsection there shall be inserted—

(1A) The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000. (1B) Subsection (1) applies where the authorising officer is a customs officer with the omission of— (a) the words “in the relevant area”, in each place where they occur; and (b) paragraph (ab).

(4) In subsection (2) (the grounds on which action may be authorised)—

(a) in paragraph (a), for the words from “on the ground” to “detection of” there shall be substituted “for the purpose of preventing or detecting”; and

(b) for paragraph (b) there shall be substituted—

(b) that the taking of the action is proportionate to what the action seeks to achieve.

(5) After subsection (2) there shall be inserted—

(2A) Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the Royal Ulster Constabulary as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security. (2B) 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 what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.

(6) In subsection (5) (the meaning of authorising officer)—

(a) after paragraph (e) there shall be inserted—

(ea) the Chief Constable of the Ministry of Defence Police; (eb) the Provost Marshal of the Royal Navy Regulating Branch; (ec) the Provost Marshal of the Royal Military Police; (ed) the Provost Marshal of the Royal Air Force Police; (ee) the Chief Constable of the British Transport Police;

;

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

(7) In subsection (6) (the meaning of relevant area), after paragraph (c) there shall be inserted—

(ca) in relation to a person within paragraph (ea), means any place where, under section 2 of the Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable; (cb) in relation to a person within paragraph (ee), means the United Kingdom;

(8) After that subsection there shall be inserted—

(6A) For the purposes of any authorisation by a person within paragraph (eb), (ec) or (ed) of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be— (a) the property is owned, occupied, in the possession of or being used by a person subject to service discipline; or (b) the action is taken in relation to the use of wireless telegraphy by such a person. (6B) For the purposes of this section a person is subject to service discipline— (a) in relation to the Royal Navy Regulating Branch, if he is subject to the Naval Discipline Act 1957 or is a civilian to whom Parts I and II of that Act for the time being apply by virtue of section 118 of that Act ; (b) in relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the Army Act 1955 for the time being applies by virtue of section 209 of that Act; and (c) in relation to the Royal Air Force Police, if he is subject to air-force law or is a civilian to whom Part II of the Air Force Act 1955 for the time being applies by virtue of section 209 of that Act.

Surveillance etc. operations beginning in Scotland

76

(1) Subject to subsection (2), where—

(a) an authorisation under the relevant Scottish legislation has the effect of authorising the carrying out in Scotland of the conduct described in the authorisation,

(b) the conduct so described is or includes conduct to which Part II of this Act applies, and

(c) circumstances arise by virtue of which some or all of the conduct so described can for the time being be carried out only outwith Scotland,

section 27 of this Act shall have effect for the purpose of making lawful the carrying out outwith Scotland of the conduct so described as if the authorisation, so far as is it relates to conduct to which that Part applies, were an authorisation duly granted under that Part.

(2) Where any such circumstances as are mentioned in paragraph (c) of subsection (1) so arise as to give effect outwith Scotland to any authorisation granted under the relevant Scottish legislation, that authorisation shall not authorise any conduct outwith Scotland at any time after the end of the period of three weeks beginning with the time when the circumstances arose.

(3) Subsection (2) is without prejudice to the operation of subsection (1) in relation to any authorisation on the second or any subsequent occasion on which any such circumstances as are mentioned in subsection (1)(c) arise while the authorisation remains in force.

(4) In this section “the relevant Scottish legislation” means an enactment contained in or made under an Act of the Scottish Parliament which makes provision, corresponding to that made by Part II, for the authorisation of conduct to which that Part applies.

Supplemental

Ministerial expenditure etc

77

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and

(b) any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

Orders, regulations and rules

78

(1) This section applies to any power of the Secretary of State or the Lord Chancellor to make any order, regulations or rules under any provision of this Act.

(2) The powers to which this section applies shall be exercisable by statutory instrument.

(3) A statutory instrument which contains any order made in exercise of a power to which this section applies (other than the power to appoint a day under section 83(2)) but which contains neither—

(a) an order a draft of which has been approved for the purposes of section ... ... 28(5), 29(6), 30(7), 32A(7), 35(5), 41(6), 47(2), 66(3), 67(11) , 71(9) or 76A(9) nor

(b) the order to which section 35(7) applies,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing any regulations made in exercise of a power to which this section applies (other than regulations under section 67A(5)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4A) A statutory instrument containing regulations under section 67A(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) Any order, regulations or rules made in exercise of a power to which this section applies may—

(a) make different provisions for different cases;

(b) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State or (as the case may be) the Lord Chancellor thinks fit.

Criminal liability of directors etc

79

(1) Where an offence under any provision of this Act other than a provision of Part III is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(2) Where an offence under any provision of this Act other than a provision of Part III—

(a) is committed by a Scottish firm, and

(b) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,

he (as well as the firm) shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(3) In this section “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

General saving for lawful conduct

80

Nothing in any of the provisions of this Act by virtue of which conduct of any description is or may be authorised by any warrant, authorisation or notice, or by virtue of which information may be obtained in any manner, shall be construed—

(a) as making it unlawful to engage in any conduct of that description which is not otherwise unlawful under this Act and would not be unlawful apart from this Act;

(b) as otherwise requiring—

(i) the issue, grant or giving of such a warrant, authorisation or notice, or

(ii) the taking of any step for or towards obtaining the authority of such a warrant, authorisation or notice,

before any such conduct of that description is engaged in; or

(c) as prejudicing any power to obtain information by any means not involving conduct that may be authorised under this Act.

General interpretation

81

(1) In this Act—

“apparatus” has the same meaning as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;

“civil proceedings” means any proceedings in or before any court or tribunal that are not criminal proceedings;

“communication” includes—... anything transmitted by means of a postal service;anything comprising speech, music, sounds, visual images or data of any description; andsignals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus;

“criminal”, in relation to any proceedings ..., shall be construed in accordance with subsection (4);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“document” includes a map, plan, design, drawing, picture or other image;

“enactment” includes—an enactment passed after the passing of this Act; andan enactment contained in Northern Ireland legislation;

“GCHQ” has the same meaning as in the Intelligence Services Act 1994;

“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006;

“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ;

“interception” and cognate expressions shall be construed (so far as it is applicable) in accordance with section 2 sections 4 and 5 of the Investigatory Powers Act 2016;

“interception warrant” means— a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, ora bulk interception warrant under Chapter 1 of Part 6 of that Act;

“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

“justice of the peace” does not include a justice of the peace in Northern Ireland;

“legal proceedings” means civil or criminal proceedings in or before any court or tribunal or proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006;

“modification” includes alterations, additions and omissions, and cognate expressions shall be construed accordingly;

“person” includes any organisation and any association or combination of persons;

“police force” means any of the following—any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the metropolitan police force;the City of London police force; the Police Service of Scotland; the Royal Ulster Constabulary;the Ministry of Defence Police;the Royal Navy Police;the Royal Military Police;the Royal Air Force Police;the British Transport Police;

“postal service” and “public postal service” have the meanings given by section 2(1); “postal service” has the same meaning as in the Investigatory Powers Act 2016 (see section 262(7) of that Act);

“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (acts of public authorities) other than a court or tribunal;

“senior official” means, subject to subsection (7), a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service;

“statutory”, in relation to any power or duty, means conferred or imposed by or under any enactment or subordinate legislation;

“subordinate legislation” means any subordinate legislation (within the meaning of the Interpretation Act 1978) or any statutory rules (within the meaning of the Statutory Rules (Northern Ireland) Order 1979);

“telecommunication system” and “telecommunications service” have the same meanings as in the Investigatory Powers Act 2016 (see section 261(11) to (13) of that Act);

“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;

“the Tribunal” means the tribunal established under section 65;

“wireless telegraphy” has the same meaning as in the the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2) In this Act—

(a) references to crime are references to conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences; and

(b) references to serious crime are references to crime that satisfies the test in subsection (3)(a) or (b).

(3) Those tests are—

(a) that the offence or one of the offences that is or would be constituted by the conduct is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more;

(b) that the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

(4) In this Act “criminal proceedings” includes proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006, ....

(5) For the purposes of this Act detecting crime shall be taken to include—

(a) establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and

(b) the apprehension of the person by whom any crime was committed;

and any reference in this Act to preventing or detecting serious crime shall be construed accordingly....

(6) In this Act—

(a) references to a person holding office under the Crown include references to any servant of the Crown and to any member of Her Majesty’s forces; and

(b) references to a member of a police force, in relation to the Royal Navy Police, the Royal Military Police or the Royal Air Force Police, do not include references to any member of that force who is not for the time being attached to or serving—

(i) with that force,

(ii) with another of those police forces, or

(iii) with the tri-service serious crime unit.

(7) If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the statutory civil service (or any part of it), he may by order make such amendments of the definition of “senior official” in subsection (1) as appear to him appropriate to preserve, so far as practicable, the effect of that definition.

(8) In subsection (7) “the statutory civil service” means—

(a) the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act), but

(b) also includes the Government Communications Headquarters.

(9) References in this Act to provision which, if it were contained in an Act of the Northern Ireland Assembly, would deal with a Northern Ireland transferred matter or (as the case may be) a transferred matter (see sections ... 32A(8)(c) and 77B(3)) do not include references to any such provision which would be ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).

Amendments, repeals and savings etc

82

(1) The enactments specified in Schedule 4 (amendments consequential on the provisions of this Act) shall have effect with the amendments set out in that Schedule.

(2) The enactments mentioned in Schedule 5 are hereby repealed to the extent specified in the third column of that Schedule.

(3) For the avoidance of doubt it is hereby declared that nothing in this Act . . .affects any power conferred on a postal operator (within the meaning of Part 3 of the Postal Services Act 2011) by or under any enactment to open, detain or delay any postal packet or to deliver any such packet to a person other than the person to whom it is addressed.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title, commencement and extent

83

(1) This Act may be cited as the Regulation of Investigatory Powers Act 2000.

(2) The provisions of this Act, other than this section, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.

(3) This Act extends to Northern Ireland.

SCHEDULE 1

Part I — Relevant authorities for the purposes only of ss. 28 and 29

Police forces etc.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government departments

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh Assembly Government

16

The Welsh Assembly Government.

Local authorities

17

Any county council or district council in England, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, and any county council or county borough council in Wales.

Other bodies

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Relevant authorities for the purposes only of s. 28

The Health and Safety Executive

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NHS bodies in England and Wales

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

A Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The General Pharmaceutical Council.

28

The General Pharmaceutical Council.

SCHEDULE 2

Requirement that appropriate permission is granted by a judge

1

(1) Subject to the following provisions of this Schedule, a person has the appropriate permission in relation to any protected information if, and only if, written permission for the giving of section 49 notices in relation to that information has been granted—

(a) in England and Wales, by a Circuit judge;

(b) in Scotland, by a sheriff; or

(2) Nothing in paragraphs 2 to 5 of this Schedule providing for the manner in which a person may be granted the appropriate permission in relation to any protected information without a grant under this paragraph shall be construed as requiring any further permission to be obtained in a case in which permission has been granted under this paragraph.

Data obtained under warrant etc.

2

(1) This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) where the statutory power in question is one exercised, or to be exercised, in accordance with—

(a) a warrant issued by the Secretary of State or a person holding judicial office; ...

(b) an authorisation under Part III of the Police Act 1997 (authorisation of otherwise unlawful action in respect of property); or

(c) a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016 (powers of law enforcement chiefs to issue warrants to law enforcement officers).

(2) Subject to sub-paragraphs (3) to (5) and paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—

(a) the warrant or, as the case may be, the authorisation contained the relevant authority’s permission for the giving of section 49 notices in relation to protected information to be obtained under the warrant or authorisation; or

(b) since the issue of the warrant or authorisation, written permission has been granted by the relevant authority for the giving of such notices in relation to protected information obtained under the warrant or authorisation.

(3) Only persons holding office under the Crown, the police , the National Crime Agency, ... and Her Majesty's Revenue and Customs shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by the Secretary of State.

(4) Only a person who—

(a) was entitled to exercise the power conferred by the warrant, or

(b) is of the description of persons on whom the power conferred by the warrant was, or could have been, conferred,

shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by a person holding judicial office.

(5) Only the police , the National Crime Agency, ... and Her Majesty's Revenue and Customs shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under an authorisation under Part III of the Police Act 1997 or under a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016.

(6) In this paragraph “the relevant authority”—

(a) in relation to a warrant issued by the Secretary of State, means the Secretary of State;

(b) in relation to a warrant issued by a person holding judicial office, means any person holding any judicial office that would have entitled him to issue the warrant; ...

(c) in relation to protected information obtained under an authorisation under Part III of the Police Act 1997, means (subject to sub-paragraph (7)) an authorising officer within the meaning of section 93 of that Act; and

(d) in relation to protected information obtained under a warrant issued under section 106 of the Investigatory Powers Act 2016, means the person who issued the warrant or, if that person was an appropriate delegate in relation to a law enforcement chief, either that person or the law enforcement chief.

(6A) In sub-paragraph (6)(d), the references to a law enforcement chief and to an appropriate delegate in relation to a law enforcement chief are to be read in accordance with section 106(5) of the Investigatory Powers Act 2016.

(7) Section 94 of the Police Act 1997 (power of other persons to grant authorisations in urgent cases) shall apply in relation to—

(a) an application for permission for the giving of section 49 notices in relation to protected information obtained, or to be obtained, under an authorisation under Part III of that Act, and

(b) the powers of any authorising officer (within the meaning of section 93 of that Act) to grant such a permission,

as it applies in relation to an application for an authorisation under section 93 of that Act and the powers of such an officer under that section.

(8) References in this paragraph to a person holding judicial office are references to—

(a) any judge of the Crown Court or of the High Court of Justiciary;

(b) any sheriff;

(d) any resident magistrate in Northern Ireland; or

(e) any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.

(9) Protected information that comes into a person’s possession by means of the exercise of any statutory power which—

(a) is exercisable without a warrant, but

(b) is so exercisable in the course of, or in connection with, the exercise of another statutory power for which a warrant is required,

shall not be taken, by reason only of the warrant required for the exercise of the power mentioned in paragraph (b), to be information in the case of which this paragraph applies.

Data obtained by the intelligence services under statute but without a warrant

3

(1) This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) which—

(a) has come into the possession of any of the intelligence services or is likely to do so; and

(b) is not information in the case of which paragraph 2 applies.

(2) Subject to paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if written permission for the giving of section 49 notices in relation to that information has been granted by the Secretary of State.

(3) Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both—

(a) one or more of the intelligence services, and

(b) a public authority which is not one of the intelligence services,

as if a grant of permission under paragraph 1 were unnecessary only where the application to the Secretary of State for permission under that sub-paragraph is made by or on behalf of a member of one of the intelligence services.

Data obtained under statute by other persons but without a warrant

4

(1) This paragraph applies—

(a) in the case of protected information falling within section 49(1)(a), (b) or (c) which is not information in the case of which paragraph 2 or 3 applies; and

(b) in the case of protected information falling within section 49(1)(d) which is not information also falling within section 49(1)(a), (b) or (c) in the case of which paragraph 3 applies.

(2) Subject to paragraph 6, where—

(a) the statutory power was exercised, or is likely to be exercised, by the police, the National Crime Agency, ... Her Majesty's Revenue and Customs or a member of Her Majesty’s forces, or

(b) the information was provided or disclosed, or is likely to be provided or disclosed, to the police, the National Crime Agency, ... Her Majesty's Revenue and Customs or a member of Her Majesty’s forces, or

(c) the information is in the possession of, or is likely to come into the possession of, the police, the National Crime Agency, ... Her Majesty's Revenue and Customs or a member of Her Majesty’s forces,

the police, the National Crime Agency, ... Her Majesty's Revenue and Customs or, as the case may be, members of Her Majesty’s forces have the appropriate permission in relation to the protected information, without any grant of permission under paragraph 1.

(3) In any other case a person shall not have the appropriate permission by virtue of a grant of permission under paragraph 1 unless he is a person falling within sub-paragraph (4).

(4) A person falls within this sub-paragraph if, as the case may be—

(a) he is the person who exercised the statutory power or is of the description of persons who would have been entitled to exercise it;

(b) he is the person to whom the protected information was provided or disclosed, or is of a description of person the provision or disclosure of the information to whom would have discharged the statutory duty; or

(c) he is a person who is likely to be a person falling within paragraph (a) or (b) when the power is exercised or the protected information provided or disclosed.

Data obtained without the exercise of statutory powers

5

(1) This paragraph applies in the case of protected information falling within section 49(1)(e).

(2) Subject to paragraph 6, a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—

(a) the information is in the possession of any of the intelligence services, or is likely to come into the possession of any of those services; and

(b) written permission for the giving of section 49 notices in relation to that information has been granted by the Secretary of State.

(3) Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both—

(a) one or more of the intelligence services, and

(b) the police, the National Crime Agency ... or Her Majesty's Revenue and Customs,

General requirements relating to the appropriate permission

6

(1) A person does not have the appropriate permission in relation to any protected information unless he is either—

(a) a person who has the protected information in his possession or is likely to obtain possession of it; or

(b) a person who is authorised (apart from this Act) to act on behalf of such a person.

(2) Subject to sub-paragraph (3), a constable does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—

(a) he is of or above the rank of superintendent; or

(b) permission to give a section 49 notice in relation to that information has been granted by a person holding the rank of superintendent, or any higher rank.

(3) In the case of protected information that has come into the police’s possession by means of the exercise of powers conferred by—

(a) section 47A of the Terrorism Act 2000 (power to stop and search) (including that section as it had effect by virtue of the Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), or

(b) section 44 of the Terrorism Act 2000 or section 13A or 13B of the Prevention of Terrorism (Temporary Provisions) Act 1989 (which previously had effect for similar purposes,

the permission required by sub-paragraph (2) shall not be granted by any person below the rank mentioned in paragraph 14(1) and (2) of Schedule 6B to that Act of 2000 (see the definition of “senior police officer”), section 44(4) of that Act of 2000 or, as the case may be, section 13A(1) of that Act of 1989.

(3A) A National Crime Agency officer does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—

(a) by the Director General; or

(b) by a member of the staff of the Agency of or above such level as the Director General may designate for the purposes of this sub-paragraph.

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An officer of Revenue and Customs does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—

(a) by the Commissioners for Her Majesty's Revenue and Customs; or

(b) by an officer of Revenue and Customs of or above such level as the Commissioners may designate for the purposes of this sub-paragraph.

(5) A member of Her Majesty’s forces does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—

(a) he is of or above the rank of lieutenant colonel or its equivalent; or

(b) permission to give a section 49 notice in relation to that information has been granted by a person holding the rank of lieutenant colonel or its equivalent, or by a person holding a rank higher than lieutenant colonel or its equivalent.

(6) In sub-paragraph (2) “constable” does not include a constable who is a National Crime Agency officer ....

Duration of permission

7

(1) A permission granted by any person under any provision of this Schedule shall not entitle any person to give a section 49 notice at any time after the permission has ceased to have effect.

(2) Such a permission, once granted, shall continue to have effect (notwithstanding the cancellation, expiry or other discharge of any warrant or authorisation in which it is contained or to which it relates) until such time (if any) as it—

(a) expires in accordance with any limitation on its duration that was contained in its terms; or

(b) is withdrawn by the person who granted it or by a person holding any office or other position that would have entitled him to grant it.

Formalities for permissions granted by the Secretary of State

8

A permission for the purposes of any provision of this Schedule shall not be granted by the Secretary of State except—

(a) under his hand; or

(b) in an urgent case in which the Secretary of State has expressly authorised the grant of the permission, under the hand of a senior official.

SCHEDULE 3

Membership of the Tribunal

1

(1) A person shall not be appointed as a member of the Tribunal unless he is—

(a) a person who holds or has held a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council);

(b) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;

(d) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least seven years’ standing.

(2) Subject to the following provisions of this paragraph, the members of the Tribunal shall hold office during good behaviour.

(3) A member of the Tribunal shall vacate office at the end of the period of five years beginning with the day of his appointment, but shall be eligible for reappointment.

(4) A member of the Tribunal may be relieved of office by Her Majesty at his own request.

(5) A member of the Tribunal may be removed from office by Her Majesty on an Address presented to Her by both Houses of Parliament.

(6) If the Scottish Parliament passes a resolution calling for the removal of a member of the Tribunal, it shall be the duty of the Secretary of State to secure that a motion for the presentation of an Address to Her Majesty for the removal of that member, and the resolution of the Scottish Parliament, are considered by each House of Parliament.

President and Vice-President

2

(1) Her Majesty may by Letters Patent appoint as President or Vice-President of the Tribunal a person who is, or by virtue of those Letters will be, a member of the Tribunal.

(2) A person shall not be appointed President of the Tribunal unless he holds or has held a high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council).

(3) If at any time—

(a) the President of the Tribunal is temporarily unable to carry out any functions conferred on him by this Schedule or any rules under section 69, or

(b) the office of President of the Tribunal is for the time being vacant,

the Vice-President shall carry out those functions.

(4) A person shall cease to be President or Vice-President of the Tribunal if he ceases to be a member of the Tribunal.

Members of the Tribunal with special responsibilities

3

(1) The President of the Tribunal shall designate one or more members of the Tribunal as the member or members having responsibilities in relation to matters involving the intelligence services.

(2) It shall be the duty of the President of the Tribunal, in exercising any power conferred on him by rules under section 69 to allocate the members of the Tribunal who are to consider or hear any complaint, proceedings, reference or preliminary or incidental matter, to exercise that power in a case in which the complaint, proceedings or reference relates to, or to a matter involving—

(a) an allegation against any of the intelligence services or any member of any of those services, or

(b) conduct by or on behalf of any of those services or any member of any of those services,

in such manner as secures that the allocated members consist of, or include, one or more of the members for the time being designated under sub-paragraph (1).

Salaries and expenses

4

(1) The Secretary of State shall pay to the members of the Tribunal out of money provided by Parliament such remuneration and allowances as he may with the approval of the Treasury determine.

(2) Such expenses of the Tribunal as the Secretary of State may with the approval of the Treasury determine shall be defrayed by him out of money provided by Parliament.

Officers

5

(1) The Secretary of State may, after consultation with the Tribunal and with the approval of the Treasury as to numbers, provide the Tribunal with such officers as he thinks necessary for the proper discharge of their functions.

(2) The Tribunal may authorise any officer provided under this paragraph to obtain any documents or information on the Tribunal’s behalf.

Parliamentary disqualification

6

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted (at the appropriate places) the following entry—

The Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000

SCHEDULE 4

The Post Office Act 1953 (c. 36)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Post Office Act 1969 (c. 48)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Telecommunications Act 1984 (c. 12)

3

The Security Service Act 1989 (c. 5)

4

(1) In section 1 of the Security Service Act 1989 (functions of the Security Service), after subsection (4) there shall be inserted—

(5) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.

(2) In section 2(2)(a) of that Act (duty of Director General to secure that information not disclosed except for authorised purposes), for “preventing or detecting” there shall be substituted “ the prevention or detection of ”.

The Official Secrets Act 1989 (c. 6)

5

In section 4(3)(a) of the Official Secrets Act 1989 (offence of disclosing interception information), after “1985” there shall be inserted “ or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000 ”.

The Intelligence Services Act 1994 (c. 13)

6

In section 11 of the Intelligence Services Act 1994 (interpretation), after subsection (1) there shall be inserted—

(1A) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act.

The Criminal Procedure and Investigations Act 1996 (c. 25)

7

(1) In each of sections 3(7), 7(6), 8(6) and 9(9) of the Criminal Procedure and Investigations Act 1996 (exceptions for interceptions from obligations to make disclosures to the defence), for paragraphs (a) and (b) there shall be substituted “ it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000. ”

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Police Act 1997 (c. 50)

8

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

(2) In section 93(3) of that Act (persons who may make an application to an authorising officer within section 93(5))—

(a) in paragraph (a), for “(e)” there shall be substituted “ (ea) or (ee) ”; and

(b) after that paragraph there shall be inserted—

(aa) if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police;

(3) In section 94(1) of that Act (circumstances in which authorisations may be given in absence of authorising officer), in paragraph (b), for “, (f), (g) or (h)” there shall be substituted “ or (f) ”, and after that paragraph there shall be inserted

or (c) if the authorising officer is within paragraph (g) of section 93(5), it is also not reasonably practicable for the application to be considered either— (i) by any other person designated for the purposes of that paragraph; or (ii) by the designated deputy of the Director General of the National Crime Squad.

(4) In section 94(2) of that Act (persons who may act in absence of the authorising officer)—

(a) after paragraph (d), there shall be inserted—

(da) where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police; (db) where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the Royal Navy Regulating Branch; (dc) where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police; (dd) where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the British Transport Police;

;

(b) in paragraph (e), the words “or (g)” and “or, as the case may be, of the National Crime Squad” shall be omitted; and

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

(6) In section 95 of that Act (authorisations: form and duration etc.)—

(a) in each of subsections (4) and (5), for the words from “the action” onwards there shall be substituted “ the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied. ”; and

(b) in subsection (6), for “or (e)” there shall be substituted “ , (e) or (g) ”.

(7) In section 97 of that Act (authorisations requiring approval), in subsection (6), the words from “(and paragraph 7” onwards shall be omitted, and after that subsection there shall be inserted—

(6A) The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b), (e) or (g) of section 93(5), as a reference to the Commissioner of Police, Chief Constable or, as the case may be, Director General mentioned in the paragraph concerned.

(8) In section 103(7) of that Act (quashing authorisations), for the words from “and paragraph 7” onwards there shall be substituted “ and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section. ”

(9) In section 105 of that Act (appeals by authorising officers: supplementary), in subsection (1)(a), the word “and” shall be inserted at the end of sub-paragraph (i), and sub-paragraph (iii) and the word “and” immediately preceding it shall be omitted.

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

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In section 108(1) of that Act after “In this Part—” there shall be inserted—

“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;

(13) In Part VII of that Act, before section 134 there shall be inserted—

(133A) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.

The Northern Ireland Act 1998 (c. 47)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electronic Communications Act 2000 (c. 7)

10

In section 4(2) of the Electronic Communications Act 2000 (exception to rules restricting disclosure of information obtained under Part I of that Act), for the word “or” at the end of paragraph (e) there shall be substituted—

(ea) for the purposes of any proceedings before the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000; or

The Financial Services and Markets Act 2000 (c. 8)

11

In section 394(7) of the Financial Services and Markets Act 2000 (exclusion of material from material of the Authority to which a person must be allowed access), for paragraphs (a) and (b) there shall be substituted—

(a) is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000; or

The Terrorism Act 2000 (c. 11)

12

(1) In section 9(2)(d) of the Terrorism Act 2000 (proceedings under the Human Rights Act 1998), for “8” there shall be substituted “ 7 ”.

(2) In each of paragraphs 6(3) and 7(5) of Schedule 3 to that Act (references to an organisation and representative in paragraphs 5 and 8 of that Schedule), for “paragraphs 5 and 8” there shall be substituted “ paragraph 5 ”.

SCHEDULE 5

Meaning and location of “interception”

Lawful surveillance etc.

Authorisations requiring judicial approval

Co-operation with and reports by s. 57 Commissioner.

General duties of specified authorities.

Procedure for judicial approval

76A

(1) This section applies where—

(a) a foreign police or customs officer is carrying out relevant surveillance outside the United Kingdom which is lawful under the law of the country or territory in which it is being carried out;

(b) circumstances arise by virtue of which the surveillance can for the time being be carried out only in the United Kingdom; and

(c) it is not reasonably practicable in those circumstances for a United Kingdom officer to carry out the surveillance in the United Kingdom in accordance with an authorisation under Part 2 or the Regulation of Investigatory Powers (Scotland) Act 2000.

(2) “Relevant surveillance” means surveillance which—

(a) is carried out in relation to a person who is suspected of having committed a relevant crime; and

(b) is, for the purposes of Part 2, directed surveillance or intrusive surveillance.

(3) “Relevant crime” means crime which—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) is crime for the purposes of any ... international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.

(4) Relevant surveillance carried out by the foreign police or customs officer in the United Kingdom during the permitted period is to be lawful for all purposes if—

(a) the condition mentioned in subsection (6) is satisfied;

(b) the officer carries out the surveillance only in places to which members of the public have or are permitted to have access, whether on payment or otherwise; and

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