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Statutory Instruments

2000 No. 2417

INVESTIGATORY POWERS

The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000

Made

7th September 2000

Laid before Parliament

8th September 2000

Coming into force

25th September 2000

The Secretary of State, in exercise of the powers conferred on him by section 30(1) and (3) and section 78(5) of the Regulation of Investigatory Powers Act 2000( 1 ), hereby makes the following Order:

Citation, commencement and interpretation

1. —(1) This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 and shall come into force on 25th September 2000.

(2) In this Order “the 2000 Act” means the Regulation of Investigatory Powers Act 2000.

Prescribed offices etc.

2. —(1) The offices, ranks and positions listed in column 2 of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act.

(2) Subject to paragraph (3), where an office, rank or position with a relevant public authority is prescribed by virtue of paragraph (1), all more senior offices, ranks or positions with that authority are also prescribed.

(3) Where an office, rank or position with a relevant public authority is described in column 2 by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to all more senior offices, ranks or positions with that public authority is a reference to all more senior offices, ranks or positions in that agency, unit, branch, division or part.

Additional offices etc. prescribed for urgent cases

3. —(1) The additional offices, ranks and positions listed in column 3 of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act, for the cases described in this article.

(2) An individual holding an office, rank or position which is prescribed by virtue of paragraph (1) may only grant an authorisation where it is not reasonably practicable having regard to the urgency of the case for the application to be considered by an individual in the same authority holding an office, rank or position prescribed by article 2.

(3) Where an office, rank or position with a relevant public authority is described in column 2 by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to an individual in the same authority is a reference to an individual in that agency, unit, branch, division or part.

Restricted prescriptions for certain cases

4. —(1) Where an entry in columns 2 or 3 of the Schedule to this Order is headed by a reference to an authorisation under section 28 or section 29 of the 2000 Act, as the case may be, the prescriptions by virtue of articles 2 and 3 apply accordingly.

(2) The prescriptions by virtue of articles 2 and 3 in relation to the Food Standards Agency and the Intervention Board for Agricultural Produce do not apply for the purposes of the grant of authorisations for conduct in Northern Ireland.

Charles Clarke

Minister of State

Home Office

7th September 2000

Article 2

SCHEDULE

PART I Prescriptions for public authorities which are relevant public authorities for the purposes of ss. 28 and 29

(1) (2) (3)
Relevant public authorities Prescribed offices etc. Urgent cases
Police Forces
A police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London) Superintendent Inspector
A police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 Superintendent Inspector
The metropolitan police force Superintendent Inspector
The City of London police force Superintendent Inspector
The Royal Ulster Constabulary Superintendent Inspector
The Ministry of Defence Police Superintendent Inspector
The Royal Navy Regulating Branch Provost Marshal
The Royal Military Police Lieutenant Colonel Major
The Royal Air Force Police Wing Commander Squadron Leader
The British Transport Police Superintendent Inspector
The National CriminalIntelligence Service Superintendent Inspector
The National Crime Squad Superintendent Inspector
The Serious Fraud Office Assistant Director
The Intelligence Services
Government Communications Headquarters GC8
The Security Service General Duties 3 or any other Officer at Level 3
The Secret Intelligence Service Band C
Her Majesty’s Forces
The Royal Navy Commander Lieutenant Commander
The Army Lieutenant Colonel Major
The Royal Air Force Wing Commander Squadron Leader
The Commissioners of Customs and Excise Band 9 Band 7 or 8
The Commissioners of Inland Revenue Band C1 Band C2
The Ministry of Agriculture, Fisheries and Food Senior Investigation Officer in MAFF Investigation Branch
Senior Investigation Officer in Centre for Environment, Fisheries and Aquaculture Science
Section 28 authorisation

Regional Horticultural Marketing Inspector in Horticultural Marketing Inspectorate

Section 28 authorisation

Senior Plant Health and Seed Inspector in Plant Health and Seed Inspectorate

Section 28 authorisation

Chief Egg Marketing Inspector in Egg Marketing Inspectorate

Section 28 authorisation

District Inspector in Sea Fisheries Inspectorate

Ministry of Defence Band C1 Band C2
The Department of the Environment, Transport and the Regions Head of Maritime Section, Head of Channel Tunnel and Railways Section, Senior Aviation Security Inspector
Section 28 authorisation

Area Manager in Vehicle Inspectorate

Section 28 authorisation

Senior Vehicle Examiner or Senior Traffic Examiner in Vehicle Inspectorate

The Department of Health Integrated Payband 3 (Standard 2) in Medicines Control Agency
Integrated Payband 3 (Standard 2) in Directorate of Counter Fraud Services
Integrated Payband 3 (Standard 2) in Medical Devices Agency
Section 28 authorisation

Integrated Payband 4 in Welfare Foods Policy Unit

Section 28 authorisation

Integrated Payband 3 (Standard 2) in Welfare Foods Policy Unit

The Home Office Senior Executive Officer or Grade 3B in HM Prison Service Higher Executive Officer or Grade 3C in HM Prison Service
Immigration Inspector or any other Senior Executive Officer in Immigration Service Chief Immigration Officer or any other Higher Executive Officer in Immigration Service
The Department of Social Security Director’s Investigation Liaison Officer, Senior Executive Officer in Departmental Security Division, Senior Executive Officer in Audit Services Director’s Deputy Investigation Liaison Officer, Higher Executive Officer in Departmental Security Division, Higher Executive Officer in Audit Services
Band C4 in Benefits Agency Band C3 in Benefits Agency
Senior Executive Officer in Child Support Agency Higher Executive Officer in Child Support Agency
Senior Executive Officer in War Pensions Agency Higher Executive Officer in War Pensions Agency
The Department of Trade and Industry Deputy Inspector of Companies in Companies Investigation Branch
Chief Investigation Officer or Member of Senior Civil Service in Legal Services Directorate Branch D
Section 28 authorisation

Radio Specialist 5 or Range 9 Officer in Radiocommunications Agency

Section 28 authorisation

Radio Specialist 4 or Range 8 Officer in Radiocommunications Agency

Section 29 authorisation

Member of Senior Civil Service in Radiocommunications Agency

Section 28 authorisation

Member of Senior Civil Service in British Trade International

Section 28 authorisation

Range 10 Officer in Coal Health Claims Unit

Section 28 authorisation

Range 9 Officer in Coal Health Claims Unit

The National Assembly for Wales Head of NHS Directorate, Head of Health Services Division, Head of NHS Finance Division Member of Health Services Division at a level equivalent to Grade 7, Member of NHS Finance Division at a level equivalent to Grade 7
Head of Common Agricultural Policy Management Division Member of Common Agricultural Policy Management Division at a level equivalent to Grade 7
A Local Authority (within the meaning of section 1 of the Local Government Act 1999) Assistant Chief Officer, Officer responsible for the management of an investigation
The Environment Agency
Section 28 authorisation

Area Management Team Member, Regional Section Head, Head of a National Service, Head of a National Centre

Section 28 authorisation

Area Team Leader

Section 29 authorisation

Area Manager

Section 29 authorisation

Area Management Team Member, Regional Section Head, Head of a National Service, Head of a National Centre

The Financial Services Authority Head of Department Manager
The Food Standards Agency
Section 28 authorisation

Head of Division, Veterinary Director, Veterinary Head of HQ Team, Veterinary Head of Field Team, Director for Scotland, Director for Wales

Section 29 authorisation

Head of Group

The Intervention Board for Agricultural Produce Senior Executive Officer
The Personal Investment Authority Head of Department Manager
The Post Office Territorial Security Manager

PART II Prescriptions for public authorities which are relevant public authorities for the purposes of s.28 only

(1) (2) (3)
Relevant public authorities Prescribed offices etc. Urgent cases
The Health and Safety Executive Band 2 Inspector
A Health Authority established under section 8 of the National Health Service Act 1977 Senior Manager Pay Range 4
A Special Health Authority established under section 11 of the National Health Service Act 1977 Chief Executive
A National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 Chief Executive
The Royal Pharmaceutical Society of Great Britain Director of Professional Standards, Head of Pharmacy Law
( 1 )

2000 c. 23 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 (2000/2417)

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the 2000 Actart. 1.the_2000_A_rtY5g19
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