Citation, commencement and interpretation

1. —(1) This Order may be cited as the Independent Police Complaints Commission (Investigatory Powers) Order 2004 and shall come into force on 1st April 2004.

(2) In this Order—

“the 1997 Act” means the Police Act 1997( 2 );

“the 2000 Act” means the Regulation of Investigatory Powers Act 2000( 3 ).

Modifications to the 1997 Act

2. —(1) For the purposes of the carrying out of the functions of the Independent Police Complaints Commission, Part 3 of the 1997 Act shall have effect with the following modifications.

(2) In section 93 (authorisations to interfere with property etc. )—

(a) after subsection (3)(aa)( 4 ) insert the following paragraph—

“ (ab) if the authorising officer is within subsection (5)(ef), by a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002, ” ;

(b) after subsection (5)(ee)( 5 ) insert the following paragraph—

“ (ef) the Chairman of the Independent Police Complaints Commission; ” ;

(c) in subsection (6)(e) after the words “in relation to” insert the words “the Chairman of the Independent Police Complaints Commission or”.

(3) In section 94 (authorisations given in absence of authorising officer)—

(a) in subsection (1)(b)( 6 ) after the words “paragraph (a), (c), (d)” insert “, (ef)”;

(b) after subsection (2)(dd)( 7 ) insert the following paragraph—

“ (de) where the authorising person is within paragraph (ef) of that subsection, by any other member of the Independent Police Complaints Commission; ” ;

(c) after subsection (4)(c)( 8 ) insert the following paragraph—

“ (d) in the case of an authorising officer within paragraph (ef) of section 93(5), means a person appointed as deputy chairman of the Independent Police Complaints Commission under paragraph 3(1) of Schedule 2 to the Police Reform Act 2002. ” .

(4) In section 95(7) (authorisations: form and duration etc.) after the words “paragraph (a), (c), (d),” insert “(ef),”.

(5) In section 105(3) (appeals by authorising officer: supplementary) after the words “paragraph (a), (c), (d),” insert “(ef),”.

(6) In section 107(4)( 9 ) (supplementary provisions relating to Commissioners) after paragraph (a) insert the following paragraph—

“ (aa) the functions of the Independent Police Complaints Commission, ” .

Modifications to the 2000 Act

3. —(1) For the purposes of the carrying out of the functions of the Independent Police Complaints Commission, Parts 2 and 4 of the 2000 Act shall have effect with the following modifications.

(2) After section 32(6)(j) (authorisation of intrusive surveillance) insert the following paragraph—

“ (ja) the Chairman of the Independent Police Complaints Commission; ” .

(3) In section 33 (rules for grant of authorisations)—

(a) after subsection (1) insert the following subsection—

“ (1A) A person who is a designated person for the purposes of section 28 or 29 by reference to his office or position with the Independent Police Complaints Commission shall not grant an authorisation under that section except on an application made by a member of staff of the Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002. ” ;

(b) after subsection (3) insert the following subsection—

“ (3A) A person who is a senior authorising officer by reference to the Independent Police Complaints Commission shall not grant an authorisation for the carrying out of intrusive surveillance except—

(a) on an application made by a member of staff of the Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002; 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 England and Wales. ” ;

(c) in subsection (5)(a) after the words “National Crime Squad,” insert “or who is a member of staff of the Independent Police Complaints Commission,”.

(4) In section 34 (grant of authorisations in the senior officer’s absence)—

(a) in subsection (1)(a) after the words “National Crime Squad,” insert “or by a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002”;

(b) in subsection (2)(a) after the words “Squad in question” insert “or the Independent Police Complaints Commission”;

(c) after subsection (4)(m)( 10 ) insert the following paragraph—

“ (n) person is entitled to act for the Chairman of the Independent Police Complaints Commission if he is any other member of the Independent Police Complaints Commission. ” ;

(d) after subsection (6)(c) insert the following paragraph—

“ (d) in relation to the Chairman of the Independent Police Complaints Commission, means a person appointed as deputy chairman of the Independent Police Complaints Commission under paragraph 3(1) of Schedule 2 to the Police Reform Act 2002. ” .

(5) In section 35(10)(a) (notification of authorisations for intrusive surveillance) after “a police force,” insert “the Independent Police Complaints Commission,”.

(6) In section 36 (approval required for authorisations to take effect)—

(a) after subsection (1)(a) insert the following paragraph—

“ (aa) a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002; ” ;

(b) after subsection (6)(b) insert the following paragraph—

“ (ba) where the authorisation was granted by the Chairman of the Independent Police Complaints Commission, by the designated deputy of the Chairman of the Independent Police Complaints Commission or by another member of that Commission entitled to act for that Chairman by virtue of section 34(4)(m), that Chairman; ” .

(7) After section 37(1)(a) (quashing of police and customs authorisations etc.) insert the following paragraph—

“ (aa) a member of staff of the Independent Police Complaints Commission who has been designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002; ” .

(8) After section 40(a) (information to be provided to Surveillance Commissioners) insert the following paragraph—

“ (aa) every member and every employee of the Independent Police Complaints Commission, ” .

(9) After section 45(6)(c) (cancellation of authorisation) insert the following paragraph—

“ (ca) in relation to the Chairman of the Independent Police Complaints Commission, to his designated deputy; ” .

(10) After section 65(6)(c) (the Tribunal) insert the following paragraph—

“ (ca) the Independent Police Complaints Commission; ” .

(11) After section 68(7)(d) (Tribunal procedure) insert the following paragraph—

“ (da) every member and every employee of the Independent Police Complaints Commission; ” .

(12) After paragraph 4 of Schedule 1 (authorisation of surveillance and covert human intelligence sources: relevant public authorities for the purposes of sections 28 and 29) insert the following paragraph—

“ 4A. The Independent Police Complaints Commission. ” .

Authorisation of surveillance and human intelligence sources: persons entitled to grant authorisations

4. —(1) The offices and positions of member, Regional Director, Director of Investigations and Deputy Director of Investigations of the Independent Police Complaints Commission are hereby prescribed for the purposes of section 30(1) of the 2000 Act (persons entitled to grant authorisations under sections 28 and 29) as if prescribed by an order under that section.

(2) An individual holding an office or position mentioned in paragraph (1) may not grant an authorisation unless he believes it is necessary on the grounds set out in section 28(3)(b) or 29(3)(b) of the 2000 Act (authorisation necessary for the purpose of preventing or detecting crime or of preventing disorder).

Urgent cases

5. —(1) The additional position of Senior Investigating Officer of the Independent Police Complaints Commission is hereby prescribed for the purposes of section 30(1) of the 2000 Act, for the cases described in paragraph (2) as if prescribed by an order under that section.

(2) An individual prescribed by virtue of paragraph (1) may grant an authorisation only where it is not reasonably practicable having regard to the urgency of the case for the application to be considered by an individual holding an office or position prescribed by article 4(1).