This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2010 No. 521
Investigatory Powers
The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010
Made
25th February 2010
Coming into force
6th April 2010
This Order is made in exercise of the powers conferred on the Secretary of State by sections 30(1), (3), (5) and (6) and 78(5) of the Regulation of Investigatory Powers Act 2000(1).
In accordance with section 30(7) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Order—
Citation, commencement and interpretationI1
1.—(1) This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 and shall come into force on 6th April 2010.
(2) In this Order “the Act” means the Regulation of Investigatory Powers Act 2000 .
[F1 (3) In this Order “relevant source” means a source holding an office, rank or position with one of the following—
(a)a police force maintained under section 2 of the Police Act 1996,
(b)the City of London Police Force,
(c)the Metropolitan Police Force,
(d)the Police Service of Northern Ireland,
(e)the Police Service of Scotland,
(f)the Ministry of Defence Police,
(g)the Royal Navy Police,
(h)the Royal Military Police,
(i)the Royal Air Force Police,
(j)the British Transport Police,
(k)the National Crime Agency,
(l)Her Majesty’s Revenue and Customs, or
(m)the Home Office;
“section 29 authorisation” means an authorisation for the conduct or the use of a source under section 29 of the Act ;
“source” means covert human intelligence source.
[F2 “ tri-service serious crime unit ” means the unit described in section 375(1A) of the Armed Forces Act 2006 . F2,F1]]
[F3Long Term Authorisation
1A.—(1) In this Order a section 29 authorisation for the conduct or use of a relevant source is a long term authorisation if the periods mentioned in paragraph (2)(a) and (b), when taken together, exceed 12 months.
(2) Those periods are—
(a)the period for which the relevant source will be authorised under the authorisation, having regard (where relevant) to paragraph (4), and
(b)any period or periods, other than a period or periods to which paragraph (3) or (5) applies, for which the relevant source has previously been authorised as a source in relation to the same investigation or operation.
(3) This paragraph applies to a period or periods for which the relevant source has been authorised as a source under a section 29 authorisation where that authorisation was granted orally or by a person whose entitlement to act is confined to urgent cases.
(4) For the purposes of paragraph (2)(a) where the period or periods in respect of which a relevant source has previously been authorised as a source is less than 12 months in total, any further authorisation will cease to have effect, unless renewed, at the end of a period of 12 months less the total period for which the source has previously been authorised.
(5) For the purposes of paragraphs (2)(b) and (4) any period of authorisation which ceased to have effect more than 3 years prior to the intended commencement date of the authorisation referred to at paragraph (2)(a) shall be disregarded.
(6) In respect of an authorisation to which article 8(1)(b) of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010(6) applies references in paragraphs (1) and (4) of this article to 12 months should be read as references to 3 months.
(7) For the purposes of this article any period for which the relevant source has previously been authorised as a source in relation to the same investigation or operation prior to 1st January 2014 shall be disregarded save for any period in relation to an authorisation that is extant on that date.F3]
Amendment of Parts 1 and 2 of Schedule 1 to the Act
2.—(1) Schedule 1 to the Act (relevant public authorities) is amended as follows.
(2) In Part 1 (relevant public authorities for the purposes of sections 28 and 29) omit—
(a)paragraph 4A (the force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847(2) on the nomination of the Dover Harbour Board)(3),
(b)paragraph 10 (the Ministry of Defence),
(c)paragraph 15B (the Department for Work and Pensions)(4),
(d)paragraph 20D (the Postal Services Commission)(5), and
(e)paragraph 23 (a universal service provider (within the meaning of the Postal Services Act 2000(6)) acting in connection with the provision of a universal postal service (within the meaning of that Act))(7).
(3) In that Part, for paragraph 17A (any fire authority within the meaning of the Fire Services Act 1947)(8) substitute—
“17A. Any fire and rescue authority under the Fire and Rescue Services Act 2004(9).”
(4) In that Part, after paragraph 20F(10) insert—
“20G. The Health and Safety Executive.”
(5) In Part 2 (relevant public authorities for the purposes only of section 28) omit paragraph 24 (the Health and Safety Executive).
(6) In that Part, after paragraph 28 insert—
The Child Maintenance and Enforcement Commission
28A. The Child Maintenance and Enforcement Commission.
Special constables nominated by the Dover Harbour Board
28B. The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board.
The Department for Work and Pensions
28C. The Department for Work and Pensions.
The Postal Services Commission
28D. The Postal Services Commission
Universal service providers I2
28E. A universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act).”
Prescribed offices, ranks and position with relevant public authoritiesI3
3.—(1) The Schedule to this Order has effect.
[F4 (1A) Part 1 to the Schedule has effect subject to Part 1A.F4]
(2) Subject to the restrictions in [F5articles 5 to 7AF5] , the offices, ranks and positions listed in the entries in—
(a)F6column (2) of Part 1 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of sections 28 and 29 of the Act), ...
[F7 (aa)column (2) of Part 1A of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29 of the Act in relation to the authorisation of relevant sources), F8...F7]
[F9 (ab)column (2) of Part 1B of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29B of the Act), andF9]
(b)column (2) of Part 2 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 28 of the Act only),
are prescribed for the purposes of section 30(1) of the Act.
(3) Where an office, rank or position with a relevant public authority is prescribed by virtue of article 3(2), all more senior offices, ranks or positions with that authority are also prescribed for the purpose of section 30(1) of the 2000 Act, subject to article 8.
(4) Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (3) to all more senior offices, ranks or positions with that authority is a reference to all more senior offices, ranks or positions with that agency, unit, branch, division or part.
[F10 (5) In the entry for the Department for Transport in Part 1 of the Schedule—
(a) “former Driving Standards Agency function” means a function of the Driving Standards Agency immediately before 1st April 2014; and
(b) “former Vehicle and Operator Services Agency function” means a function of the Vehicle and Operator Services Agency immediately before 1st April 2014. F10]
Additional offices, ranks and positions prescribed for urgent casesI4
4.—(1) Subject to the restrictions in [F11articles 5 to 7AF11] , the offices, ranks and positions listed in the entries in column (3) of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Schedule) are prescribed for the purposes of section 30(1) of the Act in the circumstances specified in paragraph (2).
[F12 (2) An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation—
(a)for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule;
(b)for the purposes of section 29 or 29B in the case of an entry in Part 1A of the Schedule;
(c)for the purposes of section 29B only in the case of an entry in Part 1B; or
(d)for the purposes of section 28 only in the case of an entry in Part 2,
where is it not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule.F12]
Restrictions on the granting of authorisationsI5
5.—(1) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) [F13of Parts 1, 1A and 2F13] of the Schedule may not grant an authorisation unless that individual believes it is necessary for any of the grounds set out in paragraphs (a) to (f) of—
(a)section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or
[F14 (aa)section 29(3) of the Act in the case of an entry in Part 1A, orF14]
(b)section 28(3) of the Act in the case of an entry in Part 2,
which is listed in the corresponding entry in column (4) of the Schedule.
[F15 (1A) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1A of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in the corresponding entry in column (5) of that Part.
(1B) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1B of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in section 29B(5) of the Act which are listed in the corresponding entry in column (4) of that Part.F15]
(2) In column (4), a reference to a lettered paragraph is a reference to a paragraph identified by means of that letter in—
(a)section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or
[F16 (aa)section 29(3) [F17 or 29B(5)F17] of the Act in the case of an entry in Part 1A, F18...F16]
[F19 (ab)section 29B(5) of the Act in the case of an entry in Part 1B, orF19]
(b)section 28(3) of the Act in the case of an entry in Part 2.
I6
6.—(1) Where an entry in column (2) or (3) of Part 1 of the Schedule is headed by reference to an authorisation under section 28 or section 29, an authorisation may only be granted by the individual holding the office, rank or position listed in the entry under the section by which the entry is headed.
(2) Such a heading in column (2) or (3) of Part 1 of the Schedule refers to section 28 or section 29, as the case may be, of the Act.
(3) Where paragraph (1) applies, a reference to a paragraph in column (4) of Part 1 of the Schedule is to a paragraph in subsection (3) of the section specified in the heading.
[F20 6A. Where an entry in column (2) of Part 1A of the Schedule is headed by reference to an authorisation of a relevant source or to an authorisation for a long term authorisation, an authorisation may only be granted by the individual holding the office, rank or position listed in an entry under the relevant heading.F20]
I7
7. An individual holding an office, rank or position with the Food Standards Agency may not grant an authorisation for conduct in Northern Ireland.
[F21 7A.—(1) An individual holding an office, rank or position with 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, or any county council or county borough council in Wales may not grant an authorisation under section 28 unless the conditions in paragraphs (2) and (3) are met.
(2) The first condition is that the authorisation under section 28 is for the purpose of preventing or detecting conduct which—
(a)constitutes one or more criminal offences, or
(b)is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences.
(3) The second condition is that the criminal offence or one of the criminal offences referred to in the first condition is or would be—
(a)an offence which is punishable, whether on summary conviction or on indictment, by a maximum term of at least 6 months of imprisonment, or
(b)an offence under—
(i)section 146 of the Licensing Act 2003(3) (sale of alcohol to children);
(ii)section 147 of the Licensing Act 2003 (allowing the sale of alcohol to children);
(iii)section 147A of the Licensing Act 2003(4) (persistently selling alcohol to children);
(iv)section 7 of the Children and Young Persons Act 1933(5) (sale of tobacco, etc, to persons under eighteen)[F22 ;F22,F21]]
[F23 (v)section 91 of the Children and Families Act 2014(3) (purchase of tobacco, nicotine products etc. on behalf of persons under 18);
(vi)section 92 of the Children and Families Act 2014 (prohibition of sale of nicotine products to persons under 18).F23]
I8
8. The restrictions on the granting of authorisations under sections [F2428, 29 and 29BF24] that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of the Schedule to this Order shall also apply to individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 3(3).
Transitional arrangementsI9
9. This Order does not affect the continued operation of the Orders mentioned in article 10 in relation to authorisations under section 28 or 29 of the Act granted before this Order comes into force.
RevocationI10
10. The following Orders are revoked to the extent indicated—
(a)all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003(11), except articles 1 to 3,
(b)articles 4 and 5 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004(12),
(c)all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005(13), except articles 1 and 2(1),
(d)all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006(14), except articles 1 and 2.
David Hanson
Minister of State
Home Office
25th February 2010
Articles 3, 4, 5 and 6
SCHEDULE PRESCRIBED OFFICES ETC. IN RELEVANT PUBLIC AUTHORITIES AND RESTRICTIONS ON AUTHORISATIONS
PART 1 OFFICES ETC. AND RESTRICTIONS IN RESPECT OF PUBLIC AUTHORITIES SPECIFIED IN PART 1 OF SCHEDULE 1 TO THE ACT I11
|
(1) Relevant public authorities |
(2) Prescribed offices etc |
(3) Urgent cases |
(4) Grounds set out in paragraphs of section 28(3) or 29(3) of the Act |
|---|---|---|---|
| A police force maintained under section 2 of the Police Act 1996(15) | Superintendent | Inspector | Paragraphs (a), (b), (c), (d) and (e) |
| The metropolitan police force | Superintendent | Inspector | Paragraphs (a), (b), (c), (d) and (e) |
| The City of London police force | Superintendent | Inspector | Paragraphs (a), (b), (c), (d) and (e) |
| [F25 The Police Service of Scotland | Superintendent | Inspector | Paragraphs (a), (b), (c), (d) and (e)F25] |
| The Police Service of Northern Ireland(16) | Superintendent | [F26 SuperintendentF26] | Paragraphs (a), (b), (c), (d) and (e) |
| The Ministry of Defence Police | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
| The Royal Navy Police | Commander | Lieutenant Commander | Paragraphs (a), (b) and (c) |
| The Royal Military Police | Lieutenant Colonel | Major | Paragraphs (a), (b) and (c) |
| The Royal Air Force Police | Wing Commander | Squadron Leader | Paragraphs (a), (b) and (c) |
| [F27 The Service Police Complaints Commissioner | A senior investigating officer | An investigating officer | Paragraph (b)F27] |
| The British Transport Police | Superintendent | Inspector | Paragraphs (a), (b), (c), (d) and (e) |
| The Civil Nuclear Constabulary | Superintendent | Inspector | Paragraphs (a) and (b) |
| The Serious Organised Crime Agency | Senior Manager (Grade 2) | Principal Officer (Grade 3) | Paragraph (b) |
| F28 . . . | F28 . . . | F28 . . . | F28 . . . |
| The Serious Fraud Office | Grade 6 | — | Paragraph (b) |
| The force comprising the constables appointed under article 3 of the Mersey Docks and Harbour (Police) Order 1975(17) on the nomination of the Mersey Docks and Harbour Company | Superintendent | Inspector | Paragraphs (b), (d) and (e) |
| The Security Service | General Duties 3 or any other Officer at Level 3 | — | Paragraphs (a), (b) and (c) |
| The Secret Intelligence Service | Grade 6 or equivalent | — | Paragraphs (a), (b) and (c) |
| The Government Communications Headquarters | GC8 | — | Paragraphs (a), (b) and (c) |
| The Royal Navy | Commander | Lieutenant Commander | Paragraphs (a), (b), (c), (d) and (e) |
| The Army | Lieutenant Colonel | Major | Paragraphs (a), (b), (c), (d) and (e) |
| The Royal Air Force | Wing Commander | Squadron Leader | Paragraphs (a), (b), (c), (d) and (e) |
| The Commissioners for Her Majesty’s Revenue and Customs | Senior Officer | Higher Officer | Paragraphs (a), (b), (d), (e) and (f) |
| The Department for Environment, Food and Rural Affairs | Senior Investigation Officer in DEFRA Investigation Services | — | Paragraph (b) |
| Senior Fish Health Inspector (PB6 or above) in Centre for Environment, Fisheries and Aquaculture Science | — | Paragraph (b) | |
| F29 . . . | F30 . . . | F30 . . . | |
| F31 . . . | F30 . . . | F30 . . . | |
| The Department of Health [F32and Social CareF32] | Grade 6 in Medicines and Healthcare Products Regulatory Agency | Grade 7 in Medicines and Healthcare Products Regulatory Agency | Paragraphs (b), (d) and (e) |
| [F33 Home Office | Immigration Inspector or Senior Officer with responsibility for immigration and border security investigations and functions | Chief Immigration Officer or Higher Officer with responsibility for immigration and border security investigations and functions | Paragraphs (b) and (c) |
| Immigration Inspector or Senior Executive Officer with responsibility for security and intelligence in detention services (Immigration Removal Centres) | Paragraphs (b) and (d) | ||
|
Section 28 authorisation [F34 Grade 6 with responsibility for investigations or research relating to crime, terrorism or extremismF34] |
[F35 –F35] |
[F36 Paragraphs (b) and (d)F36] | |
|
The Head of the Unit responsible for anti-corruption investigations and functions |
Section 28 authorisation Immigration Inspector or Senior Executive Officer with responsibility for anti-corruption investigations and functions |
Paragraph (b)F33] | |
| The Ministry of Justice | [F37 A civil servant at Band 8 or above of Her Majesty’s Prison and Probation ServiceF37] | [F38 A civil servant at Band 8 or above of Her Majesty’s Prison and Probation ServiceF38] | Paragraphs (b) and (d) |
| [F37 A civil servant at Band 8 or above of Her Majesty’s Prison and Probation ServiceF37] | [F38 A civil servant at Band 8 or above of Her Majesty’s Prison and Probation ServiceF38] | Paragraphs (b) and (d) | |
| [F39 The Department of Justice in Northern IrelandF39] | [F40 Director of Prisons or Governor in ChargeF40] | [F41 Grade 7 or Governor in ChargeF41] | Paragraphs (b) and (d) |
| [F42 The Department for Business and TradeF42] | [F43 An investigating officer in the Insolvency Service at Grade 7 or aboveF43] | — | Paragraph (b) |
| [F44 The Department for Transport | Head of Enforcement in the Maritime and Coastguard Agency | Enforcement Officer in the Maritime and Coastguard Agency | Paragraphs (b) and (d) |
| F45 . . . | F46 . . . | F47 . . . | |
|
Section 28 authorisation [F48 Head of Intelligence or Head of Investigations in the Driver and Vehicle Standards AgencyF48] |
Section 28 authorisation Area Manager or Regional Intelligence Coordinator in the Driver and Vehicle Standards Agency F49... |
Paragraphs (b) and (d) | |
|
Section 29 authorisation [F50 Head of Intelligence or Head of Investigations in the Driver and Vehicle Standards AgencyF50] |
Section 29 authorisation Regional Intelligence Coordinator in the Driver and Vehicle Standards Agency F51... |
Paragraphs (b) and (d)F44] | |
| The Welsh Assembly Government | [F52 Director General Health and Social Service Group or Chief Executive NHS WalesF52] | Member of Department for Health and Social Services at a level equivalent to Grade 7 | Paragraphs (b), (d) and (e) |
| [F53 Director of Finance, Department of Health and Social ServicesF53] | Member of Department for Health and Social Services Finance at a level equivalent to Grade 7 | Paragraphs (b), (d) and (e) | |
| [F54 Deputy Director, Marine and Fisheries DivisionF54] | — | Paragraph (b) | |
| Head of Rural Payments Division | Member of Rural Payments Division at a level equivalent to Grade 7 | Paragraphs (b) and (e) | |
| [F55 Head of Department or equivalent grade in the Care Inspectorate WalesF55] | [F56 Senior Manager or equivalent grade in the Care Inspectorate WalesF56] | Paragraphs (b), (d) and (e) | |
| [F57 The Welsh Revenue Authority | Grade 7 or equivalent | — | Paragraphs (b) and (f)F57] |
| 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 | Director, Head of Service, Service Manager or equivalent | — | Paragraph (b) |
| A fire and rescue authority under the Fire and Rescue Services Act 2004 | Group Manager | — | Paragraphs (b) and (d) |
| The Charity Commission | Senior Investigations Manager | Investigations Manager | Paragraph (b) |
| The Environment Agency | Section 28 authorisation | Section 28 authorisation | Paragraphs (b), (d) and (e) |
| [F58 Area Management Team Member or equivalent (Grade 7), Senior Enforcement Technical Advisor or equivalent (Grade 6)F58] | [F59 Area Enforcement Team Leader or Enforcement Technical Adviser or equivalent (Grade 5)F59] | ||
| Section 29 authorisation | [F60 –F60] | Paragraphs (b), (d) and (e) | |
| F61[F62 ... Deputy Director National Enforcement Service or equivalent Deputy DirectorF62] | |||
| [F63 The Financial Conduct Authority | A Head of Department in the Enforcement and Financial Crime Division | A Manager in the Enforcement and Financial Crime Division | Paragraph (b) |
| The Prudential Regulation Authority | The Head of Regulatory Action | Paragraph (b)F63] | |
| The Food Standards Agency | [F64 Section 28 authorisation | Paragraphs (b) and (e) | |
| [F65 Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal DepartmentF65] | Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime UnitF64] | ||
| [F64 Section 29 authorisation | Paragraphs (b) and (e) | ||
| [F65 Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal DepartmentF65] | Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime UnitF64] | ||
| The Gambling Commission | [F66 Senior ManagerF66] | — | Paragraph (b) |
| The [F67Competition and Markets AuthorityF67] | Any member of the Senior Civil Service with responsibility for cartels or criminal enforcement | [F68 Grade 6F68] in the Cartels and Criminal Enforcement Group | Paragraphs (b) and (c) |
| [F69 The Independent Office for Police ConductF69] | [F70 Director or equivalent gradeF70] | [F71 Operations ManagerF71] | Paragraph (b) |
| The Office of the Police Ombudsman for Northern Ireland | Senior Investigating Officer | Deputy Senior Investigating Officer | Paragraph (b) |
| [F72 The Gangmasters Labour and Abuse AuthorityF72] | [F73 Senior Investigating Officer, Head of Compliance or equivalent grade (SEO/Grade 4A)F73] | — | Paragraph (b) |
| The Care Quality Commission | Head of Operations in a region | Area Manager | Paragraphs (b) and (e) |
| The Health and Safety Executive | [F74 Band 1 InspectorF74] | — | Paragraphs (b), (d) and (e) |
| The Office of Communications | Section 28 authorisation | Section 28 authorisation | Paragraph (b) |
| Principal responsible for spectrum investigation and enforcement | Senior Associate responsible for spectrum investigation and enforcement | ||
| Section 29 authorisation | — | Paragraph (b) | |
| Senior Management Group member responsible for spectrum investigation and enforcement | |||
| [F75 The Marine Management Organisation | Section 28 authorisation | Section 28 authorisation | Paragraphs (b), (c) and (e) |
| Grade 7 Marine Enforcement Officer | Principal Marine Officer (SEO equivalent) | ||
| Section 29 authorisation | – | Paragraphs (b), (c) and (e)F75] | |
| Grade 6 Marine Enforcement Officer | |||
[F76PART 1A Offices etc and Restrictions In Respect of Public Authorities Specified in Part 1 of Schedule 1 to the Act in Relation to Relevant Sources
|
[F77 (1) Relevant public authorities |
(2) Prescribed offices etc |
(3) Urgent Cases |
(4) Grounds set out in section 29(3) of the Act |
(5) Grounds set out in section 29B(5) of the Act |
|---|---|---|---|---|
| A police force maintained under section 2 of the Police Act 1996 |
Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable |
Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
| The City of London Police Force |
Relevant Source Authorisation Commander Long Term Authorisation Commissioner |
Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
| The Metropolitan Police Force |
Relevant Source Authorisation Commander Long Term Authorisation Assistant Commissioner |
Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
| The Police Service of Northern Ireland |
Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable |
Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
| The Police Service of Scotland |
Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable |
Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a) and (c) |
| The Ministry of Defence Police |
Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable |
Superintendent | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
| The Royal Navy Police |
Relevant Source Authorisation Commander Long Term Authorisation Provost Marshal (Navy) |
Lieutenant Commander | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
| [F78 The tri-service serious crime unit |
Relevant Source Authorisation: Squadron Leader, Major, or Lieutenant Commander Long Term Authorisation: Provost Marshal for serious crime |
Squadron Leader, Major, or Lieutenant Commander | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c)F78] |
| The Royal Military Police |
Relevant Source Authorisation Colonel Long Term Authorisation Provost Marshal (Army) |
Major | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
| The Royal Air Force Police |
Relevant Source Authorisation Wing Commander Long Term Authorisation Provost Marshal (Royal Air Force) |
Squadron Leader | Paragraphs (a), (b) and (c) | Paragraphs (a), (b) and (c) |
| The British Transport Police |
Relevant Source Authorisation Assistant Chief Constable Long Term Authorisation Chief Constable |
Superintendent | Paragraphs (a), (b), (c), (d) and (e) | Paragraphs (a), (b) and (c) |
| The National Crime Agency |
Relevant Source Authorisation Deputy Director Long Term Authorisation Deputy Director General |
Grade 2 Senior Manager | Paragraph (b) | Paragraph (b) |
| Her Majesty’s Revenue and Customs |
Relevant Source Authorisation Assistant Director Long Term Authorisation Director Criminal Investigation |
Senior Officer | Paragraphs (a), (b), (d), (e) and (f) | Paragraphs (a) and (b) |
| The Home Office |
Relevant Source Authorisation Senior Civil Service pay band 1 with responsibility for criminal investigations in relation to immigration and border security Long Term Authorisation Director General with responsibility for criminal investigations in relation to immigration and border security |
Grade 6 with responsibility for criminal investigations in relation to immigration and border security | Paragraphs (b), (c) and (d) | Paragraphs (b) and (c)F77,F76]] |
[F79PART 1B
Offices etc and Restrictions in Respect of Public Authorities Specified in Part A1 of Schedule 1 to the Act
|
(1) Relevant public authorities |
(2) Prescribed Offices etc |
(3) Urgent cases |
(4) Grounds set out in section 29B(5) |
|---|---|---|---|
| A police force maintained under section 2 of the Police Act 1996 | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
| The Metropolitan police force | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
| The City of London police force | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
| The Police Service of Scotland | Superintendent | Inspector | Paragraphs (a) and (c) |
| The Police Service of Northern Ireland | Superintendent | Superintendent | Paragraphs (a), (b) and (c) |
| The Ministry of Defence Police | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
| The Royal Navy Police | Commander | Lieutenant Commander | Paragraphs (a), (b) and (c) |
| The Royal Military Police | Lieutenant Colonel | Major | Paragraphs (a), (b) and (c) |
| The Royal Air Force Police | Wing Commander | Squadron Leader | Paragraphs (a), (b) and (c) |
| The British Transport Police | Superintendent | Inspector | Paragraphs (a), (b) and (c) |
| The National Crime Agency | Senior Manager (Grade 2) | Principal Officer (Grade 3) | Paragraph (b) |
| The Security Service | General Duties 3 or any other Officer at Level 3 | – | Paragraphs (a), (b) and (c) |
| The Secret Intelligence Service | Grade 6 or equivalent | – | Paragraphs (a), (b) and (c) |
| The Government Communications Headquarters | GC8 | – | Paragraphs (a), (b) and (c) |
| The Royal Navy | Commander | Lieutenant Commander | Paragraphs (a), (b) and (c) |
| The Army | Lieutenant Colonel | Major | Paragraphs (a), (b) and (c) |
| The Royal Air Force | Wing Commander | Squadron Leader | Paragraphs (a), (b) and (c) |
| Her Majesty’s Revenue and Customs | Senior Officer | Higher Officer | Paragraphs (a) and (b) |
| The Department of Health and Social Care | Grade 6 in the Medicines and Healthcare Products Regulatory Authority | Grade 7 in the Medicines and Healthcare Products Regulatory Authority | Paragraph (b) |
| The Home Office | Immigration Inspector or Senior Officer with responsibility for immigration and border security investigations and functions | Chief Immigration Officer or Higher Officer with responsibility for immigration and border security investigations and functions | Paragraphs (b) and (c) |
| The Ministry of Justice | A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service | A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service |
Paragraph (b) |
| The Competition and Markets Authority | Any member of the Senior Civil Service with responsibility for cartels or criminal enforcement | Grade 6 in the Cartels and Criminal Enforcement Group | Paragraphs (b) and (c) |
| The Environment Agency | Deputy Director National Enforcement Service or equivalent Deputy Director | – | Paragraph (b) |
| The Financial Conduct Authority | A Head of Department in the Enforcement and Financial Crime Division | A Manager in the Enforcement and Financial Crime Division | Paragraph (b) |
| The Food Standards Agency | Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department | Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit | Paragraph (b) |
| The Gambling Commission | Senior Manager | – | Paragraph (b) |
| The Serious Fraud Office | Grade 6 | – | Paragraph (b)F79] |
PART 2 OFFICES, ETC. AND RESTRICTIONS IN RESPECT OF RELEVANT PUBLIC AUTHORITIES SPECIFIED IN PART 2 OF SCHEDULE 1 TO THE ACT I12
|
(1) Relevant public authorities |
(2) Prescribed offices etc. |
(3) Urgent cases |
(4) Grounds set out in paragraphs of section 28(3) of the Act |
|---|---|---|---|
| A Special Health Authority established under section 28 of the National Health Service Act 2006(18) or section 22 of the National Health Service (Wales) Act 2006(19) | Senior Manager (not below the grade of Agenda for Change pay band 8b) [F80in the exercise of the Secretary of State’s counter fraud functions, within the meaning of section 195 of the National Health Service Act 2006F80] | — | Paragraph (b) |
| Her Majesty’s Chief Inspector of Education, Children’s Services and Skills | [F81 Deputy Director or Principal OfficerF81] | — | Paragraph (b) |
| The Information Commissioner | Head of Enforcement | Senior Investigating Officer | Paragraph (b) |
| [F82 General Pharmaceutical CouncilF82] | F83 Director ... | — | Paragraphs (b), (d) and (e) |
| F84 ... | F85 ... | F86 ... | F87 ... |
| F88 ... | F88 ... | F88 ... | F88 ... |
| The Department for Work and Pensions | Senior Executive Officer or equivalent grade in Jobcentre Plus | Higher Executive Officer or equivalent grade in Jobcentre Plus | Paragraph (b) |
| [F89 Senior Executive Officer or equivalent grade carrying out functions in relation to child supportF89] | [F90 Higher Executive Office or equivalent grade carrying out functions in relation to child supportF90] | [F91 Paragraph (b)F91] | |
| Senior Executive Officer or equivalent grade in Department for Work and Pensions Risk Assurance Division | — | Paragraph (b) | |
| F92 . . . | F92 . . . | F92 . . . | F92 . . . |
| A universal service provider (within the meaning of [F93Part 3 of the Postal Services Act 2011F93] ) acting in connection with the provision of a universal postal service (within the meaning of that Act) | Senior Investigation Manager in Royal Mail Group Ltd | — | Paragraph (b) |
| [F94 The Natural Resources Body for Wales | [F95 Head of OperationsF95] | [F96 Operations Manager or Enforcement ManagerF96] | Paragraphs (b), (d) and (e)F94] |
1847 c.27 (10 & 11 Vict.).
Inserted by S.I 2005/1084.
Inserted by S.I 2002/1397.
Inserted by S.I. 2003/3171.
Amended by S.I. 2001/1149.
Inserted by S.I. 2003/3171.
Inserted by S.I. 2006/1874.
A police force within paragraph 1 of Schedule 1 to the Act, as defined by section 81(1) of the Act and amended by section 78(2)(f) of the Police (Northern Ireland) Act 2000 (c.32).
S.I. 1975/1224.