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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
(a) on the authorisations for the carrying out of intrusive
surveillance that may be granted on the application of an
individual holding an office, rank or position with any public
authority designated for the purposes of this section; and
(b) on the circumstances in which, or the purposes for which, such
authorisations may be granted on such an application.
(6) The Secretary of State shall not make a designation under
subsection (3) unless a draft of the order containing the designation has
been laid before Parliament and approved by a resolution of each House.
(7) References in this section to a member of Her Majesty’s forces do
not include references to any member of Her Majesty’s forces who is a
member of a police force by virtue of his service with the Royal Navy
Regulating Branch, the Royal Military Police or the Royal Air Force
Police.
Intelligence
services
authorisations.
1994 c. 13.
42.—(1) The grant by the Secretary of State on the application of a
member of one of the intelligence services of any authorisation under this
Part must be made by the issue of a warrant.
(2) A single warrant issued by the Secretary of State may combine
both—
(a) an authorisation under this Part; and
(b) an intelligence services warrant;
but the provisions of this Act or the Intelligence Services Act 1994 that
are applicable in the case of the authorisation under this Part or the
intelligence services warrant shall apply separately in relation to the part
of the combined warrant to which they are applicable.
(3) Intrusive surveillance in relation to any premises or vehicle in the
British Islands shall be capable of being authorised by a warrant issued
under this Part on the application of a member of the Secret Intelligence
Service or GCHQ only if the authorisation contained in the warrant is one
satisfying the requirements of section 32(2)(a) otherwise than in
connection with any functions of that intelligence service in support of the
prevention or detection of serious crime.
(4) Subject to subsection (5), the functions of the Security Service shall
include acting on behalf of the Secret Intelligence Service or GCHQ in
relation to—
(a) the application for and grant of any authorisation under this
Part in connection with any matter within the functions of the
Secret Intelligence Service or GCHQ; and
(b) the carrying out, in connection with any such matter, of any
conduct authorised by such an authorisation.
(5) Nothing in subsection (4) shall authorise the doing of anything by
one intelligence service on behalf of another unless—
(a) it is something which either the other service or a member of the
other service has power to do; and
(b) it is done otherwise than in connection with functions of the
other service in support of the prevention or detection of
serious crime.
(6) In this section “intelligence services warrant” means a warrant
under section 5 of the Intelligence Services Act 1994.