ch2300c09a
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c. 23
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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
(8) The Secretary of State may by order provide in relation to
authorisations of such descriptions as may be specified in the order that
subsection (3) is to have effect as if the period at the end of which an
authorisation of a description so specified is to cease to have effect were
such period shorter than that provided for by that subsection as may be
fixed by or determined in accordance with that order.
(9) References in this section to the time at which, or the day on which,
the grant or renewal of an authorisation takes effect are references—
(a) in the case of the grant of an authorisation to which paragraph
(c) does not apply, to the time at which or, as the case may be,
day on which the authorisation is granted;
(b) in the case of the renewal of an authorisation to which paragraph
(c) does not apply, to the time at which or, as the case may be,
day on which the authorisation would have ceased to have effect
but for the renewal; and
(c) in the case of any grant or renewal that takes effect under
subsection (2) of section 36 at a time or on a day later than that
given by paragraph (a) or (b), to the time at which or, as the case
may be, day on which the grant or renewal takes effect in
accordance with that subsection.
(10) In relation to any authorisation granted by a member of any of
the intelligence services, and in relation to any authorisation contained in
a warrant issued by the Secretary of State on the application of a member
of any of the intelligence services, this section has effect subject to the
provisions of section 44.
Special rules for
intelligence
services
authorisations.
44.—(1) Subject to subsection (2), a warrant containing an
authorisation for the carrying out of intrusive surveillance—
(a) shall not be issued on the application of a member of any of the
intelligence services, and
(b) if so issued shall not be renewed,
except under the hand of the Secretary of State.
(2) In an urgent case in which—
(a) an application for a warrant containing an authorisation for the
carrying out of intrusive surveillance has been made by a
member of any of the intelligence services, and
(b) the Secretary of State has himself expressly authorised the issue
of the warrant in that case,
the warrant may be issued (but not renewed) under the hand of a senior
official.
(3) Subject to subsection (6), a warrant containing an authorisation for
the carrying out of intrusive surveillance which—
(a) was issued, on the application of a member of any of the
intelligence services, under the hand of a senior official, and
(b) has not been renewed under the hand of the Secretary of State,
shall cease to have effect at the end of the second working day following
the day of the issue of the warrant, instead of at the time provided for by
section 43(3).