ch2300s02a
01-08-00 21:45:46
ACT Unit: pag2
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
Data obtained under warrant etc.
97
Sch. 2
2.—(1) This paragraph applies in the case of protected information falling
within section 49(1)(a), (b) or (c) where the statutory power in question is one
exercised, or to be exercised, in accordance with—
(a) a warrant issued by the Secretary of State or a person holding judicial
office; or
(b) an authorisation under Part III of the Police Act 1997 (authorisation of 1997 c. 50.
otherwise unlawful action in respect of property).
(2) Subject to sub-paragraphs (3) to (5) and paragraph 6(1), a person has the
appropriate permission in relation to that protected information (without any
grant of permission under paragraph 1) if—
(a) the warrant or, as the case may be, the authorisation contained the
relevant authority’s permission for the giving of section 49 notices in
relation to protected information to be obtained under the warrant or
authorisation; or
(b) since the issue of the warrant or authorisation, written permission has
been granted by the relevant authority for the giving of such notices in
relation to protected information obtained under the warrant or
authorisation.
(3) Only persons holding office under the Crown, the police and customs and
excise shall be capable of having the appropriate permission in relation to
protected information obtained, or to be obtained, under a warrant issued by the
Secretary of State.
(4) Only a person who—
(a) was entitled to exercise the power conferred by the warrant, or
(b) is of the description of persons on whom the power conferred by the
warrant was, or could have been, conferred,
shall be capable of having the appropriate permission in relation to protected
information obtained, or to be obtained, under a warrant issued by a person
holding judicial office.
(5) Only the police and the customs and excise shall be capable of having the
appropriate permission in relation to protected information obtained, or to be
obtained, under an authorisation under Part III of the Police Act 1997.
(6) In this paragraph “the relevant authority”—
(a) in relation to a warrant issued by the Secretary of State, means the
Secretary of State;
(b) in relation to a warrant issued by a person holding judicial office, means
any person holding any judicial office that would have entitled him to
issue the warrant; and
(c) in relation to protected information obtained under an authorisation
under Part III of the Police Act 1997, means (subject to sub-paragraph
(7)) an authorising officer within the meaning of section 93 of that Act.
(7) Section 94 of the Police Act 1997 (power of other persons to grant
authorisations in urgent cases) shall apply in relation to—
(a) an application for permission for the giving of section 49 notices in
relation to protected information obtained, or to be obtained, under an
authorisation under Part III of that Act, and
(b) the powers of any authorising officer (within the meaning of section 93
of that Act) to grant such a permission,
as it applies in relation to an application for an authorisation under section 93 of
that Act and the powers of such an officer under that section.