ch2300s02a
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c. 23
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ACT
Unit: pag2
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Sch. 2
(8) References in this paragraph to a person holding judicial office are
references to—
(a) any judge of the Crown Court or of the High Court of Justiciary;
(b) any sheriff;
(c) any justice of the peace;
(d) any resident magistrate in Northern Ireland; or
(e) any person holding any such judicial office as entitles him to exercise the
jurisdiction of a judge of the Crown Court or of a justice of the peace.
(9) Protected information that comes into a person’s possession by means of
the exercise of any statutory power which—
(a) is exercisable without a warrant, but
(b) is so exercisable in the course of, or in connection with, the exercise of
another statutory power for which a warrant is required,
shall not be taken, by reason only of the warrant required for the exercise of the
power mentioned in paragraph (b), to be information in the case of which this
paragraph applies.
Data obtained by the intelligence services under statute but without a warrant
3.—(1) This paragraph applies in the case of protected information falling
within section 49(1)(a), (b) or (c) which—
(a) has come into the possession of any of the intelligence services or is
likely to do so; and
(b) is not information in the case of which paragraph 2 applies.
(2) Subject to paragraph 6(1), a person has the appropriate permission in
relation to that protected information (without any grant of permission under
paragraph 1) if written permission for the giving of section 49 notices in relation
to that information has been granted by the Secretary of State.
(3) Sub-paragraph (2) applies where the protected information is in the
possession, or (as the case may be) is likely to come into the possession, of both—
(a) one or more of the intelligence services, and
(b) a public authority which is not one of the intelligence services,
as if a grant of permission under paragraph 1 were unnecessary only where the
application to the Secretary of State for permission under that sub-paragraph is
made by or on behalf of a member of one of the intelligence services.
Data obtained under statute by other persons but without a warrant
4.—(1) This paragraph applies—
(a) in the case of protected information falling within section 49(1)(a), (b)
or (c) which is not information in the case of which paragraph 2 or 3
applies; and
(b) in the case of protected information falling within section 49(1)(d)
which is not information also falling within section 49(1)(a), (b) or (c)
in the case of which paragraph 3 applies.
(2) Subject to paragraph 6, where—
(a) the statutory power was exercised, or is likely to be exercised, by the
police, the customs and excise or a member of Her Majesty’s forces, or
(b) the information was provided or disclosed, or is likely to be provided
or disclosed, to the police, the customs and excise or a member of Her
Majesty’s forces, or