ch2300s02a
01-08-00 21:45:46
ACT Unit: pag2
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
99
Sch. 2
(c) the information is in the possession of, or is likely to come into the
possession of, the police, the customs and excise or a member of Her
Majesty’s forces,
the police, the customs and excise or, as the case may be, members of Her
Majesty’s forces have the appropriate permission in relation to the protected
information, without any grant of permission under paragraph 1.
(3) In any other case a person shall not have the appropriate permission by
virtue of a grant of permission under paragraph 1 unless he is a person falling
within sub-paragraph (4).
(4) A person falls within this sub-paragraph if, as the case may be—
(a) he is the person who exercised the statutory power or is of the
description of persons who would have been entitled to exercise it;
(b) he is the person to whom the protected information was provided or
disclosed, or is of a description of person the provision or disclosure of
the information to whom would have discharged the statutory duty; or
(c) he is a person who is likely to be a person falling within paragraph (a)
or (b) when the power is exercised or the protected information
provided or disclosed.
Data obtained without the exercise of statutory powers
5.—(1) This paragraph applies in the case of protected information falling
within section 49(1)(e).
(2) Subject to paragraph 6, a person has the appropriate permission in
relation to that protected information (without any grant of permission under
paragraph 1) if—
(a) the information is in the possession of any of the intelligence services, or
is likely to come into the possession of any of those services; and
(b) 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) the police or the customs and excise,
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.
General requirements relating to the appropriate permission
6.—(1) A person does not have the appropriate permission in relation to any
protected information unless he is either—
(a) a person who has the protected information in his possession or is likely
to obtain possession of it; or
(b) a person who is authorised (apart from this Act) to act on behalf of such
a person.
(2) Subject to sub-paragraph (3), a constable does not by virtue of paragraph
1, 4 or 5 have the appropriate permission in relation to any protected
information unless—
(a) he is of or above the rank of superintendent; or
(b) permission to give a section 49 notice in relation to that information has
been granted by a person holding the rank of superintendent, or any
higher rank.