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ACT
Unit: pag2
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Sch. 2
(3) In the case of protected information that has come into the police’s
possession by means of the exercise of powers conferred by—
2000 c. 11.
(a) section 44 of the Terrorism Act 2000 (power to stop and search), or
1989 c. 4.
(b) section 13A or 13B of the Prevention of Terrorism (Temporary
Provisions) Act 1989 (which had effect for similar purposes before the
coming into force of section 44 of the Terrorism Act 2000),
the permission required by sub-paragraph (2) shall not be granted by any person
below the rank mentioned in section 44(4) of that Act of 2000 or, as the case may
be, section 13A(1) of that Act of 1989.
(4) A person commissioned by the Commissioners of Customs and Excise
does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in
relation to any protected information unless permission to give a section 49
notice in relation to that information has been granted—
(a) by those Commissioners themselves; or
(b) by an officer of their department of or above such level as they may
designate for the purposes of this sub-paragraph.
(5) A member of Her Majesty’s forces 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 lieutenant colonel or its equivalent; or
(b) permission to give a section 49 notice in relation to that information has
been granted by a person holding the rank of lieutenant colonel or its
equivalent, or by a person holding a rank higher than lieutenant colonel
or its equivalent.
Duration of permission
7.—(1) A permission granted by any person under any provision of this
Schedule shall not entitle any person to give a section 49 notice at any time after
the permission has ceased to have effect.
(2) Such a permission, once granted, shall continue to have effect
(notwithstanding the cancellation, expiry or other discharge of any warrant or
authorisation in which it is contained or to which it relates) until such time (if
any) as it—
(a) expires in accordance with any limitation on its duration that was
contained in its terms; or
(b) is withdrawn by the person who granted it or by a person holding any
office or other position that would have entitled him to grant it.
Formalities for permissions granted by the Secretary of State
8. A permission for the purposes of any provision of this Schedule shall not be
granted by the Secretary of State except—
(a) under his hand; or
(b) in an urgent case in which the Secretary of State has expressly
authorised the grant of the permission, under the hand of a senior
official.