ch2300s04a
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c. 23
104
Sch. 4
1994 c. 13.
ACT
Unit: pag2
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
The Intelligence Services Act 1994 (c. 13)
6. In section 11 of the Intelligence Services Act 1994 (interpretation), after
subsection (1) there shall be inserted—
“(1A) Section 81(5) of the Regulation of Investigatory Powers Act 2000
(meaning of ‘prevention’ and ‘detection’), so far as it relates to serious
crime, shall apply for the purposes of this Act as it applies for the purposes
of Chapter I of Part I of that Act.”
The Criminal Procedure and Investigations Act 1996 (c. 25)
1996 c. 25.
7.—(1) In each of sections 3(7), 7(6), 8(6) and 9(9) of the Criminal Procedure
and Investigations Act 1996 (exceptions for interceptions from obligations to
make disclosures to the defence), for paragraphs (a) and (b) there shall be
substituted “it is material the disclosure of which is prohibited by section 17 of
the Regulation of Investigatory Powers Act 2000.”
(2) In section 23(6) of that Act (code of practice not to apply to material
intercepted under the Interception of Communications Act 1985), after “1985”
there shall be inserted “or under the authority of an interception warrant under
section 5 of the Regulation of Investigatory Powers Act 2000”.
The Police Act 1997 (c. 50)
1997 c. 50.
8.—(1) In section 91(9) of the Police Act 1997 (staff for Surveillance
Commissioners)—
(a) after “Chief Commissioner” there shall be inserted “and subject to the
approval of the Treasury as to numbers”; and
(b) after “Commissioners” there shall be inserted “and any Assistant
Surveillance Commissioners holding office under section 63 of the
Regulation of Investigatory Powers Act 2000”.
(2) In section 93(3) of that Act (persons who may make an application to an
authorising officer within section 93(5))—
(a) in paragraph (a), for “(e)” there shall be substituted “(ea) or (ee)”; and
(b) after that paragraph there shall be inserted—
“(aa) if the authorising officer is within subsection (5)(eb) to (ed), by
a member, as the case may be, of the Royal Navy Regulating
Branch, the Royal Military Police or the Royal Air Force
Police;”.
(3) In section 94(1) of that Act (circumstances in which authorisations may be
given in absence of authorising officer), in paragraph (b), for “, (f), (g) or (h)”
there shall be substituted “or (f)”, and after that paragraph there shall be
inserted “or
(c) if the authorising officer is within paragraph (g) of section 93(5), it
is also not reasonably practicable for the application to be
considered either—
(i) by any other person designated for the purposes of that
paragraph; or
(ii) by the designated deputy of the Director General of the
National Crime Squad.”
(4) In section 94(2) of that Act (persons who may act in absence of the
authorising officer)—
(a) after paragraph (d), there shall be inserted—
“(da) where the authorising officer is within paragraph (ea) of that
subsection, by a person holding the rank of deputy or assistant
chief constable in the Ministry of Defence Police;