ch2300s04a
01-08-00 21:45:47
ACT Unit: pag2
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
105
Sch. 4
(db) where the authorising officer is within paragraph (eb) of that
subsection, by a person holding the position of assistant Provost
Marshal in the Royal Navy Regulating Branch;
(dc) where the authorising officer is within paragraph (ec) or (ed) of
that subsection, by a person holding the position of deputy
Provost Marshal in the Royal Military Police or, as the case may
be, in the Royal Air Force Police;
(dd) where the authorising officer is within paragraph (ee) of that
subsection, by a person holding the rank of deputy or assistant
chief constable in the British Transport Police;”;
(b) in paragraph (e), the words “or (g)” and “or, as the case may be, of the
National Crime Squad” shall be omitted; and
(c) after that paragraph, there shall be inserted—
“(ea) where the authorising officer is within paragraph (g) of that
subsection, by a person designated for the purposes of this
paragraph by the Director General of the National Crime Squad
as a person entitled to act in an urgent case;”.
(5) In section 94(3) of that Act (rank of police members of the National Crime
Intelligence Squad and National Crime Squad entitled to act), after “(2)(e)” there
shall be inserted “or (2)(ea)”.
(6) In section 95 of that Act (authorisations: form and duration etc.)—
(a) in each of subsections (4) and (5), for the words from “the action”
onwards there shall be substituted “the authorisation is one in relation
to which the requirements of paragraphs (a) and (b) of section 93(2) are
no longer satisfied.”; and
(b) in subsection (6), for “or (e)” there shall be substituted “, (e) or (g)”.
(7) In section 97 of that Act (authorisations requiring approval), in subsection
(6), the words from “(and paragraph 7” onwards shall be omitted, and after that
subsection there shall be inserted—
“(6A) The reference in subsection (6) to the authorising officer who gave
the authorisation or in whose absence it was given shall be construed, in the
case of an authorisation given by or in the absence of a person within
paragraph (b), (e) or (g) of section 93(5), as a reference to the
Commissioner of Police, Chief Constable or, as the case may be, Director
General mentioned in the paragraph concerned.”
(8) In section 103(7) of that Act (quashing authorisations), for the words from
“and paragraph 7” onwards there shall be substituted “and subsection (6A) of
section 97 shall apply for the purposes of this subsection as it applies for the
purposes of subsection (6) of that section.”
(9) In section 105 of that Act (appeals by authorising officers: supplementary),
in subsection (1)(a), the word “and” shall be inserted at the end of sub-paragraph
(i), and sub-paragraph (iii) and the word “and” immediately preceding it shall
be omitted.
(10) In section 107 of that Act—
(a) in subsection (2) (report of Chief Surveillance Commissioner on the
discharge of his functions under Part III of that Act)—
(i) for “the discharge of functions under this Part” there shall be
substituted “the matters with which he is concerned”; and
(ii) for “any matter relating to those functions” there shall be
substituted “anything relating to any of those matters”;
(b) in subsection (4) (matters that may be excluded from a report), for “the
prevention or detection of serious crime or otherwise” there shall be
substituted “any of the purposes for which authorisations may be given
or granted under this Part of this Act or Part II of the Regulation of