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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
37
Part II
(5) A statutory rule containing an order under section 30 which makes
provision by virtue of subsection (5) of that section for—
(a) adding any public authority to Part I or II of Schedule 1, or
(b) moving any public authority from Part II to Part I of that
Schedule,
shall be subject to affirmative resolution (within the meaning of section
1954 c. 33 (N.I.).
41(4) of the Interpretation Act (Northern Ireland) 1954).
(6) A statutory rule containing an order under section 30 (other than
one to which subsection (5) of this section applies) shall be subject to
negative resolution (within the meaning of section 41(6) of the
Interpretation Act (Northern Ireland) 1954).
(7) An order under section 30 made by the Office of the First Minister
and deputy First Minister may—
(a) make different provision for different cases;
(b) contain such incidental, supplemental, consequential and
transitional provision as that Office thinks fit.
(8) The reference in subsection (2) to an addition to Schedule 1 being
within the powers of the Office of the First Minister and deputy First
Minister includes a reference to its being within the powers exercisable by
that Office with the consent for the purposes of subsection (3)(b) of the
Secretary of State.
(9) In this section “excepted matter” and “reserved matter” have the
same meanings as in the Northern Ireland Act 1998; and, in relation to 1998 c. 47.
those matters, section 98(2) of that Act (meaning of “deals with”) applies
for the purposes of this section as it applies for the purposes of that Act.
32.—(1) Subject to the following provisions of this Part, the Secretary Authorisation of
of State and each of the senior authorising officers shall have power to intrusive
surveillance.
grant authorisations for the carrying out of intrusive surveillance.
(2) Neither the Secretary of State nor any senior authorising officer
shall grant an authorisation for the carrying out of intrusive surveillance
unless he believes—
(a) that the authorisation is necessary on grounds falling within
subsection (3); and
(b) that the authorised surveillance is proportionate to what is
sought to be achieved by carrying it out.
(3) Subject to the following provisions of this section, an authorisation
is necessary on grounds falling within this subsection if it is necessary—
(a) in the interests of national security;
(b) for the purpose of preventing or detecting serious crime; or
(c) in the interests of the economic well-being of the United
Kingdom.
(4) The matters to be taken into account in considering whether the
requirements of subsection (2) are satisfied in the case of any
authorisation shall include whether the information which it is thought
necessary to obtain by the authorised conduct could reasonably be
obtained by other means.