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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
1957 c. 53.
1955 c. 18.
1955 c. 19.
Grant of
authorisations in
the senior officer’s
absence.
(a) in relation to the Royal Navy Regulating Branch, if he is subject
to the Naval Discipline Act 1957 or is a civilian to whom Parts
I and II of that Act for the time being apply by virtue of section
118 of that Act ;
(b) in relation to the Royal Military Police, if he is subject to military
law or is a civilian to whom Part II of the Army Act 1955 for the
time being applies by virtue of section 209 of that Act; and
(c) in relation to the Royal Air Force Police, if he is subject to airforce law or is a civilian to whom Part II of the Air Force Act
1955 for the time being applies by virtue of section 209 of that
Act.
34.—(1) This section applies in the case of an application for an
authorisation for the carrying out of intrusive surveillance where—
(a) the application is one made by a member of a police force, of the
National Criminal Intelligence Service or of the National Crime
Squad or by a customs officer; and
(b) the case is urgent.
(2) If —
(a) it is not reasonably practicable, having regard to the urgency of
the case, for the application to be considered by any person who
is a senior authorising officer by reference to the force, Service
or Squad in question or, as the case may be, by virtue of a
designation by the Commissioners of Customs and Excise, and
(b) it also not reasonably practicable, having regard to the urgency
of the case, for the application to be considered by a person (if
there is one) who is entitled, as a designated deputy of a senior
authorising officer, to exercise the functions in relation to that
application of such an officer,
the application may be made to and considered by any person who is
entitled under subsection (4) to act for any senior authorising officer who
would have been entitled to consider the application.
(3) A person who considers an application under subsection (1) shall
have the same power to grant an authorisation as the person for whom
he is entitled to act.
1996 c. 16.
1967 c. 77.
(4) For the purposes of this section—
(a) a person is entitled to act for the chief constable of a police force
maintained under section 2 of the Police Act 1996 if he holds the
rank of assistant chief constable in that force;
(b) a person is entitled to act for the Commissioner of Police of the
Metropolis, or for an Assistant Commissioner of Police of the
Metropolis, if he holds the rank of commander in the
metropolitan police force;
(c) a person is entitled to act for the Commissioner of Police for the
City of London if he holds the rank of commander in the City
of London police force;
(d) a person is entitled to act for the chief constable of a police force
maintained under or by virtue of section 1 of the Police
(Scotland) Act 1967 if he holds the rank of assistant chief
constable in that force;