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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
53
Part II
(b) is granted or renewed by or on the application of a person
holding any office, rank or position with any of the public
authorities specified in subsection (3);
(c) authorises conduct of a person holding an office, rank or position
with any of the public authorities so specified;
(d) authorises conduct of an individual acting as a covert human
intelligence source for the benefit of any of the public authorities
so specified; or
(e) authorises conduct that is surveillance by virtue of section 48(4).
(3) The public authorities mentioned in subsection (2) are—
(a) each of the intelligence services;
(b) Her Majesty’s forces;
(c) the Ministry of Defence;
(d) the Ministry of Defence Police;
(e) the Commissioners of Customs and Excise; and
(f) the British Transport Police.
(4) For the purposes of so much of this Part as has effect in relation to
any other public authority by virtue of—
(a) the fact that it is a public authority for the time being specified
in Schedule 1, or
(b) an order under subsection (1)(d) of section 41 designating that
authority for the purposes of that section,
the authorities specified in subsection (3) of this section shall be treated as
including that authority to the extent that the Secretary of State by order
directs that the authority is a relevant public authority or, as the case may
be, is a designated authority for all parts of the United Kingdom.
Supplemental provision for Part II
47.—(1) The Secretary of State may by order do one or both of the
following—
(a) apply this Part, with such modifications as he thinks fit, to any
such surveillance that is neither directed nor intrusive as may be
described in the order;
(b) provide for any description of directed surveillance to be treated
for the purposes of this Part as intrusive surveillance.
Power to extend
or modify
authorisation
provisions.
(2) No order shall be made under this section unless a draft of it has
been laid before Parliament and approved by a resolution of each House.
Interpretation of
48.—(1) In this Part—
Part II.
“covert human intelligence source” shall be construed in accordance
with section 26(8);
“directed” and “intrusive”, in relation to surveillance, shall be
construed in accordance with section 26(2) to (6);
“private vehicle” means (subject to subsection (7)(a)) any vehicle
which is used primarily for the private purposes of the person
who owns it or of a person otherwise having the right to use it;