ch2300c13a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
75
Part IV
(f) the Commissioners of Customs and Excise;
and section 48(5) applies for the purposes of this subsection as it applies
for the purposes of Part II.
(7) For the purposes of this section conduct takes place in
challengeable circumstances if—
(a) it takes place with the authority, or purported authority, of
anything falling within subsection (8); or
(b) the circumstances are such that (whether or not there is such
authority) it would not have been appropriate for the conduct
to take place without it, or at least without proper consideration
having been given to whether such authority should be sought;
but conduct does not take place in challengeable circumstances to the
extent that it is authorised by, or takes place with the permission of, a
judicial authority.
(8) The following fall within this subsection—
(a) an interception warrant or a warrant under the Interception of 1985 c. 56.
Communications Act 1985;
(b) an authorisation or notice under Chapter II of Part I of this Act;
(c) an authorisation under Part II of this Act or under any
enactment contained in or made under an Act of the Scottish
Parliament which makes provision equivalent to that made by
that Part;
(d) a permission for the purposes of Schedule 2 to this Act;
(e) a notice under section 49 of this Act; or
1997 c. 50.
(f) an authorisation under section 93 of the Police Act 1997.
(9) Schedule 3 (which makes further provision in relation to the
Tribunal) shall have effect.
(10) In this section—
(a) references to a key and to protected information shall be
construed in accordance with section 56;
(b) references to the disclosure or use of a key to protected
information taking place in relation to a person are references
to such a disclosure or use taking place in a case in which that
person has had possession of the key or of the protected
information; and
(c) references to the disclosure of a key to protected information
include references to the making of any disclosure in an
intelligible form (within the meaning of section 56) of protected
information by a person who is or has been in possession of the
key to that information;
and the reference in paragraph (b) to a person’s having possession of a
key or of protected information shall be construed in accordance with
section 56.
(11) In this section “judicial authority” means—
(a) any judge of the High Court or of the Crown Court or any
Circuit Judge;
(b) any judge of the High Court of Justiciary or any sheriff;
(c) any justice of the peace;