ch2300c15a
01-08-00 21:43:40
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
87
Part V
“(d) ‘senior official’ has the same meaning as in the Regulation
of Investigatory Powers Act 2000;”.
75.—(1) Section 93 of the Police Act 1997 (authorisations to interfere Authorisations
under Part III of
with property etc.) shall be amended as follows.
the Police Act
(2) In subsection (1) (the action that the authorising officer may 1997.
authorise), for “or” at the end of paragraph (a) there shall be 1997 c. 50.
substituted—
“(ab) the taking of such action falling within subsection (1A),
in respect of property outside the relevant area, as he may
specify, or”.
(3) After that subsection there shall be inserted—
“(1A) The action falling within this subsection is action for
maintaining or retrieving any equipment, apparatus or device the
placing or use of which in the relevant area has been authorised
under this Part or Part II of the Regulation of Investigatory Powers
Act 2000 or under any enactment contained in or made under an Act
of the Scottish Parliament which makes provision equivalent to that
made by Part II of that Act of 2000.
(1B) Subsection (1) applies where the authorising officer is a
customs officer with the omission of—
(a) the words ‘in the relevant area’, in each place where they
occur; and
(b) paragraph (ab).”
(4) In subsection (2) (the grounds on which action may be
authorised)—
(a) in paragraph (a), for the words from “on the ground” to
“detection of” there shall be substituted “for the purpose of
preventing or detecting”; and
(b) for paragraph (b) there shall be substituted—
“(b) that the taking of the action is proportionate to what the
action seeks to achieve.”
(5) After subsection (2) there shall be inserted—
“(2A) Subsection (2) applies where the authorising officer is the
Chief Constable or the Deputy Chief Constable of the Royal Ulster
Constabulary as if the reference in subsection (2)(a) to preventing or
detecting serious crime included a reference to the interests of
national security.
(2B) 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 what it is thought necessary to
achieve by the authorised action could reasonably be achieved by
other means.”
(6) In subsection (5) (the meaning of authorising officer)—
(a) after paragraph (e) there shall be inserted—
“(ea) the Chief Constable of the Ministry of Defence Police;
(eb) the Provost Marshal of the Royal Navy Regulating
Branch;