ch2300c17a
01-08-00 21:43:41
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
93
Part V
(4) In this Act “criminal proceedings” includes—
(a) proceedings in the United Kingdom or elsewhere before—
(i) a court-martial constituted under the Army Act 1955, 1955 c. 18.
the Air Force Act 1955 or the Naval Discipline Act 1957; or 1955 c. 19.
(ii) a disciplinary court constituted under section 50 of the 1957 c. 53.
Act of 1957;
(b) proceedings before the Courts-Martial Appeal Court; and
(c) proceedings before a Standing Civilian Court;
and references in this Act to criminal prosecutions shall be construed
accordingly.
(5) For the purposes of this Act detecting crime shall be taken to
include—
(a) establishing by whom, for what purpose, by what means and
generally in what circumstances any crime was committed; and
(b) the apprehension of the person by whom any crime was
committed;
and any reference in this Act to preventing or detecting serious crime shall
be construed accordingly, except that, in Chapter I of Part I, it shall not
include a reference to gathering evidence for use in any legal proceedings.
(6) In this Act—
(a) references to a person holding office under the Crown include
references to any servant of the Crown and to any member of
Her Majesty’s forces; and
(b) references to a member of a police force, in relation to the Royal
Navy Regulating Branch, the Royal Military Police or the
Royal Air Force Police, do not include references to any
member of that Branch or Force who is not for the time being
attached to or serving either with the Branch or Force of which
he is a member or with another of those police forces.
(7) If it appears to the Secretary of State that it is necessary to do so in
consequence of any changes to the structure or grading of the home civil
service or diplomatic service, he may by order make such amendments of
the definition of “senior official” in subsection (1) as appear to him
appropriate to preserve, so far as practicable, the effect of that definition.
82.—(1) The enactments specified in Schedule 4 (amendments Amendments,
consequential on the provisions of this Act) shall have effect with the repeals and
savings etc.
amendments set out in that Schedule.
(2) The enactments mentioned in Schedule 5 are hereby repealed to the
extent specified in the third column of that Schedule.
(3) For the avoidance of doubt it is hereby declared that nothing in this
Act (except paragraphs 1 and 2 of Schedule 4) affects any power conferred
on the Post Office by or under any enactment to open, detain or delay any
postal packet or to deliver any such packet to a person other than the
person to whom it is addressed.
(4) Where any warrant under the Interception of Communications Act 1985 c. 56.
1985 is in force under that Act at the time when the repeal by this Act of
section 2 of that Act comes into force, the conduct authorised by that
warrant shall be deemed for the period which—