60
Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
Local authorities
73
Local authorities as relevant public authorities
(1)
A local authority is a relevant public authority for the purposes of this Part.
(2)
In this Part “designated senior officer”, in relation to a local authority, means
an individual who holds with the authority—
(a) the position of director, head of service or service manager (or
equivalent), or
(b) a higher position.
(3)
A designated senior officer of a local authority may grant an authorisation for
obtaining communications data only if section 61(1)(a) is met in relation to a
purpose within section 61(7)(b).
(4)
The Secretary of State may by regulations amend subsection (2).
(5)
Before making regulations under subsection (4) which amend subsection (2) so
as to replace an office, rank or position specified in that subsection with a lower
office, rank or position, the Secretary of State must consult—
(a) the Investigatory Powers Commissioner, and
(b) each local authority to which the amendment relates.
(6)
A statutory instrument containing regulations under subsection (4) to which
subsection (5) applies may not be made except in accordance with the
enhanced affirmative procedure.
(7)
Sections 74 and 75 impose further restrictions in relation to the grant of
authorisations by local authorities.
74
Requirement to be party to collaboration agreement
(1)
A designated senior officer of a local authority may not grant an authorisation
unless—
(a) the local authority is a party to a collaboration agreement (whether as a
supplying authority or a subscribing authority or both), and
(b) that collaboration agreement is certified by the Secretary of State
(having regard to guidance given by virtue of section 79(6) and (7)) as
being appropriate for the local authority.
(2)
A designated senior officer of a local authority may only grant an authorisation
to a person within subsection (3).
(3)
A person is within this subsection if the person is an officer of a relevant public
authority which is a supplying authority under a collaboration agreement to
which the local authority is a party.
(4)
If the local authority is itself a supplying authority under a collaboration
agreement with the result that officers of the local authority are permitted to be
granted authorisations by a designated senior officer of a subscribing
authority, the persons within subsection (3) include officers of the local
authority.
(5)
In this section “collaboration agreement”, “subscribing authority” and
“supplying authority” have the same meaning as in section 78.