Office of Public Sector Information
PART II continued
(1) Where a person grants or cancels a police or customs authorisation for the carrying out of intrusive surveillance, he shall give notice that he has done so to an ordinary Surveillance Commissioner.
(2) A notice given for the purposes of subsection (1)—
(a) must be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;
(b) must be given in accordance with any such arrangements made for the purposes of this paragraph by the Chief Surveillance Commissioner as are for the time being in force; and
(c) must specify such matters as the Secretary of State may by order prescribe.
(3) A notice under this section of the grant of an authorisation shall, as the case may be, either—
(a) state that the approval of a Surveillance Commissioner is required by section 36 before the grant of the authorisation will take effect; or
(b) state that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.
(4) Where a notice for the purposes of subsection (1) of the grant of an authorisation has been received by an ordinary Surveillance Commissioner, he shall, as soon as practicable—
(a) scrutinise the authorisation; and
(b) in a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.
(5) Subject to subsection (6), the Secretary of State shall not make an order under subsection (2)(c) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(6) Subsection (5) does not apply in the case of the order made on the first occasion on which the Secretary of State exercises his power to make an order under subsection (2)(c).
(7) The order made on that occasion shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, it has been approved by a resolution of each House of Parliament.
(8) For the purposes of subsection (7)—
(a) the order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; and
(b) in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(9) Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.
(10) In this section references to a police or customs authorisation are references to an authorisation granted by—
(a) a person who is a senior authorising officer by reference to a police force, the National Criminal Intelligence Service or the National Crime Squad;
(b) a person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise; or
(c) a person who for the purposes of section 34 is entitled to act for a person falling within paragraph (a) or for a person falling within paragraph (b).
(1) This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—
(a) a member of a police force;
(b) a member of the National Criminal Intelligence Service;
(c) a member of the National Crime Squad; or
(d) a customs officer.
(2) Subject to subsection (3), the authorisation shall not take effect until such time (if any) as—
(a) the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and
(b) written notice of the Commissioner’s decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation.
(3) Where the person who grants the authorisation—
(a) believes that the case is one of urgency, and
(b) gives notice in accordance with section 35(3)(b),
subsection (2) shall not apply to the authorisation, and the authorisation shall have effect from the time of its grant.
(4) Where subsection (2) applies to the authorisation—
(a) a Surveillance Commissioner shall give his approval under this section to the authorisation if, and only if, he is satisfied that there are reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in the case of the authorisation; and
(b) a Surveillance Commissioner who makes a decision as to whether or not the authorisation should be approved shall, as soon as reasonably practicable after making that decision, give written notice of his decision to the person who granted the authorisation.
(5) If an ordinary Surveillance Commissioner decides not to approve an authorisation to which subsection (2) applies, he shall make a report of his findings to the most senior relevant person.
(6) In this section “the most senior relevant person” means—
(a) where the authorisation was granted by the senior authorising officer with any police force who is not someone’s deputy, that senior authorising officer;
(b) where the authorisation was granted by the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad, that Director General;
(c) where the authorisation was granted by a senior authorising officer with a police force who is someone’s deputy, the senior authorising officer whose deputy granted the authorisation;
(d) where the authorisation was granted by the designated deputy of the Director General of the National Criminal Intelligence Service or a person entitled to act for him by virtue of section 34(4)(j), that Director General;
(e) where the authorisation was granted by the designated deputy of the Director General of the National Crime Squad or by a person designated by that Director General for the purposes of section 32(6)(l) or 34(4)(k), that Director General;
(f) where the authorisation was granted by a person entitled to act for a senior authorising officer under section 34(4)(a) to (i), the senior authorising officer in the force in question who is not someone’s deputy; and
(g) where the authorisation was granted by a customs officer, the customs officer for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners of Customs and Excise.
(7) The references in subsection (6) to a person’s deputy are references to the following—
(a) in relation to—
(i) a chief constable of a police force maintained under section 2 of the [1996 c. 16.] Police Act 1996,
(ii) the Commissioner of Police for the City of London, or
(iii) a chief constable of a police force maintained under or by virtue of section 1 of the [1967 c. 77.] Police (Scotland) Act 1967,
to his designated deputy;
(b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; and
(c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;
and in this subsection and that subsection “designated deputy” has the same meaning as in section 34.
(8) Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.
(1) This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—
(a) a member of a police force;
(b) a member of the National Criminal Intelligence Service;
(c) a member of the National Crime Squad; or
(d) a customs officer.
(2) Where an ordinary Surveillance Commissioner is at any time satisfied that, at the time when the authorisation was granted or at any time when it was renewed, there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisation.
(3) If an ordinary Surveillance Commissioner is satisfied at any time while the authorisation is in force that there are no longer any reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in relation to the authorisation, he may cancel the authorisation with effect from such time as appears to him to be the time from which those requirements ceased to be so satisfied.
(4) Where, in the case of any authorisation of which notice has been given in accordance with section 35(3)(b), an ordinary Surveillance Commissioner is at any time satisfied that, at the time of the grant or renewal of the authorisation to which that notice related, there were no reasonable grounds for believing that the case was one of urgency, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisatio
(5) Subject to subsection (7), where an ordinary Surveillance Commissioner quashes an authorisation under this section, he may order the destruction of any records relating wholly or partly to information obtained by the authorised conduct after the time from which his decision takes effect.
(6) Subject to subsection (7), where—
(a) an authorisation has ceased to have effect (otherwise than by virtue of subsection (2) or (4)), and
(b) an ordinary Surveillance Commissioner is satisfied that there was a time while the authorisation was in force when there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) continued to be satisfied in relation to the authorisation,
he may order the destruction of any records relating, wholly or partly, to information obtained at such a time by the authorised conduct.
(7) No order shall be made under this section for the destruction of any records required for pending criminal or civil proceedings.
(8) Where an ordinary Surveillance Commissioner exercises a power conferred by this section, he shall, as soon as reasonably practicable, make a report of his exercise of that power, and of his reasons for doing so—
(a) to the most senior relevant person (within the meaning of section 36); and
(b) to the Chief Surveillance Commissioner.
(9) Where an order for the destruction of records is made under this section, the order shall not become operative until such time (if any) as—
(a) the period for appealing against the decision to make the order has expired; and
(b) any appeal brought within that period has been dismissed by the Chief Surveillance Commissioner.
(10) No notice shall be required to be given under section 35(1) in the case of a cancellation under subsection (3) of this section.
(1) Any senior authorising officer may appeal to the Chief Surveillance Commissioner against any of the following—
(a) any refusal of an ordinary Surveillance Commissioner to approve an authorisation for the carrying out of intrusive surveillance;
(b) any decision of such a Commissioner to quash or cancel such an authorisation;
(c) any decision of such a Commissioner to make an order under section 37 for the destruction of records.
(2) In the case of an authorisation granted by the designated deputy of a senior authorising office or by a person who for the purposes of section 34 is entitled to act for a senior authorising officer, that designated deputy or person shall also be entitled to appeal under this section.
(3) An appeal under this section must be brought within the period of seven days beginning with the day on which the refusal or decision appealed against is reported to the appellant.
(4) Subject to subsection (5), the Chief Surveillance Commissioner, on an appeal under this section, shall allow the appeal if—
(a) he is satisfied that there were reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied in relation to the authorisation at the time in question; and
(b) he is not satisfied that the authorisation is one of which notice was given in accordance with section 35(3)(b) without there being any reasonable grounds for believing that the case was one of urgency.
(5) If, on an appeal falling within subsection (1)(b), the Chief Surveillance Commissioner—
(a) is satisfied that grounds exist which justify the quashing or cancellation under section 37 of the authorisation in question, but
(b) considers that the authorisation should have been quashed or cancelled from a different time from that from which it was quashed or cancelled by the ordinary Surveillance Commissioner against whose decision the appeal is brought,
he may modify that Commissioner’s decision to quash or cancel the authorisation, and any related decision for the destruction of records, so as to give effect to the decision under section 37 that he considers should have been made.
(6) Where, on an appeal under this section against a decision to quash or cancel an authorisation, the Chief Surveillance Commissioner allows the appeal he shall also quash any related order for the destruction of records relating to information obtained by the authorised conduct.
(7) In this section “designated deputy” has the same meaning as in section 34.
(1) Where the Chief Surveillance Commissioner has determined an appeal under section 38, he shall give notice of his determination to both—
(a) the person by whom the appeal was brought; and
(b) the ordinary Surveillance Commissioner whose decision was appealed against.
(2) Where the determination of the Chief Surveillance Commissioner on an appeal under section 38 is a determination to dismiss the appeal, the Chief Surveillance Commissioner shall make a report of his findings—
(a) to the persons mentioned in subsection (1); and
(b) to the Prime Minister.
(3) Subsections (3) and (4) of section 107 of the [1997 c. 50.] Police Act 1997 (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under subsection (2) of that section.
(4) Subject to subsection (2) of this section, the Chief Surveillance Commissioner shall not give any reasons for any determination of his on an appeal under section 38.
It shall be the duty of—
(a) every member of a police force,
(b) every member of the National Criminal Intelligence Service,
(c) every member of the National Crime Squad, and
(d) every customs officer,
to comply with any request of a Surveillance Commissioner for documents or information required by that Commissioner for the purpose of enabling him to carry out the functions of such a Commissioner under sections 35 to 39.
(1) The Secretary of State shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by—
(a) a member of any of the intelligence services;
(b) an official of the Ministry of Defence;
(c) a member of Her Majesty’s forces;
(d) an individual holding an office, rank or position with any such public authority as may be designated for the purposes of this section as an authority whose activities may require the carrying out of intrusive surveillance.
(2) Section 32 shall have effect in relation to the grant of an authorisation by the Secretary of State on the application of an official of the Ministry of Defence, or of a member of Her Majesty’s forces, as if the only matters mentioned in subsection (3) of that section were—
(a) the interests of national security; and
(b) the purpose of preventing or detecting serious crime.
(3) The designation of any public authority for the purposes of this section shall be by order made by the Secretary of State.
(4) The Secretary of State may by order provide, in relation to any public authority, that an application for an authorisation for the carrying out of intrusive surveillance may be made by an individual holding an office, rank or position with that authority only where his office, rank or position is one prescribed by the order.
(5) The Secretary of State may by order impose restrictions—
(a) on the authorisations for the carrying out of intrusive surveillance that may be granted on the application of an individual holding an office, rank or position with any public authority designated for the purposes of this section; and
(b) on the circumstances in which, or the purposes for which, such authorisations may be granted on such an application.
(6) The Secretary of State shall not make a designation under subsection (3) unless a draft of the order containing the designation has been laid before Parliament and approved by a resolution of each House.
(7) References in this section to a member of Her Majesty’s forces do not include references to any member of Her Majesty’s forces who is a member of a police force by virtue of his service with the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police.
(1) The grant by the Secretary of State on the application of a member of one of the intelligence services of any authorisation under this Part must be made by the issue of a warrant.
(2) A single warrant issued by the Secretary of State may combine both—
(a) an authorisation under this Part; and
(b) an intelligence services warrant;
but the provisions of this Act or the [1994 c. 13.] Intelligence Services Act 1994 that are applicable in the case of the authorisation under this Part or the intelligence services warrant shall apply separately in relation to the part of the combined warrant to which they are applicable.
(3) Intrusive surveillance in relation to any premises or vehicle in the British Islands shall be capable of being authorised by a warrant issued under this Part on the application of a member of the Secret Intelligence Service or GCHQ only if the authorisation contained in the warrant is one satisfying the requirements of section 32(2)(a) otherwise than in connection with any functions of that intelligence service in support of the prevention or detection of serious crime.
(4) Subject to subsection (5), the functions of the Security Service shall include acting on behalf of the Secret Intelligence Service or GCHQ in relation to—
(a) the application for and grant of any authorisation under this Part in connection with any matter within the functions of the Secret Intelligence Service or GCHQ; and
(b) the carrying out, in connection with any such matter, of any conduct authorised by such an authorisation.
(5) Nothing in subsection (4) shall authorise the doing of anything by one intelligence service on behalf of another unless—
(a) it is something which either the other service or a member of the other service has power to do; and
(b) it is done otherwise than in connection with functions of the other service in support of the prevention or detection of serious crime.
(6) In this section “intelligence services warrant” means a warrant under section 5 of the [1994 c. 13.] Intelligence Services Act 1994.
(1) An authorisation under this Part—
(a) may be granted or renewed orally in any urgent case in which the entitlement to act of the person granting or renewing it is not confined to urgent cases; and
(b) in any other case, must be in writing.
(2) A single authorisation may combine two or more different authorisations under this Part; but the provisions of this Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
(3) Subject to subsections (4) and (8), an authorisation under this Part shall cease to have effect at the end of the following period—
(a) in the case of an authorisation which—
(i) has not been renewed and was granted either orally or by a person whose entitlement to act is confined to urgent cases, or
(ii) was last renewed either orally or by such a person,
the period of seventy-two hours beginning with the time when the grant of the authorisation or, as the case may be, its latest renewal takes effect;
(b) in a case not falling within paragraph (a) in which the authorisation is for the conduct or the use of a covert human intelligence source, the period of twelve months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect; and
(c) in any case not falling within paragraph (a) or (b), the period of three months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect.
(4) Subject to subsection (6), an authorisation under this Part may be renewed, at any time before the time at which it ceases to have effect, by any person who would be entitled to grant a new authorisation in the same terms.
(5) Sections 28 to 41 shall have effect in relation to the renewal of an authorisation under this Part as if references to the grant of an authorisation included references to its renewal.
(6) A person shall not renew an authorisation for the conduct or the use of a covert human intelligence source, unless he—
(a) is satisfied that a review has been carried out of the matters mentioned in subsection (7); and
(b) has, for the purpose of deciding whether he should renew the authorisation, considered the results of that review.
(7) The matters mentioned in subsection (6) are—
(a) the use made of the source in the period since the grant or, as the case may be, latest renewal of the authorisation; and
(b) the tasks given to the source during that period and the information obtained from the conduct or the use of the source.
(8) The Secretary of State may by order provide in relation to authorisations of such descriptions as may be specified in the order that subsection (3) is to have effect as if the period at the end of which an authorisation of a description so specified is to cease to have effect were such period shorter than that provided for by that subsection as may be fixed by or determined in accordance with that order.
(9) References in this section to the time at which, or the day on which, the grant or renewal of an authorisation takes effect are references—
(a) in the case of the grant of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation is granted;
(b) in the case of the renewal of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation would have ceased to have effect but for the renewal; and
(c) in the case of any grant or renewal that takes effect under subsection (2) of section 36 at a time or on a day later than that given by paragraph (a) or (b), to the time at which or, as the case may be, day on which the grant or renewal takes effect in accordance with that subsection.
(10) In relation to any authorisation granted by a member of any of the intelligence services, and in relation to any authorisation contained in a warrant issued by the Secretary of State on the application of a member of any of the intelligence services, this section has effect subject to the provisions of section 44.
(1) Subject to subsection (2), a warrant containing an authorisation for the carrying out of intrusive surveillance—
(a) shall not be issued on the application of a member of any of the intelligence services, and
(b) if so issued shall not be renewed,
except under the hand of the Secretary of State.
(2) In an urgent case in which—
(a) an application for a warrant containing an authorisation for the carrying out of intrusive surveillance has been made by a member of any of the intelligence services, and
(b) the Secretary of State has himself expressly authorised the issue of the warrant in that case,
the warrant may be issued (but not renewed) under the hand of a senior official.
(3) Subject to subsection (6), a warrant containing an authorisation for the carrying out of intrusive surveillance which—
(a) was issued, on the application of a member of any of the intelligence services, under the hand of a senior official, and
(b) has not been renewed under the hand of the Secretary of State,
shall cease to have effect at the end of the second working day following the day of the issue of the warrant, instead of at the time provided for by section 43(3).
(4) Subject to subsections (3) and (6), where any warrant for the carrying out of intrusive surveillance which is issued or was last renewed on the application of a member of any of the intelligence services, the warrant (unless renewed or, as the case may be, renewed again) shall cease to have effect at the following time, instead of at the time provided for by section 43(3), namely—
(a) in the case of a warrant that has not been renewed, at the end of the period of six months beginning with the day on which it was issued; and
(b) in any other case, at the end of the period of six months beginning with the day on which it would have ceased to have effect if not renewed again.
(5) Subject to subsection (6), where—
(a) an authorisation for the carrying out of directed surveillance is granted by a member of any of the intelligence services, and
(b) the authorisation is renewed by an instrument endorsed under the hand of the person renewing the authorisation with a statement that the renewal is believed to be necessary on grounds falling within section 32(3)(a) or (c),
the authorisation (unless renewed again) shall cease to have effect at the end of the period of six months beginning with the day on which it would have ceased to have effect but for the renewal, instead of at the time provided for by section 43(3).
(6) The Secretary of State may by order provide in relation to authorisations of such descriptions as may be specified in the order that subsection (3), (4) or (5) is to have effect as if the period at the end of which an authorisation of a description so specified is to cease to have effect were such period shorter than that provided for by that subsection as may be fixed by or determined in accordance with that order.
(7) Notwithstanding anything in section 43(2), in a case in which there is a combined warrant containing both—
(a) an authorisation for the carrying out of intrusive surveillance, and
(b) an authorisation for the carrying out of directed surveillance,
the reference in subsection (4) of this section to a warrant for the carrying out of intrusive surveillance is a reference to the warrant so far as it confers both authorisations.
(1) The person who granted or, as the case may be, last renewed an authorisation under this Part shall cancel it if—
(a) he is satisfied that the authorisation is one in relation to which the requirements of section 28(2)(a) and (b), 29(2)(a) and (b) or, as the case may be, 32(2)(a) and (b) are no longer satisfied; or
(b) in the case of an authorisation under section 29, he is satisfied that arrangements for the source’s case that satisfy the requirements mentioned in subsection (2)(c) of that section no longer exist.
(2) Where an authorisation under this Part was granted or, as the case may be, last renewed—
(a) by a person entitled to act for any other person, or
(b) by the deputy of any other person,
that other person shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).
(3) Where an authorisation under this Part was granted or, as the case may be, last renewed by a person whose deputy had power to grant it, that deputy shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).
(4) The Secretary of State may by regulations provide for the person by whom any duty imposed by this section is to be performed in a case in which it would otherwise fall on a person who is no longer available to perform it.
(5) Regulations under subsection (4) may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations.
(6) The references in this section to a person’s deputy are references to the following—(a) in relation to—
(i) a chief constable of a police force maintained under section 2 of the [1996 c. 16.] Police Act 1996,
(ii) the Commissioner of Police for the City of London, or
(iii) a chief constable of a police force maintained under or by virtue of section 1 of the [1967 c. 77.] Police (Scotland) Act 1967,
to his designated deputy;
(b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis;
(c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;
(d) in relation to the Director General of the National Criminal Intelligence Service, to his designated deputy; and
(e) in relation to the Director General of the National Crime Squad, to any person designated by him for the purposes of section 32(6)(l) or to his designated deputy.
Scotland
(1) No person shall grant or renew an authorisation under this Part for the carrying out of any conduct if it appears to him—(a) that the authorisation is not one for which this Part is the relevant statutory provision for all parts of the United Kingdom; and
(b) that all the conduct authorised by the grant or, as the case may be, renewal of the authorisation is likely to take place in Scotland.
(2) In relation to any authorisation, this Part is the relevant statutory provision for all parts of the United Kingdom in so far as it—(a) is granted or renewed on the grounds that it is necessary in the interests of national security or in the interests of the economic well-being of the United Kingdom;
(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).
Regulation of Investigatory Powers Act 2000