2010 No.350
The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 8(1), 8(4)(b), 9(3) and 28(4) of the Regulation of Investigatory Powers (Scotland) Act 20001 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 and comes into force on 29th November 2010.
2
In this Order “the 2000 Act” means the Regulation of Investigatory Powers (Scotland) Act 2000.
Prescribed offices, etc.2
1
The offices, ranks and positions listed in column 2 of Schedule 1 to this Order (being offices, ranks or positions with the relevant public authorities in column 1) are prescribed for the purposes of section 8(1) of the 2000 Act.
2
Subject to paragraph (3), where an office, rank or position with a relevant public authority is listed in column 2 of Schedule 1 to this Order, all more senior offices, ranks or positions with that authority are also prescribed.
3
Where an office, rank or position with a relevant public authority is described in column 2 of Schedule 1 to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to all more senior offices, ranks or positions with that public authority is a reference to all more senior offices, ranks or positions in that agency, unit, branch, division or part.
Additional offices, etc. prescribed for urgent cases3
1
The offices, ranks and positions listed in column 3 of Schedule 1 to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1) are prescribed for the purposes of section 8(1) of the 2000 Act, but only for the cases described in this article.
2
An individual holding an office, rank or position which is listed in column 3 of Schedule 1 to this Order may only grant an authorisation where it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by an individual in the same authority who holds an office, rank or position listed in column 2.
3
Where an office, rank or position with a relevant public authority is described in column 2 of Schedule 1 to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to an individual in the same authority is a reference to an individual in that agency, unit, branch, division or part.
Amendment of the 2000 Act4
In section 8(3) (persons entitled to grant authorisations under sections 6 and 7) of the 2000 Act omit paragraphs (d) to (g).
Revocation5
The Orders specified in Schedule 2 to this Order are revoked.
SCHEDULE 1Prescribed offices, ranks and positions with relevant public authorities for the purposes of sections 6, 7 and 8 of the 2000 Act
Column 1 Relevant public authority | Column 2 Prescribed offices, ranks and positions | Column 3 Urgent cases |
---|---|---|
A police force maintained under or by virtue of section 1 of the Police (Scotland) Act 19672 | Superintendent | Inspector |
The Scottish Crime and Drug Enforcement Agency | Superintendent; Grade PO7 Authorising Officer | Inspector |
The Scottish Administration | Marine Scotland: Chief of Enforcement Unit | |
Accountant in Bankruptcy: The Accountant in Bankruptcy | ||
Scottish Prison Service: Governor in Charge | Scottish Prison Service: Deputy Governor | |
Contracted out prisons: the controller appointed under section 107(1)(b) of the Criminal Justice and Public Order Act 19943 | ||
Transport Scotland: Director | ||
A council constituted under section 2 of the Local Government etc. (Scotland) Act 19944 | Assistant Head of Service; Investigation manager | |
The Common Services Agency for the Scottish Health Service | NHSScotland Counter Fraud Services: Head of Investigations | |
The Scottish Environment Protection Agency | Director |
SCHEDULE 2Revocations
Orders Revoked | References |
---|---|
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 | |
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment (No. 2) Order 2003 | |
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2006 | |
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2009 |
(This note is not part of the Order)