C2C3C4 Part III Authorisation of Action in Respect of Property

Annotations:
Modifications etc. (not altering text)
C2

Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2

C3

Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)

General

107 Supplementary provisions relating to Commissioners.

1

The Chief Commissioner shall keep under review the performance of functions under this Part.

2

The Chief Commissioner shall make an annual report on F1the matters with which he is concerned to the Prime Minister F2and to the Scottish Ministers and may at any time report to him F2or them (as the case may require) on F1anything relating to any of those matters.

C13

The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Chief Commissioner under subsection (2) together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.

F33A

The Scottish Ministers shall lay before the Scottish Parliament a copy of each annual report made by the Chief Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.

4

The Prime Minister may exclude a matter from the copy of a report as laid before each House of Parliament, if it appears to him, after consultation with the Chief Commissioner F4and the Scottish Ministers, that the publication of that matter in the report would be prejudicial to F5any of the purposes for which authorisations may be given or granted under this Part of this Act or Part II of the Regualtion 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 or to the discharge of—

a

the functions of any F14local policing body orF17the Scottish Police Authority,

b

the functions of the F9Serious Organised Crime Agency, or

F15bza

the functions of the Police Investigations and Review Commissioner under section 33A(b)(i) of the Police, Public Order and Criminal Justice (Scotland) Act 2006,

F16ba

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the duties of F11the Commissioners for Her Majesty's Revenue and Customs.

5

Any person having functions under this Part, and any person taking action in relation to which an authorisation was given, shall comply with any request of a Commissioner for documents or information required by him for the purpose of enabling him to discharge his functions.

F65A

It shall be the duty of—

a

every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Chief Commissioner,

b

every person who has engaged in conduct with the authority of such an authorisation,

c

every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a),

d

every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II of the Regulation of Investigatory Powers Act 2000) activities which are or may be subject to any such review have been or may be carried out, and

e

every person to whom a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (notices imposing a disclosure requirement in respect of information protected by a key) has been given in relation to any information obtained by conduct to which such an authorisation relates,

to disclose or provide to the Chief Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.

5B

It shall be the duty of every Commissioner to give the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 all such assistance (including his opinion as to any issue falling to be determined by that tribunal) as that tribunal may require—

a

in connection with the investigation of any matter by that tribunal; or

b

otherwise for the purposes of that tribunal’s consideration or determination of any matter.

5C

In this section “public authority” means any public authority within the meaning of section 6 of the M1Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.

F76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108 Interpretation of Part III.

C51

In this Part—

  • F8“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;

  • “authorisation” means an authorisation under section 93;

  • “authorising officer” has the meaning given by section 93(5);

  • “criminal proceedings” includes F13proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;

  • F12...

  • “designated deputy” has the meaning given in section 94(4);

  • “United Kingdom waters” has the meaning given in section 30(5) of the M2Police Act 1996; and

  • “wireless telegraphy” has the same meaning as in F10the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.

2

Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.

3

For the purposes of this Part, an authorisation (or renewal) given—

a

by the designated deputy of an authorising officer, or

b

by a person on whom an authorising officer’s powers are conferred by section 94,

shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.