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)

Authorisations

C193 Authorisations to interfere with property etc.

1

Where subsection (2) applies, an authorising officer may authorise—

a

the taking of such action, in respect of such property in the relevant area, as he may specify,

F1ab

the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or

b

the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.

F21A

The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part or Part II of the Regulation 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.

1B

Subsection (1) applies where the authorising officer is a F17member of the staff of the Serious Organised Crime Agency,F27an officer of Revenue and CustomsF14or an officer of the Office of Fair Trading with the omission of—

a

the words “in the relevant area”, in each place where they occur; and

b

paragraph (ab).

2

This subsection applies where the authorising officer believes—

a

that it is necessary for the action specified to be taken F3for the purpose of preventing or detecting serious crime, and

F4b

that the taking of the action is proportionate to what the action seeks to achieve.

F52A

Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the F6Police Service of Northern Ireland as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.

F132AA

Where the authorising officer is the chairman of the Office of Fair Trading, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002.

2B

The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.

3

An authorising officer shall not give an authorisation under this section except on an application made—

a

if the authorising officer is within subsection (5)(a) to F7(ea) or (ee), by a member of his police force,

F8aa

if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the F25Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

F18b

if the authorising officer is within subsection (5)(f), by a member of the staff of the Serious Organised Crime Agency,

d

if the authorising officer is within subsection (5)(h), by F28an officer of Revenue and CustomsF15, or

e

if the authorising officer is within subsection (5)(i), by an officer of the Office of Fair Trading.

F22f

if the authorising officer is within subsection (5)(j), by a police member of the Scottish Crime and Drug Enforcement Agency appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).

4

For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—

a

it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or

b

the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,

and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the M1Customs and Excise Management Act 1979.

5

In this section “authorising officer” means—

a

the chief constable of a police force maintained under section 2 of the M2Police Act 1996 (maintenance of police forces for areas in England and Wales except London);

b

the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;

c

the Commissioner of Police for the City of London;

d

the chief constable of a police force maintained under or by virtue of section 1 of the M3Police (Scotland) Act 1967 (maintenance of police forces for areas in Scotland);

e

the Chief Constable or a Deputy Chief Constable of the F6Police Service of Northern Ireland;

F9ea

the Chief Constable of the Ministry of Defence Police;

eb

the Provost Marshal of the F26Royal Navy Police;

ec

the Provost Marshal of the Royal Military Police;

ed

the Provost Marshal of the Royal Air Force Police;

ee

the Chief Constable of the F16British Transport Police;

F19f

the Director General of the Serious Organised Crime Agency, or any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General;

F29h

an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;

F30i

the chairman of the Office of Fair Trading.

F23j

the Director General of the Scottish Crime and Drug Enforcement Agency.

6

In this section “relevant area”—

a

in relation to a person within paragraph (a), (b) or (c) of subsection (5), means the area in England and Wales for which his police force is maintained;

b

in relation to a person within paragraph (d) of that subsection means the area in Scotland for which his police force is maintained;

c

in relation to a person within paragraph (e) of that subsection, means Northern Ireland;

F10ca

in relation to a person within paragraph (ea), means any place where, under section 2 of the M4Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;

cb

in relation to a person within paragraph (ee), means the United Kingdom;

F24cc

in relation to the Director General of the Scottish Crime and Drug Enforcement Agency, means Scotland,

F20d

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

F21e

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

F11f

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

and in each case includes the adjacent United Kingdom waters.

F126A

For the purposes of any authorisation by a person within paragraph (eb), (ec) or (ed) of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be—

a

the property is owned, occupied, in the possession of or being used by a person F31who is subject to service law or is a civilian subject to service discipline; or

b

the action is taken in relation to the use of wireless telegraphy by such a person.

F326B

In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.

7

The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.