C1C2C3C5 Part III Authorisation of Action in Respect of Property

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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)

C5

Pt. 3: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(b) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

Authorisations requiring approval

C497 Authorisations requiring approval.

1

An authorisation to which this section applies shall not take effect until—

a

it has been approved in accordance with this section by F8a Judicial Commissioner, and

b

the person who gave the authorisation has been notified under subsection (4).

2

Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—

a

that any of the property specified in the authorisation—

i

is used wholly or mainly as a dwelling or as a bedroom in a hotel, or

ii

constitutes office premises, or

b

that the action authorised by it is likely to result in any person acquiring knowledge of—

i

matters subject to legal privilege,

ii

confidential personal information, or

iii

confidential journalistic material.

3

This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.

4

Where F9a Judicial Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—

a

decide whether to approve the authorisation or refuse approval, and

b

give written notice of his decision to the person who gave the authorisation.

5

F10A Judicial Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).

6

Where F7a Judicial Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given F1....

F26A

The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) F3or (e) of section 93(5), as a reference to the Commissioner of Police F4or, as the case may be, Chief Constable mentioned in the paragraph concerned.

F56B

The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—

a

in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and

b

in the case of an authorisation given in the absence of such a person, as a reference to a F6National Crime Agency officer who is designated for the purposes of this section by the Director General of that Agency.

7

This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).

8

In this section—

  • “office premises” has the meaning given in section 1(2) of the M1Offices, Shops and Railway Premises Act 1963;

  • “hotel” means premises used for the reception of guests who desire to sleep in the premises.