S. 82 wholly in force; s. 82 not in force at Royal Assent see s. 83(2); s. 82(1)(2) in force for certain purposes at 25.9.2000 and s. 82 in force to the extent that it is not already in force at 2.10.2000 by S.I. 2000/2543, arts. 2, 3 (subject to transitional provisions in arts. 5, 6)
This version extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only
S. 73 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 125, 126, Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)
S. 75(6)(b) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 153, Sch. 17; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(hh) (subject to
S. 76A inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 83, 94; S.I. 2004/786, art. 3(1)(2)
Words in s. 76A(6)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 98(2); S.I. 2013/1682, art. 3(v)
Words in s. 76A(11) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 98(3); S.I. 2013/1682, art. 3(v)
Words in s. 76A(11) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(23)
Words in s. 76A(11) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 26; S.I. 2008/219, art. 2(b)
Ss. 77A, 77B inserted (1.11.2012 for specified purposes) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 15 (with s. 97); S.I. 2012/2075, art. 4(e)
Words in s. 77A heading omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(a)
Words in s. 77A(1) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(b)
Words in s. 77A(3) substituted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(c)
Words in s. 77B heading omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(a)
Words in s. 77B(1) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(b)
Words in s. 77B(4) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(c)(i)
Words in s. 77B(4) substituted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(c)(ii)
Words in s. 78(1) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 16(a) (with s. 97); S.I. 2012/2075, art. 4(d)
Words in s. 78(3)(a) omitted (12.3.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 48 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(o)
Words in s. 78(3)(a) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 16(b)(i) (with s. 97); S.I. 2012/2075, art. 4(d)
Words in s. 78(3)(a) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 16(b)(ii) (with s. 97); S.I. 2012/2075, art. 4(d)
Words in s. 78(3)(a) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 80; S.I. 2004/786, art. 3(1)(2)
Words in s. 78(5) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 16(c) (with s. 97); S.I. 2012/2075, art. 4(d)
Words in s. 81(1) omitted (1.9.2017) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 83(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
Words in s. 81(1) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(b)
Words in s. 81(1) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 49(2)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(h)
S. 81(1): definition of "customs officer" repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 92, 94, Sch. 12 para. 27, Sch. 14; S.I. 2008/219, art. 2(d)(ii)
S. 81(1): words in the definition of "Her Majesty's forces" substituted (28.3.2009 for certain purposes, otherwise 30.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 81(1) substituted (27.6.2018 for specified purposes) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(aa)(ii)
Words in s. 81(1) substituted (27.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 49(2)(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(h)
Words in s. 81(1) inserted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 83(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
S. 81(1): definition inserted (1.4.2005) by 2002 c. 26, ss. 10, 87, Sch. 4 para. 40; S.R. 2005/109, art. 2, Sch.
S. 81(1): words in the definition of "legal proceedings" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 81(1): para. (d) in the definition of "police force" substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(24)
S. 81(1): words in the definition of "police force" substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(c); S.I. 2007/1442, art. 2(1)
Words in s. 81(1) substituted (27.6.2018 for specified purposes) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(5) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(bb)(ii)
Words in s. 81(1) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(6) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(b)
Words in s. 81(1) substituted (27.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(7) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(b)
S. 81(1): words in the definition of "wireless telegraphy" substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 24
S. 81(4): words substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 81(4)(a)-(c) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 81(5) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 49(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(h)
Words in s. 81(4) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 49(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(h)
Words in s. 81(6)(b) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(4)(a); S.I. 2007/1442, art. 2(1)
Words in s. 81(6)(b) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(4)(b); S.I. 2007/1442, art. 2(1)
Words in s. 81(7) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 11(2); S. I. 2010/2703, art. 2(a)
S. 81(8) inserted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52(2), Sch. 2 para. 11(3); S. I. 2010/2703, art. 2(a)
S. 81(9) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 17 (with s. 97); S.I. 2012/2075, art. 4(d)
Words in s. 82(3) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
Words in s. 82(3) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 135(3) (with art. 4(8))
Words in s. 82(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 91, 93(3), Sch. 12 para. 160; S.I. 2011/2329, art. 3(1)
S. 82(4)-(6) omitted (27.6.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 50 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
S. 81(5) applied (25.9.2000) by 1989 c. 5, s. 1(5) (as inserted (25.9.200) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 4(1))
S. 81(5) applied (25.9.2000) by 1994 c. 13, s. 11(1A) (as inserted (25.9.2000) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 6 (with s. 82(3)))
S. 81(5) applied (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 42(3), 178; S.I. 2005/3495, art. 2(1)(f) (subject to art. 2(2))
S. 81(5) applied (24.12.2008) by Counter-Terrorism Act 2008, (c. 28), {ss. 21(4)}, 91, 100 (with s. 101(2)); S.I. 2008/3296, art. 2
S. 83(2) power partly exercised: different dates appointed for specified provisions by S.I. 2000/2543 (with transitional provisions in art. 5, 6); s. 83(2) power partly excercised: 13.8.2001 appointed for other specified provisions by S.I. 2001/2727; s. 83(2) power partly exercised: 5.1.2004 appointed for specified provisions by {S.I. 2003/3140}, art. 2; s. 83(2) power partly exercised: 1.10.2007 appointed for specified provisions by {S.I. 2007/2196}, art. 2
In subsection (2) of section 5 of the
is satisfied that the taking of the action is proportionate to what the action seeks to achieve;
The matters to be taken into account in considering whether the requirements of subsection (2)(a) and (b) are satisfied in the case of any warrant shall include whether what it is thought necessary to achieve by the conduct authorised by the warrant could reasonably be achieved by other means.
In each of sections 6(1)(b) and 7(5)(b) of that Act (warrants issued under the hand of a senior official of the Secretary of State’s department), the words “of his department” shall be omitted.
“
Section 93 of the
the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or
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. Subsection (1) applies where the authorising officer is a customs officer with the omission of— the words “ paragraph (ab).
In subsection (2) (the grounds on which action may be authorised)—
that the taking of the action is proportionate to what the action seeks to achieve.
Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the Royal Ulster Constabulary as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security. 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.
In subsection (5) (the meaning of authorising officer)—
the Chief Constable of the Ministry of Defence Police; the Provost Marshal of the Royal Navy Regulating Branch; the Provost Marshal of the Royal Military Police; the Provost Marshal of the Royal Air Force Police; the Chief Constable of the British Transport Police;
in relation to a person within paragraph (ea), means any place where, under section 2 of the in relation to a person within paragraph (ee), means the United Kingdom;
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— the property is owned, occupied, in the possession of or being used by a person subject to service discipline; or the action is taken in relation to the use of wireless telegraphy by such a person. For the purposes of this section a person is subject to service discipline— in relation to the Royal Navy Regulating Branch, if he is subject to the in relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the in relation to the Royal Air Force Police, if he is subject to air-force law or is a civilian to whom Part II of the
Subject to subsection (2), where—
an authorisation under the relevant Scottish legislation has the effect of authorising the carrying out in Scotland of the conduct described in the authorisation,
the conduct so described is or includes conduct to which Part II of this Act applies, and
circumstances arise by virtue of which some or all of the conduct so described can for the time being be carried out only outwith Scotland,
section 27 of this Act shall have effect for the purpose of making lawful the carrying out outwith Scotland of the conduct so described as if the authorisation, so far as is it relates to conduct to which that Part applies, were an authorisation duly granted under that Part.
Where any such circumstances as are mentioned in paragraph (c) of subsection (1) so arise as to give effect outwith Scotland to any authorisation granted under the relevant Scottish legislation, that authorisation shall not authorise any conduct outwith Scotland at any time after the end of the period of three weeks beginning with the time when the circumstances arose.
Subsection (2) is without prejudice to the operation of subsection (1) in relation to any authorisation on the second or any subsequent occasion on which any such circumstances as are mentioned in subsection (1)(c) arise while the authorisation remains in force.
In this section “
This section applies where—
a foreign police or customs officer is carrying out relevant surveillance outside the United Kingdom which is lawful under the law of the country or territory in which it is being carried out;
circumstances arise by virtue of which the surveillance can for the time being be carried out only in the United Kingdom; and
it is not reasonably practicable in those circumstances for a United Kingdom officer to carry out the surveillance in the United Kingdom in accordance with an authorisation under Part 2 or the Regulation of Investigatory Powers (Scotland) Act 2000.
“
is carried out in relation to a person who is suspected of having committed a relevant crime; and
is, for the purposes of Part 2, directed surveillance or intrusive surveillance.
“
falls within Article 40(7) of the Schengen Convention; or
is crime for the purposes of any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.
Relevant surveillance carried out by the foreign police or customs officer in the United Kingdom during the permitted period is to be lawful for all purposes if—
the condition mentioned in subsection (6) is satisfied;
the officer carries out the surveillance only in places to which members of the public have or are permitted to have access, whether on payment or otherwise; and
conditions specified in any order made by the Secretary of State with the consent of the Scottish Ministers are satisfied in relation to its carrying out;
but no surveillance is lawful by virtue of this subsection if the officer subsequently seeks to stop and question the person in the United Kingdom in relation to the relevant crime.
The officer is not to be subject to any civil liability in respect of any conduct of his which is incidental to any surveillance that is lawful by virtue of subsection (4).
The condition in this subsection is satisfied if, immediately after the officer enters the United Kingdom—
he notifies a person designated by the
(if the officer has not done so before) he requests an application to be made for an authorisation under Part 2, or the Regulation of Investigatory Powers (Scotland) Act 2000, for the carrying out of the surveillance.
“
But a person designated by an order made by the Secretary of State may notify the officer that the surveillance is to cease being lawful by virtue of subsection (4) when he gives the notification.
The Secretary of State is not to make an order under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
In this section references to a foreign police or customs officer are to a police or customs officer who, in relation to a country or territory other than the United Kingdom, is an officer for the purposes of—
Article 40 of the Schengen Convention; or
any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.
In this section—
“
“
a member of a police force;
This section applies where—
a foreign police or customs officer is carrying out relevant surveillance outside the United Kingdom which is lawful under the law of the country or territory in which it is being carried out;
circumstances arise by virtue of which the surveillance can for the time being be carried out only in the United Kingdom; and
it is not reasonably practicable in those circumstances for a United Kingdom officer to carry out the surveillance in the United Kingdom in accordance with an authorisation under Part 2 or the Regulation of Investigatory Powers (Scotland) Act 2000.
“
is carried out in relation to a person who is suspected of having committed a relevant crime; and
is, for the purposes of Part 2, directed surveillance or intrusive surveillance.
“
falls within Article 40(7) of the Schengen Convention; or
is crime for the purposes of any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.
Relevant surveillance carried out by the foreign police or customs officer in the United Kingdom during the permitted period is to be lawful for all purposes if—
the condition mentioned in subsection (6) is satisfied;
the officer carries out the surveillance only in places to which members of the public have or are permitted to have access, whether on payment or otherwise; and
conditions specified in any order made by the Secretary of State with the consent of the Scottish Ministers are satisfied in relation to its carrying out;
but no surveillance is lawful by virtue of this subsection if the officer subsequently seeks to stop and question the person in the United Kingdom in relation to the relevant crime.
The officer is not to be subject to any civil liability in respect of any conduct of his which is incidental to any surveillance that is lawful by virtue of subsection (4).
The condition in this subsection is satisfied if, immediately after the officer enters the United Kingdom—
he notifies a person designated by the
(if the officer has not done so before) he requests an application to be made for an authorisation under Part 2, or the Regulation of Investigatory Powers (Scotland) Act 2000, for the carrying out of the surveillance.
“
But a person designated by an order made by the Secretary of State may notify the officer that the surveillance is to cease being lawful by virtue of subsection (4) when he gives the notification.
The Secretary of State is not to make an order under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
In this section references to a foreign police or customs officer are to a police or customs officer who, in relation to a country or territory other than the United Kingdom, is an officer for the purposes of—
Article 40 of the Schengen Convention; or
any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.
In this section—
“
“
a member of a police force;
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and
any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.
This section applies to an application to the sheriff for an order under section
Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular—
require the sheriff to determine an application in private,
secure that any hearing is to be held in private, and
ensure that notice of an application (or of any order being made) is not given to—
the person to whom the authorisation or notice which is the subject of the application or order relates, or
such a person's representatives.
The Court of Session's power under section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate and prescribe the procedure and practice to be followed in relation to an application to which this section applies is subject to, but is not otherwise constrained by,
The Lord Chancellor may by order make further provision about the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section
Such an order may, in particular, provide—
for the manner in which, and time within which, an application may be made,
that the district judge (magistrates' courts) is to determine an application—
in chambers,
in the absence of the person to whom the authorisation or notice which is the subject of the application relates,
that any hearing is to be held in private,
that notice of an order given is not to be given to—
the person to whom the authorisation or notice which is the subject of the order relates, or
such a person's legal representatives.
An order of the Lord Chancellor under this section may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998).
The power of the Magistrates' Courts Rules Committee under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to regulate and prescribe the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section
This section applies to any power of the Secretary of State
The powers to which this section applies shall be exercisable by statutory instrument.
A statutory instrument which contains any order made in exercise of a power to which this section applies (other than the power to appoint a day under section 83(2)) but which contains neither—
an order a draft of which has been approved for the purposes of section
the order to which section 35(7) applies,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing any regulations made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any order, regulations or rules made in exercise of a power to which this section applies may—
make different provisions for different cases;
contain such incidental, supplemental, consequential and transitional provision as the Secretary of State
Where an offence under any provision of this Act other than a provision of Part III is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of that offence and liable to be proceeded against and punished accordingly.
Where an offence under any provision of this Act other than a provision of Part III—
is committed by a Scottish firm, and
is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,
he (as well as the firm) shall be guilty of that offence and liable to be proceeded against and punished accordingly.
In this section “
Nothing in any of the provisions of this Act by virtue of which conduct of any description is or may be authorised by any warrant, authorisation or notice, or by virtue of which information may be obtained in any manner, shall be construed—
as making it unlawful to engage in any conduct of that description which is not otherwise unlawful under this Act and would not be unlawful apart from this Act;
as otherwise requiring—
the issue, grant or giving of such a warrant, authorisation or notice, or
the taking of any step for or towards obtaining the authority of such a warrant, authorisation or notice,
before any such conduct of that description is engaged in; or
as prejudicing any power to obtain information by any means not involving conduct that may be authorised under this Act.
In this Act—
“
“
“
“
anything comprising speech, music, sounds, visual images or data of any description; and
signals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus;
“
“
“
an enactment passed after the passing of this Act; and
an enactment contained in Northern Ireland legislation;
“
“
“
“
“
a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or
a bulk interception warrant under Chapter 1 of Part 6 of that Act;
“
“
“
“
any police force maintained under section 2 of the
the metropolitan police force;
the City of London police force;
the Royal Ulster Constabulary;
the Ministry of Defence Police;
the
the Royal Military Police;
the Royal Air Force Police;
the British Transport Police;
“
“
“
“
“
“
“
“
In this Act—
references to crime are references to conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences; and
references to serious crime are references to crime that satisfies the test in subsection (3)(a) or (b).
Those tests are—
that the offence or one of the offences that is or would be constituted by the conduct 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;
that the conduct 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.
In this Act “
For the purposes of this Act detecting crime shall be taken to include—
establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and
the apprehension of the person by whom any crime was committed;
and any reference in this Act to preventing or detecting serious crime shall be construed accordingly
In this Act—
references to a person holding office under the Crown include references to any servant of the Crown and to any member of Her Majesty’s forces; and
references to a member of a police force, in relation to the
If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the
In subsection (7)
“
the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act), but
also includes the Government Communications Headquarters.
References in this Act to provision which, if it were contained in an Act of the Northern Ireland Assembly, would deal with a Northern Ireland transferred matter or (as the case may be) a transferred matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3)) do not include references to any such provision which would be ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).
The enactments specified in Schedule 4 (amendments consequential on the provisions of this Act) shall have effect with the amendments set out in that Schedule.
The enactments mentioned in Schedule 5 are hereby repealed to the extent specified in the third column of that Schedule.
For the avoidance of doubt it is hereby declared that nothing in this Act
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This Act may be cited as the Regulation of Investigatory Powers Act 2000.
The provisions of this Act, other than this section, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.
This Act extends to Northern Ireland.