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Regulation of Investigatory Powers (Scotland) Act 2000
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Changes over time for: Section 11
Version Superseded: 28/03/2011
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- 29/09/2000- Amendment
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- 01/04/2013- Amendment
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11 Rules for grant of authorisationsS
This section has no associated Explanatory Notes
(1)A person who is a designated person for the purposes of section 6 or 7 above by reference to the office, rank or position with a police force held by that person shall not grant an authorisation under that section except on an application made by a member of the same force.
(2)[F1Subject to section 12A below,]F1 A chief constable of a police force shall not grant an authorisation for the carrying out of intrusive surveillance except—
(a)on an application made by a member of the same force; and
(b)in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force.
[F2(3)The Director General of the Scottish Crime and Drug Enforcement Agency shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a police member of that Agency.]
F2(4)A single authorisation may combine both—
(a)an authorisation granted under this Act by, or on the application of, an individual who is a member of a police force [F3or is a police member of the Scottish Crime and Drug Enforcement Agency]F3; and
(b)an authorisation given by, or on the application of, that individual under Part III of the Police Act 1997 (c.50) (authorisation of interference with property and wireless telegraphy) insofar as relating to
[F4(i)where that individual is a member of a police force, a police force; or
(ii)where that individual is a police member of the Scottish Crime and Drug Enforcement Agency, that Agency,]
F4but the provisions of this Act or the 1997 Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
(5)For the purposes of this section [F5and section 12A below]F5, the area of operation of a police force is the area for which that force is maintained.
Textual Amendments
F1Words in s. 11(2) inserted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10), ss. 101, 104, {Sch. 6 para. 9(4)(a)}; S.S.I. 2007/84, art. 3(3)
F2S. 11(3) substituted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10), ss. 101, 104, {Sch. 6 para. 9(4)(b)}; S.S.I. 2007/84, art. 3(3)
F3Words in s. 11(4)(a) inserted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10), ss. 101, 104, {Sch. 6 para. 9(4)(c)(i)}; S.S.I. 2007/84, art. 3(3)
F4Words in s. 11(4)(b) substituted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10), ss. 101, 104, {Sch. 6 para. 9(4)(c)(ii)}; S.S.I. 2007/84, art. 3(3)
F5Words in s. 11(5) inserted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp10), ss. 101, 104, {Sch. 6 para. 9(4)(d)}; S.S.I. 2007/84, art. 3(3)
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