Police Act 1997

Authorisations U.K.

92 Effect of authorisation under Part III. U.K.

No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by an authorisation having effect under this Part.

93 Authorisations to interfere with property etc. U.K.

(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,

F1 [(ab) 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.

[F2 (1A) 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 customs officer [F3 or 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 [F4 for the purpose of preventing or detecting] serious crime, and

[F5 (b) that the taking of the action is proportionate to what the action seeks to achieve.]

[F6 (2A) Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the [F7 Police 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.

[F8 (2AA) 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 [F9 (ea) or (ee)], by a member of his police force,

[F10 (aa) if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police;]

(b) if the authorising officer is within subsection (5)(f), by a member of the National Criminal Intelligence Service,

(c) if the authorising officer is within subsection (5)(g), by a member of the National Crime Squad, or

(d) if the authorising officer is within subsection (5)(h), by a customs officer [F11 , or

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

(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 M1 Customs 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 M2 Police 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 M3 Police (Scotland) Act 1967 (maintenance of police forces for areas in Scotland);

(e) the Chief Constable or a Deputy Chief Constable of the [F7 Police Service of Northern Ireland];

[F12 (ea) the Chief Constable of the Ministry of Defence Police;

(eb) the Provost Marshal of the Royal Navy Regulating Branch;

(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 British Transport Police;]

(f) the Director General of the National Criminal Intelligence Service;

(g) the Director General of the National Crime Squad [F13 or any person holding the rank of assistant chief constable in that Squad who is designated for the purposes of this paragrapgh by that Director General]; or

(h) [F14 any] customs officer designated by the Commissioners of Customs and Excise for the purposes of this paragraph [F15 ; or

(i) the chairman of the Office of Fair Trading.]

(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;

[F16 (ca) in relation to a person within paragraph (ea), means any place where, under section 2 of the M4 Ministry 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;]

(d) in relation to the Director General of the National Criminal Intelligence Service, means the United Kingdom;

(e) in relation to the Director General of the National Crime Squad, means England and Wales; F17 . . .

F17 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case includes the adjacent United Kingdom waters.

[F18 (6A) 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 subject to service discipline; or

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

(6B) For the purposes of this section a person is subject to service discipline—

(a) in relation to the Royal Navy Regulating Branch, if he is subject to the M5 Naval Discipline Act 1957 or is a civilian to whom Parts I and II of that Act for the time being apply by virtue of section 118 of that Act ;

(b) in relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the M6 Army Act 1955 for the time being applies by virtue of section 209 of that Act; and

(c) 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 M7 Air Force Act 1955 for the time being applies by virtue of section 209 of that Act.]

(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.

Textual Amendments

F1 S. 93(1)(ab) substituted for word “or” (25.9.2000) by 2000 c. 23, s. 75(2) (with s. 82(3)); S.I. 2000/2543, art. 2

F2 S. 93(1A)(1B) inserted (25.9.2000) by 2000 c. 23, s. 75(3) (with s. 82(3)); S.I. 2000/2543, art. 2

F3 Words in s. 93(1B) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(a), 279; S.I. 2003/1397, art. 2(1), Sch.

F4 Words in s. 93(2)(a) substituted (25.9.2000) by 2000 c. 23, s. 75(4)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F5 S. 93(2)(b) substituted (25.9.2000) by 2000 c. 23, s. 75(4)(b) (with s. 82(3)); S.I. 2000/2543, art. 2

F6 S. 93(2A)(2B) inserted (25.9.2000) by 2000 c. 23, s. 75(5) (with s. 82(3)); S.I. 2000/2543, art. 2

F7 Words in s. 93(2A)(5)(e) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F8 S. 93(2AA) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(b), 279; S.I. 2003/1397, art. 2(1), Sch.

F9 Words in s. 93(3)(a) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(2)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F10 S. 93(3)(aa) inserted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 8(2)(b) (with s. 82(3)); S.I. 2000/2543, art. 2

F11 S. 93(3)(e) and word inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(c), 279; S.I. 2003/1397, art. 2(1), Sch.

F12 S. 93(5)(ea)-(ee) inserted (25.9.2000) by 2000 c. 23, s. 75(6)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F13 Words in s. 93(5)(g) inserted (25.9.2000) by 2000 c. 23, s. 75(6)(b) (with s. 82(3)); S.I. 2000/2543, art. 2

F14 Word in s. 93(5)(h) substituted (25.9.2000) by 2000 c. 23, s. 75(6)(c) (with s. 82(3)); S.I. 2000/2543, art. 2

F15 S. 93(5)(i) and word inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(d), 279; S.I. 2003/1397, art. 2(1), Sch.

F16 S. 93(6)(ca)(cb) inserted (25.9.2000) by 2000 c. 23, s. 75(7) (with s. 82(3)); S.I. 2000/2543, art. 2

F17 S. 93(6)(f) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F18 S. 93(6A)(6B) inserted (25.9.2000) by 2000 c. 23, s. 75(8) (with s. 82(3)); S.I. 2000/2543, art. 2

Modifications etc. (not altering text)

C1 S. 93 amended (S.) (29.9.2000) by 2000 asp 11, s. 23(5) (with s. 30); S.S.I. 2000/341, art. 2

Marginal Citations

M1 1979 c. 2.

M2 1996 c. 16.

M3 1967 c. 77.

M4 1987 c. 4.

M5 1957 c. 53.

M6 1955 c. 18.

M7 1955 c. 19.

94 Authorisations given in absence of authorising officer. U.K.

(1) Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—

(a) if the authorising officer is within paragraph (b) or (e) of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; F19 . . .

(b) if the authorising officer is within paragraph (a), (c), (d) [F20 or (f)] of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy [F21 or

(c) if the authorising officer is within paragraph (g) of section 93(5), it is also not reasonably practicable for the application to be considered either—

(i) by any other person designated for the purposes of that paragraph; or

(ii) by the designated deputy of the Director General of the National Crime Squad.]

(2) Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—

(a) where the authorising officer is within paragraph (a) or (d) of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;

(b) where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;

(c) where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;

(d) where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the [F22 Police Service of Northern Ireland];

[F23 (da) where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;

(db) where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the Royal Navy Regulating Branch;

(dc) where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;

(dd) where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the British Transport Police;]

(e) where the authorising officer is within paragraph (f) F24 . . . of that subsection by a person designated for the purposes of this section by the Director General of the National Criminal Intelligence Service F24 . . .;

[F25 (ea) where the authorising officer is within paragraph (g) of that subsection, by a person designated for the purposes of this paragraph by the Director General of the National Crime Squad as a person entitled to act in an urgent case;]

(f) where the authorising officer is within paragraph (h) of that subsection, by a customs officer designated by the Commissioners of Customs and Excise for the purposes of this section.

[F26 (g) where the authorising officer is within paragraph (i) of that subsection, by an officer of the Office of Fair Trading designated by it for the purposes of this section.]

(3) A police member of the National Criminal Intelligence Service or the National Crime Squad appointed under section 9(1)(b) or 55(1)(b) may not be designated under subsection (2)(e) [F27 or (2)(ea)] unless—

[F28 he holds the rank of assistant chief constable in that Service or Squad].

(4) In subsection (1), “designated deputy”—

(a) in the case of an authorising officer within paragraph (a) or (d) of section 93(5), means the person holding the rank of assistant chief constable designated to act F29 . . . under section 12(4) of the M8 Police Act 1996 or, as the case may be, section 5(4) of the M9 Police (Scotland) Act 1967;

(b) in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F29 . . . under section 25 of the M10 City of London Police Act 1839; F30 . . .

(c) in the case of an authorising officer within paragraph (f) or (g) of section 93(5), means the person designated to act F29 . . . under section 8 or 54 F31 . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Word at the end of s. 94(1)(a) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F20 Words in s. 94(1) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(3) (with s. 82(3)); S.I. 2000/2543, art. 2

F21 S. 94(1)(c) and the word “or” immediately preceding it inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(3) (with s. 82(3)); S.I. 2000/2543, art. 2

F22 Words in s. 94(2)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F23 S. 94(2)(da)-(dd) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(4)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F24 Words in s. 94(2)(e) repealed (25.9.2000) by 2000 c. 23, s. 82(1)(2), Sch. 4 para. 8(4)(b), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F25 S. 94(2)(ea) inserted (25.9.2000) by 2000 c. 23, s.82(1), Sch. 4 para. 8(4)(c) (with s. 82(3)); S.I. 2000/2543, art. 2

F26 S. 94(2)(g) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(3), 279; S.I. 2003/1397, art. 2(1), Sch.

F27 Words in s. 94(3) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(5) (with s. 82(3)); S.I. 2000/2543, art. 2

F28 Words in s. 94(3) substituted (for s. 94(3)(a)(b)) (30.9.1998) by 1998 c. 37, s. 113(2); S.I. 1998/2327, art. 2

F29 Words in s. 94(4) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F30 Word in s. 94(4) repealed (30.9.1998) by 1998 c. 37, s. 113(3), s. 120(2), Sch. 10; S.I. 1998/2327, art. 2

F31 S. 94(4)(d) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

Modifications etc. (not altering text)

C2 S. 94 applied (prosp.) by 2000 c. 23, ss. 49, 83(2), Sch. 2 para. 2(7) (with s. 82(3))

Marginal Citations

M8 1996 c. 16.

M9 1967 c. 77.

M10 1839 c. xciv.

95 Authorisations: form and duration etc. U.K.

(1) An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.

(2) An authorisation shall, unless renewed under subsection (3), cease to have effect—

(a) if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;

(b) in any other case, at the end of the period of three months beginning with the day on which it took effect.

(3) If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.

(4) A person shall cancel an authorisation given by him if satisfied that [F32 the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.]

(5) An authorising officer shall cancel an authorisation given in his absence if satisfied that [F32 the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.].

(6) If the authorising officer who gave the authorisation is within paragraph (b) [F33 , (e) or (g)] of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.

(7) Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a), (c), (d), (f) or (g) of section 93(5) by subsections (3), (4) and (5) above.

Textual Amendments

F32 Words in s. 95(4)(5) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(6)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F33 Words in s. 95(6) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(6)(b) (with s. 82(3)); S.I. 2000/2543, art. 2

96 Notification of authorisations etc. U.K.

(1) Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the Chief Commissioner, give notice in writing that he has done so to a Commissioner appointed under section 91(1)(b).

(2) Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.

(3) A notice under this section of the giving or renewal of an authorisation shall specify—

(a) whether section 97 applies to the authorisation or renewal, and

(b) where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.

(4) Where a notice is given to a Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.

(5) An order under subsection (2) shall be made by statutory instrument.

(6) A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

Commencement Information

I1 S. 96 wholly in force at 22.2.1999; s. 96 not in force at Royal Assent see s. 135; s. 96 in force for certain purposes at 1.9.1997 by S.I. 1997/1930, art. 2(with art. 2(3)); s. 96 in force at 22.2.1999 insofar as not already in force by S.I. 1999/151, art. 2