- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (29/04/2021)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 29/06/2021
Point in time view as at 29/04/2021.
Police Act 1997, Cross Heading: Authorisations is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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.
(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 [F3or the Investigatory Powers Act 2016] 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 [F4National Crime Agency officer] [F5giving an authorisation on an application made by virtue of subsection (3)(b)(i)], [F6an officer of Revenue and Customs] [F7, an immigration officer] [F8or the chair of the Competition and Markets Authority] 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 [F9for the purpose of preventing or detecting] [F10—
(i)serious crime, or
(ii)the use of an unmanned aircraft in the commission of a relevant offence], and
[F11(b)that the taking of the action is proportionate to what the action seeks to achieve.]
[F12(2A)Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the [F13Police 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.
[F14(2AA)Where the authorising officer is the [F15chair of the Competition and Markets Authority], 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.]
[F16(2AB)Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]
[F17(2AC)In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]
[F18(2AD)In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]
[F19(2AE)In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]
(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—
[F20(za)if the authorising officer is within subsection (5)(a) to (c)—
(i)by a member of the officer's police force; F21...
(ii)in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under [F22section 22A] of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force; [F23or
(iii)in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));]]
[F24(zb)if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;]
(a)if the authorising officer is within [F25subsection] [F26(5)(e),] [F27(ea) or (ee)], by a member of his police force,
[F28(aa)if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the [F29Royal Navy Police], the Royal Military Police or the Royal Air Force Police;]
[F30(ab)if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;]
[F31(b)if the authorising officer is within [F32subsection (5)(f)—
(i)by] a [F33National Crime Agency officer], [F34or
(ii)in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;]]
(d)if the authorising officer is within subsection (5)(h), by [F35an officer of Revenue and Customs] [F36, F37...
[F38(da)if the authorising officer is within subsection (5)(ha), by an immigration officer;]
[F39(db)in the case of an England and Wales prison authorisation, by—
(i)a prison officer,
(ii)an officer of a young offender institution,
(iii)an officer of a secure training centre, or
(iv)an officer of a secure college,
whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);]
[F40(dc)in the case of a Northern Ireland prison authorisation, by—
(i)a prison officer, or
(ii)a member of custodial staff for a juvenile justice centre,
whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;]
[F41(dd)in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);]
(e)if the authorising officer is within subsection (5)(i), by an officer of the [F42Competition and Markets Authority].]
[F43(ea)if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.]
F44(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F45(3A)For the purposes of subsection (3)(za)(ii)—
(a)a police force is a collaborative force if—
(i)its chief officer of police is a party to the agreement mentioned in that provision; and
(ii)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and
(b)a reference to a police force is to the following—
(i)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
(ii)the metropolitan police force; and
(iii)the City of London police force.]
[F46(3AA)A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force.
(3AB)For the purposes of subsection (3)(b), a police force is a collaborative force if—
(a)its chief officer of police is a party to the agreement mentioned in that provision, and
(b)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision.
Paragraph (b) of subsection (3A) applies for the purposes of this subsection.]
[F47(3ZA)An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.]
F48(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48(3E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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), [F49the conduct] relates to an assigned matter within the meaning of section 1(1) of the M1Customs and Excise Management Act 1979 [F50or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence].
[F51(4A)For the purposes of subsection (2), “relevant offence” means—
(a)an offence under any of these provisions of the Prison Act 1952—
(i)section 39 (assisting a prisoner to escape);
(ii)section 40B (conveyance etc of List A articles into or out of prison);
(iii)section 40C (conveyance etc of List B or C articles into or out of prison);
(iv)section 40CB (throwing articles into prison);
(b)an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—
(i)section 29(1) (assisting escape from lawful custody);
(ii)section 33 (facilitating escape by conveying things into prison);
(iii)section 34A (conveyance etc of List A articles into or out of prison);
(iv)section 34B (conveyance etc of List B or C articles into or out of prison);
(c)an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;
(d)an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—
(i)bringing, throwing or otherwise conveying anything into the institution;
(ii)causing another person to bring, throw or otherwise convey anything into the institution;
(iii)giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution);
(e)an offence under either of these provisions of the Prisons (Scotland) Act 1989—
(i)section 41 (unlawful introduction of proscribed articles into a prison);
(ii)section 41ZA (provision to and use by prisoners of personal communication devices);
(f)an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);
(g)an offence under any of these provisions of the Air Navigation Order 2016—
(i)article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);
(ii)article 239(4) (prohibited or restricted flying);
(iii)article 240 (endangering safety of an aircraft);
(iv)article 241 (endangering safety of any person or property);
(v)article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);
(vi)article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);
(h)an offence under article 265B(3) of the Air Navigation Order 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of that Order—
(i)article 265B(5)(a), (h), (i) or (j);
(ii)article 265B(6);
(iii)article 265B(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;
(iv)article 265B(7)(f), (g) or (i);
(v)article 265B(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.
(4B)The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence.
(4C)The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.]
(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;
[F52(d)the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;]
(e)the Chief Constable or a Deputy Chief Constable of the [F13Police Service of Northern Ireland];
[F53(ea)the Chief Constable of the Ministry of Defence Police;
(eb)the Provost Marshal of the [F54Royal 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 F55British Transport Police;]
[F56(ef)the Chief Constable of the Civil Nuclear Constabulary;]
[F57(f)the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;]
[F58(h)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;] F59...
[F60(ha)an immigration officer 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 Secretary of State;]
[F61(hb)a member of senior management for prisons in England and Wales—
(i)whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and
(ii)who is designated for the purposes of this paragraph by the Secretary of State;]
[F62(hc)a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;]
[F63(hd)a member of senior management for penal institutions in Scotland—
(i)whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and
(ii)who is designated for the purposes of this paragraph by the Scottish Ministers;]
[F64(i) the [F65chair of the Competition and Markets Authority].]
[F66(ia)the Police Investigations and Review Commissioner.]
F67(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section “relevant area”—
(a)in relation to a person within paragraph (a), (b) or (c) of subsection (5) [F68to whom an application is made by virtue of subsection (3)(za)(i)], means the area in England and Wales for which his police force is maintained;
[F69(aa)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—
(i)for which any collaborative force (within the meaning of subsection (3A)) is maintained; and
(ii)which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);]
[F70(ab)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which—
(i)the person's police force is maintained, or
(ii)any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained,
and which is specified in relation to NCA officers in the agreement mentioned in that provision;]
(b)in relation to a person within paragraph (d) [F71or (ia) of subsection (5), means Scotland];
(c)in relation to a person within paragraph (e) of that subsection, means Northern Ireland;
[F72(ca)in relation to a person within paragraph (ea), means any place where, under section 2 of the M3Ministry 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;]
[F73(cbza)in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;]
[F74(cba)in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales—
(i)for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and
(ii)which is specified in relation to members of that force in the agreement mentioned in subsection (3)(b)(ii);]
[F75(cbb)in relation to an England and Wales prison authorisation, means the area of—
(i)a prison in England or Wales,
(ii)a young offender institution in England or Wales,
(iii)a secure training centre in England or Wales, or
(iv)a secure college in England or Wales,
together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;]
[F76(cbc)in relation to a Northern Ireland prison authorisation, means the area of—
(i)a prison in Northern Ireland,
(ii)a young offenders centre in Northern Ireland,
(iii)a remand centre in Northern Ireland, or
(iv)a juvenile justice centre in Northern Ireland,
together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;]
[F77(cbd)in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;]
F78(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F79(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F80(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F81(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in each case includes the adjacent United Kingdom waters.
[F82(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 [F83who 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.
[F84(6B)In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.]
[F85(6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, any of these enactments—
(i)the British Nationality Act 1981;
(ii)the Hong Kong Act 1985;
(iii)the Hong Kong (War Wives and Widows) Act 1996;
(iv)the British Nationality (Hong Kong) Act 1997;
(v)the British Overseas Territories Act 2002;
(vi)an instrument made under any of those Acts.]
(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.]
[F86(8)In this section—
“England and Wales prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hb);
“contracted out institution” means—
a prison or young offender institution that is a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act and the definition of “prison” in section 92(1) of that Act),
a contracted out secure training centre within the meaning of sections 7 to 14 of the Criminal Justice and Public Order Act 1994 (see section 15 of that Act), or
a contracted-out secure college within the meaning of Schedule 10 to the Criminal Justice and Courts Act 2015 (see paragraph 1 of that Schedule);
“contracted out Scottish penal institution” means a penal institution for the running of which a contract under section 106 of the Criminal Justice and Public Order Act 1994 is for the time being in force;
“member of custodial staff for a juvenile justice centre” means a person who is authorised by the managers of a juvenile justice centre to take charge of a person detained by them;
“member of senior management for penal institutions in Scotland” means a person—
who is a member of staff of the Scottish Administration of a seniority designated for the purposes of this section by the Scottish Ministers, and
whose duties are exercisable in relation to penal institutions in Scotland generally, or any type of such institutions;
“member of senior management for prisons in England and Wales” means a person—
who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and
whose duties as a senior official are exercisable in relation to prisons, young offender institutions, secure training centres or secure colleges in England and Wales;
“member of senior management for prisons in Northern Ireland” means a person—
who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and
whose duties as a senior official are exercisable in relation to prisons, young offenders centres, remand centres or juvenile justice centres in Northern Ireland;
“Northern Ireland prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hc);
“Northern Ireland prison officer” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 (including any person whose duties are exercisable in relation to a young offenders centre or remand centre in Northern Ireland);
“penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016;
“prison”, in relation to Northern Ireland, has the meaning given in section 47(1A) of the Prison Act (Northern Ireland) 1953;
“prisoner”, in relation to a penal institution, means a person who is detained or imprisoned in such an institution;
“relevant England and Wales institution”, in relation to an England and Wales prison authorisation, means the prison, young offender institution, secure training centre or secure college in England and Wales to which the authorisation relates;
“relevant Northern Ireland institution”, in relation to a Northern Ireland prison authorisation, means the prison, young offenders centre, remand centre or juvenile justice centre in Northern Ireland to which the authorisation relates;
“relevant Scottish penal institution”, in relation to a Scottish penal institution authorisation, means the penal institution in Scotland to which the authorisation relates;
“Scottish penal institution authorisation” means an authorisation where the authorising officer is within subsection (5)(hd);
“Scottish prison officer” means a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;
“unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.]
Textual Amendments
F1S. 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
F2S. 93(1A)(1B) inserted (25.9.2000) by 2000 c. 23, s. 75(3) (with s. 82(3)); S.I. 2000/2543, art. 2
F3Words in s. 93(1A) inserted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 1 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(i)
F4Words in s. 93(1B) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 56(2); S.I. 2013/1682, art. 3(v)
F5Words in s. 93(1B) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(2)
F6Words in s. 93(1B) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(a); S.I. 2008/219, art. 2(b)
F7Words in s. 93(1B) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(2) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F8Words in s. 93(1B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 116(2) (with art. 3)
F9Words 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
F10Words in s. 93(2)(a) substituted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(2); S.I. 2021/748, reg. 2(k)
F11S. 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
F12S. 93(2A)(2B) inserted (25.9.2000) by 2000 c. 23, s. 75(5) (with s. 82(3)); S.I. 2000/2543, art. 2
F13Words 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.
F14S. 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.
F15Words in s. 93(2AA) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 116(3) (with art. 3)
F16S. 93(2AB) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(3); S.I. 2021/748, reg. 2(k)
F17S. 93(2AC) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(4); S.I. 2021/748, reg. 2(k)
F18S. 93(2AD) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(5); S.I. 2021/748, reg. 2(k)
F19S. 93(2AE) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(6); S.I. 2021/748, reg. 2(k)
F20S. 93(3)(za) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(2), 116(1); S.I. 2009/3096, art. 3(a)
F21Word in s. 93(3)(za)(i) omitted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(a)
F22Words in s. 93(3)(za)(ii) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(b)
F23S. 93(3)(za)(iii) and word inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(c)
F24S. 93(3)(zb) inserted (E.W.N.I.) (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. 1 para. 6(2)(a)(i); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F25Words in s. 93(3)(a) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(3), 116(1); S.I. 2009/3096, art. 3(a)
F26Word in s. 93(3)(a) substituted (E.W.N.I.) (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. 1 para. 6(2)(a)(ii); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F27Words 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
F28S. 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
F29Words in s. 93(3)(aa) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(2); S.I. 2007/1442, art. 2(1)
F30S. 93(3)(ab) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(7); S.I. 2021/748, reg. 2(k)
F31S. 93(3)(b) substituted for s. 93(3)(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 97(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(3))
F32Words in s. 93(3)(b) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(d)(i)
F33Words in s. 93(3)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 56(2); S.I. 2013/1682, art. 3(v)
F34S. 93(3)(b)(ii) and word inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(d)(ii)
F35Words in s. 93(3)(d) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(b); S.I. 2008/219, art. 2(b)
F36S. 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.
F37Word in s. 93(3)(d) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(3)(a) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F38S. 93(3)(da) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(3)(b) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F39S. 93(3)(db) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(8); S.I. 2021/748, reg. 2(k)
F40S. 93(3)(dc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(9); S.I. 2021/748, reg. 2(k)
F41S. 93(3)(dd) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(10); S.I. 2021/748, reg. 2(k)
F42Words in s. 93(3)(e) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 116(4) (with art. 3)
F43S. 93(3)(ea) inserted (E.W.N.I.) (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. 1 para. 6(2)(a)(iii); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(a)(iii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F44S. 93(3)(f) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F45S. 93(3A) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(4), 116(1); S.I. 2009/3096, art. 3(a)
F46S. 93(3AA)(3AB) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(4)
F47S. 93(3ZA) inserted (E.W.N.I.) (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. 1 para. 6(2)(b); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F48S. 93(3B)-(3E) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F49Words in s. 93(4) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(4)(a) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F50Words in s. 93(4) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(4)(b) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F51S. 93(4A)-(4C) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(11); S.I. 2021/748, reg. 2(k)
F52S. 93(5)(d) substituted (E.W.N.I.) (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. 1 para. 6(2)(c)(i); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(c)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F53S. 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
F54Words in s. 93(5)(eb) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(3); S.I. 2007/1442, art. 2(1)
F55S. 93 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
F56S. 93(5)(ef) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(12); S.I. 2021/748, reg. 2(k)
F57S. 93(5)(f) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 56(3); S.I. 2013/1682, art. 3(v)
F58S. 93(5)(h) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(c); S.I. 2008/219, art. 2(b)
F59Word in s. 93(5)(h) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(5) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F60S. 93(5)(ha) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(1), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(d)
F61S. 93(5)(hb) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(13); S.I. 2021/748, reg. 2(k)
F62S. 93(5)(hc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(14); S.I. 2021/748, reg. 2(k)
F63S. 93(5)(hd) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(15); S.I. 2021/748, reg. 2(k)
F64S. 93(5)(i) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(d), 279; S.I. 2003/1397, art. 2(1), Sch.
F65Words in s. 93(5)(i) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 116(5) (with art. 3)
F66S. 93(5)(ia) inserted (E.W.N.I.) (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. 1 para. 6(2)(c)(ii); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(c)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F67S. 93(5)(j) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F68Words in s. 93(6)(a) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(5)(a), 116(1); S.I. 2009/3096, art. 3(a)
F69S. 93(6)(aa) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(5)(b), 116(1); S.I. 2009/3096, art. 3(a)
F70S. 93(6)(ab) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(5)(a)
F71Words in s. 93(6)(b) substituted (E.W.N.I.) (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. 1 para. 6(2)(d); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(d); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F72S. 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
F73S. 93(6)(cbza) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(16); S.I. 2021/748, reg. 2(k)
F74S. 93(6)(cba) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(5)(b)
F75S. 93(6)(cbb) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(17); S.I. 2021/748, reg. 2(k)
F76S. 93(6)(cbc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(18); S.I. 2021/748, reg. 2(k)
F77S. 93(6)(cbd) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(19); S.I. 2021/748, reg. 2(k)
F78S. 93(6)(cc) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F79S. 93(6)(d) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 97(5), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(3))
F80S. 93(6)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 97(5), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(3))
F81S. 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
F82S. 93(6A)(6B) inserted (25.9.2000) by 2000 c. 23, s. 75(8) (with s. 82(3)); S.I. 2000/2543, art. 2
F83Words in s. 93(6A)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F84S. 93(6B) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F85S. 93(6C) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(6) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F86S. 93(8) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(20); S.I. 2021/748, reg. 2(k)
Modifications etc. (not altering text)
C1S. 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
(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) [F87 , (e) or (f)] 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; F88. . . F89...
(b)if the authorising officer is within paragraph (a) [F90or (c)] of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F91 ...
[F92(ba)in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;]
[F93(bb)in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or]
[F94(bc)in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.]
F91(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) [F95or (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 [F96Police Service of Northern Ireland];
[F97(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 [F98Royal Navy Police];
(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 F99British Transport Police;]
[F100(de)where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;]
[F101(e)where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the [F102Director General of the National Crime Agency];]
(f)where the authorising officer is within paragraph (h) of that subsection, [F103by 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 by the Commissioners for Her Majesty's Revenue and Customs] for the purposes of this section.
[F104(fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;]
[F105(fb)in the case of an England and Wales prison authorisation, by a person—
(i)who is a member of 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),
(ii)whose duties are exercisable in relation to the relevant England and Wales institution, and
(iii)who is designated for the purposes of this paragraph by the Secretary of State;]
[F106(fc)in the case of a Northern Ireland prison authorisation, by a person—
(i)who is a member of the Northern Ireland Civil Service,
(ii)whose duties are exercisable in relation to the relevant Northern Ireland institution, and
(iii)who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;]
[F107(fd)in the case of a Scottish penal institution authorisation, by a person—
(i)who is a member of staff of the Scottish Administration,
(ii)whose duties are exercisable in relation to the relevant Scottish penal institution, and
(iii)who is designated for the purposes of this paragraph by the Scottish Ministers;]
[F108(g)where the authorising officer is within paragraph (i) of that subsection, by an officer of the [F109Competition and Markets Authority] designated by it for the purposes of this section.]
[F110(ga)where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.]
F111(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In subsection (1), “designated deputy”—
[F113(a)in the case of an authorising officer within paragraph (a) of section 93(5), means—
(i)the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or
(ii)the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;]
F114(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F115. . . under section 25 of the M4City of London Police Act 1839; F116. . .
[F117(ba)in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;]
[F118(bb)in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;]
[F119(bc)in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.]
F120(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F121(4A)In this section “England and Wales prison authorisation”, “member of senior management for prisons in England and Wales” and “relevant England and Wales institution” have the same meanings as in section 93.]
[F122(4B)In this section “member of senior management for prisons in Northern Ireland”, “Northern Ireland prison authorisation” and “relevant Northern Ireland institution” have the same meanings as in section 93.]
[F123(4C)In this section, “member of senior management for penal institutions in Scotland”, “Scottish penal institution authorisation” and “relevant Scottish penal institution” have the same meanings as in section 93.]
F124(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F87Words in s. 94(1)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10
F88Word 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
F89Word in s. 94(1)(a) omitted (29.4.2021 for specified purposes) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(2)(a)
F90Words in s. 94(1)(b) substituted (E.W.N.I.) (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. 1 para. 6(3)(a); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(3)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F91S. 94(1)(c) and word repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(d), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F92S. 94(1)(ba) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(2)(b)
F93S. 94(1)(bb) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(3)
F94S. 94(1)(bc) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(4)
F95Words in s. 94(2)(a) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F96Words 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.
F97S. 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
F98Words in s. 94(2)(db) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 147; S.I. 2007/1442, art. 2(1)
F99S. 94 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
F100S. 94(2)(de) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(5)
F101S. 94(2)(e) substituted for s. 94(2)(e)(ea) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(3); S.I. 2006/378, art. 4(1), Sch. para. 10
F102Words in s. 94(2)(e) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 57; S.I. 2013/1682, art. 3(v)
F103Words in s. 94(2)(f) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 2; S.I. 2008/219, art. 2(b)
F104S. 94(2)(fa) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 3 (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F105S. 94(2)(fb) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(6)
F106S. 94(2)(fc) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(7)
F107S. 94(2)(fd) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(8)
F108S. 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.
F109Words in s. 94(2)(g) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 117 (with art. 3)
F110S. 94(2)(ga) inserted (E.W.N.I.) (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. 1 para. 6(3)(b); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(3)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F111S. 94(2)(h) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F112S. 94(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F113S. 94(4)(a) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 14 para. 34
F114S. 94(4)(aa) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F115Words 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
F116Word 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
F117S. 94(4)(ba) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(9)
F118S. 94(4)(bb) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(10)
F119S. 94(4)(bc) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(11)
F120S. 94(4)(c) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F121S. 94(4A) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(12)
F122S. 94(4B) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(13)
F123S. 94(4C) inserted (29.4.2021 for specified purposes) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(14)
F124S. 94(5)-(7) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Modifications etc. (not altering text)
C2S. 94 applied (prosp.) by 2000 c. 23, ss. 49, 83(2), Sch. 2 para. 2(7) (with s. 82(3))
C3S. 94 applied (1.10.2007) by Regulation of Investigatory Powers Act 2000 (c. 23), s. 83(2), Sch. 2 para. 2(7) (with s. 82(3)); S.I. 2007/2196, art. 2(a)
Marginal Citations
(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 [F125the 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 [F125the 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) [F126[F127, (d), (e)] [F128or (f)]] 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) [F129, (c) [F130or (d) ]] [F129or (c)] of section 93(5) by subsections (3), (4) and (5) above.
Textual Amendments
F125Words 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
F126Words 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
F127Words in s. 95(6) substituted (E.W.N.I) (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. 1 para. 6(4); and (S.) (1.4.2013) by virtue of Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(4)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F128Words in s. 95(6) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 99(2); S.I. 2006/378, art. 4(1), Sch. para. 10
F129Words in s. 95(7) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(4)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F130Words in s. 95(7) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 99(3); S.I. 2006/378, art. 4(1), Sch. para. 10
(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 [F131Investigatory Powers Commissioner], give notice in writing that he has done so to [F132a Judicial Commissioner].
(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 [F133a Judicial 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.
Textual Amendments
F131Words in s. 96(1) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F132Words in s. 96(1) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F133Words in s. 96(4) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
Modifications etc. (not altering text)
C4S. 96 excluded (26.9.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 8 para. 24(1)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 3(g)(ii)
Commencement Information
I1S. 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
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