Regulation of Investigatory Powers Act 2000

Section 82.

SCHEDULE 4 Consequential amendments

The Post Office Act 1953 (c. 36)

1 In section 58(1) of the [1953 c. 36.] Post Office Act 1953 (opening or delaying of postal packets by officers of Post Office), after “the Interception of Communications Act 1985” there shall be inserted “or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000”.

The Post Office Act 1969 (c. 48)

2 In paragraph 1(1) of Schedule 5 to the [1969 c. 48.] Post Office Act 1969 (repair of minor deficiencies in certain Acts), for the words from “in obedience” to the end of the sub-paragraph there shall be substituted “under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000, under section 11(9) of that Act or in pursuance of a requirement imposed by the Interception of Communications Commissioner under section 58(1) of that Act or imposed by section 68(6) of that Act or by or in accordance with any rules under section 69 of that Act.”

The Telecommunications Act 1984 (c. 12)

3 In section 45 of the [1984 c. 12.] Telecommunications Act 1984 (offence of disclosing of messages and use of telecommunication system), for subsections (2) and (3) there shall be substituted—

“(2) Subsection (1) above does not apply to any disclosure made—

(a) in accordance with the order of any court or for the purposes of any criminal proceedings;

(b) in accordance with any warrant, authorisation or notice issued, granted or given under any provision of the Regulation of Investigatory Powers Act 2000;

(c) in compliance with any requirement imposed (apart from that Act) in consequence of the exercise by any person of any statutory power exercisable by him for the purpose of obtaining any document or other information; or

(d) in pursuance of any duty under that Act of 2000, or under Part III of the [1997 c. 50.] Police Act 1997, to provide information or produce any document to the Interception of Communications Commissioner or to the tribunal established under section 65 of that Act of 2000.

(3) In subsection (2) above “criminal proceedings” and “statutory power” have the same meanings as in the Regulation of Investigatory Powers Act 2000.”

The Security Service Act 1989 (c. 5)

4 (1) In section 1 of the [1989 c. 5.] Security Service Act 1989 (functions of the Security Service), after subsection (4) there shall be inserted—

“(5) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.”

(2) In section 2(2)(a) of that Act (duty of Director General to secure that information not disclosed except for authorised purposes), for “preventing or detecting” there shall be substituted “the prevention or detection of”.

The Official Secrets Act 1989 (c. 6)

5 In section 4(3)(a) of the [1989 c. 6.] Official Secrets Act 1989 (offence of disclosing interception information), after “1985” there shall be inserted “or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000”.

The Intelligence Services Act 1994 (c. 13)

6 In section 11 of the [1994 c. 13.] Intelligence Services Act 1994 (interpretation), after subsection (1) there shall be inserted—

“(1A) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act.”

The Criminal Procedure and Investigations Act 1996 (c. 25)

7 (1) In each of sections 3(7), 7(6), 8(6) and 9(9) of the [1996 c. 25.] Criminal Procedure and Investigations Act 1996 (exceptions for interceptions from obligations to make disclosures to the defence), for paragraphs (a) and (b) there shall be substituted “it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000.”

(2) In section 23(6) of that Act (code of practice not to apply to material intercepted under the Interception of Communications Act 1985), after “1985” there shall be inserted “or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000”.

The Police Act 1997 (c. 50)

8 (1) In section 91(9) of the [1997 c. 50.] Police Act 1997 (staff for Surveillance Commissioners)—

(a) after “Chief Commissioner” there shall be inserted “and subject to the approval of the Treasury as to numbers”; and

(b) after “Commissioners” there shall be inserted “and any Assistant Surveillance Commissioners holding office under section 63 of the Regulation of Investigatory Powers Act 2000”.

(2) In section 93(3) of that Act (persons who may make an application to an authorising officer within section 93(5))—

(a) in paragraph (a), for “(e)” there shall be substituted “(ea) or (ee)”; and

(b) after that paragraph there shall be inserted—

“(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;”.

(3) In section 94(1) of that Act (circumstances in which authorisations may be given in absence of authorising officer), in paragraph (b), for “, (f), (g) or (h)” there shall be substituted “or (f)”, and after that paragraph there shall be inserted “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.”

(4) In section 94(2) of that Act (persons who may act in absence of the authorising officer)—

(a) after paragraph (d), there shall be inserted—

“(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;”;

(b) in paragraph (e), the words “or (g)” and “or, as the case may be, of the National Crime Squad” shall be omitted; and

(c) after that paragraph, there shall be inserted—

“(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;”.

(5) In section 94(3) of that Act (rank of police members of the National Crime Intelligence Squad and National Crime Squad entitled to act), after “(2)(e)” there shall be inserted “or (2)(ea)”.

(6) In section 95 of that Act (authorisations: form and duration etc.)—

(a) in each of subsections (4) and (5), for the words from “the action” onwards there shall be substituted “the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.”; and

(b) in subsection (6), for “or (e)” there shall be substituted “, (e) or (g)”.

(7) In section 97 of that Act (authorisations requiring approval), in subsection (6), the words from “(and paragraph 7” onwards shall be omitted, and after that subsection there shall be inserted—

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

(8) In section 103(7) of that Act (quashing authorisations), for the words from “and paragraph 7” onwards there shall be substituted “and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.”

(9) In section 105 of that Act (appeals by authorising officers: supplementary), in subsection (1)(a), the word “and” shall be inserted at the end of sub-paragraph (i), and sub-paragraph (iii) and the word “and” immediately preceding it shall be omitted.

(10) In section 107 of that Act—

(a) in subsection (2) (report of Chief Surveillance Commissioner on the discharge of his functions under Part III of that Act)—

(i) for “the discharge of functions under this Part” there shall be substituted “the matters with which he is concerned”; and

(ii) for “any matter relating to those functions” there shall be substituted “anything relating to any of those matters”;

(b) in subsection (4) (matters that may be excluded from a report), for “the prevention or detection of serious crime or otherwise” there shall be substituted “any of the purposes for which authorisations may be given or granted under this Part of this Act 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 or”; and

(c) after subsection (5) (duty to co-operate with the Chief Surveillance Commissioner) there shall be inserted the subsections set out in sub-paragraph (11).

(11) The subsections inserted after subsection (5) of section 107 of that Act are as follows—

“(5A) It shall be the duty of—

(a) every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Chief Commissioner,

(b) every person who has engaged in conduct with the authority of such an authorisation,

(c) every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a),

(d) every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II of the Regulation of Investigatory Powers Act 2000) activities which are or may be subject to any such review have been or may be carried out, and

(e) every person to whom a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (notices imposing a disclosure requirement in respect of information protected by a key) has been given in relation to any information obtained by conduct to which such an authorisation relates,

to disclose or provide to the Chief Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.

(5B) It shall be the duty of every Commissioner to give the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 all such assistance (including his opinion as to any issue falling to be determined by that tribunal) as that tribunal may require—

(a) in connection with the investigation of any matter by that tribunal; or

(b) otherwise for the purposes of that tribunal’s consideration or determination of any matter.

(5C) In this section “public authority” means any public authority within the meaning of section 6 of the [1998 c. 42.] Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.”

(12) In section 108(1) of that Act after “In this Part—” there shall be inserted—

““Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;”.

(13) In Part VII of that Act, before section 134 there shall be inserted—

“133A Meaning of “prevention” and “detection”

Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.”

The Northern Ireland Act 1998 (c. 47)

9 In paragraph 17(b) of Schedule 2 to the [1998 c. 47.] Northern Ireland Act 1998 (excepted matters), for “the Interception of Communications Act 1985” there shall be substituted “Chapter I of Part I of the Regulation of Investigatory Powers Act 2000”.

The Electronic Communications Act 2000 (c. 7)

10 In section 4(2) of the [2000 c. 7.] Electronic Communications Act 2000 (exception to rules restricting disclosure of information obtained under Part I of that Act), for the word “or” at the end of paragraph (e) there shall be substituted—

“(ea) for the purposes of any proceedings before the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000; or”.

The Financial Services and Markets Act 2000 (c. 8)

11 In section 394(7) of the [2000 c. 8.] Financial Services and Markets Act 2000 (exclusion of material from material of the Authority to which a person must be allowed access), for paragraphs (a) and (b) there shall be substituted—

“(a) is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000; or”

The Terrorism Act 2000 (c. 11)

12 (1) In section 9(2)(d) of the [2000 c. 11.] Terrorism Act 2000 (proceedings under the [2000 c. 11.] Human Rights Act 1998), for “8” there shall be substituted “7”.

(2) In each of paragraphs 6(3) and 7(5) of Schedule 3 to that Act (references to an organisation and representative in paragraphs 5 and 8 of that Schedule), for “paragraphs 5 and 8” there shall be substituted “paragraph 5”.