EXPLANATORY NOTE
(This note is not part of the Order)
This Order consolidates the Orders revoked by article 9 of this Order.
Section 22 of the Regulation of Investigatory Powers Act 2000 (“the Act”) confers powers on a person designated for the purposes of Chapter 2 (acquisition and disclosure of communications data) of Part 1 of that Act. Under section 22(3) of the Act, the designated person may grant an authorisation for persons holding offices, ranks or positions with the same relevant public authority as the designated person to engage in any conduct to which Chapter 2 applies. Under section 22(4), where it appears to the designated person that a postal or telecommunications operator is or may be in possession of, or be capable of obtaining, any communications data (as defined by section 21(4)), the designated person may issue a notice to the operator requiring the operator to obtain the data (if not in possession of it) and to disclose all of the data in his possession or subsequently obtained.
Section 25(1) of the Act defines “relevant public authority” for these purposes. It also confers powers on the Secretary of State to designate additional public authorities for the purpose of that definition. Column (1) of Schedule 2 to this Order, together with article 3(3), exercises this power.
Under section 25(2) of the Act, the persons designated for the purposes of Chapter 2 of Part 1 are individuals holding such offices, ranks or positions with relevant public authorities as are prescribed by order of the Secretary of State. Under section 25(3)(a), restrictions can be placed by such an order on the authorisations under section 22(3) and the notices under section 22(4) that may be granted or given by an individual holding an office, rank or position with a specified public authority. Columns (2) and (3) of Schedules 1 and 2 to this Order, together with articles 4 and 6, exercise this power.
Under section 25(3)(b), the purposes for which such authorisations may be granted or notices may be given may be restricted by order. Column (4) of Schedules 1 and 2 to this Order, together with article 5, exercise this power by reference to the purposes set out in section 22(2) of the Act. Article 2 of this Order exercises the power in section 22(2)(h) to specify additional purposes.
The main substantive changes made to the content of the Orders revoked by this Order are as follows. Part 1 of Schedule 2 specifies one additional relevant public authority: the Northern Ireland Office. Part 2 of Schedule 2 specifies two additional relevant public authorities: the Child Maintenance and Enforcement Commission and the Department of the Environment.