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 [F3 National Crime Agency officer], [F4 an officer of Revenue and Customs] [F5 , an immigration officer] [F6 or 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 [F7 for the purpose of preventing or detecting] serious crime, and

[F8 (b) that the taking of the action is proportionate to what the action seeks to achieve.]

[F9 (2A) Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the [F10 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.

[F11 (2AA) Where the authorising officer is the [F12 chair 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.]

(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—

[F13 (za) if the authorising officer is within subsection (5)(a) to (c)—

(i) by a member of the officer's police force; or

(ii) in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 23(1) 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;]

[F14 (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 [F15 subsection] [F16 (5)(e),] [F17 (ea) or (ee)], by a member of his police force,

[F18 (aa) if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the [F19 Royal Navy Police], the Royal Military Police or the Royal Air Force Police;]

[F20 (b) if the authorising officer is within subsection (5)(f), by a [F21 National Crime Agency officer],]

(d) if the authorising officer is within subsection (5)(h), by [F22 an officer of Revenue and Customs] [F23 , F24 ...

[F25 (da) if the authorising officer is within subsection (5)(ha), by an immigration officer;]

(e) if the authorising officer is within subsection (5)(i), by an officer of the [F26 Competition and Markets Authority].]

[F27 (ea) if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.]

F28 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29 (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.]

[F30 (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.]

F31 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 (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), [F32 the conduct] relates to an assigned matter within the meaning of section 1(1) of the M1 Customs and Excise Management Act 1979 [F33 or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence].

(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;

[F34 (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 [F10 Police Service of Northern Ireland];

[F35 (ea) the Chief Constable of the Ministry of Defence Police;

(eb) the Provost Marshal of the [F36 Royal 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 F37 British Transport Police;]

[F38 (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;]

[F39 (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;] F40 ...

[F41 (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;]

[F42 (i) the [F43 chair of the Competition and Markets Authority].]

[F44 (ia) the Police Investigations and Review Commissioner.]

F45 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “relevant area”—

(a) in relation to a person within paragraph (a), (b) or (c) of subsection (5) [F46 to 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;

[F47 (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);]

(b) in relation to a person within paragraph (d) [F48 or (ia) of subsection (5), means Scotland];

(c) in relation to a person within paragraph (e) of that subsection, means Northern Ireland;

[F49 (ca) in relation to a person within paragraph (ea), means any place where, under section 2 of the M3 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;]

F50 (cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case includes the adjacent United Kingdom waters.

[F54 (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 [F55 who 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.

[F56 (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.]

[F57 (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.]

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) 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)

F4 Words 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)

F5 Words 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)

F6 Words 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)

F7 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

F8 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

F9 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

F10 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.

F11 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.

F12 Words 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)

F13 S. 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)

F14 S. 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)

F15 Words 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)

F16 Word 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)

F17 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

F18 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

F19 Words 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)

F20 S. 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))

F21 Words 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)

F22 Words 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)

F23 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.

F24 Word 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)

F25 S. 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)

F26 Words 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)

F27 S. 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)

F28 S. 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)

F29 S. 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)

F30 S. 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)

F31 S. 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)

F32 Words 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)

F33 Words 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)

F34 S. 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)

F35 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

F36 Words 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)

F37 S. 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)

F38 S. 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)

F39 S. 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)

F40 Word 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)

F41 S. 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)

F42 S. 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.

F43 Words 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)

F44 S. 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)

F45 S. 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)

F46 Words 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)

F47 S. 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)

F48 Words 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)

F49 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

F50 S. 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)

F51 S. 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))

F52 S. 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))

F53 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

F54 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

F55 Words 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

F56 S. 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

F57 S. 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)

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 1987 c. 4.

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) [F58 , (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; F59 . . . [F60 or]

(b) if the authorising officer is within paragraph (a) [F61 or (c)] of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F62 ...

F62 (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) [F63 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 [F64 Police Service of Northern Ireland];

[F65 (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 [F66 Royal 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 F67 British Transport Police;]

[F68 (e) where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the [F69 Director General of the National Crime Agency];]

(f) where the authorising officer is within paragraph (h) of that subsection, [F70 by 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.

[F71 (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;]

[F72 (g) where the authorising officer is within paragraph (i) of that subsection, by an officer of the [F73 Competition and Markets Authority] designated by it for the purposes of this section.]

[F74 (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.]

F75 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F77 (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;]

F78 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F79 . . . under section 25 of the M4 City of London Police Act 1839; F80 . . .

F81 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F82 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Words 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

F59 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

F60 Word in s. 94(1)(a) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10

F61 Words 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)

F62 S. 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)

F63 Words 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)

F64 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.

F65 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

F66 Words 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)

F67 S. 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)

F68 S. 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

F69 Words 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)

F70 Words 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)

F71 S. 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)

F72 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.

F73 Words 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)

F74 S. 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)

F75 S. 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)

F76 S. 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)

F77 S. 94(4)(a) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 14 para. 34

F78 S. 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)

F79 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

F80 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

F81 S. 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)

F82 S. 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)

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

C3 S. 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

M4 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 [F83 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 [F83 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) [F84 [F85 , (d), (e)] [F86 or (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) [F87 , (c) [F88 or (d) ]] [F87 or (c)] of section 93(5) by subsections (3), (4) and (5) above.

Textual Amendments

F83 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

F84 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

F85 Words 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)

F86 Words 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

F87 Words 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)

F88 Words 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

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