Modifications etc. (not altering text)
C1Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2
C2Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)
C3Pt. III modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2
(1)The Chief Commissioner shall keep under review the performance of functions under this Part.
(2)The Chief Commissioner shall make an annual report on [F1the matters with which he is concerned] to the Prime Minister [F2and to the Scottish Ministers] and may at any time report to him [F2or them (as the case may require)] on [F1anything relating to any of those matters].
(3)The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Chief Commissioner under subsection (2) together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.
[F3(3A)The Scottish Ministers shall lay before the Scottish Parliament a copy of each annual report made by the Chief Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.]
(4)The Prime Minister may exclude a matter from the copy of a report as laid before each House of Parliament, if it appears to him, after consultation with the Chief Commissioner [F4and the Scottish Ministers], that the publication of that matter in the report would be prejudicial to [F5any of the purposes for which authorisations may be given or granted under this Part of this Act or Part II of the Regualtion 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] to the discharge of—
(a)the functions of any [F6local policing body or] [F7the Scottish Police Authority],
(b)the functions of the [F8National Crime Agency], or
[F9(bza)the functions of the Police Investigations and Review Commissioner under section 33A(b)(i) of the Police, Public Order and Criminal Justice (Scotland) Act 2006,]
F10(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the duties of [F11the Commissioners for Her Majesty's Revenue and Customs.]
[F12(d)the functions of the Secretary of State relating to immigration.]
(5)Any person having functions under this Part, and any person taking action in relation to which an authorisation was given, shall comply with any request of a Commissioner for documents or information required by him for the purpose of enabling him to discharge his functions.
[F13(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 M1Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.]
F14(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 107(2) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(10)(a)(i)(ii) (with s. 82(3)); S.I. 2000/2543, art. 2
F2Words in s. 107(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(a)(i)(ii); S.I. 1998/3178, art. 3
F3S. 107(3A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(b); S.I. 1998/3178, art. 3
F4Words in s. 107(4) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(c); S.I. 1998/3178, art. 3
F5Words in s. 107(4) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(10)(b) (with s. 82(3)); S.I. 2000/2543, art. 2
F6Words in s. 107(4)(a) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 222; S.I. 2011/3019, art. 3, Sch. 1
F7Words in s. 107(4)(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(6)(a); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(6)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F8Words in s. 107(4)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 59; S.I. 2013/1682, art. 3(v)
F9S. 107(4)(bza) 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(6)(b); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(6)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F10S. 107(4)(ba) 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)
F11Words in s. 107(4)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 3; S.I. 2008/219, art. 2(b)
F12S. 107(4)(d) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 4 (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F13S. 107(5A)-(5C) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(10)(c)(11) (with s. 82(3)); S.I. 2000/2543, art. 2
F14S. 107(6) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
Modifications etc. (not altering text)
C4S. 107(3)(4) applied (25.9.2000) by 2000 c. 23, s. 39(3) (with s. 82(3)); S.I. 2000/2543, art. 2
Marginal Citations
(1)In this Part—
[F15“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;]
“authorisation” means an authorisation under section 93;
“authorising officer” has the meaning given by section 93(5);
“criminal proceedings” includes [F16proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;]
F17...
“designated deputy” has the meaning given in section 94(4);
“United Kingdom waters” has the meaning given in section 30(5) of the M2Police Act 1996; and
“wireless telegraphy” has the same meaning as in [F18the Wireless Telegraphy Act 2006] and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.
(2)Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.
(3)For the purposes of this Part, an authorisation (or renewal) given—
(a)by the designated deputy of an authorising officer, or
(b)by a person on whom an authorising officer’s powers are conferred by section 94,
shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.
Textual Amendments
F15In s. 108(1) definition of "Assistant Commissioner of Police of the Metropolis" inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(12) (with s. 82(3)); S.I. 2000/2543, art. 2
F16Words in s. 108(1) 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. 148; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F17Words in s. 108(1) repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 4, Sch. 14; S.I. 2008/219, art. 2(b)(d)(i)
F18Words in s. 108(1) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 19
Modifications etc. (not altering text)
C5S. 108(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 41
Marginal Citations