C2C3C5C6 Part III Authorisation of Action in Respect of Property

Annotations:
Modifications etc. (not altering text)
C2

Pt. 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

C3

Pt. 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)

C6

Pt. 3: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(b) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

Authorisations

C1C494 Authorisations given in absence of authorising officer.

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) F8 , (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; F1. . . F25...

b

if the authorising officer is within paragraph (a) F16or (c) of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F10 ...

F26ba

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;

F27bb

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

F28bc

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.

F10c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) F21or (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 F2Police Service of Northern Ireland;

F3da

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 F14Royal 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;

F39dca

where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;

F40dcb

where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;

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 F7British Transport Police;

F29de

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;

F9e

where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the F23Director General of the National Crime Agency;

f

where the authorising officer is within paragraph (h) of that subsection, F15by 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.

F22fa

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;

F30fb

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;

F31fc

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;

F32fd

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;

F6g

where the authorising officer is within paragraph (i) of that subsection, by an officer of the F24Competition and Markets Authority designated by it for the purposes of this section.

F17ga

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.

F18h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In subsection (1), “designated deputy”—

F13a

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;

F19aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F4. . . under section 25 of the M1City of London Police Act 1839; F5. . .

F33ba

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;

F34bb

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;

F35bc

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.

F12c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F364A

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.

F374B

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.

F384C

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.

F205

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F206

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .