Police Act 1997

Valid from 22/02/1999

97 Authorisations requiring approval. U.K.

(1) An authorisation to which this section applies shall not take effect until—

(a) it has been approved in accordance with this section by a Commissioner appointed under section 91(1)(b), and

(b) the person who gave the authorisation has been notified under subsection (4).

(2) Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—

(a) that any of the property specified in the authorisation—

(i) is used wholly or mainly as a dwelling or as a bedroom in a hotel, or

(ii) constitutes office premises, or

(b) that the action authorised by it is likely to result in any person acquiring knowledge of—

(i) matters subject to legal privilege,

(ii) confidential personal information, or

(iii) confidential journalistic material.

(3) This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.

(4) Where a Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—

(a) decide whether to approve the authorisation or refuse approval, and

(b) give written notice of his decision to the person who gave the authorisation.

(5) A Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).

(6) Where a Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given (and paragraph 7 of Schedule 7 shall apply for the purposes of this subsection as it applies for the purposes of that Schedule).

(7) This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).

(8) In this section—

• “office premises” has the meaning given in section 1(2) of the M1 Offices, Shops and Railway Premises Act 1963;

• “hotel” means premises used for the reception of guests who desire to sleep in the premises.

Marginal Citations

M1 1963 c. 41.