2(1)This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) where the statutory power in question is one exercised, or to be exercised, in accordance with—U.K.
(a)a warrant issued by the Secretary of State or a person holding judicial office; F1...
(b)an authorisation under Part III of the M1Police Act 1997 (authorisation of otherwise unlawful action in respect of property)[F2; or
(c)a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016 (powers of law enforcement chiefs to issue warrants to law enforcement officers).]
(2)Subject to sub-paragraphs (3) to (5) and paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if—
(a)the warrant or, as the case may be, the authorisation contained the relevant authority’s permission for the giving of section 49 notices in relation to protected information to be obtained under the warrant or authorisation; or
(b)since the issue of the warrant or authorisation, written permission has been granted by the relevant authority for the giving of such notices in relation to protected information obtained under the warrant or authorisation.
(3)Only persons holding office under the Crown, the police [F3, [F4the National Crime Agency,]] F5... and [F6Her Majesty's Revenue and Customs] shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by the Secretary of State.
(4)Only a person who—
(a)was entitled to exercise the power conferred by the warrant, or
(b)is of the description of persons on whom the power conferred by the warrant was, or could have been, conferred,
shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by a person holding judicial office.
(5)Only the police [F7, [F8the National Crime Agency,]] F9... and [F6Her Majesty's Revenue and Customs] shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under an authorisation under Part III of the M2Police Act 1997 [F10or under a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016.]
(6)In this paragraph “the relevant authority”—
(a)in relation to a warrant issued by the Secretary of State, means the Secretary of State;
(b)in relation to a warrant issued by a person holding judicial office, means any person holding any judicial office that would have entitled him to issue the warrant; F11...
(c)in relation to protected information obtained under an authorisation under Part III of the M3Police Act 1997, means (subject to sub-paragraph (7)) an authorising officer within the meaning of section 93 of that Act[F12; and
(d)in relation to protected information obtained under a warrant issued under section 106 of the Investigatory Powers Act 2016, means the person who issued the warrant or, if that person was an appropriate delegate in relation to a law enforcement chief, either that person or the law enforcement chief.]
[F13(6A)In sub-paragraph (6)(d), the references to a law enforcement chief and to an appropriate delegate in relation to a law enforcement chief are to be read in accordance with section 106(5) of the Investigatory Powers Act 2016.]
(7)Section 94 of the M4Police Act 1997 (power of other persons to grant authorisations in urgent cases) shall apply in relation to—
(a)an application for permission for the giving of section 49 notices in relation to protected information obtained, or to be obtained, under an authorisation under Part III of that Act, and
(b)the powers of any authorising officer (within the meaning of section 93 of that Act) to grant such a permission,
as it applies in relation to an application for an authorisation under section 93 of that Act and the powers of such an officer under that section.
(8)References in this paragraph to a person holding judicial office are references to—
(a)any judge of the Crown Court or of the High Court of Justiciary;
(b)any sheriff;
(c)any justice of the peace;
(d)any resident magistrate in Northern Ireland; or
(e)any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.
(9)Protected information that comes into a person’s possession by means of the exercise of any statutory power which—
(a)is exercisable without a warrant, but
(b)is so exercisable in the course of, or in connection with, the exercise of another statutory power for which a warrant is required,
shall not be taken, by reason only of the warrant required for the exercise of the power mentioned in paragraph (b), to be information in the case of which this paragraph applies.
Textual Amendments
F1Word in Sch. 2 para. 2(1)(a) omitted (5.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 66(2)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(i)
F2Sch. 2 para. 2(1)(c) and word inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 66(2)(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(i)
F3Words in Sch. 2 para. 2(3) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))
F4Words in Sch. 2 para. 2(3) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(2); S.I. 2013/1682, art. 3(v)
F5Word in Sch. 2 para. 2(3) omitted (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. 2 para. 33(26)(a)
F6Words in Sch. 2 para. 2(3)(5) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(1); S.I. 2008/219, art. 2(b)
F7Words in Sch. 2 para. 2(5) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))
F8Words in Sch. 2 para. 2(5) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(2); S.I. 2013/1682, art. 3(v)
F9Word in Sch. 2 para. 2(5) omitted (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. 2 para. 33(26)(a)
F10Words in Sch. 2 para. 2(5) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 66(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(i)
F11Word in Sch. 2 para. 2(6)(b) omitted (5.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 66(4)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(i)
F12Sch. 2 para. 2(6)(d) and word inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 66(4)(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(i)
F13Sch. 2 para. 2(6A) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 66(5) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(i)
Modifications etc. (not altering text)
C1Sch. 2 para. 2(3) restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(c); S.I. 2005/1126, art. 2(2)(d)
Marginal Citations