- Latest available (Revised)
- Point in Time (01/01/2014)
- Original (As enacted)
Point in time view as at 01/01/2014.
Regulation of Investigatory Powers Act 2000, Paragraph 6 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
6(1)A person does not have the appropriate permission in relation to any protected information unless he is either—U.K.
(a)a person who has the protected information in his possession or is likely to obtain possession of it; or
(b)a person who is authorised (apart from this Act) to act on behalf of such a person.
(2)Subject to sub-paragraph (3), a constable does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—
(a)he is of or above the rank of superintendent; or
(b)permission to give a section 49 notice in relation to that information has been granted by a person holding the rank of superintendent, or any higher rank.
(3)In the case of protected information that has come into the police’s possession by means of the exercise of powers conferred by—
(a)[F1section 47A] of the M1Terrorism Act 2000 (power to stop and search) [F2(including that section as it had effect by virtue of the Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631)], or
(b)[F3section 44 of the Terrorism Act 2000 or] section 13A or 13B of the M2Prevention of Terrorism (Temporary Provisions) Act 1989 (which [F4previously had effect for similar purposes],
the permission required by sub-paragraph (2) shall not be granted by any person below the rank mentioned in [F5paragraph 14(1) and (2) of Schedule 6B to that Act of 2000 (see the definition of “senior police officer”),] section 44(4) of that Act of 2000 or, as the case may be, section 13A(1) of that Act of 1989.
[F6(3A)A [F7National Crime Agency officer] does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—
(a)by the Director General; or
(b)by a member of the staff of the Agency of or above such level as the Director General may designate for the purposes of this sub-paragraph.]
F8(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)[F9An officer of Revenue and Customs] does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—
(a)by [F10the Commissioners for Her Majesty's Revenue and Customs]; or
(b)by an officer of [F11Revenue and Customs] of or above such level as [F12the Commissioners] may designate for the purposes of this sub-paragraph.
(5)A member of Her Majesty’s forces does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless—
(a)he is of or above the rank of lieutenant colonel or its equivalent; or
(b)permission to give a section 49 notice in relation to that information has been granted by a person holding the rank of lieutenant colonel or its equivalent, or by a person holding a rank higher than lieutenant colonel or its equivalent.
[F13(6) In sub-paragraph (2) “constable” does not include a constable who is a [F14National Crime Agency officer] F15....]
Textual Amendments
F1Words in Sch. 2 para. 6(3)(a) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(a)(i) (with s. 97); S.I. 2012/1205, art. 4(k)
F2Words in Sch. 2 para. 6(3)(a) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(a)(ii) (with s. 97); S.I. 2012/1205, art. 4(k)
F3Words in Sch. 2 para. 6(3)(b) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(b)(i) (with s. 97); S.I. 2012/1205, art. 4(k)
F4Words in Sch. 2 para. 6(3)(b) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(b)(ii) (with s. 97); S.I. 2012/1205, art. 4(k)
F5Words in Sch. 2 para. 6(3) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 27(c) (with s. 97); S.I. 2012/1205, art. 4(k)
F6Sch. 2 para. 6(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(5)(a); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))
F7Words in Sch. 2 para. 6(3A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(5); S.I. 2013/1682, art. 3(v)
F8Sch. 2 para. 6(3B) 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)(d)(i)
F9Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(a)
F10Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(b)
F11Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(c)
F12Words in Sch. 2 para. 6(4) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 29(2)(a); S.I. 2008/219, art. 2(d)
F13Sch. 2 para. 6(6) added (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 156(5)(b); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))
F14Words in Sch. 2 para. 6(6) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 100(5); S.I. 2013/1682, art. 3(v)
F15Words in Sch. 2 para. 6(6) 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)(d)(ii)
Modifications etc. (not altering text)
C1Sch. 2 para. 6(3) modified (18.3.2011) by The Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 5, Sch. 2 para. 4
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: