Regulation of Investigatory Powers Act 2000 (c. 23)

Part I U.K. Communications

Chapter II U.K. Acquisition and disclosure of communications data

25 Interpretation of Chapter II. U.K.

(1) In this Chapter—

• “communications data” has the meaning given by section 21(4);

• “designated” shall be construed in accordance with subsection (2);

• “postal or telecommunications operator” means a person who provides a postal service or telecommunications service;

• “relevant public authority” means (subject to subsection (4)) any of the following—

  (a)

  a police force;

  (b)

  [F1 the National Crime Agency;]

  (ca)

  F2 ...

  (d)

  [F3 Her Majesty's Revenue and Customs;]

  (f)

  any of the intelligence services;

  (g)

  any such public authority not falling within paragraphs (a) to (f) as may be specified for the purposes of this subsection by an order made by the Secretary of State.

• [F4 “serious crime” includes crime which would not satisfy the test in section 81(3)(a) or (b) but where the offence, or one of the offences, which is or would be constituted by the conduct concerned is—

  (a)

  an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of 12 months or more (disregarding any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions), or

  (b)

  an offence—

  (i)

  by a person who is not an individual, or

  (ii)

  which involves, as an integral part of it, the sending of a communication or a breach of a person’s privacy.]

[F5 (1A) Until the day on which the amendment made to section 81(3)(a) of this Act by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force, the definition of “serious crime” in subsection (1) is to be read as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “the age of 21”.]

(2) Subject to subsection (3), the persons designated for the purposes of this Chapter are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order made by the Secretary of State.

(3) The Secretary of State may by order impose restrictions—

(a) on the authorisations and notices under this Chapter that may be granted or given by any individual holding an office, rank or position with a specified public authority; and

(b) on the circumstances in which, or the purposes for which, such authorisations may be granted or notices given by any such individual.

[F6 (3A) References in this Chapter to an individual holding an office or position with the [F7 National Crime Agency include references to any National Crime Agency officer.]]

[F8 (4) The Secretary of State may by order—

(a) remove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter; and

(b) make such consequential amendments, repeals or revocations in this or any other enactment as appear to him to be necessary or expedient.

(5) The Secretary of State shall not make an order under this section—

(a) that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter, or

(b) that by virtue of subsection (4)(b) amends or repeals any provision of an Act,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.]

Textual Amendments

F1 Words in s. 25(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 81(2); S.I. 2013/1682, art. 3(v)

F2 Words in s. 25(1) 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(8)

F3 S. 25(1): para. (d) in the definition of "relevant public authority" substituted (15.2.2008) for paras. (d)(e) by Serious Crime Act 2007 (c. 27), ss. 88, 94 {Sch. 12 para. 8}; S.I. 2008/219, art. 2(b)

F4 Words in s. 25(1) inserted (1.11.2018) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), regs. 1(3)(a), 3(6)

F5 S. 25(1A) inserted (1.11.2018) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), regs. 1(3)(a), 3(7)

F6 S. 25(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F7 Words in s. 25(3A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 81(3); S.I. 2013/1682, art. 3(v)

F8 S. 25(4)(5) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(4); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))