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Regulation of Investigatory Powers Act 2000

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This is the original version (as it was originally enacted).

30Persons entitled to grant authorisations under ss. 28 and 29

This section has no associated Explanatory Notes

(1)Subject to subsection (3), the persons designated for the purposes of sections 28 and 29 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 under this section.

(2)For the purposes of the grant of an authorisation that combines—

(a)an authorisation under section 28 or 29, and

(b)an authorisation by the Secretary of State for the carrying out of intrusive surveillance,

the Secretary of State himself shall be a person designated for the purposes of that section.

(3)An order under this section may impose restrictions—

(a)on the authorisations under sections 28 and 29 that may be granted 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 by any such individual.

(4)A public authority is a relevant public authority for the purposes of this section—

(a)in relation to section 28 if it is specified in Part I or II of Schedule 1; and

(b)in relation to section 29 if it is specified in Part I of that Schedule.

(5)An order under this section may amend Schedule 1 by—

(a)adding a public authority to Part I or II of that Schedule;

(b)removing a public authority from that Schedule;

(c)moving a public authority from one Part of that Schedule to the other;

(d)making any change consequential on any change in the name of a public authority specified in that Schedule.

(6)Without prejudice to section 31, the power to make an order under this section shall be exercisable by the Secretary of State.

(7)The Secretary of State shall not make an order under subsection (5) containing any provision for—

(a)adding any public authority to Part I or II of that Schedule, or

(b)moving any public authority from Part II to Part I of that Schedule,

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

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