C1C2Part II Surveillance and covert human intelligence sources
Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))
Police and F24Revenue and Customs authorisations
Words in cross-heading before s. 33 substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11; S.I. 2008/219, art. 2(b)
33Rules for grant of authorisations.
1
A person who is a designated person for the purposes of section 28 or 29 by reference to his office, rank or position with a police forceF1. . . shall not grant an authorisation under that section except on an application made by a member of the same force F2. . . F3 (subject to subsections (1ZB) and (1ZE)).
F41ZA
Subsection (1ZB) applies if the chief officer of police of a police force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces.
1ZB
A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.
1ZC
For the purposes of subsection (1ZB) a police force is a collaborative force if—
a
its chief officer of police is a party to the agreement mentioned in subsection (1ZA); and
b
its members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the authorising force.
1ZD
Subsection (1ZE) applies if the chief constable of a Scottish police force (“the Scottish authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.
1ZE
A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the Scottish authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.
1ZF
For the purposes of subsection (1ZE) a Scottish police force is a collaborative force if—
a
its chief constable is a party to the agreement mentioned in subsection (1ZD); and
b
its members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the Scottish authorising force.
F51A
A person who is a designated person for the purposes of section 28 or 29 by reference to his office or position with the Serious Organised Crime Agency shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency.
F61B
A person who is a designated person for the purposes of section 28 or 29 by reference to his office, rank or position with the Scottish Crime and Drug Enforcement Agency shall not grant an authorisation under that section except on an application made by a police member of the Agency.
F72
A person who is a designated person for the purposes of section 28 or 29 by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs.
3
F8Subject to subsections (3ZB) and (3ZE), A person who is a senior authorising officer by reference to a police force F9. . . shall not grant an authorisation for the carrying out of intrusive surveillance except—
a
on an application made by a member of the same force F10. . . ; and
b
in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force F10. . . .
F113A
The Director General of the Serious Organised Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a member of the staff of the Agency.
F123ZA
Subsection (3ZB) applies if—
a
the chief officer of police of a police force (“the surveillance authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces; and
b
an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.
3ZB
A person who is a senior authorising officer by reference to the surveillance authorising force may—
a
grant the authorisation;
b
in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—
i
the area of operation of a collaborative force; and
ii
specified in relation to members of that force in the agreement mentioned in subsection (3ZA).
3ZC
For the purposes of subsections (3ZA) and (3ZB) a police force is a collaborative force if—
a
its chief officer of police is a party to the agreement mentioned in subsection (3ZA); and
b
its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the surveillance authorising force.
3ZD
Subsection (3ZE) applies if—
a
the chief constable of a Scottish police force (“the Scottish surveillance authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces; and
b
an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.
3ZE
A person who is a senior authorising officer by reference to the Scottish surveillance authorising force may—
a
grant the authorisation;
b
in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—
i
the area of operation of a collaborative force; and
ii
specified in relation to members of that force in the agreement mentioned in subsection (3ZD).
3ZF
For the purposes of subsections (3ZD) and (3ZE) a Scottish police force is a collaborative force if—
a
its chief constable is a party to the agreement mentioned in subsection (3ZD); and
b
its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the Scottish surveillance authorising force.
F134
A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs.
F144A
The chairman of the OFT shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of the OFT.
5
A single authorisation may combine both—
a
an authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, F15a member of the staff of the Serious Organised Crime Agency F16or a member of the Scottish Crime and Drug Enforcement Agency , or who is F17an officer of Revenue and CustomsF18or the chairman or an officer of the OFT; and
b
an authorisation given by, or on the application of, that individual under Part III of the M1Police Act 1997;
but the provisions of this Act or that Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
F195A
In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police force is to the following—
a
any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
b
the metropolitan police force; and
c
the City of London police force.
5B
In subsections (1ZD) to (1ZF) and (3ZD) to (3ZF) a reference to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.
6
For the purposes of this section—
a
the area of operation of a police force maintained under section 2 of the M2Police Act 1996, of the metropolitan police force, of the City of London police force or of a police force maintained under or by virtue of section 1 of the M3Police (Scotland) Act 1967 is the area for which that force is maintained;
b
the area of operation of the Royal Ulster Constabulary is Northern Ireland;
c
residential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the M4Ministry of Defence Police Act 1987, have the powers and privileges of a constable;
d
residential premises are in the area of operation of the F20Royal Navy Police the Royal Military Police or the Royal Air Force Police if they are premises owned or occupied by, or used for residential purposes by, a person subject to service discipline ;
e
the area of operation of the British Transport Police F21. . . is the United Kingdom;
f
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and references in this section to the United Kingdom or to any part or area of the United Kingdom include any adjacent waters within the seaward limits of the territorial waters of the United Kingdom.
F237
In subsection (6) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.
Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3
Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)