PART 2Prevention, investigation and prosecution of crime
CHAPTER 3Extraction of information from electronic devices
I2I144Authorised persons
1
2
3
The power in section 41(1) may be exercised only by a person listed in Part 1 of Schedule 3.
4
The Secretary of State may by regulations made by statutory instrument amend Schedule 3—
a
so as to add a reference to a person;
b
so as to remove a reference to a person;
c
so as to modify a description of a person mentioned in that Schedule.
5
Regulations under subsection (4) may contain transitional, transitory or saving provision.
6
The Secretary of State must consult the Scottish Ministers before making regulations under subsection (4) if and so far as the regulations make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
7
The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (4) if and so far as the regulations make provision that, if it were contained in an Act of the Northern Ireland Assembly—
a
would be within the legislative competence of that Assembly, and
b
would not require the consent of the Secretary of State.
8
9
Subsection (8) does not apply to a statutory instrument containing regulations which—
a
remove a reference to a person from Part 1 of Schedule 3 and add a reference to that person to Part 2 or 3 of that Schedule, or
b
remove a reference to a person from Part 2 of that Schedule and add a reference to that person to Part 3 of that Schedule.
10
A statutory instrument containing—
and which is not a statutory instrument to which subsection (8) applies is subject to annulment in pursuance of a resolution of either House of Parliament.