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The Regulation of Investigatory Powers (Communications Data) Order 2003

As Enacted Cited authorities 31 Cited in Amendments 11 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2003/3172

2003 No. 3172

INVESTIGATORY POWERS

The Regulation of Investigatory Powers (Communications Data) Order 2003

Made 5th December 2003

Coming into force 5th January 2004

Whereas a draft of this Order has been approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by paragraph (g) of the definition of “relevant public authority” in section 25(1) of the Regulation of Investigatory Powers Act 20001and by sections 25(2) and (3) and 78(5) of that Act, hereby makes the following Order:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Regulation of Investigatory Powers (Communications Data) Order 2003 and shall come into force one month after the day on which it is made.

(2) In this Order—

“the 2000 Act” means the Regulation of Investigatory Powers Act 2000;

“authorisation” means an authorisation under section 22(3) of the 2000 Act; and

“notice” means a notice under section 22(4) of the 2000 Act.

Prescribed offices, ranks and positions
S-2 Prescribed offices, ranks and positions

Prescribed offices, ranks and positions

2. The offices, ranks and positions listed in columns 2 and 3 of Schedule 1 (being offices, ranks and positions with the relevant public authorities in column 1 of that Schedule) are hereby prescribed for the purposes of section 25(2) of the 2000 Act, subject to the restrictions in articles 6, 7 and 10.

Additional public authorities
S-3 Additional public authorities

Additional public authorities

3. The public authorities set out in column 1 of Parts I, III and IV of Schedule 2 are hereby specified as relevant public authorities for the purposes of section 25(1) of the 2000 Act.

Prescribed offices, ranks and positions in the additional public authorities
S-4 Prescribed offices, ranks and positions in the additional public authorities

Prescribed offices, ranks and positions in the additional public authorities

4. The offices, ranks and positions listed in columns 2 and 3 of Parts I, II, III and IV of Schedule 2 (being offices, ranks and positions with the relevant public authorities in column 1 of that Schedule) are hereby prescribed for the purposes of section 25(2) of the 2000 Act, subject to the restrictions in articles 6, 7, 8 and 9.

More senior offices, ranks and positions
S-5 More senior offices, ranks and positions

More senior offices, ranks and positions

5.—(1) Where an office, rank or position with a relevant public authority listed in column 2 of Schedule 1 or column 2 of Schedule 2 is prescribed by virtue of article 2 or 4, all more senior offices, ranks or positions with that authority are also prescribed for the purposes of section 25(2) of the 2000 Act, subject to article 11.

(2) Where an office, rank or position with a relevant public authority is described in column 2 of Schedule 1 or column 2 of Schedule 2 by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (1) to all more senior offices, ranks or positions with that authority is a reference to all more senior offices, ranks or positions with that agency, unit, branch, division or part.

Restrictions on the granting of authorisations or the giving of notices

Restrictions on the granting of authorisations or the giving of notices

S-6 The restriction in this article is that an individual holding...

6. The restriction in this article is that an individual holding an office, rank or position which is listed in column 2 or 3 of Schedule 1 or column 2 or 3 of Schedule 2 may not grant an authorisation or give a notice unless he believes it is necessary on the grounds set out in one or more of the paragraphs of section 22(2) of the 2000 Act listed in the corresponding entry in column 4 of those Schedules.

S-7 The restriction in this paragraph is that an individual holding...

7.—(1) The restriction in this paragraph is that an individual holding an office, rank or position which is listed in column 2 of Schedule 1 or column 2 of Schedule 2 may only grant an authorisation or give a notice that he believes is necessary on grounds other than those set out in paragraphs (a), (b), (c) and (g) of section 22(2) of the 2000 Act where that authorisation or notice satisfies the condition in paragraph (3).

(2) The restriction in this paragraph is that an individual holding an office, rank or position which is listed in column 3 of Schedule 1 or column 3 of Schedule 2 may only grant an authorisation or give a notice which satisfies the condition set out in paragraph (3).

(3) The condition referred to in paragraphs (1) and (2) is that the only communications data authorised to be obtained by the authorisation, or required to be obtained or disclosed by the notice, is communications data falling within section 21(4)(c) of the 2000 Act.

S-8 The restriction in this article is that an individual holding...

8.—(1) The restriction in this article is that an individual holding an office, rank or position which is listed in column 2 of Part II or Part III of Schedule 2 may only grant an authorisation or give a notice which satisfies the condition set out in paragraph (2).

(2) The condition referred to in paragraph (1) is that the only communications data authorised to be obtained by the authorisation, or required to be obtained or disclosed by the notice, is communications data falling within section 21(4)(b) or (c) of the 2000 Act.

S-9 The restriction in this article is that an individual holding...

9.—(1) The restriction in this article is that an individual holding an office, rank or position which is listed in column 2 of Part IV of Schedule 2 may only grant an authorisation or give a notice which satisfies the condition set out in paragraph (2).

(2) The condition referred to in paragraph (1) is that the only communications data authorised to be obtained by the authorisation, or required to be obtained or disclosed by the notice, is communications data relating to a postal service.

S-10 The restriction in this article is that an individual holding...

10.—(1) The restriction in this article is that an individual holding an office, rank or position with the Commissioners of Inland Revenue (being a relevant public authority listed in Schedule 1) may only grant an authorisation or give a notice which satisfies the condition set out in paragraph (2).

(2) The condition referred to in paragraph (1) is that the only communications data falling with section 21(4)(a) of the 2000 Act authorised to be obtained by the authorisation, or required to be obtained or disclosed by the notice is communications data relating to a postal service.

S-11 The restrictions on the granting of authorisations and the...

11. The restrictions on the granting of authorisations and the giving of notices that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of Schedule 1 or column 2 of Schedule 2 shall also apply to all individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 5.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

5th December 2003

SCHEDULE 1

Article 2

INDIVIDUALS IN PUBLIC AUTHORITIES WITHIN SECTION 25(1) OF THE 2000 ACT

(1)

(2)

(3)

(4)

Relevant public authorities

Prescribed offices etc (All authorisations/notices)

Additional prescribed offices etc (Authorisations/notices relating solely to communications data falling within section 21(4)(c))

Purposes within section 22(2) for which an authorisation may be granted or a notice given

Police Forces

A police force maintained under section 2 of the Police Act 19962 (police forces in England andWales outside London)

Superintendent

Inspector

(a)(b)(c)(d)(e)(g)

A police force maintained under or by virtue of section 1 of the Police (Scotland) Act 19673

Superintendent

Inspector

(a)(b)(c)(d)(e)(g)

The metropolitan police force

Superintendent

Inspector

(a)(b)(c)(d)(e)(g)

The City of London police force

Superintendent

Inspector

(a)(b)(c)(d)(e)(g)

The Police Service of Northern Ireland4

Superintendent

Inspector

(a)(b)(c)(d)(e)(g)

The Ministry of Defence Police

Superintendent

Inspector

(a)(b)(c)(g)

The Royal Navy Regulating Branch

Provost Marshal

—

(a)(b)(c)(g)

The Royal Military Police

Lieutenant Colonel

Major

(a)(b)(c)(g)

The Royal Air Force Police

Wing Commander

Squadron Leader

(a)(b)(c)(g)

The British Transport Police

Superintendent

Inspector

(a)(b)(c)(d)(e)(g)

The National Criminal Intelligence Service

Superintendent, Level 2 or any individual on secondment to the National Criminal Intelligence Service who holds any other office, rank or position in any relevant public authority listed in column 2 of Schedule 1

Inspector, Level 4 or any individual on secondment to the National Criminal Intelligence Service who holds any other office, rank or position in any relevant public authority listed in column 3 of Schedule 1

(a)(b)(c)(d)(e)(g)

The National Crime Squad

Superintendent, Band I or any individual on secondment to the National Crime Squad who holds any other office, rank or position in any relevant public authority listed in column 2 of Schedule 1

Inspector, Band F or any individual on secondment to the National Crime Squad who holds any other office, rank or position in any relevant public authority listed in column 3 of Schedule 1

(a)(b)(c)(d)(e)(g)

The Commissioners of Customs and Excise

Band 9

Band 7 or 8

(b)(f)

The Commissioners of Inland Revenue

Band C1

Band C2

(b)(f)

The Intelligence Services

Government Communications Headquarters

GC8

—

(a)(b)(c)

The Security Service

General Duties 3 or any other Officer at Level 3

General Duties 4

(a)(b)(c)

The Secret Intelligence Service

Grade 6 or equivalent

—

(a)(b)(c)

SCHEDULE 2

Article 3

INDIVIDUALS IN ADDITIONAL PUBLIC AUTHORITIES SPECIFIED BY THIS ORDER

1 (Individuals in additional public...

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