Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

Consolidated Text As Enacted Cited authorities 28 Cited in Amendments 22 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2010/521
Year2010
(1) This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 and shall come into force on 6th April 2010.(2) In this Order “the Act” means the Regulation of Investigatory Powers Act 2000.(1) Schedule 1 to the Act (relevant public authorities) is amended as follows.paragraph 4A (the force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847paragraph 10 (the Ministry of Defence) ,paragraph 15B (the Department for Work and Pensions) paragraph 20D (the Postal Services Commission) paragraph 23 (a universal service provider (within the meaning of the Postal Services Act 2000(3) In that Part, for paragraph 17A (any fire authority within the meaning of the Fire Services Act 1947) Any fire and rescue authority under the Fire and Rescue Services Act 2004(4) In that Part, after paragraph 20FThe Health and Safety Executive.(5) In Part 2 (relevant public authorities for the purposes only of section 28) omit paragraph 24 (the Health and Safety Executive) .(6) In that Part, after paragraph 28 insert—
    The Child Maintenance and Enforcement Commission
    (28A) The Child Maintenance and Enforcement Commission.
    Special constables nominated by the Dover Harbour Board
    (28B) The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board.
    The Department for Work and Pensions
    (28C) The Department for Work and Pensions.
    The Postal Services Commission
    (28D) The Postal Services Commission
    Universal service providers
    (28E) A universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act) .
The Child Maintenance and Enforcement Commission.The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board.The Department for Work and Pensions.The Postal Services CommissionA universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act) .(1) The Schedule to this Order has effect.column (2) of Part 1 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of sections 28 and 29 of the Act) , andcolumn (2) of Part 2 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 28 of the Act only) ,(3) Where an office, rank or position with a relevant public authority is prescribed by virtue of article 3(2) , all more senior offices, ranks or positions with that authority are also prescribed for the purpose of section 30(1) of the 2000 Act, subject to article 8.(4) Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (3) 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.(1) Subject to the restrictions in articles 5 to 7, the offices, ranks and positions listed in the entries in column (3) of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Schedule) are prescribed for the purposes of section 30(1) of the Act in the circumstances specified in paragraph (2) .(2) An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation (for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule or for the purposes of section 28 only in the case of an entry in Part 2) where it is not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule.section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3) ) , orsection 28(3) of the Act in the case of an entry in Part 2,section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3) ) , orsection 28(3) of the Act in the case of an entry in Part 2.(1) Where an entry in column (2) or (3) of Part 1 of the Schedule is headed by reference to an authorisation under section 28 or section 29, an authorisation may only be granted by the individual holding the office, rank or position listed in the entry under the section by which the entry is headed.(2) Such a heading in column (2) or (3) of Part 1 of the Schedule refers to section 28 or section 29, as the case may be, of the Act.(3) Where paragraph (1) applies, a reference to a paragraph in column (4) of Part 1 of the Schedule is to a paragraph in subsection (3) of the section specified in the heading.
  • An individual holding an office, rank or position with the Food Standards Agency may not grant an authorisation for conduct in Northern Ireland.
  • The restrictions on the granting of authorisations under sections 28 and 29 that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of the Schedule to this Order shall also apply to individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 3(3) .
  • This Order does not affect the continued operation of the Orders mentioned in article 10 in relation to authorisations under section 28 or 29 of
  • all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003
  • articles 4 and 5 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004
  • all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005
  • all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006
  • (1) Relevant public authorities (2) Prescribed offices etc (3) Urgent cases (4) Grounds set out in paragraphs of section 28(3) or 29(3) of the Act
    A police force maintained under section 2 of the Police Act 1996
    Superintendent Inspector Paragraphs (a) , (b) , (c) , (d) and
    ...

    • To continue reading

    Request your trial
    Navigation index

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT