The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order2010

Contents

Article 1Citation, commencement and interpretation#

(1)This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 and comes into force on 29thNovember 2010.

(2)In this Order—• “the 2000 Act” means the Regulation of Investigatory Powers (Scotland) Act 2000;• “the CHIS Order” means the Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014;• “long term authorisation” has the meaning given by article 1A;• “Police Service” means the Police Service of Scotland;• “relevant source” means a source holding a rank, office or position with—(a) the Police Service;(b) a police force maintained under section 2 of the Police Act 1996;(c) the metropolitan police force;(d) the City of London police force;(e) the Police Service of Northern Ireland;(f) the National Crime Agency;(g) the Ministry of Defence Police;(h) the British Transport Police Force;(i) the Royal Navy Police; ^note...(j) the Royal Military Police; or(k) the tri-service serious crime unit;• “source” means a covert human intelligence source;• “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

Article 1ALong term authorisation#

(1)In this Order, an authorisation for the conduct or use of a relevant source is a long term authorisation if the periods mentioned in paragraph (2)(a) and (b), when taken together, exceed 12 months.

(2)The periods are—

(a)the period for which the relevant source will be authorised under the authorisation (having regard to article 8(3) of the CHIS Order); and

(b)subject to paragraph (3), any period or periods for which that source has previously been authorised as a source in relation to the same investigation or operation.

(3)When calculating the previous authorisation periods mentioned in paragraph (2)(b), the following are not to be taken into account—

(a)any period for which the relevant source has been authorised as a source if that authorisation was granted orally or by a person whose entitlement to authorise is confined to urgent cases;

(b)any authorisation of that source which ceased to have effect more than 3 years before the intended commencement date of the authorisation mentioned in paragraph (1); and

(c)any period for which that source was authorised prior to 2nd February 2015 under an authorisation which is not in effect on that date.

(4)If an authorisation for the conduct or use of a relevant source is an authorisation to which Part 2 of the CHIS Order applies, the reference in paragraph (1) to 12 months should be read as if it were a reference to 3 months.

Article 2Prescribed offices, etc.#

(1)The offices, ranks and positions listed in column 2 of Schedule 1 to this Order (being offices, ranks or positions with the relevant public authorities in column 1) are prescribed for the purposes of section 8(1) of the 2000 Act.

(2)Subject to paragraph (3), where an office, rank or position with a relevant public authority is listed in column 2 of Schedule 1 to this Order, all more senior offices, ranks or positions with that authority are also prescribed.

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

Article 2APrescribed ranks in the Police Service#

(1)The ranks listed in column 2 of Schedule 1A to this Order (being ranks in the Police Service) are prescribed for the purposes of section 8(1) of the 2000 Act in relation to authorisations of the types mentioned in the corresponding entries in column 1 of that Schedule.

(2)Where a rank is listed in column 2 of Schedule 1A to this Order in relation to authorisations of a type mentioned in column 1 of that Schedule, all more senior ranks in the Police Service are also prescribed in relation to authorisations of that type.

(3)The ranks listed in column 3 of Schedule 1A to this Order (being ranks in the Police Service) are prescribed for the purposes of section 8(1) of the 2000 Act in relation to authorisations of the types mentioned in the corresponding entries in column 1 of that Schedule, but only in the circumstances described in paragraph (4).

(4)An individual holding a rank which is listed in column 3 of Schedule 1A to this Order may only grant an authorisation where it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by an individual who holds a rank mentioned in the corresponding entry in column 2 of that Schedule.

(5)In Schedule 1A—• “section 6 authorisation” means an authorisation for the carrying out of directed surveillance under section 6 of the 2000 Act; and• “section 7 authorisation” means an authorisation for the conduct or use of a source under section 7 of the 2000 Act which is not a long term authorisation.

Article 3Additional offices, etc. prescribed for urgent cases#

(1)The offices, ranks and positions listed in column 3 of Schedule 1 to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1) are prescribed for the purposes of section 8(1) of the 2000 Act, but only for the cases described in this article.

(2)An individual holding an office, rank or position which is listed in column 3 of Schedule 1 to this Order may only grant an authorisation where it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by an individual in the same authority who holds an office, rank or position listed in column 2.

(3)Where an office, rank or position with a relevant public authority is described in column 2 of Schedule 1 to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to an individual in the same authority is a reference to an individual in that agency, unit, branch, division or part.

Article 4Amendment of the 2000 Act#

In section8(3) (persons entitled to grant authorisations under sections 6 and 7) of the 2000 Act omit paragraphs(d) to (g).

Article 5Revocation#

The Orders specified in Schedule 2 to this Order are revoked.

Schedule 1 · Prescribed offices, ranks and positions with relevant public authorities for the purposes of sections 6, 7 and 8 of the 2000 Act

Schedule 1A · Prescribed ranks in the Police Service for the purposes of sections 6, 7 and 8 of the 2000 Act

Schedule 2 · Revocations

Contains public sector information licensed under the Open Government Licence v3.0.