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The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2006

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Scottish Statutory Instruments

2006 No. 466

INVESTIGATORY POWERS

The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2006

Made

12th September 2006

Laid before the Scottish Parliament

13th September 2006

Coming into force

5th October 2006

The Scottish Ministers, in exercise of the powers conferred by sections 8(1) and 9(3) of the Regulation of Investigatory Powers (Scotland) Act 2000(1), hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2006 and shall come into force on 5th October 2006.

Amendment of the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000

2.  In the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000(2), in column 2 opposite the entry for The Operational and Intelligence Group of the Scottish Drug Enforcement Agency(3), after the word “Superintendent” insert “or Grade PO7 Authorising Officer”.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

12th September 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 which prescribes offices, ranks and positions for the purposes of section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11) (“the 2000 Act”), under which individuals holding such offices, ranks or positions are designated persons for the purposes of granting authorisations under sections 6 and 7 of the 2000 Act.

The amendment adds civilian officers ranked “Grade PO7 Authorising Officer” to the list of prescribed offices, ranks and positions within the Operational and Intelligence Group of the Scottish Drug Enforcement Agency for the purposes of section 8(1) of the 2000 Act under which individuals holding such offices, ranks or positions are designated persons for the purposes of granting authorisations under either section 6 of that Act for directed surveillance or section 7 for covert human intelligence sources (article 2).

(3)

The reference in column 1 to the Operational and Intelligence Group of the Scottish Drug Enforcement Agency was inserted by S.S.I. 2001/87.

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