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Regulation of Investigatory Powers Act 2000

Grant, renewal and duration of authorisations

Section 46: Restrictions on authorisations extending to Scotland

252.This section prevents the granting or renewal of an authorisation under this Part for activity by a public authority in Scotland if all the conduct authorised is likely to take place in Scotland, unless the authorisation is one for which the Act is (under subsection (2)) the relevant statutory provision. Thus it does not prevent:

  • those seeking authorisation on the grounds of it being in the interests of national security or the economic well-being of the UK;

  • the intelligence agencies;

  • the Ministry of Defence, the Ministry of Defence Police or HM Armed Forces;

  • Customs and Excise;

  • the British Transport Police; or

  • any other public authority named by order as having authority for all parts of the UK;

from obtaining an authorisation under this Act notwithstanding that all the conduct might take place in Scotland.

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