C1C2C3 Part II Surveillance and covert human intelligence sources

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3

Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)

C3

Pt. 2: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(a) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

Authorisation of surveillance and human intelligence sources

30 Persons entitled to grant authorisations under ss. 28 F1, 29 and 29B.

1

Subject to subsection (3), the persons designated for the purposes of sections 28 F2, 29 and 29B are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order under this section.

2

For the purposes of the grant of an authorisation that combines—

a

an authorisation under section 28 F3, 29 or 29B, and

b

an authorisation by the Secretary of State for the carrying out of intrusive surveillance,

the Secretary of State himself shall be a person designated for the purposes of that section.

3

An order under this section may impose restrictions—

a

on the authorisations under sections 28 F4, 29 and 29B that may be granted by any individual holding an office, rank or position with a specified public authority; and

b

on the circumstances in which, or the purposes for which, such authorisations may be granted by any such individual.

4

A public authority is a relevant public authority for the purposes of this section—

a

in relation to section 28 if it is specified in Part F5A1, 1 or 2 of Schedule 1; F6...

b

in relation to section 29 if it is specified in Part F7A1 or 1 of that Schedule F8; and

c

in relation to section 29B if it is specified in Part A1 of that Schedule

5

An order under this section may amend Schedule 1 by—

a

adding a public authority to Part F9A1, 1 or 2 of that Schedule;

b

removing a public authority from that Schedule;

c

moving a public authority from one Part of that Schedule to F10another;

d

making any change consequential on any change in the name of a public authority specified in that Schedule.

6

Without prejudice to section 31, the power to make an order under this section shall be exercisable by the Secretary of State.

7

The Secretary of State shall not make an order under subsection (5) containing any provision for—

a

adding any public authority to Part F11A1, 1 or 2 of that Schedule, or

b

moving any public authority F12from—

i

Part 1 or 2 to Part A1 of that Schedule, or

ii

Part 2 to Part 1 of that Schedule,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.