C1C2C4 Part II Surveillance and covert human intelligence sources
Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))
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)
Police and F8Revenue and Customs authorisations
Words in cross-heading before s. 33 substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11; S.I. 2008/219, art. 2(b)
C335 Notification of authorisations for intrusive surveillance.
1
Where a person grants or cancels a F1police, F22tri-service serious crime unit,F26Service Police Complaints Commissioner,F12the National Crime Agency, F2Revenue and Customs F9, immigrationF15or CMA authorisation for the carrying out of intrusive surveillance, he shall give notice that he has done so to F18a Judicial Commissioner .
2
A notice given for the purposes of subsection (1)—
a
must be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;
b
must be given in accordance with any such arrangements made for the purposes of this paragraph by the F19Investigatory Powers Commissioner as are for the time being in force; and
c
must specify such matters as the Secretary of State may by order prescribe.
3
A notice under this section of the grant of an authorisation shall, as the case may be, either—
a
state that the approval of a F20Judicial Commissioner is required by section 36 before the grant of the authorisation will take effect; or
b
state that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.
4
Where a notice for the purposes of subsection (1) of the grant of an authorisation has been received by F21a Judicial Commissioner , he shall, as soon as practicable—
a
scrutinise the authorisation; and
b
in a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.
5
Subject to subsection (6), the Secretary of State shall not make an order under subsection (2)(c) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
6
Subsection (5) does not apply in the case of the order made on the first occasion on which the Secretary of State exercises his power to make an order under subsection (2)(c).
7
The order made on that occasion shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, it has been approved by a resolution of each House of Parliament.
8
For the purposes of subsection (7)—
a
the order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; and
b
in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
9
Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.
10
In this section references to a F3police, F23tri-service serious crime unit,F27Service Police Complaints Commissioner,F13the National Crime Agency, F4Revenue and Customs F10 immigrationF16or CMA authorisation are references to an authorisation granted by—
a
F24aa
the Provost Marshal for serious crime;
F28ab
the Service Police Complaints Commissioner;
b
F17ba
the chair of the CMA; or
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)