C16C18C17C19C21C24C22C25C11C12C13C14C15Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C16

Pt. 2 power to apply amend or modify conferred (31.10.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 7 para. 7(1); S.I. 2011/2515, art. 2(d)

C18

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 35(1) (with reg. 35(2))

C17

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27

C24

Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by 2009 c. 20, s. 107EE(4) (as inserted by Policing and Crime Act 2017 (c. 3), ss. 8(2), 183(1)(5)(e); S.I. 2017/726, reg. 2(a))

C22

Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by 2004 c. 21, s. 4K(2)(4) (as inserted by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 5; S.I. 2017/399, reg. 2, Sch. para. 38)

C11

Pt. 2 (ss. 9-29) applied (with modifications) (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), regs. 21, 29, 30

C15

Pt. 2 (ss. 9-29): power to apply conferred (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 28(2)(a), 53; S.I. 2005/1126, art. 2

Co-operation, assistance and information

C115C18C17 General duties of F29local policing bodies, chief officers and inspectors

1

It shall be the duty of—

a

every F32local policing body maintaining a police force,

b

the chief officer of police of every police force, and

c

every inspector of constabulary carrying out any of his functions in relation to a police force,

to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).

F11A

It shall be the duty of the F57National Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).

F541B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Those matters are—

a

matters with respect to which any provision of this Part has effect;

b

anything which is done under or for the purposes of any such provision; and

c

any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened.

F532A

Subsection (2B) applies in a case where it appears to a local policing body that—

a

an obligation to act or refrain from acting has arisen by or under this Part,

b

that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and

c

the chief officer has not yet complied with that obligation, or has contravened it.

2B

The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.

2C

The chief officer must comply with any direction given under subsection (2B).

3

Where—

a

a F33local policing body maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16F79... or 18 of Schedule 3,

b

the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or

F2c

a F30local policing body or chief officer requires the Director General of the F58National Crime Agency to provide a F59National Crime Agency officer for appointment under any of those paragraphs,

it shall be the duty of the chief officer F3to whom the requirement is addressed or of the Director GeneralF106of the Agency to comply with it.

4

It shall be the duty of—

a

every F34local policing body maintaining a police force,

b

the chief officer of police of every police force, F4 and

F5c

the F60National Crime Agency,

to provide the F107Director General and every member of the F108Office's staff with all such assistance as the F107Director General or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the F107Director General under this Part F74or any review under paragraph 25 of Schedule 3.

5

It shall be the duty of—

a

every F35local policing body maintaining a police force,

b

the chief officer of every police force, F6and

F7c

the F61National Crime Agency,

to ensure that a person appointed under paragraph 16F80... or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require

6

The duties imposed by subsections (4) and (5) on a F31local policing body maintaining a police force and on the chief officer of such a force and on F8the F62National Crime Agency have effect—

a

irrespective of whether the investigation F75or review (as the case may be) relates to the conduct of a person who is or has been a member of that force or F9a F63a National Crime Agency officer; F76...

b

F77in the case of an investigation, irrespective of who has the person appointed to carry out the investigation under his direction and control; F78and

c

in the case of a review applied for under paragraph 25(1B) of Schedule 3 in respect of an investigation, irrespective of who had the person appointed to carry out the investigation under his direction and control;

but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongs F10 . . . .

7

In subsection (6) “third force”, in relation to an investigation, means a police force other than—

a

the force to which the person carrying out the investigation belongs; or

b

the force to which the person whose conduct is under investigation belonged at the time of the conduct;

F11 and where the person whose conduct is under investigation was a F64National Crime Agency officer at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs.

F128

Where the person who requires assistance and co-operation under subsection (5) is a F65National Crime Agency officer, a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.

F558A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138B

In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.

9

Where—

a

the person carrying out an investigation is not a F66National Crime Agency officer; and

b

the person whose conduct is under investigation was not a F67National Crime Agency officer at the time of the conduct,

F14the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.

F1510

In subsection (9) “the relevant directing officer”—

a

in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; F68...

F56b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C216C18C17 Payment for assistance with investigations

1

This section applies where—

a

one police force is required to provide assistance to another in connection with an investigation under this Part; or

b

a police force is required to provide assistance F81to the F109Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.

2

For the purposes of this section—

a

assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with

F85ai

an investigation of a complaint where the complainant expressed dissatisfaction with the other force,

F16i

an investigation F86of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and

b

assistance is required to be provided F82by a police force (“the assisting force”) to the F109Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with

F87ai

an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,

F17i

an investigation F88of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was not a member of that force, F83...

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that forceF84, or

iii

a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force.

3

Where the assistance is required to be provided by one police force to another, the F38local policing body maintaining that other police force shall pay to the F38local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between them; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F39local policing bodies generally; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or

c

in the absence of any such arrangements, as may be determined by the Secretary of State.

4

Where the assistance is required to be provided by a police force to the F109Director General, F110Office shall pay to the F40local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between the F109Director General and F41that body; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F42local policing bodies generally and by the F109Director General; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the F109Director General; or

c

in the absence of any such arrangements, as may be determined by the Secretary of State.

F185

In this section (subject to subsection (6))—

a

references to a police force and to a F36local policing body maintaining a police force include references to the F70National Crime Agency; and

b

in relation to that Agency, references to the chief officer are references to the Director General F111of that Agency.

6

This section shall have effect in relation to cases in which assistance is required to be provided by the F69National Crime Agency as if—

a

the reference in subsection (3)(b) to F37local policing bodies generally included a reference to the Agency; and

b

the reference in subsection (4)(b) to F37local policing bodies generally were a reference to the Agency.

7

This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.

F7116AInvestigations: National Policing Improvement Agency involvement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1C317C18C17 Provision of information to the F112Director General

1

It shall be the duty of—

a

every F43local policing body, and

b

every chief officer,

at such times, in such circumstances and in accordance with such other requirements as may be set out in regulations made by the Secretary of State, to provide the F112Director General with all such information and documents as may be specified or described in regulations so made.

2

It shall also be the duty of every F44local policing body and of every chief officer—

a

to provide the F112Director General with all such other information and documents specified or described in a notification given by the F112Director General to F45that body or chief officer, and

b

to produce or deliver up to the F112Director General all such evidence and other things so specified or described,

as appear to the F112Director General to be required by F113the Director General for the purposes of the carrying out of any of F114the Director General's functions.

3

Anything falling to be provided, produced or delivered up by any person in pursuance of a requirement imposed under subsection (2) must be provided, produced or delivered up in such form, in such manner and within such period as may be specified in—

a

the notification imposing the requirement; or

b

in any subsequent notification given by the F112Director General to that person for the purposes of this subsection.

4

Nothing in this section shall require a F46local policing body or chief officer—

a

to provide the F112Director General with any information or document, or to produce or deliver up any other thing, before the earliest time at which it is practicable for F47that body or chief officer to do so; or

b

to provide, produce or deliver up anything at all in a case in which it never becomes practicable for F47that body or chief officer to do so.

5

A requirement imposed by any regulations or notification under this section may authorise or require information or documents to which it relates to be provided to the F112Director General electronically.

F726

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C418C18C17 Inspections of police premises on behalf of the F115Director General

1

Where—

a

the F115Director General requires—

i

a F49local policing body maintaining any police force, or

ii

the chief officer of police of any such force,

to allow a person nominated for the purpose by the F115Director General to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and

b

the requirement is imposed for any of the purposes mentioned in subsection (2),

it shall be the duty of F48the body or, as the case may be, of the chief officer to secure that the required access is allowed to the nominated person.

2

Those purposes are—

a

the purposes of any examination by the F115Director General of the efficiency and effectiveness of the arrangements made by the force in question for handling complaints or dealing with recordable conduct matters F19or DSI matters;

b

the purposes of any investigation by the F115Director General under this Part or of any investigation carried out under F116the Director General'sF90... F91direction.

F89c

the purposes of any review by the F115Director General under paragraph 25 of Schedule 3.

3

A requirement imposed under this section for the purposes mentioned in subsection (2)(a) must be notified to F50the body or chief officer at least 48 hours before the time at which access is required.

4

Where—

a

a requirement imposed under this section for the purposes mentioned in subsection (2)(a) requires access to any premises, document or thing to be allowed to any person, but

b

there are reasonable grounds for not allowing that person to have the required access at the time at which he seeks to have it,

the obligation to secure that the required access is allowed shall have effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify.

5

The provisions of this section are in addition to, and without prejudice to—

a

the rights of entry, search and seizure that are or may be conferred on—

i

a person designated for the purposes of paragraph 19 of Schedule 3, or

ii

any person who otherwise acts on behalf of the F115Director General,

in his capacity as a constable or as a person with the powers and privileges of a constable; or

b

the obligations of F51local policing bodies and chief officers under sections 15 and 17.

C5C6C7C8C20C2319C18C17 Use of investigatory powers by or on behalf of the F117Director General

1

The Secretary of State may by order make such provision as he thinks appropriate for the purpose of authorising—

a

the use of directed and intrusive surveillance, and

b

the conduct and use of covert human intelligence sources,

for the purposes of, or for purposes connected with, the carrying out of the F118Director General's functions.

2

An order under this section may, for the purposes of or in connection with any such provision as is mentioned in subsection (1), provide for—

a

Parts 2 and 4 the Regulation of Investigatory Powers Act 2000 (c. 23) (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and

b

Part 3 of the 1997 Act (authorisations in respect of property),

to have effect with such modifications as may be specified in the order.

3

The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

4

Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.

I2C920C18C17 Duty to keep the complainant informed

1

In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

a

by the F119Director General, or

b

under F120the Director General'sF96direction,

it shall be the duty of the F119Director General to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

2

In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

a

by the appropriate authority on its own behalf, F97...

F98b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

3

Where subsection (2) applies, it shall be the duty of the F119Director General to give the appropriate authority all such directions as F121the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

F923A

In any case in which a complaint is being handled—

a

in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

b

otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule),

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in subsection (4).

F934

The matters of which the complainant must be kept properly informed are—

a

the progress of the handling of the complaint;

b

the outcome of the handling of the complaint;

c

any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be);

d

such other matters as may be specified in regulations made by the Secretary of State.

4A

The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.

5

The duties imposed by this section on the F119Director General and the appropriate authority in relation to any complaint shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

6

The Secretary of State shall not by regulations provide for any exceptions from the duties imposed by this section except so far as he considers it necessary to do so for the purpose of—

a

preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;

b

preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—

i

is in the interests of national security;

ii

is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;

iii

is required on proportionality grounds; or

iv

is otherwise necessary in the public interest.

7

The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.

8

Regulations under this section may include provision framed by reference to the opinion of, or a determination by, the F119Director General or any F52local policing body or chief officer.

F948A

In any case in which there is an investigation of a complaint, the F119Director General or the appropriate authority may comply with F122their duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted F123(or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted F124(or completed) under paragraph 22 of Schedule 3, by sending the complainant a copy of the report.

8B

Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

a

regulations made under subsection (5), and

b

section 21A.

9

It shall be the duty of a person appointed to carry out an investigation under this Part F95, or who is otherwise involved in the handling of a complaint under this Part, to provide the F119Director General or, as the case may be, the appropriate authority with all such information as the F119Director General or that authority may reasonably require for the purpose of performing F125their duty under this section.

I3C1021C18C17 Duty to provide information for other persons

1

A person has an interest in being kept properly informed about the handling of a complaint F20, recordable conduct matter or DSI matter if—

a

it appears to the F126Director General or to an appropriate authority that he is a person falling within subsection (2) F21or (2A); and

b

that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.

2

A person falls within this subsection if F22(in the case of a F102complaint that relates to conduct of a person serving with the police or a recordable conduct matter)—

a

he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates;

b

he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint;

c

he himself has suffered serious injury as the alleged result of that conduct.

F232A

A person falls within this subsection if (in the case of a DSI matter)—

a

he is a relative of the person who has died;

b

he is a relative of the person who has suffered serious injury and that person is incapable of making a complaint;

c

he himself is the person who has suffered serious injury.

3

A person who does not fall within subsection (2) F24or (2A) has an interest in being kept properly informed about the handling of a complaint F25, recordable conduct matter or DSI matter if—

a

the F126Director General or an appropriate authority considers that he has an interest in the handling of the complaint F25, recordable conduct matter or DSI matter which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and

b

he has indicated that he consents to the provision of information to him in accordance with this section.

4

In relation to a complaint, this section confers no rights on the complainant.

5

A person who has an interest in being kept properly informed about the handling of a complaint F26, conduct matter or DSI matter is referred to in this section as an “interested person”.

6

In any case in which there is an investigation of the complaint F27, recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—

a

by the F126Director General, or

b

under F127the Director General'sF103direction,

it shall be the duty of the F126Director General to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

7

In any case in which there is an investigation of the complaint F27, recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—

a

by the appropriate authority on its own behalf, F104...

F105b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

8

Where subsection (7) applies, it shall be the duty of the F126Director General to give the appropriate authority all such directions as F128the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

F998A

In any case in which—

a

the complaint is being handled in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

b

the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of Schedule 3 otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf,

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in subsection (9).

F1009

The matters of which the interested person must be kept properly informed are—

a

the progress of the handling of the complaint, recordable conduct matter or DSI matter;

b

the outcome of the handling of the complaint, recordable conduct matter or DSI matter;

c

such other matters as may be specified in regulations made by the Secretary of State.

9A

The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.

10

The duties imposed by this section on the F126Director General and the appropriate authority in relation to any complaint F28, recordable conduct matter or DSI matter shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

11

Subsections (6) to (9) of section 20 apply for the purposes of this section as they apply for the purposes of that section.

F10111A

In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the F126Director General or the appropriate authority may comply with F129their duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted F130(or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted F131(or completed) under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report.

11B

Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

a

regulations made under subsection (10), and

b

section 21A.

12

In this section “relative” means a person of a description prescribed in regulations made by the Secretary of State.

21AF73Restriction on disclosure of sensitive information

1

Where the F132Director General receives information within subsection (3), the F132Director General must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

2

Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the F132Director General unless the relevant authority consents to the disclosure.

3

The information is—

a

intelligence service information;

b

protected information relating to a relevant warrant;

c

information obtained from a government department which, at the time it is provided to the F132Director General or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

i

cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

ii

jeopardise the safety of any person.

4

Where the F132Director General or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the F132Director General or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

5

In this section—

  • “government department” means a department of Her Majesty's Government but does not include—

    1. a

      the Security Service,

    2. b

      the Secret Intelligence Service, or

    3. c

      the Government Communications Headquarters (“GCHQ”);

  • “intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

    1. a

      the Security Service,

    2. b

      the Secret Intelligence Service,

    3. c

      GCHQ, or

    4. d

      any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

  • “Minister of the Crown” includes the Treasury;

  • “paragraph 18 investigator” has the meaning given by subsection (2);

  • “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;

  • “relevant authority” means—

    1. a

      in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;

    2. b

      in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

    3. c

      in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

    4. d

      in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;

    5. e

      in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;

    6. f

      in the case of information within subsection (3)(c)—

      1. i

        the Secretary of State, or

      2. ii

        the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);

  • “relevant warrant” means—

    1. a

      a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

    2. b

      a warrant under Chapter 1 of Part 6 of that Act.

21BProvision of sensitive information to the F133Director General and certain investigators

1

A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the F133Director General or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—

a

make the F133Director General or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and

b

provide the F133Director General or the paragraph 18 investigator with such additional information as will enable the F133Director General or the paragraph 18 investigator to identify the relevant authority in relation to the information.

2

In this section, “intelligence service information”, “protected information relating to a relevant warrant”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.