Policing and Crime Act 2009

Territorial Extent and Application

Part 1 – Police Reform

Police co-operation

Section 7 Authorisations for obtaining and disclosing communications data

55.Section 7 amends Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (“RIPA”) (acquisition and disclosure of communications data).

56.Section 7(2) inserts new subsections (3A)–(3I) into section 22 of RIPA. They permit a person who is a designated person by reference to an office, rank or position with a police force (“the authorising force”) to grant an authorisation for persons holding offices, ranks or positions with another police force (“a collaborative force”) to obtain communications data under RIPA. Such authorisations can be granted if the chief officers of the authorising and collaborative forces are parties to a police force collaboration agreement which provides for them. Police force collaboration agreements are agreements made under section 23(1) of the Police Act 1996, as regards police forces in England or Wales, or section 12(1) of the Police (Scotland) Act 1967, as regards police forces in Scotland.

57.Section 7(4) inserts new subsections (3A)–(3F) into section 23 of RIPA. They permit a person holding an office, rank or position with a police force (the “notifying force”) to issue a notice under section 22(4) of RIPA requiring the disclosure of communications data to a person holding an office, rank or position with another police force (“a collaborative force”). Such notices can be issued if the chief officers of both forces are parties to a police force collaboration agreement which provides for them. Police force collaboration agreements are agreements made under section 23(1) of the Police Act 1996, as regards police forces in England or Wales, or section 12(1) of the Police (Scotland) Act 1967, as regards police forces in Scotland.

58.New subsection (3C) provides that references in new subsections (3A) and (3B) to a police force are references to:

• any police force maintained under section 2 of the Police Act 1996;

• the metropolitan police force; and,

• the City of London police force.

59.New subsection (3F) provides that references in new subsections (3D) and (3E) to a Scottish police force are references to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.