Policing and Crime Act 2009

Territorial Extent and Application

Part 1 – Police Reform

Police co-operation

Section 9 Authorisations for surveillance etc

61.Section 9 amends section 33 of RIPA (rules for grant of authorisations).

62.Section 9(3) inserts new subsections (1ZA) to (1ZF) into section 33 of RIPA. They permit a person who is a designated person for the purposes of section 28 (authorisation of directed surveillance) or section 29 (authorisation of covert human intelligence sources) of RIPA by reference to his or her office, rank or position with a police force (“the authorising force”) to grant an authorisation under either of those sections on an application made by a member of another police force (“a collaborative force”). Such authorisations can be granted if the chief officers of the forces in question 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.

63.Section 9(5) inserts new subsections (3ZA) to (3ZF) into section 33 of RIPA. They permit a person who is a senior authorising officer by reference to a police force (“the surveillance authorising force”) to grant an authorisation for the carrying out of intrusive surveillance on an application made by a member of another police force (“a collaborative force”). Such authorisations can be granted if the chief officers of the forces in questions are parties to a police force collaboration agreement which provides for them. New subsections (3ZA) to (3ZF) also permit authorisations for the carrying out of intrusive surveillance in respect of residential premises to be granted of residential premises in an area which is the area of operation of the collaborative force and is specified in relation to members of that force in the collaboration agreement.

64.Section 9(6) inserts new subsections (5A) and (5B) into section 33. New subsection (5A) provides that references to a police force in new subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) 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.

New subsection (5B) provides that references to a Scottish police force in new subsections (1ZD) to (1ZF) and (3ZD) to (3ZF) are references to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.