Regulation of Investigatory Powers Bill - continued        House of Lords
PART II, SURVEILLANCE AND COVERT HUMAN INTELLIGENCE SOURCES - continued
Authorisation of surveillance and human intelligence sources - continued

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Persons entitled to grant authorisations under ss. 27 and 28.     29. - (1) Subject to subsection (3), the persons designated for the purposes of sections 27 and 28 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 27 or 28, 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 27 and 28 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) In subsection (1) "relevant public authority" means any of the following-
 
 
    (a) a police force;
 
    (b) the National Criminal Intelligence Service;
 
    (c) the National Crime Squad;
 
    (d) any of the intelligence services;
 
    (e) the Ministry of Defence;
 
    (f) any of Her Majesty's forces;
 
    (g) the Commissioners of Customs and Excise and their department;
 
    (h) any such public authority not falling within paragraphs (a) to (g) as may be specified for the purposes of this section by an order made by the Secretary of State.
      (5) The power to make an order under this section shall be exercisable by the Secretary of State.
 
      (6) Subject to subsections (7) and (8), the power to make an order under this section for the purposes of the grant of authorisations for conduct in Northern Ireland shall also be exercisable by the First Minister and deputy First Minister in Northern Ireland acting jointly.
 
      (7) The power of the First Minister and deputy First Minister in Northern Ireland to make an order under this section by virtue of subsection (1) or (3) shall not be exercisable except in relation to an authority specified for the purposes of this section by an order made under subsection (4)(h) by those Ministers acting jointly.
 
      (8) The power of the First Minister and deputy First Minister in Northern Ireland to make an order under this section-
 
 
    (a) shall not include power to make any provision dealing with an excepted matter;
 
    (b) shall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.
      (9) The power of the First Minister and deputy First Minister in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such statutory rule containing an order under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
 
      (10) An order under this section made by the First Minister and deputy First Minister in Northern Ireland may-
 
 
    (a) make different provision for different cases;
 
    (b) contain such incidental, supplemental, consequential and transitional provision as those Ministers think fit.
      (11) In this section "excepted matter" and "reserved matter" have the same meanings as in the Northern Ireland Act 1998; and, in relation to those matters, section 98(2) of that Act (meaning of "deals with") applies for the purposes of this section as it applies for the purposes of that Act.
 
Authorisation of intrusive surveillance.     30. - (1) Subject to the following provisions of this Part, the Secretary of State and each of the senior authorising officers shall have power to grant authorisations for the carrying out of intrusive surveillance.
 
      (2) Neither the Secretary of State nor any senior authorising officer shall grant an authorisation for the carrying out of intrusive surveillance unless he believes-
 
 
    (a) that the authorisation is necessary on grounds falling within subsection (3); and
 
    (b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.
      (3) Subject to the following provisions of this section, an authorisation is necessary on grounds falling within this subsection if it is necessary-
 
 
    (a) in the interests of national security;
 
    (b) for the purpose of preventing or detecting serious crime; or
 
    (c) in the interests of the economic well-being of the United Kingdom.
      (4) The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether the information which it is thought necessary to obtain by the authorised conduct could reasonably be obtained by other means.
 
      (5) The conduct that is authorised by an authorisation for the carrying out of intrusive surveillance is any conduct that-
 
 
    (a) consists in the carrying out of intrusive surveillance of any such description as is specified in the authorisation;
 
    (b) is carried out in relation to the residential premises specified or described in the authorisation or in relation to the private vehicle so specified or described; and
 
    (c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.
      (6) For the purposes of this section the senior authorising officers are-
 
 
    (a) the chief constable of every police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
 
    (b) the Commissioner of Police of the Metropolis and every Assistant Commissioner of Police of the Metropolis;
 
    (c) the Commissioner of Police for the City of London;
 
    (d) the Chief Constable of the Royal Ulster Constabulary and the Deputy Chief Constable of the Royal Ulster Constabulary;
 
    (e) the Chief Constable of the Ministry of Defence Police;
 
    (f) the Provost Marshal of the Royal Navy Regulating Branch;
 
    (g) the Provost Marshal of the Royal Military Police;
 
    (h) the Provost Marshal of the Royal Air Force Police;
 
    (i) the Chief Constable of the British Transport Police;
 
    (j) the Director General of the National Criminal Intelligence Service;
 
    (k) the Director General of the National Crime Squad and any person holding the rank of assistant chief constable in that Squad who is designated for the purposes of this paragraph by that Director General; and
 
    (l) any customs officer designated for the purposes of this paragraph by the Commissioners of Customs and Excise.
 
Police and customs authorisations
Rules for grant of authorisations.     31. - (1) A person who is a designated person for the purposes of section 27 or 28 by reference to his office, rank or position with a police force, the National Criminal Intelligence Service or the National Crime Squad shall not grant an authorisation under that section except on an application made by a member of the same force, Service or Squad.
 
      (2) A person who is designated for the purposes of section 27 or 28 by reference to his office, rank or position with the Commissioners of Customs and Excise shall not grant an authorisation under that section except on an application made by a customs officer.
 
      (3) A person who is a senior authorising officer by reference to a police force, the National Criminal Intelligence Service or the National Crime Squad shall not grant an authorisation for the carrying out of intrusive surveillance except-
 
 
    (a) on an application made by a member of the same force, Service or Squad; and
 
    (b) in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force, Service or Squad.
      (4) A person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a customs officer.
 
      (5) A single authorisation may combine both-
 
 
    (a) an authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, the National Criminal Intelligence Service or the National Crime Squad, or who is a customs officer; and
 
    (b) an authorisation given by, or on the application of, that individual under Part III of the Police Act 1997;
       but the provisions of this Act or that Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
 
      (6) For the purposes of this section-
 
 
    (a) the area of operation of a police force maintained under section 2 of the Police Act 1996, of the metropolitan police force or of the City of London police force is the area for which that force is maintained;
 
    (b) the area of operation of the Royal Ulster Constabulary is Northern Ireland;
 
    (c) residential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the Ministry of Defence Police Act 1987, have the powers and privileges of a constable;
 
    (d) residential premises are in the area of operation of the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police if they are premises owned or occupied by, or used for residential purposes by, a person subject to service discipline;
 
    (e) the area of operation of the British Transport Police and also of the National Criminal Intelligence Service is the United Kingdom;
 
    (f) the area of operation of the National Crime Squad is England and Wales;
       and references in this section to the United Kingdom or to any part or area of the United Kingdom include any adjacent waters within the seaward limits of the territorial waters of the United Kingdom.
 
      (7) For the purposes of this section a person is subject to service discipline-
 
 
    (a) in relation to the Royal Navy Regulating Branch, if he is subject to the Naval Discipline Act 1957 or is a civilian to whom Parts I and II of that Act for the time being apply by virtue of section 118 of that Act ;
 
    (b) in relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the Army Act 1955 for the time being applies by virtue of section 209 of that Act; and
 
    (c) in relation to the Royal Air Force Police, if he is subject to air-force law or is a civilian to whom Part II of the Air Force Act 1955 for the time being applies by virtue of section 209 of that Act.
 
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