Regulation of Investigatory Powers Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 26
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
113     Page 29, line 4, leave out subsection (3) 
  
Clause 27
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
114     Page 29, line 32, leave out paragraph (g) 
  
BY THE LORD BASSAM OF BRIGHTON
 
115     Page 29, line 41, at end insert--
 
    ("(5)  The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
Clause 28
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
116     Page 29, line 45, at end insert ("other than in relation to a source whose conduct falls within section 25(7)(d)") 
117     Page 30, line 21, leave out paragraph (g) 
  
BY THE LORD BASSAM OF BRIGHTON
 
118     Page 31, line 8, at end insert--
 
    ("(5A)  The Secretary of State shall not make an order under subsection (3)(g) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
119     Page 31, line 21, at end insert--
 
    ("(  )  An authorisation for the conduct and use of a covert human intelligence source whose conduct falls within section 25(7)(d) shall be governed by the same procedures as apply to the authorisation of conduct for the carrying out of intrusive surveillance.")
 
  
Clause 29
 
  
BY THE LORD BASSAM OF BRIGHTON
 
120     Page 31, line 43, leave out subsection (4) and insert--
 
    ("(4)  A public authority is a relevant public authority for the purposes of this section--
    (a)  in relation to section 27 if it is specified in Part I or II of Schedule (Relevant public authorities); and
    (b)  in relation to section 28 if it is specified in Part I of that Schedule.
    (4A)  The Secretary of State may by order amend Schedule (Relevant public authorities) by--
    (a)  adding a public authority to Part I or II of that Schedule;
    (b)  removing a public authority from that Schedule;
    (c)  moving a public authority from one Part of that Schedule to the other;
    (d)  making any change consequential on any change in the name of a public authority specified in that Schedule.
    (4B)  The Secretary of State shall not make an order under subsection (4A) containing any provision for--
    (a)  adding any public authority to Part I or II of that Schedule, or
    (b)  moving any public authority from Part II to Part I of that Schedule,
unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
121     Page 32, line 18, leave out from ("authority") to second ("by") in line 19 and insert ("added to Schedule (Relevant public authorities) by an order made under subsection (4A)") 
  
Clause 30
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
122     Page 33, line 10, leave out paragraph (a) 
123     Page 33, line 12, leave out paragraph (c) 
  
BY THE LORD BASSAM OF BRIGHTON
 
123A*     Page 33, line 32, at end insert-- 
 
    ("(  )  the chief constable of every police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (police forces for areas in Scotland);")
1967 c. 77.
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
124     Page 33, line 46, at end insert--
 
    ("(7)  No authorisation shall take effect until such time (if any) as--
    (a)  the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and
    (b)  written notice of the Commissioner's decision to approve the grant of the authorisation has been given to the person who granted the authorisation.")
 
  
Clause 31
 
  
BY THE LORD BASSAM OF BRIGHTON
 
124A*     Page 34, line 36, leave out ("or of the City of London Police Force") and insert (",  of the City of London Police Force or of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967")1967 c. 77.
  
Clause 32
 
  
BY THE LORD BASSAM OF BRIGHTON
 
124B*     Page 36, line 7, at end insert-- 
 
    ("(  )  a person is entitled to act for the chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 if he holds the rank of assistant chief constable in that force;")
1967 c. 77.
124C*     Page 36, line 45, at end insert ("or section 5(4) of the Police (Scotland) Act 1967")1967 c. 77.
  
Clause 33
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
125     Page 37, line 28, at end insert (";  and
    (c)  where he considers it appropriate to do so, attach conditions to the grant of approval")
 
  
BY THE LORD LUCAS
 
126     Page 37, line 32, leave out subsection (6) 
  
Clause 34
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
127     Page 38, line 16, at end insert (";  or
    (e)  a member of the Security Service in relation to law enforcement functions under section 1(4) of the Security Service Act 1989, as amended by section 1 of the Security Service Act 1996")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
127A*     Page 39, line 28, at end insert ("or 
 
          (iii)  a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,")
1967 c. 77.
  
Clause 35
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
128     Page 40, line 1, leave out ("may") and insert ("shall") 
129     Page 40, line 14, leave out ("may") and insert ("shall") 
130     Page 40, line 18, leave out ("may") and insert ("shall") 
131     Page 40, line 29, leave out ("may") and insert ("shall") 
  
Clause 39
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
132     Page 42, line 26, at end insert ("(other than in relation to law enforcement functions under section 1(4) of the Security Service Act 1989, as amended by section 1 of the Security Service Act 1996)") 
  
Clause 41
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
133     Page 44, line 25, leave out ("twelve") and insert ("three") 
134     Page 44, line 37, leave out from ("for") to ("unless") in line 38 and insert ("any conduct falling within this Part") 
  
Clause 42
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
135     Page 46, line 10, leave out ("six") and insert ("three") 
136     Page 46, line 12, leave out ("six") and insert ("three") 
  
Clause 43
 
  
BY THE LORD BASSAM OF BRIGHTON
 
136A*     Page 47, line 22, at end insert ("or 
 
          (iii)  a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,")
1967 c. 77.
  
After Clause 43
 
  
BY THE LORD BASSAM OF BRIGHTON
 
136B*     Insert the following new Clause-- 
     ("  .--(1)  No person shall grant or renew an authorisation under this Part for the carrying out of any conduct if it appears to him--
    (a)  that the authorisation is not one for which this Part is the relevant statutory provision for all parts of the United Kingdom; and
    (b)  that all the conduct authorised by the grant or, as the case may be, renewal of the authorisation is likely to take place in Scotland.
    (2)  In relation to any authorisation, this Part is the relevant statutory provision for all parts of the United Kingdom in so far as it--
    (a)  is granted or renewed on the grounds that it is necessary in the interests of national security or in the interests of the economic well-being of the United Kingdom;
    (b)  is granted or renewed by or on the application of a person holding any office, rank or position with any of the public authorities specified in subsection (3);
    (c)  authorises conduct of a person holding an office, rank or position with any of the public authorities so specified;
    (d)  authorises conduct of an individual acting as a covert human intelligence source for the benefit of any of the public authorities so specified; or
    (e)  authorises conduct that is surveillance by virtue of section 45(4).
    (3)  The public authorities mentioned in subsection (2) are--
    (a)  each of the intelligence services;
    (b)  Her Majesty's forces;
    (c)  the Ministry of Defence;
    (d)  the Ministry of Defence Police;
    (e)  the Commissioners of Customs and Excise; and
    (f)  the British Transport Police.
    (4)  For the purposes of so much of this Part as has effect in relation to any other public authority by virtue of--
    (a)  the fact that it is a public authority for the time being specified in Schedule (Relevant public authorities), or
    (b)  an order under subsection (1)(d) of section 39 designating that authority for the purposes of that section,
the authorities specified in subsection (3) of this section shall be treated as including that authority to the extent that the Secretary of State by order directs that the authority is a relevant public authority or, as the case may be, is a designated authority for all parts of the United Kingdom.")
Restrictions on authorisations extending to Scotland.
  
Clause 45
 
  
BY THE LORD BASSAM OF BRIGHTON
 
137     Page 48, line 5, leave out ("(5)") and insert ("(5A)") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
138     Page 48, line 39, leave out subsection (4) 
  
BY THE LORD BASSAM OF BRIGHTON
 
138A*     Page 49, line 6, leave out subsection (7) 
 
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