Statutory Instrument 2000 No. 2417
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000
(The document as of February, 2008)
-- Back --
STATUTORY INSTRUMENTS
2000 No. 2417
INVESTIGATORY POWERS
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000
| | Made | 7th September 2000 | |
| | Laid before Parliament | 8th September 2000 | |
| | Coming into force | 25th September 2000 | |
The Secretary of State, in exercise of the powers conferred on him by section 30(1) and (3) and section 78(5) of the Regulation of Investigatory Powers Act 2000[1], hereby makes the following Order:
Citation, commencement and interpretation 1. - (1) This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 and shall come into force on 25th September 2000.
(2) In this Order "the 2000 Act" means the Regulation of Investigatory Powers Act 2000.
Prescribed offices etc. 2. - (1) The offices, ranks and positions listed in column 2 of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act.
(2) Subject to paragraph (3), where an office, rank or position with a relevant public authority is prescribed by virtue of paragraph (1), all more senior offices, ranks or positions with that authority are also prescribed.
(3) Where an office, rank or position with a relevant public authority is described in column 2 by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to all more senior offices, ranks or positions with that public authority is a reference to all more senior offices, ranks or positions in that agency, unit, branch, division or part.
Additional offices etc. prescribed for urgent cases 3. - (1) The additional offices, ranks and positions listed in column 3 of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act, for the cases described in this article.
(2) An individual holding an office, rank or position which is prescribed by virtue of paragraph (1) may only grant an authorisation where it is not reasonably practicable having regard to the urgency of the case for the application to be considered by an individual in the same authority holding an office, rank or position prescribed by article 2.
(3) Where an office, rank or position with a relevant public authority is described in column 2 by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to an individual in the same authority is a reference to an individual in that agency, unit, branch, division or part.
Restricted prescriptions for certain cases 4. - (1) Where an entry in columns 2 or 3 of the Schedule to this Order is headed by a reference to an authorisation under section 28 or section 29 of the 2000 Act, as the case may be, the prescriptions by virtue of articles 2 and 3 apply accordingly.
(2) The prescriptions by virtue of articles 2 and 3 in relation to the Food Standards Agency and the Intervention Board for Agricultural Produce do not apply for the purposes of the grant of authorisations for conduct in Northern Ireland.
Charles ClarkeMinister of State
Home Office
7th September 2000
SCHEDULEArticle 2
PART IPrescriptions for public authorities which are relevant public authorities for the purposes of ss. 28 and 29
| (1) | (2) | (3) |
| Relevant public authorities | Prescribed offices etc. | Urgent cases |
| Police Forces |
| A police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London) | Superintendent | Inspector |
| A police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 | Superintendent | Inspector |
| The metropolitan police force | Superintendent | Inspector |
| The City of London police force | Superintendent | Inspector |
| The Royal Ulster Constabulary | Superintendent | Inspector |
| The Ministry of Defence Police | Superintendent | Inspector |
| The Royal Navy Regulating Branch | Provost Marshal | |
| The Royal Military Police | Lieutenant Colonel | Major |
| The Royal Air Force Police | Wing Commander | Squadron Leader |
| The British Transport Police | Superintendent | Inspector |
| The National Criminal Intelligence Service | Superintendent | Inspector |
| The National Crime Squad | Superintendent | Inspector |
| The Serious Fraud Office | Assistant Director | |
| The Intelligence Services |
| Government Communications Headquarters | GC8 | |
| The Security Service | General Duties 3 or any other Officer at Level 3 | |
| The Secret Intelligence Service | Band C | |
| Her Majesty's Forces |
| The Royal Navy | Commander | Lieutenant Commander |
| The Army | Lieutenant Colonel | Major |
| The Royal Air Force | Wing Commander | Squadron Leader |
| The Commissioners of Customs and Excise | Band 9 | Band 7 or 8 |
| The Commissioners of Inland Revenue | Band C1 | Band C2 |
| The Ministry of Agriculture, Fisheries and Food | Senior Investigation Officer in MAFF Investigation Branch | |
| | Senior Investigation Officer in Centre for Environment, Fisheries and Aquaculture Science | |
| | Section 28 authorisation
Regional Horticultural Marketing Inspector in Horticultural Marketing Inspectorate
| |
| | Section 28 authorisation
Senior Plant Health and Seed Inspector in Plant Health and Seed Inspectorate
| |
| | Section 28 authorisation
Chief Egg Marketing Inspector in Egg Marketing Inspectorate
| |
| | Section 28 authorisation
District Inspector in Sea Fisheries Inspectorate
| |
| Ministry of Defence | Band C1 | Band C2 |
| The Department of the Environment, Transport and the Regions | Head of Maritime Section, Head of Channel Tunnel and Railways Section, Senior Aviation Security Inspector | |
| | Section 28 authorisation
Area Manager in Vehicle Inspectorate
| Section 28 authorisation
Senior Vehicle Examiner or Senior Traffic Examiner in Vehicle Inspectorate
|
| The Department of Health | Integrated Payband 3 (Standard 2) in Medicines Control Agency | |
| | Integrated Payband 3 (Standard 2) in Directorate of Counter Fraud Services | |
| | Integrated Payband 3 (Standard 2) in Medical Devices Agency | |
| | Section 28 authorisation
Integrated Payband 4 in Welfare Foods Policy Unit
| Section 28 authorisation
Integrated Payband 3 (Standard 2) in Welfare Foods Policy Unit
|
| The Home Office | Senior Executive Officer or Grade 3B in HM Prison Service | Higher Executive Officer or Grade 3C in HM Prison Service |
| Immigration Inspector or any other Senior Executive Officer in Immigration Service | Chief Immigration Officer or any other Higher Executive Officer in Immigration Service | |
| The Department of Social Security | Director's Investigation Liaison Officer, Senior Executive Officer in Departmental Security Division, Senior Executive Officer in Audit Services | Director's Deputy Investigation Liaison Officer, Higher Executive Officer in Departmental Security Division, Higher Executive Officer in Audit Services |
| | Band C4 in Benefits Agency | Band C3 in Benefits Agency |
| | Senior Executive Officer in Child Support Agency | Higher Executive Officer in Child Support Agency |
| | Senior Executive Officer in War Pensions Agency | Higher Executive Officer in War Pensions Agency |
| The Department of Trade and Industry | Deputy Inspector of Companies in Companies Investigation Branch | |
| | Chief Investigation Officer or Member of Senior Civil Service in Legal Services Directorate Branch D | |
| | Section 28 authorisation
Radio Specialist 5 or Range 9 Officer in Radiocommunications Agency
| Section 28 authorisation
Radio Specialist 4 or Range 8 Officer in Radiocommunications Agency
|
| | Section 29 authorisation
Member of Senior Civil Service in Radiocommunications Agency
| |
| | Section 28 authorisation
Member of Senior Civil Service in British Trade International
| |
| | Section 28 authorisation
Range 10 Officer in Coal Health Claims Unit
| Section 28 authorisation
Range 9 Officer in Coal Health Claims Unit
|
| The National Assembly for Wales | Head of NHS Directorate, Head of Health Services Division, Head of NHS Finance Division | Member of Health Services Division at a level equivalent to Grade 7, Member of NHS Finance Division at a level equivalent to Grade 7 |
| | Head of Common Agricultural Policy Management Division | Member of Common Agricultural Policy Management Division at a level equivalent to Grade 7 |
| A Local Authority (within the meaning of section 1 of the Local Government Act 1999) | Assistant Chief Officer, Officer responsible for the management of an investigation | |
| The Environment Agency | Section 28 authorisation
Area Management Team Member, Regional Section Head, Head of a National Service, Head of a National Centre
| Section 28 authorisation
Area Team Leader
|
| | Section 29 authorisation
Area Manager
| Section 29 authorisation
Area Management Team Member, Regional Section Head, Head of a National Service, Head of a National Centre
|
| The Financial Services Authority | Head of Department | Manager |
| The Food Standards Agency | Section 28 authorisation
Head of Division, Veterinary Director, Veterinary Head of HQ Team, Veterinary Head of Field Team, Director for Scotland, Director for Wales
Section 29 authorisation
Head of Group
| |
| The Intervention Board for Agricultural Produce | Senior Executive Officer | |
| The Personal Investment Authority | Head of Department | Manager |
| The Post Office | Territorial Security Manager | |
PART IIPrescriptions for public authorities which are relevant public authorities for the purposes of s.28 only
| (1) | (2) | (3) |
| Relevant public authorities | Prescribed offices etc. | Urgent cases |
| The Health and Safety Executive | Band 2 Inspector | |
| A Health Authority established under section 8 of the National Health Service Act 1977 | Senior Manager Pay Range 4 | |
| A Special Health Authority established under section 11 of the National Health Service Act 1977 | Chief Executive | |
| A National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 | Chief Executive | |
| The Royal Pharmaceutical Society of Great Britain | Director of Professional Standards, Head of Pharmacy Law | |
EXPLANATORY NOTE
(This note is not part of the Order)This Order prescribes offices, ranks and positions for the purposes of section 30(1) of the Regulation of Investigatory Powers Act 2000 ("the 2000 Act"), under which individuals holding such offices, ranks or positions are designated persons for the purposes of granting authorisations under sections 28 and 29 of the 2000 Act.
An individual holding an office, rank or position listed in column 2 of Part 1 of the Schedule to the Order, with a public authority listed in column 1, or a more senior office, rank or position, may grant authorisations under either section 28 or section 29 unless otherwise indicated in the Schedule.
The public authorities listed in column 1 of Part II of the Schedule to the Order are the authorities listed in Part II of Schedule 1 to the Regulation of Investigatory Powers Act 2000. Such authorities are relevant public authorities for the purposes of section 28 only. An individual holding an office, rank or position listed in column 2 with such an authority, or a more senior office, rank or position, may only grant authorisations under section 28.
Additional offices, ranks and positions are prescribed for urgent cases.
Notes:[1] 2000 c. 23.back
ISBN 0 11 099847 2
-- Back --
