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| Special rules for intelligence services authorisations. |
42. - (1) Subject to subsection (2), a warrant containing an authorisation for the carrying out of intrusive surveillance-
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(a) shall not be issued on the application of a member of any of the intelligence services, and |
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(b) if so issued shall not be renewed, |
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except under the hand of the Secretary of State.
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(2) In an urgent case in which-
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(a) an application for a warrant containing an authorisation for the carrying out of intrusive surveillance has been made by a member of any of the intelligence services, and |
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(b) the Secretary of State has himself expressly authorised the issue of the warrant in that case, |
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the warrant may be issued (but not renewed) under the hand of a senior official.
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(3) A warrant containing an authorisation for the carrying out of intrusive surveillance which-
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(a) was issued, on the application of a member of any of the intelligence services, under the hand of a senior official, and |
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(b) has not been renewed under the hand of the Secretary of State, |
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shall cease to have effect at the end of the second working day following the day of the issue of the warrant, instead of at the time provided for by section 41(3).
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(4) Subject to subsection (3), where any warrant for the carrying out of intrusive surveillance which is issued or was last renewed on the application of a member of any of the intelligence services, the warrant (unless renewed or, as the case may be, renewed again) shall cease to have effect at the following time, instead of at the time provided for by section 41(3), namely-
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(a) in the case of a warrant that has not been renewed, at the end of the period of six months beginning with the day on which it was issued; and |
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(b) in any other case, at the end of the period of six months beginning with the day on which it would have ceased to have effect if not renewed again. |
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(5) Where-
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(a) an authorisation for the carrying out of directed surveillance is granted by a member of any of the intelligence services, and |
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(b) the authorisation is renewed by an instrument endorsed under the hand of the person renewing the authorisation with a statement that the renewal is believed to be necessary on grounds falling within section 30(3)(a) or (c), |
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the authorisation (unless renewed again) shall cease to have effect at the end of the period of six months beginning with the day on which it would have ceased to have effect but for the renewal, instead of at the time provided for by section 41(3).
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(6) Notwithstanding anything in section 41(2), in a case in which there is a combined warrant containing both-
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(a) an authorisation for the carrying out of intrusive surveillance, and |
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(b) an authorisation for the carrying out of directed surveillance, |
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the reference in subsection (4) of this section to a warrant for the carrying out of intrusive surveillance is a reference to the warrant so far as it confers both authorisations.
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| Cancellation of authorisations. |
43. - (1) The person who granted or, as the case may be, last renewed an authorisation under this Part shall cancel it if-
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(a) he is satisfied that the authorisation is one in relation to which the requirements of section 27(2)(a) and (b), 28(2)(a) and (b) or, as the case may be, 30(2)(a) and (b) are no longer satisfied; or |
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(b) in the case of an authorisation under section 28, he is satisfied that arrangements for the source's case that satisfy the requirements of subsection (5) of that section no longer exist. |
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(2) Where an authorisation under this Part was granted or, as the case may be, last renewed-
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(a) by a person entitled to act for any other person, or, |
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(b) by the deputy of any other person, |
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that other person shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).
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(3) Where an authorisation under this Part was granted or, as the case may be, last renewed by a person whose deputy had power to grant it, that deputy shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).
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(4) The Secretary of State may by regulations provide for the person by whom any duty imposed by this section is to be performed in a case in which it would otherwise fall on a person designated for the purposes of section 27 or 28 who is no longer available to perform it.
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(5) Regulations under subsection (4) may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations.
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(6) The references in this section to a person's deputy are references to the following-
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(i) a chief constable of a police force maintained under section 2 of the Police Act 1996, or
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(ii) the Commissioner of Police for the City of London,
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to his designated deputy; |
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(b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; |
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(c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary; |
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(d) in relation to the Director General of the National Criminal Intelligence Service, to his designated deputy; and |
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(e) in relation to the Director General of the National Crime Squad, to any person designated by him for the purposes of section 30(6)(k) or to his designated deputy. |
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(7) In this section "designated deputy" has the same meaning as in section 32.
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Supplemental provision for Part II |
| Power to extend or modify authorisation provisions. |
44. - (1) The Secretary of State may by order do any one or more of the following-
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(a) apply this Part, with such modifications as he thinks fit, to any such surveillance that is neither directed nor intrusive as may be described in the order; |
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(b) provide for any description of directed surveillance to be treated for the purposes of this Part as intrusive surveillance; |
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(c) provide for any description of intrusive surveillance to be treated for the purposes of this Part as directed surveillance. |
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(2) No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.
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| Interpretation of Part II. |
45. - (1) In this Part-
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"covert human intelligence source" shall be construed in accordance with section 25(7); |
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"directed" and "intrusive", in relation to surveillance, shall be construed in accordance with section 25(2) to (5); |
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"private vehicle" means (subject to subsection (8)(a)) any vehicle which is used primarily for the private purposes of the person who owns it or of a person otherwise having the right to use it; |
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"residential premises" means (subject to subsection (8)(b)) so much of any premises as is for the time being occupied or used by any person, however temporarily, for residential purposes or otherwise as living accommodation (including hotel or prison accommodation that is so occupied or used); |
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"senior authorising officer" means a person who by virtue of subsection (6) of section 30 is a senior authorising officer for the purposes of that section; |
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"surveillance" shall be construed in accordance with subsections (2) to (4); |
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"surveillance device" means any apparatus designed or adapted for use in surveillance. |
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(2) Subject to subsection (3), in this Part "surveillance" includes-
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(a) monitoring, observing or listening to persons, their movements, their conversations or their other activities or communications; |
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(b) recording anything monitored, observed or listened to in the course of surveillance; and |
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(c) surveillance by or with the assistance of a surveillance device. |
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(3) References in this Part to surveillance do not include references to-
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(a) any conduct of a covert human intelligence source for obtaining or recording (whether or not using a surveillance device) any information which is disclosed in the presence of the source; |
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(b) the use of a covert human intelligence source for so obtaining or recording information; or |
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(c) any such entry on or interference with property or with wireless telegraphy as would be unlawful unless authorised under- |
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(i) section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or
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(ii) Part III of the Police Act 1997 (powers of the police and of customs officers).
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(4) References in this Part to surveillance include references to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system if, and only if-
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(a) the communication is one sent by or intended for a person who has consented to the interception of communications sent by or to him; and |
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(b) there is no interception warrant authorising the interception. |
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(5) References in this Part to an individual holding an office or position with a public authority include references to any member, official or employee of that authority.
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(6) For the purposes of this Part the activities of a covert human intelligence source which are to be taken as activities for the benefit of a particular public authority include any conduct of his as such a source which is in response to inducements or requests made by or on behalf of that authority.
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(7) References in this Part to a police force do not include references to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.
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(8) In subsection (1)-
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(a) the reference to a person having the right to use a vehicle does not, in relation to a motor vehicle, include a reference to a person whose right to use the vehicle derives only from his having paid, or undertaken to pay, for the use of the vehicle and its driver for a particular journey; and |
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(b) the reference to premises occupied or used by any person for residential purposes or otherwise as living accommodation does not include a reference to so much of any premises as constitutes any common area to which he has or is allowed access in connection with his use or occupation of any accommodation. |
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(9) In this section-
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"premises" includes any vehicle or moveable structure and any other place whatever, whether or not occupied as land; |
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"vehicle" includes any vessel, aircraft or hovercraft. |
