Article 7 Application for approval for authorisation or notice

(1)

This rule applies where an applicant wants a magistrates’ court to make an order approving—

(a)

under sections 23A and 23B of the Regulation of Investigatory Powers Act 2000^f1—

(i)

an authorisation to obtain or disclose communications data, under section 22(3) of the 2000 Act^f2, or

(ii)

a notice that requires a postal or telecommunications operator if need be to obtain, and in any case to disclose, communications data, under section 22(4) of the 2000 Act;

(b)

under sections 32A and 32B of the Regulation of Investigatory Powers Act 2000^f3, an authorisation for—

(i)

the carrying out of directed surveillance, under section 28 of the 2000 Act, or

(ii)

the conduct or use of a covert human intelligence source, under section 29 of the 2000 Act^f4.

(2)

The applicant must—

(a)

apply in writing and serve the application on the court officer;

(b)

attach the authorisation or notice which the applicant wants the court to approve;

(c)

attach such other material (if any) on which the applicant relies to satisfy the court—

(i)

as required by section 23A(3) and (4) of the 2000 Act, in relation to communications data,

(ii)

as required by section 32A(3) and (4) of the 2000 Act, in relation to directed surveillance, or

(iii)

as required by section 32A(5) and (6), and, if relevant, section 43(6A), of the 2000 Act^f5, in relation to a covert human intelligence source; and

(d)

propose the terms of the order.

Annotations

Footnotes

f1: 2000 c. 23; sections 23A and 23B are inserted by section 37 of the Protection of Freedoms Act 2012 (c. 9), with effect from 1 November 2012 (see S.I. 2012/2075, article 4(a) and article 6).
f2: 2000 c. 23; section 22 was amended by section 112 of, and paragraphs 12 and 13 of Schedule 7 to, the Policing and Crime Act 2009 (c. 26).
f3: 2000 c. 23; sections 32A and 32B are inserted by section 38 of the Protection of Freedoms Act 2012 (c. 9), with effect from 1 November 2012 (see S.I. 2012/2075, article 4(b) and article 6).
f4: 2000 c. 23; section 29 was amended by section 8 of the Policing and Crime Act 2009 (c. 26).
f5: 2000 c. 23; section 43(6A) is inserted by section 38 of the Protection of Freedoms Act 2012 (c. 9), with effect from 1 November 2012 (see S.I. 2012/2075, article 4(b) and article 6).