Section 30 Persons entitled to grant authorisations under ss. 28 , 29 and 29B.F12

(1)

Subject to subsection (3), the persons designated for the purposes of sections 28 F1, 29 and 29B 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 28 F2, 29 or 29B, 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 28 F3, 29 and 29B 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)

A public authority is a relevant public authority for the purposes of this section—

(a)

in relation to section 28 if it is specified in Part F4A1, 1 or 2 of Schedule 1; F5...

(b)

in relation to section 29 if it is specified in Part F6A1 or 1 of that Schedule F7; and

(c)

in relation to section 29B if it is specified in Part A1 of that Schedule

(5)

An order under this section may amend Schedule 1 by—

(a)

adding a public authority to Part F8A1, 1 or 2 of that Schedule;

(b)

removing a public authority from that Schedule;

(c)

moving a public authority from one Part of that Schedule to F9another;

(d)

making any change consequential on any change in the name of a public authority specified in that Schedule.

(6)

Without prejudice to section 31, the power to make an order under this section shall be exercisable by the Secretary of State.

(7)

The Secretary of State shall not make an order under subsection (5) containing any provision for—

(a)

adding any public authority to Part F10A1, 1 or 2 of that Schedule, or

(b)

moving any public authority F11from—

(i)

Part 1 or 2 to Part A1 of that Schedule, or

(ii)

Part 2 to Part 1 of that Schedule,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Annotations

Textual amendments

F1: Words in s. 30(1) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(3), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F2: Words in s. 30(2)(a) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(4), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F3: Words in s. 30(3)(a) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(5), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F4: Words in s. 30(4)(a) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(6)(a), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F5: Word in s. 30(4)(a) omitted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by virtue of Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(6)(b), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F6: Words in s. 30(4)(b) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(6)(c), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F7: S. 30(4)(c) and word inserted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(6)(d), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F8: Words in s. 30(5)(a) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(7)(a), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F9: Word in s. 30(5)(c) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(7)(b), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F10: Words in s. 30(7)(a) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(8)(a), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F11: Words in s. 30(7)(b) substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(8)(b), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)
F12: Words in s. 30 heading substituted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 4(2), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)

Notes on Part II

Modifications

C1

Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3

Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)

C2

Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))

C3

Pt. 2: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(a) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)