Article 2 InterpretationI1
Scotland
In this Order—
“Commissioner” means F1a Judicial Commissioner;
“communications subject to legal privilege” means—
- (a)
communications between a professional legal adviser and that adviser’s client; or
- (b)
communications made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
- (a)
which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to the confidentiality of communications;
“long term authorisation” has the meaning given by article 8;
“private information” has the meaning given by section 1(9) of the Act;
“relevant source” means a source holding an office, rank or position with—
- (a)
the Police Service of Scotland;
- (b)
a police force maintained under section 2 of the Police Act 1996f1;
- (c)
the metropolitan police force;
- (d)
the City of London police force;
- (e)
the Police Service of Northern Ireland;
- (f)
the National Crime Agency;
- (g)
the Ministry of Defence Police;
- (ga)
F2the tri-service serious crime unit;
- (i)
the British Transport Police Force;
- (j)
the Royal Navy Police; or
- (k)
the Royal Military Police;
- (a)
“source” means a covert human intelligence source;
“the 2010 Order” means the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010f2;
“the Act” means the Regulation of Investigatory Powers (Scotland) Act 2000; and
F3“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
“writing” includes electronic communications within the meaning given by section 15 of the Electronic Communications Act 2000f3.
Annotations
Textual amendments
- F1
Words in art. 2 substituted (11.9.2017) by The Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017 (S.I. 2017/845), regs. 1, 6(2) (with reg. 6(3))
- F2
Words in art. 2 inserted (5.12.2022) by The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022 (S.I. 2022/1051), regs. 1(2), 18(2)(a)
- F3
Words in art. 2 inserted (5.12.2022) by The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022 (S.I. 2022/1051), regs. 1(2), 18(2)(b)
Commencement
Footnotes
- f1
- f2
S.S.I. 2010/350. This Order has been amended by paragraph 36 of Schedule 1 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119).
- f3
2000 c.7. Section 15 has been amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).