{
  "url": "https://openlegislation.uk/regulation-of-investigatory-powers-criminal-conduct-authorisations-amendment-order-2021/article-4",
  "json_url": "https://openlegislation.uk/regulation-of-investigatory-powers-criminal-conduct-authorisations-amendment-order-2021/article-4.json",
  "legislation": "uksi/2021/601",
  "legislation_title": "The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021",
  "legislation_url": "https://openlegislation.uk/regulation-of-investigatory-powers-criminal-conduct-authorisations-amendment-order-2021",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010",
  "text": "(1) The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 is amended as follows.\n(2) In article 3 (prescribed offices, ranks and position with relevant public authorities), at the end of paragraph (2)(aa) omit “and” and insert—\n“(ab) column (2) of Part 1B of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29B of the Act), and”.\n(3) For article 4(2) (additional offices, ranks and positions prescribed for urgent cases), substitute—\n“(2) An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation—\n(a) for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule;\n(b) for the purposes of section 29 or 29B in the case of an entry in Part 1A of the Schedule;\n(c) for the purposes of section 29B only in the case of an entry in Part 1B; or\n(d) for the purposes of section 28 only in the case of an entry in Part 2,\nwhere is it not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule.”.\n(4) In article 5 (restrictions on the granting of authorisations)—\n(a) in paragraph (1), after “column (2) or (3)” insert “of Parts 1, 1A and 2”;\n(b) after paragraph (1), insert—\n“(1A) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1A of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in the corresponding entry in column (5) of that Part.\n(1B) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1B of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in section 29B(5) of the Act which are listed in the corresponding entry in column (4) of that Part.”;\n(c) in paragraph (2)—\n(i) in sub-paragraph (aa)—\n(aa) after “29(3)” insert “or 29B(5)”;\n(bb) omit “or” at the end of the sub-paragraph;\n(ii) after sub-paragraph (aa), insert—\n“(ab) section 29B(5) of the Act in the case of an entry in Part 1B, or”.\n(5) In article 8 (restrictions on granting of authorisations apply to more senior offices etc.), for “28 and 29” substitute “28, 29 and 29B”.\n(6) In Part 1 of the Schedule (offices etc. and restrictions in respect of public authorities specified in Part 1 of Schedule 1 to the Act)—\n(a) in the entry for the Police Service of Northern Ireland, column (3), for “Inspector” substitute “Superintendent”;\n(b) in the entry for the Ministry of Justice—\n(i) for both entries in column (2), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;\n(ii) for both entries in column (3), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;\n(c) in the entry for the Environment Agency, omit “Area Director or”;\n(d) in the entry for the Food Standards Agency—\n(i) for each entry in column (2) substitute “Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department”;\n(ii) for each entry in column (3), substitute—\n“\nSection 28 authorisation\nGrade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit\nSection 29 authorisation\nGrade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit\n”.\n(7) For the table in Part 1A of the Schedule, substitute the following table—\n“\n(1)\nRelevant public authorities\n(2)\nPrescribed offices etc\n(3)\nUrgent Cases\n(4)\nGrounds set out in section 29(3) of the Act\n(5)\nGrounds set out in section 29B(5) of the Act\nA police force maintained under section 2 of the Police Act 1996\nRelevant Source Authorisation\nAssistant Chief Constable\nLong Term Authorisation\nChief Constable\nSuperintendent\nParagraphs (a), (b), (c), (d) and (e)\nParagraphs (a), (b) and (c)\nThe City of London Police Force\nRelevant Source Authorisation\nCommander\nLong Term Authorisation\nCommissioner\nSuperintendent\nParagraphs (a), (b), (c), (d) and (e)\nParagraphs (a), (b) and (c)\nThe Metropolitan Police Force\nRelevant Source Authorisation\nCommander\nLong Term Authorisation\nAssistant Commissioner\nSuperintendent\nParagraphs (a), (b), (c), (d) and (e)\nParagraphs (a), (b) and (c)\nThe Police Service of Northern Ireland\nRelevant Source Authorisation\nAssistant Chief Constable\nLong Term Authorisation\nChief Constable\nSuperintendent\nParagraphs (a), (b), (c), (d) and (e)\nParagraphs (a), (b) and (c)\nThe Police Service of Scotland\nRelevant Source Authorisation\nAssistant Chief Constable\nLong Term Authorisation\nChief Constable\nSuperintendent\nParagraphs (a), (b), (c), (d) and (e)\nParagraphs (a) and (c)\nThe Ministry of Defence Police\nRelevant Source Authorisation\nAssistant Chief Constable\nLong Term Authorisation\nChief Constable\nSuperintendent\nParagraphs (a), (b) and (c)\nParagraphs (a), (b) and (c)\nThe Royal Navy Police\nRelevant Source Authorisation\nCommander\nLong Term Authorisation\nProvost Marshal (Navy)\nLieutenant Commander\nParagraphs (a), (b) and (c)\nParagraphs (a), (b) and (c)\nThe Royal Military Police\nRelevant Source Authorisation\nColonel\nLong Term Authorisation\nProvost Marshal (Army)\nMajor\nParagraphs (a), (b) and (c)\nParagraphs (a), (b) and (c)\nThe Royal Air Force Police\nRelevant Source Authorisation\nWing Commander\nLong Term Authorisation\nProvost Marshal (Royal Air Force)\nSquadron Leader\nParagraphs (a), (b) and (c)\nParagraphs (a), (b) and (c)\nThe British Transport Police\nRelevant Source Authorisation\nAssistant Chief Constable\nLong Term Authorisation\nChief Constable\nSuperintendent\nParagraphs (a), (b), (c), (d) and (e)\nParagraphs (a), (b) and (c)\nThe National Crime Agency\nRelevant Source Authorisation\nDeputy Director\nLong Term Authorisation\nDeputy Director General\nGrade 2 Senior Manager\nParagraph (b)\nParagraph (b)\nHer Majesty’s Revenue and Customs\nRelevant Source Authorisation\nAssistant Director\nLong Term Authorisation\nDirector Criminal Investigation\nSenior Officer\nParagraphs (a), (b), (d), (e) and (f)\nParagraphs (a) and (b)\nThe Home Office\nRelevant Source Authorisation\nSenior Civil Service pay band 1 with responsibility for criminal investigations in relation to immigration and border security\nLong Term Authorisation\nDirector General with responsibility for criminal investigations in relation to immigration and border security\nGrade 6 with responsibility for criminal investigations in relation to immigration and border security\nParagraphs (b), (c) and (d)\nParagraphs (b) and (c)\n”.\n(8) After Part 1A of the Schedule, insert—\n“PART 1B\nOffices etc and Restrictions in Respect of Public Authorities Specified in Part A1 of Schedule 1 to the Act\n(1)\nRelevant public authorities\n(2)\nPrescribed Offices etc\n(3)\nUrgent cases\n(4)\nGrounds set out in section 29B(5)\nA police force maintained under section 2 of the Police Act 1996\nSuperintendent\nInspector\nParagraphs (a), (b) and (c)\nThe Metropolitan police force\nSuperintendent\nInspector\nParagraphs (a), (b) and (c)\nThe City of London police force\nSuperintendent\nInspector\nParagraphs (a), (b) and (c)\nThe Police Service of Scotland\nSuperintendent\nInspector\nParagraphs (a) and (c)\nThe Police Service of Northern Ireland\nSuperintendent\nSuperintendent\nParagraphs (a), (b) and (c)\nThe Ministry of Defence Police\nSuperintendent\nInspector\nParagraphs (a), (b) and (c)\nThe Royal Navy Police\nCommander\nLieutenant Commander\nParagraphs (a), (b) and (c)\nThe Royal Military Police\nLieutenant Colonel\nMajor\nParagraphs (a), (b) and (c)\nThe Royal Air Force Police\nWing Commander\nSquadron Leader\nParagraphs (a), (b) and (c)\nThe British Transport Police\nSuperintendent\nInspector\nParagraphs (a), (b) and (c)\nThe National Crime Agency\nSenior Manager (Grade 2)\nPrincipal Officer (Grade 3)\nParagraph (b)\nThe Security Service\nGeneral Duties 3 or any other Officer at Level 3\n–\nParagraphs (a), (b) and (c)\nThe Secret Intelligence Service\nGrade 6 or equivalent\n–\nParagraphs (a), (b) and (c)\nThe Government Communications Headquarters\nGC8\n–\nParagraphs (a), (b) and (c)\nThe Royal Navy\nCommander\nLieutenant Commander\nParagraphs (a), (b) and (c)\nThe Army\nLieutenant Colonel\nMajor\nParagraphs (a), (b) and (c)\nThe Royal Air Force\nWing Commander\nSquadron Leader\nParagraphs (a), (b) and (c)\nHer Majesty’s Revenue and Customs\nSenior Officer\nHigher Officer\nParagraphs (a) and (b)\nThe Department of Health and Social Care\nGrade 6 in the Medicines and Healthcare Products Regulatory Authority\nGrade 7 in the Medicines and Healthcare Products Regulatory Authority\nParagraph (b)\nThe Home Office\nImmigration Inspector or Senior Officer with responsibility for immigration and border security investigations and functions\nChief Immigration Officer or Higher Officer with responsibility for immigration and border security investigations and functions\nParagraphs (b) and (c)\nThe Ministry of Justice\nA civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service\nA civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service\nParagraph (b)\nThe Competition and Markets Authority\nAny member of the Senior Civil Service with responsibility for cartels or criminal enforcement\nGrade 6 in the Cartels and Criminal Enforcement Group\nParagraphs (b) and (c)\nThe Environment Agency\nDeputy Director National Enforcement Service or equivalent Deputy Director\n–\nParagraph (b)\nThe Financial Conduct Authority\nA Head of Department in the Enforcement and Financial Crime Division\nA Manager in the Enforcement and Financial Crime Division\nParagraph (b)\nThe Food Standards Agency\nGrade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department\nGrade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit\nParagraph (b)\nThe Gambling Commission\nSenior Manager\n–\nParagraph (b)\nThe Serious Fraud Office\nGrade 6\n–\nParagraph (b)\n”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2010/521. Article 2(aa) was inserted by S.I. 2013/2788; article 4(2) was amended by S.I. 2012/1500 and by S.I. 2013/2788; article 5 was amended by S.I. 2013/2788; and Part 1A of the Schedule was inserted by S.I. 2013/2788."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1996 c. 16. Section 2 was amended by section 99 of, and paragraphs 1 and 4 (1) to (3) of Part 1 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Only provision relating to reserved matters is made for the Police Service of Scotland because the changes made by the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 to the Regulation of Investigatory Powers Act 2000 only relate to reserved matters, within the meaning of the Scotland Act 1998 (c. 46)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/601/article/4",
    "retrieved_at": "2026-10-28T22:13:24.794949+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}