Investigatory Powers Citation, commencement and interpretation 1 1 This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 and shall come into force on 6 th April 2010. 2 In this Order “ the Act ” means the Regulation of Investigatory Powers Act 2000. 3 In this Order “relevant source” means a source holding an office, rank or position with one of the following— a a police force maintained under section 2 of the Police Act 1996, b the City of London Police Force, c the Metropolitan Police Force, d the Police Service of Northern Ireland, e the Police Service of Scotland, f the Ministry of Defence Police, g the Royal Navy Police, h the Royal Military Police, i the Royal Air Force Police, j the British Transport Police, k the National Crime Agency, l Her Majesty’s Revenue and Customs, or m the Home Office; “section 29 authorisation” means an authorisation for the conduct or the use of a source under section 29 of the Act ; “source” means covert human intelligence source. “ tri-service serious crime unit ” means the unit described in section 375(1A) of the Armed Forces Act 2006. Long Term Authorisation 1A 1 In this Order a section 29 authorisation for the conduct or use of a relevant source is a long term authorisation if the periods mentioned in paragraph (2)(a) and (b), when taken together, exceed 12 months. 2 Those periods are— a the period for which the relevant source will be authorised under the authorisation, having regard (where relevant) to paragraph (4), and b any period or periods, other than a period or periods to which paragraph (3) or (5) applies, for which the relevant source has previously been authorised as a source in relation to the same investigation or operation. 3 This paragraph applies to a period or periods for which the relevant source has been authorised as a source under a section 29 authorisation where that authorisation was granted orally or by a person whose entitlement to act is confined to urgent cases. 4 For the purposes of paragraph (2)(a) where the period or periods in respect of which a relevant source has previously been authorised as a source is less than 12 months in total, any further authorisation will cease to have effect, unless renewed, at the end of a period of 12 months less the total period for which the source has previously been authorised. 5 For the purposes of paragraphs (2)(b) and (4) any period of authorisation which ceased to have effect more than 3 years prior to the intended commencement date of the authorisation referred to at paragraph (2)(a) shall be disregarded. 6 In respect of an authorisation to which article 8(1)(b) of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010 applies references in paragraphs (1) and (4) of this article to 12 months should be read as references to 3 months. 7 For the purposes of this article any period for which the relevant source has previously been authorised as a source in relation to the same investigation or operation prior to 1st January 2014 shall be disregarded save for any period in relation to an authorisation that is extant on that date. Amendment of Parts 1 and 2 of Schedule 1 to the Act 2 1 Schedule 1 to the Act (relevant public authorities) is amended as follows. 2 In Part 1 (relevant public authorities for the purposes of sections 28 and 29) omit— a paragraph 4A (the force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board) , b paragraph 10 (the Ministry of Defence), c paragraph 15B (the Department for Work and Pensions) , d paragraph 20D (the Postal Services Commission) , and e paragraph 23 (a universal service provider (within the meaning of the Postal Services Act 2000 ) acting in connection with the provision of a universal postal service (within the meaning of that Act)) . 3 In that Part, for paragraph 17A (any fire authority within the meaning of the Fire Services Act 1947) substitute— 17A Any fire and rescue authority under the Fire and Rescue Services Act 2004 . 4 In that Part, after paragraph 20F insert— 20G The Health and Safety Executive. 5 In Part 2 (relevant public authorities for the purposes only of section 28) omit paragraph 24 (the Health and Safety Executive). 6 In that Part, after paragraph 28 insert— The Child Maintenance and Enforcement Commission 28A The Child Maintenance and Enforcement Commission. Special constables nominated by the Dover Harbour Board 28B The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board. The Department for Work and Pensions 28C The Department for Work and Pensions. The Postal Services Commission 28D The Postal Services Commission Universal service providers 28E A universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act). Prescribed offices, ranks and position with relevant public authorities 3 1 The Schedule to this Order has effect. 1A Part 1 to the Schedule has effect subject to Part 1A. 2 Subject to the restrictions in articles 5 to 7A , the offices, ranks and positions listed in the entries in— a column (2) of Part 1 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 sections 28 and 29 of the Act), ... aa column (2) of Part 1A 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 29 of the Act in relation to the authorisation of relevant sources), ... 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 b column (2) of Part 2 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 28 of the Act only), are prescribed for the purposes of section 30(1) of the Act. 3 Where an office, rank or position with a relevant public authority is prescribed by virtue of article 3(2), all more senior offices, ranks or positions with that authority are also prescribed for the purpose of section 30(1) of the 2000 Act, subject to article 8. 4 Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (3) to all more senior offices, ranks or positions with that authority is a reference to all more senior offices, ranks or positions with that agency, unit, branch, division or part. 5 In the entry for the Department for Transport in Part 1 of the Schedule— a “former Driving Standards Agency function” means a function of the Driving Standards Agency immediately before 1st April 2014; and b “former Vehicle and Operator Services Agency function” means a function of the Vehicle and Operator Services Agency immediately before 1st April 2014. Additional offices, ranks and positions prescribed for urgent cases 4 1 Subject to the restrictions in articles 5 to 7A , the offices, ranks and positions listed in the entries in column (3) 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 Schedule) are prescribed for the purposes of section 30(1) of the Act in the circumstances specified in paragraph (2). 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— a for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule; b for the purposes of section 29 or 29B in the case of an entry in Part 1A of the Schedule; c for the purposes of section 29B only in the case of an entry in Part 1B; or d for the purposes of section 28 only in the case of an entry in Part 2, where 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. Restrictions on the granting of authorisations 5 1 An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Parts 1, 1A and 2 of the Schedule may not grant an authorisation unless that individual believes it is necessary for any of the grounds set out in paragraphs (a) to (f) of— a section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or aa section 29(3) of the Act in the case of an entry in Part 1A, or b section 28(3) of the Act in the case of an entry in Part 2, which is listed in the corresponding entry in column (4) of the Schedule. 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. 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. 2 In column (4), a reference to a lettered paragraph is a reference to a paragraph identified by means of that letter in— a section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or aa section 29(3) or 29B(5) of the Act in the case of an entry in Part 1A, ... ab section 29B(5) of the Act in the case of an entry in Part 1B, or b section 28(3) of the Act in the case of an entry in Part 2. 6 1 Where an entry in column (2) or (3) of Part 1 of the Schedule is headed by reference to an authorisation under section 28 or section 29, an authorisation may only be granted by the individual holding the office, rank or position listed in the entry under the section by which the entry is headed. 2 Such a heading in column (2) or (3) of Part 1 of the Schedule refers to section 28 or section 29, as the case may be, of the Act. 3 Where paragraph (1) applies, a reference to a paragraph in column (4) of Part 1 of the Schedule is to a paragraph in subsection (3) of the section specified in the heading. 6A Where an entry in column (2) of Part 1A of the Schedule is headed by reference to an authorisation of a relevant source or to an authorisation for a long term authorisation, an authorisation may only be granted by the individual holding the office, rank or position listed in an entry under the relevant heading. 7 An individual holding an office, rank or position with the Food Standards Agency may not grant an authorisation for conduct in Northern Ireland. 7A 1 An individual holding an office, rank or position with any county council or district council in England, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, or any county council or county borough council in Wales may not grant an authorisation under section 28 unless the conditions in paragraphs (2) and (3) are met. 2 The first condition is that the authorisation under section 28 is for the purpose of preventing or detecting conduct which— a constitutes one or more criminal offences, or b is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences. 3 The second condition is that the criminal offence or one of the criminal offences referred to in the first condition is or would be— a an offence which is punishable, whether on summary conviction or on indictment, by a maximum term of at least 6 months of imprisonment, or b an offence under— i section 146 of the Licensing Act 2003 (sale of alcohol to children); ii section 147 of the Licensing Act 2003 (allowing the sale of alcohol to children); iii section 147A of the Licensing Act 2003 (persistently selling alcohol to children); iv section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc , to persons under eighteen) ; v section 91 of the Children and Families Act 2014 (purchase of tobacco, nicotine products etc. on behalf of persons under 18); vi section 92 of the Children and Families Act 2014 (prohibition of sale of nicotine products to persons under 18). 8 The restrictions on the granting of authorisations under sections 28, 29 and 29B that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of the Schedule to this Order shall also apply to individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 3(3). Transitional arrangements 9 This Order does not affect the continued operation of the Orders mentioned in article 10 in relation to authorisations under section 28 or 29 of the Act granted before this Order comes into force. Revocation 10 The following Orders are revoked to the extent indicated— a all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 , except articles 1 to 3, b articles 4 and 5 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004 , c all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005 , except articles 1 and 2(1), d all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006 , except articles 1 and 2. David Hanson Minister of State Home Office 25th February 2010