Citation, commencement and interpretation

1.–(1) This Order may be cited as the Regulation of Investigatory Powers (Communications Data) 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;

"authorisation" means an authorisation under section 22(3) of that Act; and

"notice" means a notice under section 22(4) of that Act.

Additional purposes of section 22(2) of the Act

2. The following additional purposes are specified for the purposes of section 22(2) of the Act (to the extent that they do not fall within paragraphs (a) to (g) of that provision)–

(a) to assist investigations into alleged miscarriages of justice;

(b) where a person ("P") has died or is unable to identify themselves because of a physical or mental condition–

(i) to assist in identifying P, or

(ii) to obtain information about P´s next of kin or other persons connected with P or about the reason for P´s death or condition.

Schedules 1 and 2 and additional relevant public authorities

3.–(1) Schedule 1 (which prescribes offices, ranks or positions in the relevant public authorities listed in the definition of "relevant public authority" in section 25(1) of the Act(2)) has effect.

(2) Schedule 2 (which specifies additional public authorities as relevant public authorities and prescribes offices, ranks and positions in those authorities) has effect.

(3) Each of the public authorities set out in column (1) of Schedule 2 is specified for the purposes of section 25(1) of the Act as a relevant public authority.

(4) A reference to section 21, 22 or 25 in the heading to a column in Schedule 1 or 2 is a reference, as the case may be, to section 21, 22 or 25 of the Act.

Prescribed offices, ranks and positions with relevant public authorities

4.–(1) Subject to the restrictions in articles 5 and 6, the offices, ranks and positions listed in entries to columns (2) and (3) of Schedules 1 and 2 (being offices, ranks and positions with the relevant public authorities listed in relation to such entries in column (1) of Schedules 1 and 2) are prescribed for the purposes of section 25(2) of the Act.

(2) Where an office, rank or position with a relevant public authority listed in column (2) of Schedule 1 or column (2) of Schedule 2 is prescribed by virtue of article 4(1), all more senior offices, ranks or positions with that authority are also prescribed for the purposes of section 25(2), subject to article 7.

(3) Where an office, rank or position with a relevant public authority is described in column (2) of Schedule 1 or column (2) of Schedule 2 by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) 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.

Restrictions on the granting of authorisations or the giving of notices

5.–(1) An individual holding an office, rank or position which is listed in column (2) or (3) of Schedule 1 or 2 may not grant an authorisation or give a notice unless that individual believes it is necessary for any purpose within section 22(2) of the Act (as extended by article 2) which is listed in the corresponding entry in column (4) of those Schedules.

(2) In column (4) of Schedules 1 and 2, a reference to section 22 is a reference to that section in the Act.

6.–(1) – The only authorisation that may be granted and the only notice that may be given by an individual falling within any of paragraphs (2) to (7) below is restricted as set out in the paragraph in question.

(2) Subject to paragraph (3), in the case of an individual–

(a) holding an office, rank or position which is listed in column (2) of Schedule 1 or of Part 1 of Schedule 2, and

(b) who believes that the authorisation or notice is necessary on grounds other than those set out in section 22(2)(a), (b), (c) or (g) of the Act or article 2,

the authorisation or notice may only be in respect of communications data that falls within section 21(4)(c) of the Act.

(3) The restriction in paragraph (2) shall not apply in the case of an individual holding an office, rank or position with the Air Accident Investigation Branch, the Marine Accident Investigation Branch or the Rail Accident Investigation Branch.

(4) In the case of an individual holding an office, rank or position which is listed in column (2) of Part 2 of Schedule 2, the authorisation or notice may be only in respect of communications data that falls within–

(a) section 21(4)(c) of the Act where the individual believes that it is necessary on grounds other than those set out in section 22(2)(a), (b), (c) or (g) of the Act or article 2, or

(b) in any other case, section 21(4)(b) or (c) of the Act.

(5) In the case of an individual–

(a) holding an office, rank or position which is listed in column (2) of Part 3 of Schedule 2, and

(b) who believes that the authorisation or notice is necessary on grounds other than those set out in section 22(2)(a), (b), (c) or (g) of the Act or article 2,

the authorisation or notice may only be in respect of communications data which relates to a postal service and falls within section 21(4)(c) of the Act.

(6) In the case of an individual–

(a) holding an office, rank or position which is listed in column (2) of Part 3 of Schedule 2, and

(b) who believes that the authorisation or notice is necessary on the grounds set out in section 22(2)(a), (b),(c) or (g) of the Act or article 2,

the authorisation or notice may only be in respect of communications data which relates to a postal service.

(7) In the case of an individual holding an office, rank or position which is listed in column (3) of Schedule 1 or 2, the authorisation or notice may be only in respect of communications data that falls within section 21(4)(c) of the Act.

7. The restrictions on the granting of authorisations and the giving of notices that apply to an individual holding an office, rank or position with a relevant public authority listed in column (2) of Schedule 1 or column (2) of Schedule 2 shall also apply to all individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 4(2).

Transitional arrangements

8. This Order does not affect the continued operation of the Orders mentioned in article 9 in relation to authorisations granted or notices given before this Order comes into force.

Revocations

9. The following Orders are revoked–

(a) the Regulation of Investigatory Powers (Communications Data) Order 2003(3),

(b) the Regulation of Investigatory Powers (Communications Data) (Amendment) Order 2005(4), and

(c) the Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006(5).

Articles 3, 4, 5 and 6

SCHEDULE 1 OFFICES, RANKS AND POSITIONS IN RELEVANT PUBLIC AUTHORITIES LISTED IN SECTION 25(1)

Articles 3, 4, 5 and 6

SCHEDULE 2 OFFICES, RANKS AND POSITIONS IN ADDITIONAL RELEVANT PUBLIC AUTHORITIES SPECIFIED BY THIS ORDER

PART 1 INDIVIDUALS IN ADDITIONAL RELEVANT PUBLIC AUTHORITIES THAT MAY ACQUIRE ANY COMMUNICATIONS DATA WITHIN SECTION 21(4)

PART 2 INDIVIDUALS IN ADDITIONAL RELEVANT PUBLIC AUTHORITIES THAT MAY ACQUIRE COMMUNICATIONS DATA FALLING WITHIN SECTION 21(4)(b) and (c)

PART 3 INDIVIDUALS IN ADDITIONAL RELEVANT PUBLIC AUTHORITIES THAT MAY ACQUIRE ONLY COMMUNICATIONS DATA WITHIN SECTION 21(4) RELATING TO A POSTAL SERVICE

EXPLANATORY NOTE

(This note is not part of the Order)

This Order consolidates the Orders revoked by article 9 of this Order.

Section 22 of the Regulation of Investigatory Powers Act 2000 ("the Act") confers powers on a person designated for the purposes of Chapter 2 (acquisition and disclosure of communications data) of Part 1 of that Act. Under section 22(3) of the Act, the designated person may grant an authorisation for persons holding offices, ranks or positions with the same relevant public authority as the designated person to engage in any conduct to which Chapter 2 applies. Under section 22(4), where it appears to the designated person that a postal or telecommunications operator is or may be in possession of, or be capable of obtaining, any communications data (as defined by section 21(4)), the designated person may issue a notice to the operator requiring the operator to obtain the data (if not in possession of it) and to disclose all of the data in his possession or subsequently obtained.

Section 25(1) of the Act defines "relevant public authority" for these purposes. It also confers powers on the Secretary of State to designate additional public authorities for the purpose of that definition. Column (1) of Schedule 2 to this Order, together with article 3(3), exercises this power.

Under section 25(2) of the Act, the persons designated for the purposes of Chapter 2 of Part 1 are individuals holding such offices, ranks or positions with relevant public authorities as are prescribed by order of the Secretary of State. Under section 25(3)(a), restrictions can be placed by such an order on the authorisations under section 22(3) and the notices under section 22(4) that may be granted or given by an individual holding an office, rank or position with a specified public authority. Columns (2) and (3) of Schedules 1 and 2 to this Order, together with articles 4 and 6, exercise this power.

Under section 25(3)(b), the purposes for which such authorisations may be granted or notices may be given may be restricted by order. Column (4) of Schedules 1 and 2 to this Order, together with article 5, exercise this power by reference to the purposes set out in section 22(2) of the Act. Article 2 of this Order exercises the power in section 22(2)(h) to specify additional purposes.

The main substantive changes made to the content of the Orders revoked by this Order are as follows. Part 1 of Schedule 2 specifies one additional relevant public authority: the Northern Ireland Office. Part 2 of Schedule 2 specifies two additional relevant public authorities: the Child Maintenance and Enforcement Commission and the Department of the Environment.