
1 

(1) This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 and comes into force on 29th November 2010.
(2) In this Order “the 2000 Act” means the Regulation of Investigatory Powers (Scotland) Act 2000.
2 

(1) The offices, ranks and positions listed in column 2 of Schedule 1 to this Order (being offices, ranks or positions with the relevant public authorities in column 1) are prescribed for the purposes of section 8(1) of the 2000 Act.
(2) Subject to paragraph (3), where an office, rank or position with a relevant public authority is listed in column 2 of Schedule 1 to this Order, all more senior offices, ranks or positions with that authority are also prescribed.
(3) Where an office, rank or position with a relevant public authority is described in column 2 of Schedule 1 to this Order 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 public authority is a reference to all more senior offices, ranks or positions in that agency, unit, branch, division or part.
3 

(1) The offices, ranks and positions listed in column 3 of Schedule 1 to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1) are prescribed for the purposes of section 8(1) of the 2000 Act, but only for the cases described in this article.
(2) An individual holding an office, rank or position which is listed in column 3 of Schedule 1 to this Order may only grant an authorisation where it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by an individual in the same authority who holds an office, rank or position listed in column 2.
(3) Where an office, rank or position with a relevant public authority is described in column 2 of Schedule 1 to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (2) to an individual in the same authority is a reference to an individual in that agency, unit, branch, division or part.
4 
In section 8(3) (persons entitled to grant authorisations under sections 6 and 7) of the 2000 Act omit paragraphs (d) to (g).
5 
The Orders specified in Schedule 2 to this Order are revoked.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
29th September 2010
SCHEDULE 1
Articles 2 and 3


Column 1Relevant public authority Column 2Prescribed offices, ranks and positions Column 3Urgent cases
A police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 Superintendent Inspector
The Scottish Crime and Drug Enforcement Agency Superintendent; Grade PO7 Authorising Officer Inspector
The Scottish Administration Marine Scotland: Chief of Enforcement Unit 
  
 Accountant in Bankruptcy: The Accountant in Bankruptcy 
  
 Scottish Prison Service: Governor in Charge Scottish Prison Service: Deputy Governor
  
 Contracted out prisons: the controller appointed under section 107(1)(b) of the Criminal Justice and Public Order Act 1994 
  
 Transport Scotland: Director 
A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 Assistant Head of Service; Investigation manager 
The Common Services Agency for the Scottish Health Service NHSScotland Counter Fraud Services: Head of Investigations 
The Scottish Environment Protection Agency Director 
SCHEDULE 2
Article 5


Orders Revoked References
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 S.S.I. 2000/343
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment (No. 2) Order 2003 S.S.I. 2003/50
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2006 S.S.I. 2006/466
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2009 S.S.I. 2009/340