
1 

(1) This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 and shall come into force one month after the day on which it is made.
(2) In this Order “the 2000 Act” means the Regulation of Investigatory Powers Act 2000.
2 

(1) Part I of Schedule 1 to the 2000 Act shall be amended as follows.
(2) After paragraph 1 add the words—“
1A. 
The United Kingdom Atomic Energy Authority Constabulary.”.
(3) After paragraph 13 add the words—“
13A. 
The Northern Ireland Office.”.
(4) For paragraph 17 substitute—“
17. 
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, and any county council or county borough council in Wales.”.
(5) After paragraph 17 add the words—“
17A. 
Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985).”.
(6) After the heading “Other bodies” add the words—“
17B. 
The Charity Commission.”.
(7) After paragraph 20 add the words—“
20A. 
The Gaming Board for Great Britain.
20B. 
The Office of Fair Trading.
20C. 
The Office of the Police Ombudsman for Northern Ireland.
20D. 
The Postal Services Commission.”.
3 

(1) Part II of Schedule 1 to the 2000 Act shall be amended as follows.
(2) After paragraph 27 add the words—“
27A. 
Local Health Boards in Wales established under section 6 of the National Health Service Reform and Health Care Professions Act 2002.
27B. 
Her Majesty’s Chief Inspector of Schools in England.
27C. 
The Information Commissioner.
27D. 
The Royal Parks Constabulary.”.
4 

(1) The offices, ranks and positions listed in column 2 of Part I of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1 of Part I of that Schedule which are relevant public authorities for the purposes of sections 28 and 29 of the 2000 Act) are hereby prescribed for the purpose of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9.
(2) The offices, ranks and positions listed in column 2 of Part II of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1 of Part II of that Schedule which are relevant public authorities for the purposes only of section 28 of the 2000 Act) are hereby prescribed for the purpose of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9.
5 

(1) Where an office, rank or position with a relevant public authority is prescribed by virtue of article 4, 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 10.
(2) 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 (1) 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.
6 

(1) The additional offices, ranks and positions listed in column 3 of the Schedule to this Order (being offices, ranks or positions with the relevant public authorities listed in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act, subject to the restrictions in articles 7, 8 and 9 in the circumstances described in paragraph (2).
(2) An individual holding an office, rank or position which is listed in column 3 of the Schedule 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 with the same authority holding an office, rank or position listed in column 2 of the Schedule to this Order.
(3) Where an office, rank or position with a relevant public authority is described in column 3 of the Schedule 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 with the same authority is a reference to an individual with that agency, unit, branch, division or part.
7 
The restriction in this article is that an individual holding an office, rank or position which is listed in column 2 or 3 of the Schedule to this Order may not grant an authorisation unless he believes it is necessary on the grounds set out in one or more of the paragraphs of sections 28(3) and 29(3) of the 2000 Act listed in the corresponding entry in column 4 of that Schedule.
8 
The restriction in this article is that where any entry in column 2 or 3 of Part I of the Schedule to this Order is headed by a reference to an authorisation under section 28 or section 29 of the 2000 Act, an individual holding an office, rank or position which is listed in that entry may only grant an authorisation under the section of the 2000 Act with which that entry is headed.
9 
The restriction in this article is that an individual holding an office, rank or position with the Food Standards Agency or the Rural Payments Agency may not grant an authorisation for conduct in Northern Ireland.
10 
The restrictions on the granting of authorisations under section 28 and 29 of the 2000 Act 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 5.
11 
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 is hereby revoked.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
5th December 2003
SCHEDULE
Article 4

Part I (Prescriptions for public authorities in Part I of Schedule 1 to the 2000 Act that are relevant public authorities for the purposes of sections 28 and 29 of the 2000 Act)

(1) Relevant public authorities in Part I of Schedule 1 to the 2000 Act (2) Prescribed offices etc. (3) Urgent cases (4) Grounds set out in the paragraphs of sections 28(3) and 29(3) of the 2000 Act for which an authorisation can be given
A police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London) Superintendent Inspector (a)(b)(c)(d)(e)
A police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 Superintendent Inspector (a)(b)(c)(d)(e)
The metropolitan police force Superintendent Inspector (a)(b)(c)(d)(e)
The City of London police force Superintendent Inspector (a)(b)(c)(d)(e)
The Police Service of Northern Ireland Superintendent Inspector (a)(b)(c)(d)(e)
The Ministry of Defence Police Superintendent Inspector (a)(b)(c)
The Royal Navy Regulating Branch Provost Marshal  (a)(b)(c)
The Royal Military Police Lieutenant Colonel Major (a)(b)(c)
The Royal Air Force Police Wing Commander Squadron Leader (a)(b)(c)
The British Transport Police Superintendent Inspector (a)(b)(c)(d)(e)
The United Kingdom Atomic Energy Authority Constabulary Superintendent Inspector (a)(b)
The National Criminal Intelligence Service Superintendent, Level 2 or any individual on secondment to the National Criminal Intelligence Service who holds any office, rank or position in any other relevant public authority listed in column 2 of Part I of the Schedule to this Order Inspector, Level 4 or any individual on secondment to the National Criminal Intelligence Service who holds any office, rank or position in any other relevant public authority listed in column 3 of Part I of the Schedule to this Order (a)(b)(c)(d)(e)
The National Crime Squad Superintendent Inspector (a)(b)(c)(d)(e)
The Serious Fraud Office Assistant Director  (b)
Government Communications Headquarters GC8  (a)(b)(c)
The Security Service General Duties 3 or any other Officer at Level 3  (a)(b)(c)
The Secret Intelligence Service Grade 6 or equivalent  (a)(b)(c)
The Royal Navy Commander Lieutenant Commander (a)(b)(c)(d)(e)
The Army Lieutenant Colonel Major (a)(b)(c)(d)(e)
The Royal Air Force Wing Commander Squadron Leader (a)(b)(c)(d)(e)
The Commissioners of Customs and Excise Band 9 Band 7 or 8 (a)(b)(c)(d)(e)(f)
The Commissioners of Inland Revenue Band C1 Band C2 (b)(c)(f)
Ministry of Defence Band C1 Band C2 (b)
Department for Environment, Food and Rural Affairs Senior Investigation Officer in DEFRA Investigation Branch  (b)
 Senior Counter Fraud Officer in the Counter Fraud and Compliance Unit of the Rural Payments Agency  (b)
 Senior Investigation Officer in Centre for Environment, Fisheries and Aquaculture Science  (b)
 
authorisation Regional Horticultural Marketing Inspector in Horticultural Marketing Inspectorate  (b)
 
Senior Plant Health and Seed Inspector in Plant Health and Seed Inspectorate  (b)
 
Chief Egg Marketing Inspector in Egg Marketing Inspectorate  (b)
 
District Inspector in Sea Fisheries Inspectorate  (b)
The Department of Health Integrated Payband 3 (Standard 2) in Medicines and Healthcare Products Regulatory Agency  (b)(d)(e)
The Home Office 
Area Manager in HM Prison Service  (a)(b)(d)
 
Prison Source System Manager in HM Prison Service 
A Governor, Duty Governor or Deputy Controller in HM Prison Service (a)(b)(d)
 Immigration Inspector in the Immigration Service Chief Immigration Officer in the Immigration Service (b)(c)
 
The Head of the Unit responsible for Security and Anti Corruption within the Immigration and Nationality Directorate 
Senior Executive Officer within the Unit responsible for Security and Anti Corruption within the Immigration and Nationality Directorate (b)
The Northern Ireland Office Deputy Principal or Governor 3 in the Northern Ireland Prison Service Staff Officer or Governor 4 in the Northern Ireland Prison Service (b)(d)
The Department of Trade and Industry Deputy Inspector of Companies in Companies Investigation Branch  (b)
 Chief Investigation Officer in the Investigation Officers Section of Legal Services Directorate D or a member of the Senior Civil Service in Legal Services Directorate D  (b)
 
Radio Specialist 5 or Range 9 Officer in Radiocommunications Agency 
Radio Specialist 4 or Range 8 Officer in Radiocommunications Agency (b)
 
Member of Senior Civil Service in Radiocommunications Agency  (b)
 
authorisation Member of Senior Civil Service in British Trade International  (b)
 
Range 10 Officer in Coal Health Claims Unit 
Range 9 Officer in Coal Health Claims Unit (b)
The Department for Transport Head of Maritime Section  (b)(d)
 Assistant Director Transport Security  (b)(d)
 Head of Operational Support  (b)(d)
 Head of Land Transport Security  (b)(d)
 Head of Aviation Security Compliance  (b)(d)
 Head of Aviation Security Domestic Policy  (b)(d)
 Head of Aviation Security International Policy  (b)(d)
 Senior Transport Security Inspector  (b)(d)
 
Area Manager or National Intelligence Co-ordinator in the Vehicle and Operator Services Agency 
Senior Vehicle Examiner or Senior Traffic Examiner or Intelligence Officer in the Vehicle and Operator Services Agency (b)(d)
 
Enforcement Manager in the Vehicle and Operator Services Agency 
Area Manager in the Vehicle and Operator Services Agency (b)(d)(b)(d)
 Principal Enforcement Officer in the Maritime and Coastguard Agency Enforcement Officer in the Maritime and Coastguard Agency (b)(d)
The Department for Work and Pensions Senior Executive Officer or equivalent grades in Jobcentre Plus Higher Executive Officer or equivalent grades in Jobcentre Plus (b)
 Senior Executive Officer or equivalent grades in DWP Internal Assurance Services  (b)
 Senior Executive Officer or equivalent grades in Child Support Agency Higher Executive Officer or equivalent grades in Child Support Agency (b)
National Assembly for Wales Head of NHS Directorate Member of NHS Directorate at a level equivalent to Grade 7 (b)(d)(e)
 Head of NHS Finance Division Member of NHS Finance Division at a level equivalent to Grade 7 (b)(d)(e)
 Head of Common Agricultural Policy Management Division Member of Common Agricultural Policy Management Division at a level equivalent to Grade 7 (b)(e)
 Regional Director in the Care Standards Inspectorate for Wales Senior Inspector in the Care Standards Inspectorate for Wales (b)(d)(e)
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, and any county council or county borough council in Wales Assistant Chief Officer, Assistant Head of Service, Service Manager or equivalent  (b)
Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985) Divisional Officer 2 Divisional Officer 3 (b)(d)
The Charity Commission Senior Investigations Manager Investigations Manager (b)
The Environment Agency 
Area Management Team Member 
Area Team Leader (b)(d)(e)
 
Area Manager 
Area Management Team Member (b)(d)(e)
The Financial Services Authority Head of Department in Enforcement Division Manager in Enforcement Division (b)
The Food Standards Agency 
Head of Division or equivalent grade  (b)(d)(e)
 
Deputy Director of Legal Services or any Director  (b)(d)(e)
The Gaming Board for Great Britain Chief Inspector Deputy Chief Inspector (b)
The Office of Fair Trading Director of Cartel Investigations Principal Investigation Officer in the Cartel Investigation Branch (b)(c)
The Office of the Police Ombudsman for Northern Ireland Senior Investigating Officer Deputy Senior Investigating Officer (b)
The Postal Services Commission 
Legal Adviser 
Deputy Director (b)
 
Chief Legal Adviser  (b)
A Universal Service Provider within the meaning of the Postal Services Act 2000 Senior Investigation Manager in Royal Mail Group plc  (b)
Part II (Prescriptions for public authorities in Part II of Schedule 1 to the 2000 Act that are relevant public authorities for the purposes only of section 28 of the 2000 Act)

(1) Relevant public authorities in Part II of Schedule 1 to the 2000 Act (2) Prescribed offices etc. (3) Urgent cases (4) Grounds set out in the paragraphs of section 28(3) of the 2000 Act for which an authorisation can be given
The Health and Safety Executive Band 2 Inspector  (b)(d)(e)
A Special Health Authority established under section 11 of the National Health Service Act 1977 Chief Executive  (b)(e)
 Senior Manager (Senior Manager Pay Range 14) in the Counter Fraud and Security Management Service  (b)
A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 Chief Executive  (b)(e)
Local Health Boards in Wales established under section 6 of the National Health Service Reform and Health Care Professions Act 2002 Chief Officer or Finance Officer  (b)(e)
Her Majesty’s Chief Inspector of Schools in England Band A in the Complaints, Investigation and Enforcement Team in the Office of Her Majesty’s Chief Inspector of Schools in England (OFSTED) Band B1 in the Complaints, Investigation and Enforcement Team in the Office of Her Majesty’s Chief Inspector of Schools in England (OFSTED) (b)
The Information Commissioner Head of Investigations Senior Investigating Officer (b)
The Royal Parks Constabulary Chief Officer Inspector (b)
The Royal Pharmaceutical Society of Great Britain Director of Fitness to Practice and Legal Affairs or Director of Practice and Quality Improvement  (b)(d)(e)
