Statutory Rules of Northern Ireland
2002 No. 292
INVESTIGATORY POWERS
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order (Northern Ireland) 2002
Made
18th September 2002
Coming into operation
24th October 2002
The Office of the First Minister and deputy First Minister, in exercise of the powers conferred on it by sections 30(1) and (3) and 31 of the Regulation of Investigatory Powers Act 2000(1) and of every other power enabling it in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order (Northern Ireland) 2002 and shall come into operation on 24th October 2002.
(2) In this Order “the 2000 Act” means the Regulation of Investigatory Powers Act 2000.
(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.
Prescribed offices, ranks and positions
2.—(1) The offices, ranks and positions listed in column 2 of the Schedule (being offices, ranks or position with the relevant public authorities in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act.
(2) Subject to paragraph (3), where an office, rank or position with a relevant public authority is prescribed by virtue of paragraph (1), 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 the Schedule 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.
Additional offices etc prescribed for urgent cases
3.—(1) The additional offices, ranks and positions listed in column 3 of the Schedule (being offices, ranks or positions with the relevant public authorities in column 1) are hereby prescribed for the purposes of section 30(1) of the 2000 Act, for the cases described in this Article.
(2) An individual holding an office, rank or position which is prescribed by virtue of paragraph (1) 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 holding an office, rank or position prescribed by Article 2.
(3) Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule 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.
Restricted prescriptions for certain cases
4. Where an entry in columns 2 or 3 of the Schedule is headed by the words “Section 28 authorisation”, the prescriptions by virtue of Articles 2 and 3 apply only in relation to section 28 of the 2000 Act.
Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 18th September 2002.
L.S.
C. F. Stewart
A Senior Officer of the office of the First Minister and deputy First Minister
Articles 2 to 4
SCHEDULE
PART IPrescriptions for public authorities which are relevant public authorities for the purposes of sections 28 and 29
(1)
(2)
(3)
Relevant public authorities
Prescribed offices etc
Urgent Cases
The Department of Agriculture and Rural Development
Grade 7 responsible for DARD Investigation Unit
Section 28 authorisation
Head of the Food Service
Section 28 authorisation
Branch Head – Private Woodlands and Plant Health Branch
Section 28 authorisation
Field Senior Principal Veterinary Officer, Veterinary Division
Section 28 authorisation
Senior Fisheries Officer,
Fisheries Division
Section 28 authorisation
Fisheries Officer I
The Department of Enterprise, Trade and Investment
Chief Inspector, Trading Standards Service
Deputy Chief Inspector
Trading Standards Service
Section 28 authorisation
Director of Insolvency,
Insolvency Service
Section 28 authorisation
Grade 7, Insolvency Service
The Department of the Environment
Chief Executive, Environment & Heritage Service (EHS)
Director of Natural Heritage (EHS)
Director of Built Heritage (EHS
Chief Inspector, Industrial Pollution, Radiochemical Inspectorate
Head of Water Quality
Section 28 authorisation
Chief Executive, Planning Service
Section 28 authorisation
Director, Planning Service
Section 28 authorisation
Senior Professional and Technical Officer, Driver and Vehicle Testing Agency
Section 28 authorisation
Higher Professional and Technical Officer, Driver and Vehicle Testing Agency
A district council
Chief Executive
Chief Officer
The Food Standards Agency
Head of Professional Services
Head of Policy and Legislation
PART IIPrescriptions for public authorities which are relevant public authorities for the purposes of section 28 only
(1)
(2)
(3)
Relevant public authorities
Prescribed offices etc
Urgent Cases
The Foyle, Carlingford and Irish Lights Commission
Chief Inspector of the Loughs Agency
Inspector of the Loughs Agency
The Department for Regional Development
Head of Central Claims Unit
Deputy Head of Central Claims Unit
The Health and Safety Executive for Northern Ireland
Principal Inspector
The Department of Health, Social Services and Public Safety
Chief Executive Health Estates Agency
Chief Pharmaceutical Officer
Chief Dental Officer
The Northern Ireland Central Services Agency for Health and Social Services
Chief Executive
The Fire Authority for Northern Ireland
Chief Fire Officer
Responsible Principal Officer (uniformed)
A Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(3)
Chief Executive
A Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(4)
Chief Executive
The Department of Culture, Arts and Leisure
Deputy Chief Fisheries Officer, Inland Waterways and Inland Fisheries Branch
Fisheries Senior Officer, Inland Waterways and Inland Fisheries Branch
The Fisheries Conservancy Board for Northern Ireland
Deputy Chief Executive
The Department for Social Development
Human Rights Manager, Social Security Agency
Human Rights Officer, Social Security Agency
Senior Child Support Agency Investigation Service Manager
Child Support Agency Investigation Service Manager
Northern Ireland Housing Executive
Adviser to the Director of Finance
Explanatory Note
(This note is not part of the Order.)
This Order prescribes offices, ranks and positions for the purposes of section 30(1) of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”), under which individuals holding such offices, ranks or positions are designated persons for the purposes of granting authorisations under sections 28 and 29 of the 2000 Act.
An individual holding an office, rank or position listed in column 2 of Part I of the Schedule to the Order, with a public authority listed in column 1, or a more senior office, rank or position, may grant authorisations under either section 28 or section 29 unless otherwise indicated in the Schedule.
The public authorities listed in column 1 of Part II of the Schedule to the Order are the authorities listed in Part II of Schedule 1 to the Regulation of Investigatory Powers Act 2000. Such authorities are relevant public authorities for the purposes of section 28 only. An individual holding an office, rank or position listed in column 2 with such an authority, or a more senior office, rank or position, may only grant authorisations under section 28.
Additional offices, ranks and positions are prescribed for urgent cases.
(1)
2000 c. 23: Schedule 1 to the Regulation of Investigatory Powers Act 2000 was amended by S.R. 2002 No. 183
(2)
1954 c. 33 (N.I.)
(3)
S.I. 1991/194 (N.I. 1)
(4)
S.I. 1972/1265 (N.I. 14)
