SCHEDULES

SCHEDULE 12Revenue and Customs: regulation of investigatory powers

Regulation of Investigatory Powers Act 2000 (c. 23)

I15

The Regulation of Investigatory Powers Act 2000 is amended as follows.

F16

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F27

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F28

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I29

In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).” substitute “ officers of Revenue and Customs). ”

I310

For section 32(6)(m) (authorisation of intrusive surveillance) substitute—

m

an officer of Revenue and Customs who is a senior official and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;

I411

In section 33 (surveillance: authorisation)—

a

for subsection (2) substitute—

2

A person who is a designated person for the purposes of section 28 or 29 by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs.

b

for subsection (4) substitute—

4

A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs.

c

in subsection (5)(a) for “a customs officer” substitute “ an officer of Revenue and Customs ”;

(and in the italic cross-heading before section 33 for “customs” substitute “ Revenue and Customs ”).

I512

In section 34 (grant of authorisation in senior officer's absence)—

a

in subsection (1) for “a customs officer;” substitute “ an officer of Revenue and Customs; ”;

b

in subsection (2)(a) for “the Commissioners of Customs and Excise,” substitute “ the Commissioners for Her Majesty's Revenue and Customs, ”; and

c

in subsection (4)(l)—

i

for “the Commissioners of Customs and Excise,” substitute “ “ the Commissioners for Her Majesty's Revenue and Customs, ”and

ii

after “if he is” insert “ a senior official ”.

I613

In section 35 (intrusive surveillance authorisation: notification)—

a

in subsection (1) for “customs” substitute “ Revenue and Customs ”;

b

in subsection (10) for “customs” substitute “ Revenue and Customs ”; and

c

in subsection (10)(b) for “the Commissioners of Customs and Excise;” substitute “ the Commissioners for Her Majesty's Revenue and Customs; ”.

I714

In section 36 (approval required for authorisation of intrusive surveillance to take effect)—

a

for subsection (1)(d) substitute—

d

an officer of Revenue and Customs;

b

for subsection (6)(g) substitute—

g

where the authorisation was granted by an officer of Revenue and Customs, the officer of Revenue and Customs for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners for Her Majesty's Revenue and Customs;

I815

For section 37(1)(d) (quashing authorisations) substitute—

d

an officer of Revenue and Customs;

I916

For section 40(d) (information) substitute—

d

every officer of Revenue and Customs,

I1017

In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—

e

the Commissioners for Her Majesty's Revenue and Customs;

I1118

In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute “ officers of Revenue and Customs). ”

I1219

In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.

I1320

In section 51 (cases where key required)—

a

for “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”; and

b

for “the Commissioners of Customs and Excise” (in each place) substitute “ the Commissioners for Her Majesty's Revenue and Customs ”.

I1421

In section 54(3) (secrecy) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.

I1522

For section 55(1)(c) (general duty in relation to encrypted data) substitute—

c

the Commissioners for Her Majesty's Revenue and Customs;

I1623

In section 56(1) (interpretation) omit the definition of “the customs and excise”.

I1724

For section 65(6)(f) (the Tribunal) substitute—

f

the Commissioners for Her Majesty's Revenue and Customs;

I1825

In section 71(2)(c) (codes of practice) for “customs and excise” substitute “ Her Majesty's Revenue and Customs ”.

I1926

In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of “United Kingdom officer” substitute—

d

an officer of Revenue and Customs.

I2027

In section 81(1) (interpretation) omit the definition of “customs officer”.

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I2229

1

In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data: disclosure: permission) for “customs and excise” or “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”.

2

In paragraph 6(4) of that Schedule—

a

for “A person commissioned by the Commissioners of Customs and Excise” substitute “ An officer of Revenue and Customs ”;

b

for “those Commissioners themselves” substitute “ the Commissioners for Her Majesty's Revenue and Customs ”;

c

for “their department” substitute “ Revenue and Customs ”; and

d

for “they” substitute “ the Commissioners ”.