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Appropriate additional permission for giving directions for the disclosure of keys paras 9.5 to 9.29

Appropriate additional permission for giving directions for the disclosure of keys

9.25 Where a disclosure requirement can only be met by disclosure of a key, appropriate additional permission for giving such a direction is required in the following circumstances:

  • for a direction by any constable (except a constable who is a member of the staff of the SOCA), and a member of Her Majesty's forces who is a member of the police, by or with the permission of a chief officer of police;
  • for a direction by SOCA, by or with the permission of the Director General of the SOCA;
  • for a direction by HMRC, by or with the permission of the Commissioners for Her Majesty's Revenue and Customs;
  • for a direction by a member of Her Majesty's forces who is not a member of the police force, by or with the permission of, or above, the rank of Brigadier (or equivalent).

9.26 Any permission granted for giving a direction that a disclosure requirement can only be met by disclosure of a key must be given expressly in relation to the specific direction.

9.27 Any direction to disclose a key given by or with the permission of a chief officer of police, the Director General of the SOCA or the Commissioners for Her Majesty's Revenue and Customs shall be notified to the Chief Surveillance Commissioner

9.28 Any direction to disclose a key given by a member of Her Majesty's forces shall also be notified to the Chief Surveillance Commissioner except where the direction is given by a member of Her Majesty's forces who is not a member of a police force and is in connection with Her Majesty's forces other than those in Northern Ireland in which case notification must be given to the Intelligence Services Commissioner.

9.29 Notification to the appropriate Commissioner of any direction to disclose a key must be given in writing or electronically as soon as practicable and within no more than 7 days of the direction being given.