Application for appropriate permission paras 4.6 to 4.8
Application for appropriate permission
4.6 Applications for appropriate permission must be made in writing or electronically to a person able to give appropriate permission. The person making the application will be a person involved in conducting an investigation or operation for a public authority. The applicant may be an individual who is seeking appropriate permission or is seeking the grant of appropriate permission on behalf of another person.
4.7 Applications may be made orally in exceptional circumstances but a record of that application must be made in writing or electronically as soon as possible.
4.8 Applications - the original or a copy of which must be retained by the person with the appropriate permission - must:
- include the name (or designation) and the office, rank or position held by the person making the application;
-  The use of a designation rather than a name will be appropriate only for persons in one of the Intelligence services.
- where it is different from the applicant, the name (or designation) and the office, rank or position held by the person for whom appropriate permission is being sought;
- include the operation name (if applicable) to which the application relates;
- specify the grounds on which the imposition of a disclosure requirement is necessary whether:
- in the interests of national security;
- for the purpose of preventing or detecting crime;
- in the interests of the economic well-being of the United Kingdom; or
- for the purpose of securing the effective exercise or proper performance by any public authority of any statutory power or statutory duty (and must identify that power or duty);
- describe the protected information which has been, or is likely to be, lawfully obtained;
- confirm the statutory power or other lawful means in which the protected information has been, or is likely to be, lawfully obtained;
- explain why it is reasonably believed that the person on whom it is intended to serve a section 49 notice has possession of a key or keys to the protected information described in the application;
- explain why the imposition of a disclosure requirement is considered necessary and proportionate to what is sought to be achieved by its imposition;
- consider and, where appropriate, describe any meaningful collateral intrusion
- the extent to which the privacy of any individual not under investigation may be infringed and why that intrusion is justified in the circumstances;
- explain why it is not reasonably practicable to acquire or obtain access to the protected information in an intelligible form by some other method without serving a section 49 notice;
- identify and explain any urgency with which the proposed disclosure requirement is necessary.