General requirements relating to appropriate permission paras 9.22 to 9.24
General requirements relating to appropriate permission
9.22 Paragraph 6 of Schedule 2 to the Act sets out general requirements relating to persons having appropriate permission in the police, SOCA, HMRC and who are members of HM Forces. A person has appropriate permission in relation to any protected information if he has possession of the protected information, or is likely to have possession of it, or is authorised to act on behalf of such a person.
9.23 Where protected information has come into the possession of the police by means of the exercise of powers conferred by section 44 of the Terrorism Act 2000 (power to stop and search), the appropriate permission to give a section 49 notice in relation to that information must be granted by an officer holding at least the rank of Assistant Chief Constable of a police force or the rank of Commander in the Metropolitan Police Service or the City of London Police.
9.24 Where protected information has come into the possession of the police, SOCA, HMRC or a member of HM Forces, a person shall not have appropriate permission unless that person holds certain rank or designation:
- Poliice - superintendent or above;
- SOCA - Director General or a member of staff of the SOCA of or above such level as the Director General may designate for this purpose;
- HMRC - the Commissioners for Revenue and Customs themselves or an officer of their department of or above such level as they may designate for this purpose;
- HM Forces - Lieutenant Colonel or its equivalent or above