Criminal Investigation (Covert Powers) Act 2012

A variation of authority may be made —

in writing (a formal variation of authority) to the principal law enforcement officer for the authorised operation, or another law enforcement officer on behalf of the principal law enforcement officer, as the case requires; or

orally (an urgent variation of authority) to the principal law enforcement officer for the authorised operation, or another law enforcement officer on behalf of the principal law enforcement officer, as the case requires, if the person making the variation is satisfied that the delay caused by making a formal variation of authority may affect the success of the operation.

A formal variation of authority must be in a physical form, signed by the authorising officer.

However if it is impracticable in the circumstances for a physical document to be delivered to the principal law enforcement officer for the authorised operation, or another law enforcement officer on behalf of the principal law enforcement officer, as the case requires, a formal variation of authority may take the form of —

a fax; or

an email or other electronic document, in which case the document need not be signed.

An urgent variation of authority may be made in person, by telephone or any other electronic means.

A variation of authority must —

identify the authorised operation for which the authority is in force; and

state the name, and rank or position, of the person making the variation of authority; and

state whether the variation of authority is a formal variation of authority or an urgent variation of authority; and

if the variation is made under section 17(1)(a) —

describe the variation having regard to the purposes referred to in section 18 in respect of which the variation is or was made; and

specify the reasons why the variation of authority is or was made;

if the variation is made under section 17(1)(b) —

state the name of the applicant; and

describe the variation having regard to the purposes referred to in section 19(1) in respect of which the application for the variation was made;

state the date and time when the variation of authority is or was made.

The authorising officer must, as soon as practicable after making an urgent variation of authority, make a record in writing of the particulars referred to in subsection (5) relating to the variation of authority.