SCHEDULE 2 Persons having the Appropriate Permission

SCHEDULE 2 Persons having the Appropriate Permission

Section 49

Requirement that appropriate permission is granted by a judge

1

(1)     Subject to the following provisions of this Schedule, a person has the appropriate permission in relation to any protected information if, and only if, written permission for the giving of section 49 notices in relation to that information has been granted—

(a)     in England and Wales, by a Circuit judge [or a District Judge (Magistrates' Courts)];

(b)     in Scotland, by a sheriff; or

(c)     in Northern Ireland, by a county court judge.

(2)     Nothing in paragraphs 2 to 5 of this Schedule providing for the manner in which a person may be granted the appropriate permission in relation to any protected information without a grant under this paragraph shall be construed as requiring any further permission to be obtained in a case in which permission has been granted under this paragraph.

Data obtained under warrant etc

2

(1)     This paragraph applies in the case of protected information falling within section 49(1)(a), (b) or (c) where the statutory power in question is one exercised, or to be exercised, in accordance with—

(a)     a warrant issued

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