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Uluslararası Adli İşbirliği
(b) is crime for the purposes of any other international agreement to which the United
Kingdom is a party and which is specified for the purposes of this section in an order made by the
Secretary of State with the consent of the Scottish Ministers.
(4) Relevant surveillance carried out by the foreign police or customs officer in the United
Kingdom during the permitted period is to be lawful for all purposes if—
(a) the condition mentioned in subsection (6) is satisfied;
(b) the officer carries out the surveillance only in places to which members of the pub-
lic have or are permitted to have access, whether on payment or otherwise; and
(c) conditions specified in any order made by the Secretary of State with the consent
of the Scottish Ministers are satisfied in relation to its carrying out; but no surveillance is lawful by
virtue of this subsection if the officer subsequently seeks to stop and question the person in the
United Kingdom in relation to the relevant crime.
(5) The officer is not to be subject to any civil liability in respect of any conduct of his which is
incidental to any surveillance that is lawful by virtue of subsection (4).
(6) The condition in this subsection is satisfied if, immediately after the officer enters the Uni-
ted Kingdom—
(a) he notifies a person designated by the Director General of the National Criminal
Intelligence Service of that fact; and
(b) (if the officer has not done so before) he requests an application to be made for an
authorisation under Part 2, or the Regulation of Investigatory Powers (Scotland) Act 2000, for the
carrying out of the surveillance.
(7) “The permitted period”means the period of five hours beginning with the time when the
officer enters the United Kingdom.
(8) But a person designated by an order made by the Secretary of State may notify the officer
that the surveillance is to cease being lawful by virtue of subsection (4) when he gives the notifi-
cation.
(9) The Secretary of State is not to make an order under subsection (4) unless a draft of the
order has been laid before Parliament and approved by a resolution of each House.
(10) In this section references to a foreign police or customs officer are to a police or customs
officer who, in relation to a country or territory other than the United Kingdom, is an officer for
the purposes of—
(a) Article 40 of the Schengen Convention; or