(1) An enforcement officer may apply for a declaratory order in the circumstances set out in subsection (2).
(2) The circumstances are that—
(a) the enforcement officer wishes to use a device, technique, or procedure, or to carry out an activity, that is not specifically authorised by another statutory regime; and
(b) the use of the device, technique, or procedure, or the carrying out of the activity, may constitute an intrusion into the reasonable expectation of privacy of any other person.