Regulation of Investigatory Powers Act 2000

[^key-3e7c15cce7654b864fc44b369c4f5a35]: Words in s. 41(7) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 19; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[^key-8dcf524c63f359ff82f6f39d47c0f1fa]: Words in s. 56(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 20; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[^key-c8852eee561240096b971455ffb2177b]: Words in s. 81(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 21(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[^key-8656f8eee6ab139b448d14cd4204bce5]: Sch. 1 para. A1A inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 22; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[^key-5caf390de8ccdda543c616d87b0bff53]: Sch. 1 paras. 15C-15E inserted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 9(b) (with art. 17)

[^key-78f77d942d9da13561ea892d7a938159]: Sch. 1 para. 9ZC omitted (3.5.2023) by virtue of The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 9(a) (with art. 17)

[^key-4d6f635b0ad996575c374b8d3966d368]: Pt. 2: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(a) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

[^key-4df63642dcc823ef305a2be685325c33]: Pt. 4: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(a) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

[^key-1ac2e3cc7236d1c8832d2d6d297ca89a]: S. 32(3B) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(2)(a)

[^key-4420ceb7b535859430b165bc51420417]: S. 32(6)(ib) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(2)(b)

[^key-8674ea0f6779b0ede3213648f0d68668]: S. 33(2A) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(3)(a)

[^key-897d08cd0e1c220d9a0f273dddc28b0a]: S. 33(3ZZB) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(3)(b)

[^key-3ef9942bd7ccb06c477a8c742e730536]: Words in s. 33(5)(a) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(3)(c)

[^key-55f7511255196bdbb9d7ce420fe100da]: Words in s. 34(1)(a) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(4)(a)

[^key-a9cb77ad7b9a62b380d527ac7da76f9a]: Words in s. 34(2)(a) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(4)(b)

[^key-7f9a06ef7d5d69e71e034e2d83840903]: S. 34(4)(hb) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(4)(c)

[^key-ab77d6c2e5beba94ccde9341d8efebe4]: Words in s. 35(1) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(5)(a)

[^key-6422a3c081ca446945d71f3762759189]: Words in s. 35(10) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(5)(b)(i)

[^key-d34ce061cb94e0690a272d1dbe0618ed]: S. 35(10)(ab) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(5)(b)(ii)

[^key-2ea851e5bd1561480e683b74d1740569]: S. 36(1)(ab) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(6)(a)

[^key-20070a27f2e8e7dbaf4408427ab2d8cf]: S. 36(6)(ab) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(6)(b)

[^key-3806be4b0a0860ff2fef61eb78809f3b]: S. 37(1)(ab) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(7)

[^key-a2140bf7bf3112f78bb3c1316d806c7f]: S. 46(3)(dzb) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(8)

[^key-6c39cf218d42038aa66c362c15bb6386]: Words in s. 48(1) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(9)

[^key-89cd5b1591e31f7fe56fbf7ead452baf]: S. 65(6)(cza) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(10)

[^key-2ca41b962b87315f5a91f37ed9fc031a]: S. 68(7)(db) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(11)

[^key-d8bac7b35ebe5aaebc8d74f6d5940244]: Sch. 1 para. 19B inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(12)

[^key-7db015f1760efe2015f623cf94229f45]: S. 65(4AA)(4AB) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(2)(b), 32(2); S.I. 2024/1021, reg. 2(k)

[^key-5702e8aa2c9c3c4296ab440ba4b2e535]: S. 65(5)(czha)(czhb) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 6(6)(a), 32(2); S.I. 2024/1021, reg. 2(f)

[^key-8ac4468d9c42f7bbca2216ec6f15a6f6]: Words in s. 65(5)(czl)(i) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 6(6)(b)(i), 32(2); S.I. 2024/1021, reg. 2(f)

[^key-f23e7e82eea8f5e95fe12c6d6aaa3ff6]: Words in s. 65(5)(czl)(i) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 6(6)(b)(ii), 32(2); S.I. 2024/1021, reg. 2(f)

[^key-2000c655cfaa96843addb9f1f1902c6c]: Words in s. 65(7ZB) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 6(7), 32(2); S.I. 2024/1021, reg. 2(f)

[^key-69e815f78bc89ef37b12eebc5dc869ae]: Words in s. 65(8)(a) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 6(8)(a), 32(2); S.I. 2024/1021, reg. 2(f)

[^key-86b94a41b5457b15f282b2223177aad4]: S. 65(8)(bba) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 6(8)(b), 32(2); S.I. 2024/1021, reg. 2(f)

[^key-4d3625b5b597e94a0a5984090497b504]: S. 65(2)(ba) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(2)(a), 32(2); S.I. 2024/1021, reg. 2(k)

[^key-2ad45ab8341b3bd98fed14cb818c2d84]: Words in s. 67(1)(b) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(3)(a), 32(2); S.I. 2024/1021, reg. 2(k)

[^key-13fe45b477352bcdbf33e9714d71e029]: Words in s. 67(5) renumbered as s. 67(5)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(3)(b)(i), 32(2); S.I. 2024/1021, reg. 2(k)

[^key-417008cb6323336e23d6c51ed090ec47]: S. 67(5)(b) and word inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(3)(b)(ii), 32(2); S.I. 2024/1021, reg. 2(k)

[^key-469e479e8c6bef664aaedc6653dde70e]: Words in s. 67(6) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(3)(c), 32(2); S.I. 2024/1021, reg. 2(k)

[^key-38fe52344a955a393c99ebf36cdf0752]: S. 68(8) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(4), 32(2); S.I. 2024/1021, reg. 2(k)

[^key-67520482a85dba1d29d226016648477b]: Sch. 1 para. 9A substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 7 (with art. 7)

[^key-a102f7defc209b73b8f1a624d3d51d10]: Words in s. 65(5)(czi) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(5)(a)(i), 32(2); S.I. 2025/722, reg. 2(b)

[^key-d0ce553d91ce712f46c1be58985bb33b]: Words in s. 65(5)(czi) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(5)(a)(ii), 32(2); S.I. 2025/722, reg. 2(b)

[^key-44a1ff8d96aeff911f1195f27464e243]: Words in s. 65(5)(czl)(iii) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(5)(b), 32(2); S.I. 2025/722, reg. 2(b)

[^key-ac358d8a89e05e832adff60e0587411d]: Words in s. 65(8)(bc) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(5)(c), 32(2); S.I. 2025/722, reg. 2(b)

[^key-6f44dd4f36245269fe1b4d263559d1f4]: Words in s. 67(7)(azc) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(6), 32(2); S.I. 2025/722, reg. 2(b)

[^key-92b53c4c30a67f18a15fe6ed5d528b25]: Words in s. 68(5)(b) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(7)(a), 32(2); S.I. 2025/722, reg. 2(b)

[^key-eba37ee8c1940d563656259a2b3cd05d]: Words in s. 68(7)(f) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(7)(b), 32(2); S.I. 2025/722, reg. 2(b)

[^key-f6324d6da33349bc8539c1f4fa3fe7a9]: Words in s. 68(7)(ha) substituted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 21(7)(c), 32(2); S.I. 2025/722, reg. 2(b)

[^key-a3aec0788d9f46d3a4c16f8717b840ac]: Sch. 1 para. 20E omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 72 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Office of the Deputy Prime Minister.

The Department for Transport.

23A

The Office of Communications.

23A

The Department of Agriculture and Rural Development.

13A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations under Part III of the Police Act 1997.

Offence for unauthorised disclosures.

Covert human intelligence sources: criminal conduct authorisations

Offence for unauthorised disclosures.

Exercise of the Tribunal’s jurisdiction.

Authorisations under Part III of the Police Act 1997.

Authorisations under Part III of the Police Act 1997.

Procedure for judicial approval

Criminal liability of directors etc.

Tipping-off.

Interception of Communications Commissioner.

Exercise of the Tribunal’s jurisdiction.

Section 29: supplementary provision in relation to relevant collaborative units

9A

The Ministry of Housing, Communities and Local Government.

Foreign surveillance operations

Foreign surveillance operations

13ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

Notification of authorisations for intrusive surveillance.

General duties of specified authorities.

9ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-operation with and reports by s. 57 Commissioner.

Procedure for judicial approval

Procedure for judicial approval

23A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lawful surveillance etc.

Authorisations requiring judicial approval or notification

32A

• (1) This section applies where a relevant person has granted an authorisation under section 28 or 29.

• (2) The authorisation is not to take effect until such time (if any) as the relevant judicial authority has made an order approving the grant of the authorisation.

• (3) The relevant judicial authority may give approval under this section to the granting of an authorisation under section 28 if, and only if, the relevant judicial authority is satisfied that—

• (a) at the time of the grant—

• (i) there were reasonable grounds for believing that the requirements of section 28(2) were satisfied in relation to the authorisation, and

• (ii) the relevant conditions were satisfied in relation to the authorisation, and

• (b) at the time when the relevant judicial authority is considering the matter, there remain reasonable grounds for believing that the requirements of section 28(2) are satisfied in relation to the authorisation.

• (4) For the purposes of subsection (3) the relevant conditions are—

• (a) in relation to a grant by an individual holding an office, rank or position in a local authority in England or Wales, that—

• (i) the individual was a designated person for the purposes of section 28,

• (ii) the grant of the authorisation was not in breach of any restrictions imposed by virtue of section 30(3), and

• (iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied,

• (b) in relation to a grant, for any purpose relating to a Northern Ireland excepted or reserved matter, by an individual holding an office, rank or position in a district council in Northern Ireland, that—

• (i) the individual was a designated person for the purposes of section 28,

• (ii) the grant of the authorisation was not in breach of any restrictions imposed by virtue of section 30(3), and

• (iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied, and

• (c) in relation to any other grant by a relevant person, that any conditions that may be provided for by an order made by the Secretary of State were satisfied.

• (5) The relevant judicial authority may give approval under this section to the granting of an authorisation under section 29 if, and only if, the relevant judicial authority is satisfied that—

• (a) at the time of the grant—

• (i) there were reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b), were satisfied in relation to the authorisation, and

• (ii) the relevant conditions were satisfied in relation to the authorisation, and

• (b) at the time when the relevant judicial authority is considering the matter, there remain reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b), are satisfied in relation to the authorisation.

• (6) For the purposes of subsection (5) the relevant conditions are—

• (a) in relation to a grant by an individual holding an office, rank or position in a local authority in England or Wales, that—

• (i) the individual was a designated person for the purposes of section 29,

• (ii) the grant of the authorisation was not in breach of any prohibition imposed by virtue of section 29(7)(a) or any restriction imposed by virtue of section 30(3), and

• (iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied,

• (b) in relation to a grant, for any purpose relating to a Northern Ireland excepted or reserved matter, by an individual holding an office, rank or position in a district council in Northern Ireland, that—

• (i) the individual was a designated person for the purposes of section 29,

• (ii) the grant of the authorisation was not in breach of any prohibition imposed by virtue of section 29(7)(a) or any restriction imposed by virtue of section 30(3), and

• (iii) any other conditions that may be provided for by an order made by the Secretary of State were satisfied, and

• (c) in relation to any other grant by a relevant person, that any conditions that may be provided for by an order made by the Secretary of State were satisfied.

• (7) In this section—

• “ local authority in England ” means— a district or county council in England,a London borough council,the Common Council of the City of London in its capacity as a local authority, orthe Council of the Isles of Scilly,

• “ local authority in Wales ” means any county council or county borough council in Wales,

• “ Northern Ireland excepted or reserved matter ” means an excepted or reserved matter (within the meaning of section 4(1) of the Northern Ireland Act 1998),

• “ Northern Ireland transferred matter ” means a transferred matter (within the meaning of section 4(1) of the Act of 1998),

• “ relevant judicial authority ” means— in relation to England and Wales, a justice of the peace,in relation to Scotland, a sheriff, andin relation to Northern Ireland, a district judge (magistrates' courts) in Northern Ireland,

• “ relevant person ” means— an individual holding an office, rank or position in a local authority in England or Wales,also, in relation to a grant for any purpose relating to a Northern Ireland excepted or reserved matter, an individual holding an office, rank or position in a district council in Northern Ireland, andalso, in relation to any grant of a description that may be prescribed for the purposes of this subsection by an order made by the Secretary of State or every grant if so prescribed, a person of a description so prescribed.

• (8) No order of the Secretary of State—

• (a) may be made under subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;

• (b) may be made under this section so far as it makes provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament;

• (c) may be made under this section so far as it makes provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a Northern Ireland transferred matter.

Procedure for judicial approval

32B

• (1) The public authority with which the relevant person holds an office, rank or position may apply to the relevant judicial authority for an order under section 32A approving the grant of an authorisation.

• (2) The applicant is not required to give notice of the application to—

• (a) any person to whom the authorisation relates, or

• (b) such a person's legal representatives.

• (3) Where, on an application under this section, the relevant judicial authority refuses to approve the grant of the authorisation concerned, the relevant judicial authority may make an order quashing the authorisation.

• (4) In this section “ relevant judicial authority ” and “ relevant person ” have the same meaning as in section 32A.

Tipping-off.

Effect of notice imposing disclosure requirement.

Abolition of jurisdiction in relation to complaints.

Exercise of the Tribunal’s jurisdiction.

Effect of codes of practice.

Tipping-off.

General duties of specified authorities.

Orders allocating proceedings to the Tribunal.

Surveillance etc. operations beginning in Scotland.

Ministerial expenditure etc.

77A

• (1) This section applies to an application to the sheriff for an order under section ... 32A.

• (2) Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular—

• (a) require the sheriff to determine an application in private,

• (b) secure that any hearing is to be held in private, and

• (c) ensure that notice of an application (or of any order being made) is not given to—

• (i) the person to whom the authorisation or notice which is the subject of the application or order relates, or

• (ii) such a person's representatives.

• (3) The Court of Session's power under section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate and prescribe the procedure and practice to be followed in relation to an application to which this section applies is subject to, but is not otherwise constrained by, section 32B and this section.

77B

• (1) The Lord Chancellor may by order make further provision about the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section ... 32A.

• (2) Such an order may, in particular, provide—

• (a) for the manner in which, and time within which, an application may be made,

• (b) that the district judge (magistrates' courts) is to determine an application—

• (i) in chambers,

• (ii) in the absence of the person to whom the authorisation or notice which is the subject of the application relates,

• (c) that any hearing is to be held in private,

• (d) that notice of an order given is not to be given to—

• (i) the person to whom the authorisation or notice which is the subject of the order relates, or

• (ii) such a person's legal representatives.

• (3) An order of the Lord Chancellor under this section may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998).

• (4) The power of the Magistrates' Courts Rules Committee under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to regulate and prescribe the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section ... 32A is subject to, but is not otherwise constrained by, section 32B and any order made under this section.

Criminal liability of directors etc.

Amendments, repeals and savings etc.

19A

The Prudential Regulation Authority.

The Natural Resources Body for Wales

28F

The Natural Resources Body for Wales.

Criminal liability of directors etc.

59A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part III.

Orders allocating proceedings to the Tribunal.

Interception of Communications Commissioner.

Ministerial expenditure etc.

Ministerial expenditure etc.

Criminal liability of directors etc.

Interpretation of Part III.

Notices requiring disclosure.

Notices requiring disclosure.

Tipping-off.

Effect of codes of practice.

Interception of Communications Commissioner.

Short title, commencement and extent.

9ZC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons entitled to grant authorisations under ss. 28 and 29.

29A

• (1) For the purposes of section 29(2)(c)(i), a “relevant collaborative unit” is a unit that falls within subsection (2) or (3).

• (2) A unit falls within this subsection if—

• (a) it consists of two or more police forces whose chief officers of police have made an agreement under section 22A of the Police Act 1996, and

• (b) the agreement relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the covert human intelligence source concerned.

• (3) A unit falls within this subsection if—

• (a) it consists of one or more police forces and the National Crime Agency,

• (b) it is in place by virtue of an agreement made under section 22A of the Police Act 1996, and

• (c) the agreement relates to the discharge by persons holding offices, ranks or positions within any such force, or by persons who are National Crime Agency officers, of functions in connection with the conduct or use of the covert human intelligence source concerned.

• (4) In the case of a relevant collaborative unit that falls within subsection (2), a person is a “qualifying person” for the purposes of section 29(4A) if—

• (a) the person holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (2)(a) above, and

• (b) the person is permitted by the terms of the agreement to have the responsibility mentioned in section 29(4A)(a) or (c) or the general oversight mentioned in section 29(4A)(b).

• (5) In the case of a relevant collaborative unit that falls within subsection (3), a person is a qualifying person for the purposes of section 29(4A) if—

• (a) the person—

• (i) is a National Crime Agency officer, or

• (ii) holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(b) above, and

• (b) the person is permitted by the terms of the agreement to have the responsibility mentioned in section 29(4A)(a) or (c) or the general oversight mentioned in section 29(4A)(b).

• (6) For the purposes of this section references to a police force are to the following—

• (a) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London),

• (b) the metropolitan police force, and

• (c) the City of London police force.

Procedure for judicial approval

General duties of specified authorities.

33A

• (1) This section applies where the Director General of the National Crime Agency has made a collaboration agreement with the chief officer of police of one or more police forces (a “collaborative police force”).

• (2) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to an office, rank or position with a collaborative police force may grant an authorisation under that section on an application made by a National Crime Agency officer.

• (3) A person who is a designated person for the purposes of section 28 , 29 or 29B by reference to their position as a National Crime Agency officer may grant an authorisation under that section on an application made by a member of a collaborative police force.

• (4) Authorisations may be granted to persons by virtue of subsection (2) or (3) only if such persons are permitted under the terms of the collaboration agreement to make applications for authorisations under section 28 , 29 or 29B to a person who is a designated person for the purposes of that section—

• (a) in the case of authorisations granted by virtue of subsection (2), by reference to an office, rank or position with the collaborative police force concerned, or

• (b) in the case of authorisations granted by virtue of subsection (3), by reference to the person's position as a National Crime Agency officer.

• (5) A person who is a senior authorising officer by reference to a collaborative police force may grant an authorisation for the carrying out of intrusive surveillance on an application made by a National Crime Agency officer.

• (6) The Director General of the National Crime Agency, or a person designated for the purposes of section 32(6)(k) by that Director General, may grant an authorisation for the carrying out of intrusive surveillance on an application made by a member of a collaborative police force.

• (7) Authorisations may be granted to persons by virtue of subsection (5) or (6) only if such persons are permitted under the terms of the collaboration agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who—

• (a) in the case of authorisations granted by virtue of subsection (5), is a senior authorising officer by reference to the collaborative police force concerned, or

• (b) in the case of authorisations granted by virtue of subsection (6), is the Director General of the National Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General.

• (8) In the case of an application made by virtue of subsection (5) or (6) for the carrying out of intrusive surveillance in relation to any residential premises, authorisation may be granted only in relation to premises in the area which is—

• (a) the area of operation of a collaborative police force, and

• (b) specified in relation to members of that force in the collaboration agreement.

• (9) For the purposes of this section the area of operation of a collaborative police force is the area for which that force is maintained.

• (10) In this section—

• “collaboration agreement” means an agreement made under section 22A of the Police Act 1996;

• “collaborative police force” has the meaning given by subsection (1);

• “police force” has the meaning given by section 33(5A).

Effect of codes of practice.

Surveillance etc. operations beginning in Scotland.

Amendments, repeals and savings etc.

Information to be provided to Surveillance Commissioners.

Surveillance etc. operations beginning in Scotland.

Information to be provided to Surveillance Commissioners.

Orders allocating proceedings to the Tribunal.

The intelligence services

Ministerial expenditure etc.

Criminal liability of directors etc.

Amendments, repeals and savings etc.

Short title, commencement and extent.

18A

The Marine Management Organisation.

Arrangements for payments.

Secretary of State authorisations.

Rules for grant of authorisations.

Section 33: further provision in cases where NCA is party to collaboration agreement

Approval required for authorisations to take effect.

Co-operation with and reports by s. 57 Commissioner.

Exercise of the Tribunal’s jurisdiction.

Procedure for order of sheriff under section ... 32A: Scotland

67A

• (1) A relevant person may appeal on a point of law against any determination of the Tribunal of a kind mentioned in section 68(4) or any decision of the Tribunal of a kind mentioned in section 68(4C).

• (2) Before making a determination or decision which might be the subject of an appeal under this section, the Tribunal must specify the court which is to have jurisdiction to hear the appeal (the “relevant appellate court”).

• (3) This court is whichever of the following courts appears to the Tribunal to be the most appropriate—

• (a) the Court of Appeal in England and Wales,

• (b) the Court of Session.

• (4) The Secretary of State may by regulations, with the consent of the Northern Ireland Assembly, amend subsection (3) so as to add the Court of Appeal in Northern Ireland to the list of courts mentioned there.

• (5) The Secretary of State may by regulations specify criteria to be applied by the Tribunal in making decisions under subsection (2) as to the identity of the relevant appellate court.

• (6) An appeal under this section—

• (a) is to be heard by the relevant appellate court, but

• (b) may not be made without the leave of the Tribunal or, if that is refused, of the relevant appellate court.

• (7) The Tribunal or relevant appellate court must not grant leave to appeal unless it considers that—

• (a) the appeal would raise an important point of principle or practice, or

• (b) there is another compelling reason for granting leave.

• (8) In this section—

• “relevant appellate court” has the meaning given by subsection (2),

• “relevant person”, in relation to any proceedings, complaint or reference, means the complainant or—in the case of proceedings, the respondent,in the case of a complaint, the person complained against, andin the case of a reference, any public authority to whom the reference relates.

Amendments, repeals and savings etc.

Ministerial expenditure etc.

Amendments, repeals and savings etc.

Notification of criminal conduct authorisations

Grant of authorisations in the senior officer’s absence.

Approval required for authorisations to take effect.

Quashing of police and Revenue and Customs authorisations etc.

Appeals against decisions by Judicial Commissioners .

Appeals to the Investigatory Powers Commissioner : supplementary.

Notices requiring disclosure.

Effect of codes of practice.

Surveillance etc. operations beginning in Scotland.

Amendments, repeals and savings etc.

27A

For the purposes of—

• (a) the Criminal Injuries Compensation Act 1995,

• (b) the Scheme made under that Act,

• (c) the Criminal Injuries Compensation (Northern Ireland) Order 2002 (S.I. 2002/796 (N.I. 1)), and

• (d) the Scheme made under that Order,

section 27(1) has no effect in relation to conduct authorised under section 29B.

29B

• (1) Subject to the following provisions of this Part, the persons designated for the purposes of this section each have power to grant criminal conduct authorisations.

• (2) A “criminal conduct authorisation” is an authorisation for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source.

• (3) A criminal conduct authorisation may only be granted in relation to a covert human intelligence source after, or at the same time as, an authorisation under section 29 which authorises the conduct or the use of the covert human intelligence source concerned.

• (4) A person may not grant a criminal conduct authorisation unless the person believes—

• (a) that the authorisation is necessary on grounds falling within subsection (5);

• (b) that the authorised conduct is proportionate to what is sought to be achieved by that conduct; and

• (c) that arrangements exist that satisfy such requirements as may be imposed by order made by the Secretary of State.

• (5) A criminal conduct authorisation is necessary on grounds falling within this subsection if it is necessary—

• (a) in the interests of national security;

• (b) for the purpose of preventing or detecting crime or of preventing disorder; or

• (c) in the interests of the economic well-being of the United Kingdom.

• (6) In considering whether the requirements in subsection (4)(a) and (b) are satisfied, the person must take into account whether what is sought to be achieved by the authorised conduct could reasonably be achieved by other conduct which would not constitute crime.

• (7) Subsection (6) is without prejudice to the need to take into account other matters so far as they are relevant (for example, the requirements of the Human Rights Act 1998).

• (8) The conduct that is authorised by a criminal conduct authorisation is any conduct that—

• (a) is comprised in any activities—

• (i) which involve criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source, and

• (ii) are specified or described in the authorisation;

• (b) consists in conduct by or in relation to the person who is so specified or described as the covert human intelligence source to whom the authorisation relates; and

• (c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

• (9) If an authorisation under section 29, which authorises the conduct or the use of a covert human intelligence source to whom a criminal conduct authorisation relates, ceases to have effect, the criminal conduct authorisation also ceases to have effect so far as it relates to that covert human intelligence source (but this is without prejudice to whether the criminal conduct authorisation continues to have effect so far as it relates to any other covert human intelligence source).

• (10) The Secretary of State may by order—

• (a) prohibit the authorisation under this section of any such conduct as may be described in the order; and

• (b) impose requirements, in addition to those provided for by subsections (3) and (4) and sections 29C and 29D, that must be satisfied before an authorisation is granted under this section for any such conduct as may be so described.

29C

• (1) This section applies in relation to the grant of a juvenile criminal conduct authorisation.

• (2) “A juvenile criminal conduct authorisation” is an authorisation under section 29B for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source where that source is under the age of 18 (“the juvenile source”).

• (3) In addition to satisfying the requirements of section 29B, a person may grant a juvenile criminal conduct authorisation only if—

• (a) the person has considered the results of an appropriate risk assessment;

• (b) there are exceptional circumstances such that—

• (i) it is not reasonably foreseeable in the circumstances as the person believes them to be that any harm to the juvenile source would result from the grant of the authorisation, and

• (ii) the person believes the authorisation would be compatible with the need to safeguard and promote the best interests of the juvenile source; and

• (c) the person believes that appropriate arrangements for meetings are in force.

• (4) For the purposes of subsection (3)(a), “an appropriate risk assessment” means an assessment which—

• (a) identifies and evaluates the nature and magnitude of the risks of harm to the juvenile source arising in the course of, or as result of, the conduct authorised by the authorisation; and

• (b) is carried out in accordance with provision made by the Secretary of State by regulations under this paragraph.

• (5) In subsections (3)(b)(i) and (4)(a), “harm” means—

• (a) physical injury; or

• (b) psychological distress.

• (6) For the purposes of subsection (3)(c), “appropriate arrangements for meetings” are such arrangements for the juvenile source's case as are necessary for ensuring—

• (a) that, at all times when the juvenile source is under the age of 16, there will be a relevant person who will have responsibility for ensuring that an appropriate adult is present at all meetings in relation to the authorisation which take place between the source and a person representing a relevant investigating authority; and

• (b) that, at all times when the juvenile source is 16 or 17 years old, there will be a relevant person who will have responsibility for—

• (i) ensuring that an appropriate adult is present at all meetings in relation to the authorisation which take place between the source and a person representing a relevant investigating authority, other than any such meeting in relation to which a relevant person decides there are circumstances which justify the absence of an appropriate adult, and

• (ii) maintaining a record of the reasons for each such decision that there are circumstances in relation to a meeting which justify the absence of an appropriate adult.

• (7) In subsection (6)—

• “appropriate adult”, in relation to a juvenile source, means—the parent or guardian of the juvenile source; orany other person who—has for the time being assumed responsibility for the juvenile source's welfare, oris otherwise qualified to represent the interests of the juvenile source;

• “relevant investigating authority”, in relation to a juvenile criminal conduct authorisation, means the public authority, or (as the case may be) one of the public authorities, for whose benefit the activities of the juvenile source as a covert human intelligence source are to take place;

• “relevant person”, in relation to a juvenile criminal conduct authorisation, means a person holding an office, rank or position with a relevant investigating authority in relation to the authorisation;

and in this subsection, “guardian”, in relation to a juvenile source, has the same meaning as “guardian of a child” in the Children Act 1989 (see section 105 of that Act).

• (8) No provision made by or under this section affects the power to make additional provision by order under section 29B(4)(c) or (10) in relation to the grant of a juvenile criminal conduct authorisation.

29D

• (1) This section applies in relation to the grant of a vulnerable adult criminal conduct authorisation.

• (2) “A vulnerable adult criminal conduct authorisation” is an authorisation under section 29B for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source where that source is a vulnerable adult (“the vulnerable adult source”).

• (3) For the purposes of this section, a “vulnerable adult” is a person aged 18 or over who by reason of mental disorder or vulnerability, disability, age or illness, is or may be unable to take care of themselves or to protect themselves against significant harm or exploitation.

• (4) In addition to satisfying the requirements of section 29B, a person may grant a vulnerable adult criminal conduct authorisation only if the person—

• (a) has considered the results of an appropriate risk assessment;

• (b) believes that the risks of harm identified by that risk assessment have been properly explained to and understood by the vulnerable adult source; and

• (c) has taken into account the need to safeguard and promote the best interests of the vulnerable adult source.

• (5) “An appropriate risk assessment” means an assessment which—

• (a) identifies and evaluates the nature and magnitude of the risks of harm to the vulnerable adult source arising in the course of, or as result of, the conduct authorised by the authorisation; and

• (b) is carried out in accordance with provision made by the Secretary of State by regulations under this paragraph.

• (6) For the purposes of subsections (3), (4)(b) and (5)(a), “harm” means—

• (a) physical injury; or

• (b) psychological distress.

• (7) No provision made by or under this section affects the power to make additional provision by order under section 29B(4)(c) or (10) in relation to the grant of a vulnerable adult criminal conduct authorisation.

32C

• (1) This section applies where a person grants or cancels an authorisation under section 29B.

• (2) The person must give notice that the person has granted or cancelled the authorisation to a Judicial Commissioner.

• (3) A notice given for the purposes of subsection (2) must be given—

• (a) in writing as soon as reasonably practicable and, in any event, before the end of the period of 7 days beginning with the day after that on which the authorisation to which it relates is granted or, as the case may be, cancelled; and

• (b) in accordance with such arrangements made for the purposes of this paragraph by the Investigatory Powers Commissioner as are for the time being in force.

• (4) A notice under this section relating to the grant of an authorisation under section 29B must—

• (a) set out the grounds on which the person giving the notice believes that the requirements of section 29B(4) are satisfied in relation to the authorisation; and

• (b) specify the conduct that is authorised under section 29B by the authorisation.

• (5) Any notice that is required by this section to be given in writing may be given, instead, by being transmitted by electronic means.

PART A1 — Relevant authorities for the purposes of ss. 28, 29 and 29B

A1

Any police force.

B1

The National Crime Agency.

C1

The Serious Fraud Office.

D1

Any of the intelligence services.

E1

Any of Her Majesty's forces.

F1

Her Majesty's Revenue and Customs.

G1

The Department of Health and Social Care.

H1

The Home Office.

I1

The Ministry of Justice.

J1

The Competition and Markets Authority.

K1

The Environment Agency.

L1

The Financial Conduct Authority.

M1

The Food Standards Agency.

N1

The Gambling Commission.

Section 33: further provision in cases where NCA is party to collaboration agreement

Quashing of police and Revenue and Customs authorisations etc.

Information to be provided to Surveillance Commissioners.

Tipping-off.

Interception of Communications Commissioner.

Ministerial expenditure etc.

Police forces etc

A1A

The tri-service serious crime unit.

15C

The Department for Business and Trade.

15D

The Department for Energy Security and Net Zero.

15E

The Department for Science, Innovation and Technology.

Rules for grant of authorisations.

19B

The Service Police Complaints Commissioner.