Search Legislation

Regulation of Investigatory Powers (Scotland) Act 2000

Authorisation of surveillance and human intelligence sources

Section 10:  Authorisation of intrusive surveillance

38.This section deals with authorisations for intrusive surveillance. Such authorisations may only be granted by chief constables in the police forces.

39.By virtue of subsection (2), intrusive surveillance authorisations cannot be granted unless specific criteria are satisfied, namely that the chief constable is satisfied that:

  • the authorisation is necessary for the purpose of preventing or detecting serious crime (which is defined in section 31(6)); and

  • the authorised activity is proportionate to what is sought to be achieved by it.

40.An additional factor which must be taken into account is specified in subsection (3). The chief constable must be satisfied that the information which it is thought necessary to obtain by the authorised conduct could not reasonably be obtained by other means.

Back to top


Print Options


Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources