The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2010

Statutory Instruments

2010 No. 462

Investigatory Powers

The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2010

Made

25th February 2010

Coming into force

6th April 2010

This Order is made in exercise of the powers conferred on the Secretary of State by section 71(5) of the Regulation of Investigatory Powers Act 2000(1).

The Secretary of State:

(1) has, in accordance with section 71(3) of that Act, prepared and published a draft revised code of practice relating to the exercise and performance of the powers and duties that are conferred or imposed otherwise than on the Surveillance Commissioners by or under Part 2 of that Act and considered representations made to him about it;

(2) has, in accordance with section 71(4) of that Act, laid before both Houses of Parliament a draft of that code revised to take account of those representations.

A draft of this Order has been approved by resolution of each House of Parliament in accordance with section 71(9) of that Act.

Accordingly, the Secretary of State makes the following Order—

1.  This Order may be cited as the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2010 and shall come into force on 6th April 2010.

2.  The code of practice entitled “Covert Human Intelligence Sources”, laid before each House of Parliament in draft on 21st January 2010, relating to the conduct and the use of covert human intelligence sources under Part 2 of the Regulation of Investigatory Powers Act 2000, shall come into force on 6thApril 2010.

David Hanson

Minister of State

Home Office

25th February 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the revised code of practice prepared under section 71 of the Regulation of Investigatory Powers Act 2000 relating to the conduct and the use of covert human intelligence sources under Part 2 of that Act. Under section 72(1) of that Act, a person exercising any power or duty in relation to which provisions may be made by a code of practice under section 71 must, in doing so, have regard to the code’s provisions (as far as applicable).

The code of practice will be published by the Stationery Office Limited and copies may be obtained from The Stationery Office Bookshops. It will also be published on the Home Office website at www.homeoffice.gov.uk/ripa/publication-search/ripa-cop/.

(1)

2000 c.23.