- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 2018 No. 53
Draft Order laid before the Scottish Parliament under section 24(9) of the Regulation of Investigatory Powers (Scotland) Act 2000 for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Investigatory Powers
Made
2018
Coming into force
28th February 2018
The Scottish Ministers make the following Order in exercise of the powers conferred by section 24(5) of the Regulation of Investigatory Powers (Scotland) Act 2000(1) (“the Act”) and all other powers enabling them to do so.
The Scottish Ministers have:
(a)under section 24(7) of the Act, revised the code of practice relating to covert human intelligence sources issued under the Act;
(b)prepared and published a draft of the revised code of practice and considered any representations made to them about that draft in accordance with sections 24(3) and 24(8) of the Act; and
(c)laid that draft revised code of practice before the Scottish Parliament in accordance with sections 24(4) and section 24(8) of the Act.
In accordance with section 24(9) of the Act(2), a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
2000 asp 11. Section 24 has been amended by paragraph 15 of schedule 7 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) and paragraph 92 of schedule 10 of the Investigatory Powers Act 2016 (c.25).
Section 24(9) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
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Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
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