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The Regulation of Investigatory Powers (Source Records) (Scotland) Regulations 2002
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- 2002 No. 205
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
Under section 7(2)(c) of the Regulation of Investigatory Powers (Scotland) Act 2000 (“the 2000 Act”) a person may not grant an authorisation for the conduct or use of a covert human intelligence source unless they are satisfied that arrangements exist that satisfy the requirements of section 7(6) of that Act. Section 7(6)(d) provides that the arrangements must be adequate to ensure that the records relating to the source contain particulars of certain matters as may be specified by the Scottish Ministers. Those matters are specified in these Regulations (regulation 3).
In some cases, the activities of the source will be for the benefit of more than one public authority. By virtue of section 7(8) of the 2000 Act, the records relating to the source must be kept by one of those authorities. The matters specified in the Regulations, however, relate to the source’s contact with each of them.
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