Regulation of Investigatory Powers Act 2000 Explanatory Notes

  • Explanatory Notes Table of contents
  1. Introduction

  2. Summary and Background

  3. Overview

    1. Interception of Communications and the Acquisition and Disclosure of Communications Data

    2. Surveillance and Covert Human Intelligence Sources

    3. Investigation of Electronic Data Protected by Encryption

    4. Scrutiny of Investigatory Powers and Codes of Practice

    5. Miscellaneous and Supplemental

  4. Commentary on Sections

    1. Section 1: Unlawful and authorised interception

    2. “Private telecommunication system” is defined in Section 2(1).

      1. There is an exception for conduct with “lawful authority”, as to which see subsection (5).  For territorial limitation, see section 2(4).)

    3. "International mutual assistance agreement" is defined in Section 20

      1. Section 2: Meaning and location of “interception”

    4. “Wireless telegraphy” and “apparatus” are defined in Section 81.

      1. For “while being transmitted”, see subsection (7).

        1. Section 3: Lawful interception without an interception warrant

        2. Section 4: Power to provide for lawful interception

    5. For “prison”, see subsection (9).

    6. “High security psychiatric service” and “hospital premises” are defined in subsection (8)

      1. Section 5: Interception with a warrant

    7. For “addressed" see section 7(3)

    8. “Interception” is described in Section 2.

    9. “Postal service” and “telecommunications system” are defined in Section 2(1).

    10. “Serious crime” is defined in section 81(2) and (3)

      1. "Detecting crime" is defined in section 81(5)

        1. Section 6: Application for issue of interception warrants

        2. Section 7: Issue of warrants

    11. “Senior official” is defined in Section 81(1).

      1. “International mutual assistance agreement” is defined in Section 20.

        1. Section 8: Contents of warrant

    12. “Person” is defined in Section 81(1).

      1. “Interception” is described in Section 2.

    13. “Communication” is defined in section 81(1).

    14. “External communications” is defined in Section 20.

      1. Section 9: Duration, cancellation and renewal of warrants.

    15. “Relevant period” is defined in subsection (6).

      1. “Working day” is defined in section 81(1).

    16. “International mutual assistance agreement” is defined in Section 20.

      1. Section 10: Modification of warrants and certificates

    17. "Working day" is defined in Section 81(1).

      1. Section 11: Implementation of warrants

    18. For “provide assistance”, see subsection (9).

      1. Section 12: Maintenance of interception capability

      2. Section 13: Technical Advisory Board

      3. Section 14: Grants for interception costs

      4. Section 15: General safeguards

    19. “Copy” is defined in subsection (8).

      1. Section 16: Extra safeguards in the case of certificated warrants

      2. Section 17: Exclusion of matters from legal proceedings

      3. Section 18: Exceptions to section 17

    20. “Relevant offence” is explained in subsection (12).

    21. “Relevant judge” is explained in subsection (11).

      1. Section 19: Offence for unauthorised disclosures

      2. Section 20

    22. Chapter Ii

      1. Section 21: Lawful acquisition and disclosure of communications data

        1. “Relevant enactment” is defined in subsection (5)

      2. Section 22:  Obtaining and disclosing communications data.

      3. Section 23: Form and duration of authorisations and notices

      4. Section 24: Arrangements for payments

      5. Section 25: Interpretation of Chapter II

    23. Part Ii: Surveillance and Covert Human Intelligence Sources

      1. Introductory

        1. Section 26: Conduct to which Part II applies

      2. Authorisation of surveillance and human intelligence sources

        1. Section 27: Lawful surveillance

        2. Section 31: Orders under section 30 for Northern Ireland

  5. Intrusive Surveillance

    1. Section 32: Authorisation of intrusive surveillance

      1. Police and customs authorisations

    2. Section 33:  Rules for grant of authorisations

    3. Section 34: Grant of authorisations for intrusive surveillance in the senior officer's absence

    4. Section 35:Notification of authorisations for intrusive surveillance

    5. Section 36: Approval required for authorisations for intrusive surveillance to take effect

    6. Section 37: Quashing of police and customs authorisations for intrusive surveillance

    7. Section 38: Appeals against decisions by Surveillance Commissioners

    8. Section 39: Appeals to the Chief Surveillance Commissioner:  supplementary

  6. Other Authorisations

    1. Section 41: Secretary of State authorisations

    2. Section 42: Intelligence services authorisations

    3. Grant, renewal and duration of authorisations

      1. Section 43: General rules about grant, renewal and duration

      2. Section 44: Special rules for intelligence services authorisations

      3. Section 45: Cancellation of authorisations

      4. Section 46: Restrictions on authorisations extending to Scotland

    4. Supplemental provision for Part II

      1. Section 47: Power to extend or modify authorisation provisions

      2. Section 48: Interpretation of Part II

    5. Part Iii:  Investigation of Electronic Data Protected by Encryption Etc

      1. Section 49:  Notices requiring disclosure

        1. Intelligible is defined in section 56(3)

        2. Senior officer is defined in section 49(10)

      2. Section 50: Effect of notice imposing disclosure requirement

        1. Relevant time is defined in section 50(10)

      3. Section 51: Cases in which key required

      4. Section 52:  Arrangements for payments for disclosure

        1. 279.

          Section 53: Failure to comply with a notice

      5. Section 54: Tipping-off

      6. Section 55: General duties of specified authorities

      7. Section 56:  Interpretation of Part III

    6. Part Iv:  Scrutiny Etc of Investigatory Powers and of the Functions of the Intelligence Services

      1. Commissioners

        1. Section 57:  Interception of Communications Commissioner

        2. Section 58:  Cooperation with and reports by s. 57 Commissioner

        3. Section 59: Intelligence Services Commissioner

        4. Section 61: Investigatory powers Commissioner for Northern Ireland

        5. Section 62:  Additional functions of Chief Surveillance Commissioner

        6. Section 63: Assistant Surveillance Commissioners

        7. Section 64: Delegation of Commissioners’ functions

        8. Section 65: The Tribunal

        9. Section 66: Orders allocating proceedings to the Tribunal

        10. Section 67: Exercise of the Tribunal’s jurisdiction

        11. Section 68: Tribunal procedure

        12. Section 69: Tribunal rules

        13. Section 70: Abolition of jurisdiction in relation to complaints

        14. Section 71:  Issue and revision of Codes of Practice

        15. Section 72:  Effect of Codes of Practice

    7. Part V:  Miscellaneous and Supplemental

      1. Section 73:  Conduct in relation to Wireless Telegraphy

        1. “Designated person” is defined in the inserted section 5(12)

      2. Section 74:  Warrants under the Intelligence Services Act 1994

      3. Section 75:  Authorisations under Part III of the Police Act 1997

      4. Section 76: Surveillance operations beginning in Scotland

      5. Section 79:  Criminal liability of directors

      6. Section 80:  General saving for lawful conduct

      7. Schedule 1: Relevant Public Authorities

      8. Schedule 2:  Persons Having the Appropriate Permission

        1. Paragraph 1:  Requirement that appropriate permission is granted by a judge

        2. Paragraph 2: Data obtained under warrant

        3. Paragraph 3: Data obtained by the intelligence services under statute but without a warrant

        4. Paragraph 4: Data obtained under statute by other persons but without a warrant

        5. Paragraph 5: Data obtained without the exercise of statutory powers

        6. Paragraph 6: General requirements relating to the appropriate permission

        7. Paragraph 7: Duration of permission

        8. Paragraph 8: Formalities for permissions granted by the Secretary of State

      9. Schedule 3: The Tribunal

        1. Paragraph 1: Membership of the Tribunal

          1. “‘High Judicial Office’ means any of the following offices; that is to say

          2. ‘Superior courts of Great Britain and Ireland’ means and includes

          3. As to Scotland, the Court of Session.”

        2. Paragraph 2: President and Vice-President

        3. Paragraph 3: Members of the Tribunal with special responsibilities

        4. Paragraph 4: Salaries and expenses

        5. Paragraph 5: Officers

        6. Paragraph 6: Parliamentary disqualification

      10. Schedule 4

        1. Paragraph 8:  The Police Act 1997 (c.50)

  7. Commencement Date

    1. Hansard References

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