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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Regulation of Investigatory Powers Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)In subsection (2) of section 5 of the M1Intelligence Services Act 1994 (the circumstances in which the Secretary of State may issue a warrant authorising interference with property or wireless telegraphy)—
(a)in paragraph (a), for “on the ground that it is likely to be of substantial value in” there shall be substituted “ for the purpose of ”; and
(b)for paragraph (b) there shall be substituted—
“(b)is satisfied that the taking of the action is proportionate to what the action seeks to achieve;”.
(2)After that subsection, there shall be inserted—
“(2A)The matters to be taken into account in considering whether the requirements of subsection (2)(a) and (b) are satisfied in the case of any warrant shall include whether what it is thought necessary to achieve by the conduct authorised by the warrant could reasonably be achieved by other means.”
(3)In each of sections 6(1)(b) and 7(5)(b) of that Act (warrants issued under the hand of a senior official of the Secretary of State’s department), the words “of his department” shall be omitted.
(4)In section 11 of that Act (interpretation), for paragraph (1)(d) there shall be substituted—
“(d)“senior official” has the same meaning as in the Regulation of Investigatory Powers Act 2000;”.
Text created by the government 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 Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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