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Policing and Crime Act 2009

Section 8 Authorisations for covert human intelligence sources: conditions

60.Section 8 amends section 29 of the Regulation of Investigatory Powers Act (‘RIPA’). Section 29(2)(c) of RIPA provides that arrangements must exist for a covert human intelligence source’s case which satisfy the requirements of subsection (5). Under section 29(5) and (9), these arrangements cannot be divided between different public authorities unless the activities of the covert human intelligence source are for the benefit of each of those public authorities. The new provisions require arrangements equivalent to those in section 29(5) of RIPA to be in force in relation to sources of police collaborative units comprising two or more police forces. Under the new provisions, these equivalent arrangements could be divided between the police forces in a collaborative unit provided the chief officers of the forces in question had made a collaboration agreement permitting this to happen. The new provisions apply either to police forces in England and Wales which have made a collaboration agreement to this effect under section 23(1) of the Police Act 1996, or to Scottish police forces which have made a collaboration agreement to this effect under section 12 of the Police (Scotland) Act 1967.

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