The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006

Explanatory Note

(This note is not part of the Order)

Articles 2 and 3 of this Order amend Schedule 1 to the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”) by inserting and deleting entries, respectively. Schedule 1 lists those public authorities that are relevant public authorities for the purposes of section 28 (authorisation of directed surveillance) and section 29 (authorisation of covert human intelligence sources) of that Act.

Article 4 of, and the Schedule to, this Order amend the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (“the 2003 Order”). The individuals in the public authorities listed in column (1) of Part 1 of the Schedule to the 2003 Order who hold the offices, ranks or positions prescribed in column (2) are entitled to authorise directed surveillance under section 28 of the 2000 Act and the use and conduct of covert human intelligence sources under section 29 of that Act. Such individuals holding the offices, ranks or positions listed in column (2) of Part 2 of the Schedule to the 2003 Order are entitled only to authorise directed surveillance under section 28. Where an entry is included in column (3) it is for a less senior official to authorise in urgent cases.

Paragraphs 2(3) and (5) and 9 of the Schedule to this Order omit entries from the Schedule to the 2003 Order; paragraphs 2(4), 4 and 6 of the Schedule to this Order add entries to that Schedule; and paragraphs 2(2), 3, 5, 8 and 10 amend entries in that Schedule.