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The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2009

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2.—(1) In this Order—

“the 2000 Act” means the Regulation of Investigatory Powers Act 2000;

“Chief Surveillance Commissioner” means a Commissioner holding office under section 91(1)(a) of the Police Act 1997(1);

“Her Majesty’s forces” and “intelligence service” have the meanings given in section 81(1) of the 2000 Act;

“matters subject to legal privilege” means (subject to paragraph (2)) matters to which section 98(2), (3) or (4) of the Police Act 1997 applies;

“ordinary Surveillance Commissioner” means a Commissioner holding office under section 91(1)(b) of the Police Act 1997;

“preventing or detecting serious crime” shall be construed in accordance with section 81(2), (3) and (6) of the 2000 Act(2);

“private information” has the meaning given in section 26(10) of the 2000 Act;

“senior official” has the meaning given in section 81(1) and (7) of the 2000 Act; and

source” means covert human intelligence source.

(2) For the purposes of this Order—

(a)communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and

(b)communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.

(1)

1997 c.50; section 91(1) has been amended by S.I. 1999/1747.

(2)

Section 81(3) is to be amended by section 74 and paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43), from a date to be appointed.

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