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

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5.—(1) Before a person grants or renews an authorisation for conduct to which this Order applies, that person shall, in accordance with arrangements made by the relevant approving officer, give notice to the approving officer.

(2) A notice under this article—

(a)shall be given in writing to the relevant approving officer,

(b)shall state that the approval of an approving officer is required by article 6 before the authorisation is granted or renewed, and

(c)shall include the matters specified in paragraph (3) or, as the case may be, paragraph (4).

(3) Where a person gives notice under paragraph (1) seeking approval to grant an authorisation, the notice to the approving officer shall, in addition to the statement required by article 5(2)(b), specify—

(a)the grounds on which the person giving the notice believes the matters specified in article 6(4) and section 29(2)(b) and (c) of the 2000 Act;

(b)the conduct falling within article 3(1) that is, or is to be, authorised by the authorisation;

(c)the identity, where known, of—

(i)the professional legal adviser and his client or any person representing his client, or

(ii)the professional legal adviser or his client or any such representative and any other person,

to whom the activities of the source relate;

(d)the matters subject to legal privilege (to the extent known) to which the conduct that is to be authorised by the authorisation relate; and

(e)whether the conduct to be authorised by the authorisation is likely to result in the obtaining of private information about any person who is not specifically identified in the notice for the purposes of the investigation or operation.

(4) Where a person gives notice under paragraph (1) seeking approval to renew an authorisation, the notice to the approving officer shall, in addition to the statement required by article 5(2)(b), specify—

(a)whether the authorisation is being renewed for the first time, or, where it has been previously renewed, each occasion on which it has been renewed;

(b)the matters required by paragraph (3), as they apply at the time of the notice seeking approval to renew;

(c)every respect (if any) in which the information contained in the previous notice under this article has changed;

(d)the reason why it is considered necessary to renew the authorisation;

(e)the content and value to the investigation or operation of the matters subject to legal privilege obtained from the conduct or the use of the source in the period since the grant of the authorisation;

(f)the results of any reviews of the matters mentioned in section 43(7) of the 2000 Act; and

(g)the period for which the authorisation is considered likely to continue to be necessary.

(5) Any notice that is required by this article to be given in writing may be given, instead, by being transmitted by electronic means.

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