Explanatory Notes

Regulation of Investigatory Powers (Scotland) Act 2000

2000 asp 11

28 September 2000

Commentary on Sections

Authorisation of surveillance and human intelligence sources

Section 10:  Authorisation of intrusive surveillance

38.This section deals with authorisations for intrusive surveillance. Such authorisations may only be granted by chief constables in the police forces.

39.By virtue of subsection (2), intrusive surveillance authorisations cannot be granted unless specific criteria are satisfied, namely that the chief constable is satisfied that:

40.An additional factor which must be taken into account is specified in subsection (3). The chief constable must be satisfied that the information which it is thought necessary to obtain by the authorised conduct could not reasonably be obtained by other means.