The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to certain Orders and Regulations made under the Regulation of Investigatory Powers Act 2000 (c. 23) (“the 2000 Act”) which are consequential to changes made by the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4) (“the 2021 Act”) to the 2000 Act. This Order also makes unrelated minor changes to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521) (“the 2010 Order”).

Article 2 amends the Regulation of Investigatory Powers (Source Records) Regulations 2000 (S.I. 2000/2725) to insert requirements to keep records relating to criminal conduct authorisations given under section 29B of the 2000 Act, as inserted by the 2021 Act.

Article 3 amends the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010 (S.I. 2010/123) to apply the safeguards that exist for section 29 authorisations which relate to legal professional privilege material to section 29B authorisations as well.

Article 4 amends the 2010 Order in various ways which are consequential on the creation of section 29B authorisations.

Paragraph (2) of that article amends article 3 of the 2010 Order to provide that those designated in column 2 of Part 1B of the Schedule are prescribed for the purposes of section 30(1) of the 2000 Act.

Paragraph (3) amends article 4 of the 2010 Order to include section 29B authorisations within the urgency provisions in article 4.

Paragraph (4) amends article 5 of the 2010 Order to restrict the purposes for which section 29B authorisations may be made by individuals listed in column 2 or 3 of Part 1A and Part 1B of the Schedule.

Paragraph (5) amends article 8 of the 2010 Order with the effect that the offices, ranks or positions specified in Parts 1A and 1B of the Schedule include those individuals holding more senior offices, ranks or positions.

Paragraph (6) makes four minor changes to Part 1 of the Schedule to the 2010 Order which either reflect changes in certain bodies in Part 1 or where other bodies wished to make the individuals holding offices, ranks or positions designated in Part 1 consistent with those to be designated in Part 1A and 1B of the Schedule in relation to section 29B authorisations.

Paragraph (7) amends Part 1A of the Schedule to the 2010 Order to insert a new column (5) which specifies the available grounds set out in section 29B(5) for authorisations to be granted by those holding the offices, ranks or positions which are prescribed in that Part for the purposes of section 30(1) of the 2000 Act.

Paragraph (8) inserts Part 1B into the Schedule to the 2010 Order which specifies the individuals holding offices, ranks or positions in those bodies specified in Schedule A1 to the 2000 Act (which was inserted by the 2021 Act) and the corresponding grounds in section 29B(5) for the purposes of which those holding those offices may grant a section 29B authorisation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.