Regulation of Investigatory Powers Act 2000 (c. 23)

Part II U.K. Surveillance and covert human intelligence sources

Modifications etc. (not altering text)

C1 Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3

Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)

C2 Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))

C3 Pt. 2: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(a) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

[F1 Authorisations requiring judicial approval [F2 or notification]] U.K.

Textual Amendments

F1 Ss. 32A, 32B and cross-heading inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 38(1), 120 (with s. 97); S.I. 2012/2075, art. 4(b) (with art. 6)

F2 Words in s. 32A cross-heading inserted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 3; S.I. 2021/605, reg. 2(a)(b)(c)

[F3 32C Notification of criminal conduct authorisations U.K.

(1) This section applies where a person grants or cancels an authorisation under section 29B.

(2) The person must give notice that the person has granted or cancelled the authorisation to a Judicial Commissioner.

(3) A notice given for the purposes of subsection (2) must be given—

(a) in writing as soon as reasonably practicable and, in any event, before the end of the period of 7 days beginning with the day after that on which the authorisation to which it relates is granted or, as the case may be, cancelled; and

(b) in accordance with such arrangements made for the purposes of this paragraph by the Investigatory Powers Commissioner as are for the time being in force.

(4) A notice under this section relating to the grant of an authorisation under section 29B must—

(a) set out the grounds on which the person giving the notice believes that the requirements of section 29B(4) are satisfied in relation to the authorisation; and

(b) specify the conduct that is authorised under section 29B by the authorisation.

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

Textual Amendments

F3 S. 32C inserted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 6, 9(2); S.I. 2021/605, reg. 2(a)(b)(c)