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The Criminal Justice (European Investigation Order) Regulations 2017

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Amendment of the Regulation of Investigatory Powers Act 2000

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5.—(1) The Regulation of Investigatory Powers Act 2000(1) is amended as follows.

(2) In section 1 (unlawful interception)—

(a)in subsection (4), after “assistance” where it appears after paragraph (c), insert “in connection with, or in the form of, the interception of communications”;

(b)after subsection (4) (as amended by paragraph (a) above), insert—

“(4A) The Secretary of State must also secure that a request for assistance to which subsection (4B) applies is made only with lawful authority.

(4B) This subsection applies to a request for assistance on behalf of a person in the United Kingdom to the competent authorities of a country or territory outside the United Kingdom where—

(a)the assistance is in connection with, or in form of, the interception of communications, and

(b)the request is made in accordance with Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.”.

(3) In section 20, at the end of the definition of “international mutual assistance agreement”, insert “or Directive 2014/41/EU of the European Parliament and of the Council”.

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