Draft Order laid before the Scottish Parliament under section 24(9) of the Regulation of Investigatory Powers (Scotland) Act 2000 for approval by resolution of the Scottish Parliament.

2018 No.

Investigatory Powers

The Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 2018

Made2018

Coming into force28th February 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by section 24(5) of the Regulation of Investigatory Powers (Scotland) Act 20001 (“the Act”) and all other powers enabling them to do so.

The Scottish Ministers have:

under section 24(7) of the Act, revised the code of practice relating to covert human intelligence sources issued under the Act;

prepared and published a draft of the revised code of practice and considered any representations made to them about that draft in accordance with sections 24(3) and 24(8) of the Act; and

laid that draft revised code of practice before the Scottish Parliament in accordance with sections 24(4) and section 24(8) of the Act.

In accordance with section 24(9) of the Act2, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

This Order may be cited as the Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 2018 and comes into force on 28th February 2018.

Revised code of practice – Covert Human Intelligence Sources2

1

This article applies to the code of practice entitled “Covert Human Intelligence Sources” which—

a

relates to the exercise and performance of powers and duties conferred and imposed by and under the Regulation of Investigatory Powers (Scotland) Act 2000 in relation to the use of covert human intelligence sources; and

b

was issued by the Scottish Ministers on 11th December 2017.

2

The code of practice comes into force on 28th February 2018.

Revocation3

The Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 20153 is revoked.

NameA member of the Scottish GovernmentSt Andrew’s House,EdinburghDate

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the revised code of practice issued under section 24 of the Regulation of Investigatory Powers (Scotland) Act 2000 relating to the conduct and use of covert human intelligence sources authorised under that Act. A person carrying out a function to which the code applies must, in doing so, have regard to the provisions of the code to the extent that they are applicable.

The revised code of practice replaces the code of practice on covert human intelligence sources issued by the Scottish Ministers on 28th November 2014 and brought into force on 2nd February 2015.