PART 1General

Citation and commencement1.

This Order may be cited as the Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014 and comes into force on 2nd February 2015.

Annotations:
Commencement Information

I1Art. 1 in force at 2.2.2015, see art. 1

Interpretation2.

In this Order—

Commissioner” means F1a Judicial Commissioner;

“communications subject to legal privilege” means—

(a)

communications between a professional legal adviser and that adviser’s client; or

(b)

communications made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to the confidentiality of communications;

“long term authorisation” has the meaning given by article 8;

“private information” has the meaning given by section 1(9) of the Act;

“relevant source” means a source holding an office, rank or position with—

(a)

the Police Service of Scotland;

(b)

a police force maintained under section 2 of the Police Act 19962;

(c)

the metropolitan police force;

(d)

the City of London police force;

(e)

the Police Service of Northern Ireland;

(f)

the National Crime Agency;

(g)

the Ministry of Defence Police;

(h)

F2the tri-service serious crime unit;

(i)

the British Transport Police Force;

(j)

the Royal Navy Police; or

(k)

the Royal Military Police;

“source” means a covert human intelligence source;

“the 2010 Order” means the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 20103;

the Act” means the Regulation of Investigatory Powers (Scotland) Act 2000; and

F3tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

“writing” includes electronic communications within the meaning given by section 15 of the Electronic Communications Act 20004.