2018 No. 55

Investigatory Powers

The Regulation of Investigatory Powers (Equipment Interference – Code of Practice) (Scotland) Order 2018

Made

Coming into force

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 in accordance with:

a

section 24(3) of the Act prepared a draft code of practice relating to equipment interference issued under Part 5 of the Investigatory Powers Act 20162;

b

section 24(3) of the Act published that draft code of practice and considered any representations made to them about that draft; and

c

section 24(4) of the Act laid that draft code of practice before the Scottish Parliament.

In accordance with section 24(9) of the Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament3.

Citation and commencement1

This Order may be cited as the Regulation of Investigatory Powers (Equipment Interference – Code of Practice) (Scotland) Order 2018 and comes into force on 1st September 2018.

Code of practice – Equipment Interference2

1

This article applies to the code of practice entitled “Equipment Interference” which—

a

relates to the exercise and performance of powers and duties conferred and imposed on the Police Service and the Police Investigations and Review Commissioner by and under Part 5 of the Investigatory Powers Act 2016 in relation to equipment interference; and

b

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

2

The code of practice comes into force on 1st September 2018.

MICHAEL MATHESONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the code of practice issued under section 24 of the Regulation of Investigatory Powers (Scotland) Act 2000 in respect of the use of equipment interference under Part 5 of the Investigatory Powers Act 2016 by the Police Service and the Police Investigations and Review Commissioner. 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.