C1C2Part II Surveillance and covert human intelligence sources
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))
Authorisation of surveillance and human intelligence sources
27 Lawful surveillance etc.
1
Conduct to which this Part applies shall be lawful for all purposes if—
a
an authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; and
b
his conduct is in accordance with the authorisation.
2
A person shall not be subject to any civil liability in respect of any conduct of his which—
a
is incidental to any conduct that is lawful by virtue of subsection (1); and
b
is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.
3
The conduct that may be authorised under this Part includes conduct outside the United Kingdom.
4
In this section “relevant enactment” means—
a
an enactment contained in this Act;
b
section 5 of the M1Intelligence Services Act 1994 (warrants for the intelligence services); or
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)