The Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Commencement and Transitional Provisions) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4) (“the 2021 Act”) relating to the authorisation of criminal conduct by or in relation to a covert human intelligence source.

The 2021 Act amends Part 2 of the Regulation of Investigatory Powers Act 2000 (c. 23) (“RIPA”) to provide a statutory power for the intelligence services, law enforcement and certain other specified public authorities to authorise criminal conduct by or in relation to a covert human intelligence source. A criminal conduct authorisation may only be granted if it is believed that the authorisation is necessary on certain specified grounds and the authorised conduct is proportionate to what is sought to be achieved.

Regulation 2 brings into force provisions of the 2021 Act for the intelligence services on 10th August 2021, for police forces on 15th September 2021, and for all other relevant public authorities on 30th September 2021.

Prior to the amendments made by the 2021 Act, authorisations under section 29 of RIPA may authorise criminal conduct by or in relation to a covert human intelligence source in very limited circumstances. Section 1(4) of the 2021 Act inserts section 29(6ZA) into RIPA, which provides that authorisations under section 29 may not authorise any criminal conduct. Regulation 3 provides that the section 29(6ZA) restriction does not apply to authorisations in force at the point of commencement. A full impact assessment has not been produced for the instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.