The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) (Wales) Order 2018

Welsh Statutory Instruments

2018 No. 197 (W. 46)

Investigatory Powers, Wales

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) (Wales) Order 2018

Made

20 February 2018

Laid before the National Assembly for Wales

21 February 2018

Coming into force

1 April 2018

The Welsh Ministers make the following Order in exercise of the powers conferred on them by section 30(1) and (6A) of the Regulation of Investigatory Powers Act 2000(1).

Title and commencement

1.—(1) The title of this Order is the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) (Wales) Order 2018.

(2) This Order comes into force on 1 April 2018.

Amendment of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

2.  In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligences Sources) Order 2010(2) (offices etc. and restrictions in respect of public authorities specified in Part 1 of Schedule 1 to the Act), after the entry for “The Welsh Assembly Government”(3) insert—

“The Welsh Revenue Authority

Grade 7 or equivalent

—

Paragraphs (b) and (f)”.

Mark Drakeford

Cabinet Secretary for Finance, one of the Welsh Ministers

20 February 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made by the Welsh Ministers and makes amendment to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (“the Principal Order”).

Article 2 of this Order amends the Principal Order by inserting an entry into Part 1 of the Schedule to the Principal Order in relation to the Welsh Revenue Authority (“WRA”). This is to prescribe the rank of those within WRA who can authorise activity for the purposes of sections 28 and 29 of the Regulation of Investigatory Powers Act 2000.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2000 c. 23. Section 30 was amended by section 187 of the Tax Collection and Management (Wales) Act 2016 (anaw 6). As a result of this amendment the power in subsection 30(1) is exercisable by the Welsh Ministers for the purposes of prescribing persons exercising Welsh Revenue Authority functions of such description or holding such offices, ranks or positions as may be prescribed.

(2)

S.I. 2010/521, to which there are amendments but none are relevant.

(3)

Modified by the Wales Act 2014 (c. 29), section 4(4)(a) so that it is to be read as “The Welsh Government”.