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

Made: 25th February 2010

Coming into force: 6th April 2010

Accordingly, the Secretary of State makes the following Order—

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 and shall come into force on 6th April 2010.

• (2) In this Order “the Act” means the Regulation of Investigatory Powers Act 2000.

• (3) In this Order “relevant source” means a source holding an office, rank or position with one of the following—

• (a) a police force maintained under section 2 of the Police Act 1996,

• (b) the City of London Police Force,

• (c) the Metropolitan Police Force,

• (d) the Police Service of Northern Ireland,

• (e) the Police Service of Scotland,

• (f) the Ministry of Defence Police,

• (g) the Royal Navy Police,

• (h) the Royal Military Police,

• (i) the Royal Air Force Police,

• (j) the British Transport Police,

• (k) the National Crime Agency,

• (l) Her Majesty’s Revenue and Customs, or

• (m) the Home Office;

• “section 29 authorisation” means an authorisation for the conduct or the use of a source under section 29 of the Act;

• “source” means covert human intelligence source.

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

Amendment of Parts 1 and 2 of Schedule 1 to the Act

2

• (1) Schedule 1 to the Act (relevant public authorities) is amended as follows.

• (2) In Part 1 (relevant public authorities for the purposes of sections 28 and 29) omit—

• (a) paragraph 4A (the force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847[^f00002] on the nomination of the Dover Harbour Board)[^f00003],

• (b) paragraph 10 (the Ministry of Defence),

• (c) paragraph 15B (the Department for Work and Pensions)[^f00004],

• (d) paragraph 20D (the Postal Services Commission)[^f00005], and

• (e) paragraph 23 (a universal service provider (within the meaning of the Postal Services Act 2000[^f00006]) acting in connection with the provision of a universal postal service (within the meaning of that Act))[^f00007].

• (3) In that Part, for paragraph 17A (any fire authority within the meaning of the Fire Services Act 1947)[^f00008] substitute—

(17A) Any fire and rescue authority under the Fire and Rescue Services Act 2004[^f00009].

• (4) In that Part, after paragraph 20F[^f00010] insert—

(20G) The Health and Safety Executive.

• (5) In Part 2 (relevant public authorities for the purposes only of section 28) omit paragraph 24 (the Health and Safety Executive).

• (6) In that Part, after paragraph 28 insert—

(28A) The Child Maintenance and Enforcement Commission. (28B) The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board. (28C) The Department for Work and Pensions. (28D) The Postal Services Commission (28E) A universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act).

Prescribed offices, ranks and position with relevant public authorities

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• (1) The Schedule to this Order has effect.

• (1A) Part 1 to the Schedule has effect subject to Part 1A.

• (2) Subject to the restrictions in articles 5 to 7A, the offices, ranks and positions listed in the entries in—

• (a) column (2) of Part 1 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of sections 28 and 29 of the Act), ...

• (aa) column (2) of Part 1A of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29 of the Act in relation to the authorisation of relevant sources), ...

• (ab) column (2) of Part 1B of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29B of the Act), and

• (b) column (2) of Part 2 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 28 of the Act only),

are prescribed for the purposes of section 30(1) of the Act.

• (3) Where an office, rank or position with a relevant public authority is prescribed by virtue of article 3(2), all more senior offices, ranks or positions with that authority are also prescribed for the purpose of section 30(1) of the 2000 Act, subject to article 8.

• (4) Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (3) to all more senior offices, ranks or positions with that authority is a reference to all more senior offices, ranks or positions with that agency, unit, branch, division or part.

• (5) In the entry for the Department for Transport in Part 1 of the Schedule—

• (a) “former Driving Standards Agency function” means a function of the Driving Standards Agency immediately before 1st April 2014; and

• (b) “former Vehicle and Operator Services Agency function” means a function of the Vehicle and Operator Services Agency immediately before 1st April 2014.

Additional offices, ranks and positions prescribed for urgent cases

4

• (1) Subject to the restrictions in articles 5 to 7A, the offices, ranks and positions listed in the entries in column (3) of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Schedule) are prescribed for the purposes of section 30(1) of the Act in the circumstances specified in paragraph (2).

• (2) An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation—

• (a) for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule;

• (b) for the purposes of section 29 or 29B in the case of an entry in Part 1A of the Schedule;

• (c) for the purposes of section 29B only in the case of an entry in Part 1B; or

• (d) for the purposes of section 28 only in the case of an entry in Part 2,

where is it not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule.

Restrictions on the granting of authorisations

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• (1) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Parts 1, 1A and 2 of the Schedule may not grant an authorisation unless that individual believes it is necessary for any of the grounds set out in paragraphs (a) to (f) of—

• (a) section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or

• (aa) section 29(3) of the Act in the case of an entry in Part 1A, or

• (b) section 28(3) of the Act in the case of an entry in Part 2,

which is listed in the corresponding entry in column (4) of the Schedule.

• (1A) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1A of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in the corresponding entry in column (5) of that Part.

• (1B) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1B of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in section 29B(5) of the Act which are listed in the corresponding entry in column (4) of that Part.

• (2) In column (4), a reference to a lettered paragraph is a reference to a paragraph identified by means of that letter in—

• (a) section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or

• (aa) section 29(3) or 29B(5) of the Act in the case of an entry in Part 1A, ...

• (ab) section 29B(5) of the Act in the case of an entry in Part 1B, or

• (b) section 28(3) of the Act in the case of an entry in Part 2.

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• (1) Where an entry in column (2) or (3) of Part 1 of the Schedule is headed by reference to an authorisation under section 28 or section 29, an authorisation may only be granted by the individual holding the office, rank or position listed in the entry under the section by which the entry is headed.

• (2) Such a heading in column (2) or (3) of Part 1 of the Schedule refers to section 28 or section 29, as the case may be, of the Act.

• (3) Where paragraph (1) applies, a reference to a paragraph in column (4) of Part 1 of the Schedule is to a paragraph in subsection (3) of the section specified in the heading.

7

An individual holding an office, rank or position with the Food Standards Agency may not grant an authorisation for conduct in Northern Ireland.

8

The restrictions on the granting of authorisations under sections 28, 29 and 29B that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of the Schedule to this Order shall also apply to individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 3(3).

Transitional arrangements

9

This Order does not affect the continued operation of the Orders mentioned in article 10 in relation to authorisations under section 28 or 29 of the Act granted before this Order comes into force.

Revocation

10

The following Orders are revoked to the extent indicated—

• (a) all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003[^f00011], except articles 1 to 3,

• (b) articles 4 and 5 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004[^f00012],

• (c) all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005[^f00013], except articles 1 and 2(1),

• (d) all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006[^f00014], except articles 1 and 2.

SCHEDULE — PRESCRIBED OFFICES ETC. IN RELEVANT PUBLIC AUTHORITIES AND RESTRICTIONS ON AUTHORISATIONS

PART 1 — OFFICES ETC. AND RESTRICTIONS IN RESPECT OF PUBLIC AUTHORITIES SPECIFIED IN PART 1 OF SCHEDULE 1 TO THE ACT