Statutory Instrument 2000 No. 2725

      The Regulation of Investigatory Powers (Source Records) Regulations 2000


      © Crown Copyright 2000

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STATUTORY INSTRUMENTS


2000 No. 2725

INVESTIGATORY POWERS

The Regulation of Investigatory Powers (Source Records) Regulations 2000

  Made 4th October 2000 
  Laid before Parliament 10th October 2000 
  Coming into force 1st November 2000 

The Secretary of State, in exercise of the powers conferred on him by section 29(5)(d) of the Regulation of Investigatory Powers Act 2000[1], hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Regulation of Investigatory Powers (Source Records) Regulations 2000 and shall come into force on 1st November 2000.

Interpretation
    
2. In these Regulations - 

    "the 2000 Act" means the Regulation of Investigatory Powers Act 2000;

    "relevant investigating authority" has the meaning given by section 29(8) of the 2000 Act, but the qualification in section 29(9) does not apply;

    "source" means a covert human intelligence source; and

    "undercover operative" means a source who holds an office, rank or position with a relevant investigating authority.

Particulars to be contained in records
    
3. The following matters are specified for the purposes of paragraph (d) of section 29(5) of the 2000 Act (as being matters particulars of which must be included in the records relating to each source):


Charles Clarke
Minister of State

Home Office
4th October 2000



EXPLANATORY NOTE

(This note is not part of the Regulations)


Under section 29(2)(c) of the Regulation of Investigatory Powers Act 2000 a person may not grant an authorisation for the conduct or use of a covert human intelligence source unless he believes that arrangements exist that satisfy the requirements of section 29(5). For example, the arrangements must be adequate to ensure that the records relating to the source contain particulars of certain matters. Those matters are specified in these Regulations.

In some cases, the activities of the source will be for the benefit of more than one public authority. By virtue of section 29(9), the records relating to the source must be kept by one of those authorities. The matters specified in the Regulations, however, relate to the source's contact with each of them.


Notes:

[1] 2000 c. 23.back



ISBN 0 11 099982 7


 

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Prepared 10 October 2000