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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
31
Part II
(2) Subject to subsection (6), surveillance is directed for the purposes
of this Part if it is covert but not intrusive and is undertaken—
(a) for the purposes of a specific investigation or a specific operation;
(b) in such a manner as is likely to result in the obtaining of private
information about a person (whether or not one specifically
identified for the purposes of the investigation or operation);
and
(c) otherwise than by way of an immediate response to events or
circumstances the nature of which is such that it would not be
reasonably practicable for an authorisation under this Part to
be sought for the carrying out of the surveillance.
(3) Subject to subsections (4) to (6), surveillance is intrusive for the
purposes of this Part if, and only if, it is covert surveillance that—
(a) is carried out in relation to anything taking place on any
residential premises or in any private vehicle; and
(b) involves the presence of an individual on the premises or in the
vehicle or is carried out by means of a surveillance device.
(4) For the purposes of this Part surveillance is not intrusive to the
extent that—
(a) it is carried out by means only of a surveillance device designed
or adapted principally for the purpose of providing information
about the location of a vehicle; or
(b) it is surveillance consisting in any such interception of a
communication as falls within section 48(4).
(5) For the purposes of this Part surveillance which—
(a) is carried out by means of a surveillance device in relation to
anything taking place on any residential premises or in any
private vehicle, but
(b) is carried out without that device being present on the premises
or in the vehicle,
is not intrusive unless the device is such that it consistently provides
information of the same quality and detail as might be expected to be
obtained from a device actually present on the premises or in the vehicle.
(6) For the purposes of this Part surveillance which—
(a) is carried out by means of apparatus designed or adapted for the
purpose of detecting the installation or use in any residential or
other premises of a television receiver (within the meaning of
1949 c. 54.
section 1 of the Wireless Telegraphy Act 1949), and
(b) is carried out from outside those premises exclusively for that
purpose,
is neither directed nor intrusive.
(7) In this Part—
(a) references to the conduct of a covert human intelligence source
are references to any conduct of such a source which falls within
any of paragraphs (a) to (c) of subsection (8), or is incidental to
anything falling within any of those paragraphs; and