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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
33
Part II
(3) The conduct that may be authorised under this Part includes
conduct outside the United Kingdom.
(4) In this section “relevant enactment” means—
(a) an enactment contained in this Act;
(b) section 5 of the Intelligence Services Act 1994 (warrants for the 1994 c. 13.
intelligence services); or
(c) an enactment contained in Part III of the Police Act 1997 1997 c. 50.
(powers of the police and of customs officers).
28.—(1) Subject to the following provisions of this Part, the persons Authorisation of
designated for the purposes of this section shall each have power to grant directed
surveillance.
authorisations for the carrying out of directed surveillance.
(2) A person shall not grant an authorisation for the carrying out of
directed surveillance unless he believes—
(a) that the authorisation is necessary on grounds falling within
subsection (3); and
(b) that the authorised surveillance is proportionate to what is
sought to be achieved by carrying it out.
(3) An authorisation is necessary on grounds falling within this
subsection if it is necessary—
(a) in the interests of national security;
(b) for the purpose of preventing or detecting crime or of preventing
disorder;
(c) in the interests of the economic well-being of the United
Kingdom;
(d) in the interests of public safety;
(e) for the purpose of protecting public health;
(f) for the purpose of assessing or collecting any tax, duty, levy or
other imposition, contribution or charge payable to a
government department; or
(g) for any purpose (not falling within paragraphs (a) to (f)) which
is specified for the purposes of this subsection by an order made
by the Secretary of State.
(4) The conduct that is authorised by an authorisation for the carrying
out of directed surveillance is any conduct that—
(a) consists in the carrying out of directed surveillance of any such
description as is specified in the authorisation; and
(b) is carried out in the circumstances described in the authorisation
and for the purposes of the investigation or operation specified
or described in the authorisation.
(5) The Secretary of State shall not make an order under subsection
(3)(g) unless a draft of the order has been laid before Parliament and
approved by a resolution of each House.
29.—(1) Subject to the following provisions of this Part, the persons
designated for the purposes of this section shall each have power to grant
authorisations for the conduct or the use of a covert human intelligence
source.
Authorisation of
covert human
intelligence
sources.