ch2300c06a
01-08-00 21:43:34
c. 23
34
ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
(2) A person shall not grant an authorisation for the conduct or the use
of a covert human intelligence source unless he believes—
(a) that the authorisation is necessary on grounds falling within
subsection (3);
(b) that the authorised conduct or use is proportionate to what is
sought to be achieved by that conduct or use; and
(c) that arrangements exist for the source’s case that satisfy the
requirements of subsection (5) and such other requirements as
may be imposed by order made by the Secretary of State.
(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 conduct
or the use of a covert human intelligence source is any conduct that—
(a) is comprised in any such activities involving conduct of a covert
human intelligence source, or the use of a covert human
intelligence source, as are specified or described in the
authorisation;
(b) consists in conduct by or in relation to the person who is so
specified or described as the person to whose actions as a covert
human intelligence source the authorisation relates; and
(c) is carried out for the purposes of, or in connection with, the
investigation or operation so specified or described.
(5) For the purposes of this Part there are arrangements for the
source’s case that satisfy the requirements of this subsection if such
arrangements are in force as are necessary for ensuring—
(a) that there will at all times be a person holding an office, rank or
position with the relevant investigating authority who will have
day-to-day responsibility for dealing with the source on behalf
of that authority, and for the source’s security and welfare;
(b) that there will at all times be another person holding an office,
rank or position with the relevant investigating authority who
will have general oversight of the use made of the source;
(c) that there will at all times be a person holding an office, rank or
position with the relevant investigating authority who will have
responsibility for maintaining a record of the use made of the
source;