ch2300c06a
01-08-00 21:43:34
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
35
Part II
(d) that the records relating to the source that are maintained by the
relevant investigating authority will always contain particulars
of all such matters (if any) as may be specified for the purposes
of this paragraph in regulations made by the Secretary of
State; and
(e) that records maintained by the relevant investigating authority
that disclose the identity of the source will not be available to
persons except to the extent that there is a need for access to
them to be made available to those persons.
(6) 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.
(7) The Secretary of State may by order—
(a) prohibit the authorisation under this section of any such conduct
or uses of covert human intelligence sources as may be described
in the order; and
(b) impose requirements, in addition to those provided for by
subsection (2), that must be satisfied before an authorisation is
granted under this section for any such conduct or uses of covert
human intelligence sources as may be so described.
(8) In this section “relevant investigating authority”, in relation to an
authorisation for the conduct or the use of an individual as a covert
human intelligence source, means (subject to subsection (9)) the public
authority for whose benefit the activities of that individual as such a
source are to take place.
(9) In the case of any authorisation for the conduct or the use of a
covert human intelligence source whose activities are to be for the benefit
of more than one public authority, the references in subsection (5) to the
relevant investigating authority are references to one of them (whether or
not the same one in the case of each reference).
30.—(1) Subject to subsection (3), the persons designated for the
purposes of sections 28 and 29 are the individuals holding such offices,
ranks or positions with relevant public authorities as are prescribed for
the purposes of this subsection by an order under this section.
(2) For the purposes of the grant of an authorisation that combines—
(a) an authorisation under section 28 or 29, and
(b) an authorisation by the Secretary of State for the carrying out of
intrusive surveillance,
the Secretary of State himself shall be a person designated for the
purposes of that section.
(3) An order under this section may impose restrictions—
(a) on the authorisations under sections 28 and 29 that may be
granted by any individual holding an office, rank or position
with a specified public authority; and
(b) on the circumstances in which, or the purposes for which, such
authorisations may be granted by any such individual.
(4) A public authority is a relevant public authority for the purposes
of this section—
Persons entitled to
grant
authorisations
under ss. 28 and
29.