ch2300c09a
01-08-00 21:43:36
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
49
Part II
Grant, renewal and duration of authorisations
43.—(1) An authorisation under this Part—
(a) may be granted or renewed orally in any urgent case in which the
entitlement to act of the person granting or renewing it is not
confined to urgent cases; and
(b) in any other case, must be in writing.
(2) A single authorisation may combine two or more different
authorisations under this Part; but the provisions of this Act that are
applicable in the case of each of the authorisations shall apply separately
in relation to the part of the combined authorisation to which they are
applicable.
(3) Subject to subsections (4) and (8), an authorisation under this Part
shall cease to have effect at the end of the following period—
(a) in the case of an authorisation which—
(i) has not been renewed and was granted either orally or
by a person whose entitlement to act is confined to urgent
cases, or
(ii) was last renewed either orally or by such a person,
the period of seventy-two hours beginning with the time when
the grant of the authorisation or, as the case may be, its latest
renewal takes effect;
(b) in a case not falling within paragraph (a) in which the
authorisation is for the conduct or the use of a covert human
intelligence source, the period of twelve months beginning with
the day on which the grant of the authorisation or, as the case
may be, its latest renewal takes effect; and
(c) in any case not falling within paragraph (a) or (b), the period of
three months beginning with the day on which the grant of the
authorisation or, as the case may be, its latest renewal takes
effect.
(4) Subject to subsection (6), an authorisation under this Part may be
renewed, at any time before the time at which it ceases to have effect, by
any person who would be entitled to grant a new authorisation in the
same terms.
(5) Sections 28 to 41 shall have effect in relation to the renewal of an
authorisation under this Part as if references to the grant of an
authorisation included references to its renewal.
(6) A person shall not renew an authorisation for the conduct or the
use of a covert human intelligence source, unless he—
(a) is satisfied that a review has been carried out of the matters
mentioned in subsection (7); and
(b) has, for the purpose of deciding whether he should renew the
authorisation, considered the results of that review.
(7) The matters mentioned in subsection (6) are—
(a) the use made of the source in the period since the grant or, as the
case may be, latest renewal of the authorisation; and
(b) the tasks given to the source during that period and the
information obtained from the conduct or the use of the source.
General rules
about grant,
renewal and
duration.