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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
“residential premises” means (subject to subsection (7)(b)) so much
of any premises as is for the time being occupied or used by any
person, however temporarily, for residential purposes or
otherwise as living accommodation (including hotel or prison
accommodation that is so occupied or used);
“senior authorising officer” means a person who by virtue of
subsection (6) of section 32 is a senior authorising officer for the
purposes of that section;
“surveillance” shall be construed in accordance with subsections (2)
to (4);
“surveillance device” means any apparatus designed or adapted for
use in surveillance.
(2) Subject to subsection (3), in this Part “surveillance” includes—
(a) monitoring, observing or listening to persons, their movements,
their conversations or their other activities or communications;
(b) recording anything monitored, observed or listened to in the
course of surveillance; and
(c) surveillance by or with the assistance of a surveillance device.
1994 c. 13.
1997 c. 50.
(3) References in this Part to surveillance do not include references
to—
(a) any conduct of a covert human intelligence source for obtaining
or recording (whether or not using a surveillance device) any
information which is disclosed in the presence of the source;
(b) the use of a covert human intelligence source for so obtaining or
recording information; or
(c) any such entry on or interference with property or with wireless
telegraphy as would be unlawful unless authorised under—
(i) section 5 of the Intelligence Services Act 1994 (warrants
for the intelligence services); or
(ii) Part III of the Police Act 1997 (powers of the police and
of customs officers).
(4) References in this Part to surveillance include references to the
interception of a communication in the course of its transmission by
means of a postal service or telecommunication system if, and only if—
(a) the communication is one sent by or intended for a person who
has consented to the interception of communications sent by or
to him; and
(b) there is no interception warrant authorising the interception.
(5) References in this Part to an individual holding an office or position
with a public authority include references to any member, official or
employee of that authority.
(6) For the purposes of this Part the activities of a covert human
intelligence source which are to be taken as activities for the benefit of a
particular public authority include any conduct of his as such a source
which is in response to inducements or requests made by or on behalf of
that authority.
(7) In subsection (1)—