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ACT
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RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part V
(9) No regulations shall be made under subsection (4)(g) unless a
draft of them has first been laid before Parliament and approved by
a resolution of each House.
(10) For the purposes of this section the question whether
conduct is capable of being authorised under Chapter II of Part I of
the Regulation of Investigatory Powers Act 2000 or under Part II of
that Act shall be determined without reference—
(a) to whether the person whose conduct it is is a person on
whom any power or duty is or may be conferred or
imposed by or under Chapter II of Part I or Part II of that
Act; or
(b) to whether there are grounds for believing that the
requirements for the grant of an authorisation or the
giving of a notice under Chapter II of Part I or Part II of
that Act are satisfied.
(11) References in this section to a separate authority for the
purposes of this section are references to any authority for the
purposes of this section given otherwise than by way of the issue or
renewal of a warrant, authorisation or notice under Part I or II of
the Regulation of Investigatory Powers Act 2000.
(12) In this section ‘designated person’ means—
(a) the Secretary of State;
(b) the Commissioners of Customs and Excise; or
(c) any other person designated for the purposes of this section
by regulations made by the Secretary of State.”
(4) In section 16(2) of that Act (regulations and orders), after “the said
powers” there shall be inserted “, other than one containing regulations
a draft of which has been approved for the purposes of section 5(9),”.
Warrants under
the Intelligence
Services Act 1994.
1994 c. 13.
74.—(1) In subsection (2) of section 5 of the Intelligence Services Act
1994 (the circumstances in which the Secretary of State may issue a
warrant authorising interference with property or wireless telegraphy)—
(a) in paragraph (a), for “on the ground that it is likely to be of
substantial value in” there shall be substituted “for the purpose
of”; and
(b) for paragraph (b) there shall be substituted—
“(b) is satisfied that the taking of the action is proportionate to
what the action seeks to achieve;”.
(2) After that subsection, there shall be inserted—
“(2A) The matters to be taken into account in considering
whether the requirements of subsection (2)(a) and (b) are satisfied in
the case of any warrant shall include whether what it is thought
necessary to achieve by the conduct authorised by the warrant could
reasonably be achieved by other means.”
(3) In each of sections 6(1)(b) and 7(5)(b) of that Act (warrants issued
under the hand of a senior official of the Secretary of State’s department),
the words “of his department” shall be omitted.
(4) In section 11 of that Act (interpretation), for paragraph (1)(d) there
shall be substituted—