UK Parliament
The Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Commencement and Transitional Provisions) Regulations 2021 - 21 May 2021
These Regulations, made on 19 May 2021, bring into force the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (the Act) relating to the authorisation of criminal conduct by or in relation to a covert human intelligence source.
The Act amends Part 2 of the Regulation of Investigatory Powers Act 2000 (RIPA) to provide a statutory power for the intelligence services, law enforcement and certain other specified public authorities, including the FCA and the Competition and Markets Authority (CMA), to authorise criminal conduct by or in relation to a covert human intelligence source. A criminal conduct authorisation may only be granted if it is believed that the authorisation is necessary on certain specified grounds and the authorised conduct is proportionate to what is sought to be achieved.
The Regulations bring in the relevant provisions of the Act for: (i) intelligence services, on 10 August 2021; (ii) police forces, on 15 September 2021; and (iii) all other public authorities, including the FCA and the CMA, on 30 September 2021.
The Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Commencement and Transitional Provisions) Regulations 2021
Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (SI 2021/601) - 25 May 2021
The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (SI 2021/601) has been made and comes into force on 10 August 2021. The Order makes amendments to certain orders and regulations made under the Regulation of Investigatory Powers Act 2000 (RIPA), and reflects changes made to the authorisation of covert human intelligence sources (CHIS) participation in criminal conduct by the CHIS (Criminal Conduct) Act 2021 (CHIS(CC)A) to RIPA. Amendments are made to the following statutory instruments:
- the Regulation of Investigatory Powers (Source Records) Regulations 2000 (SI 2000/2725), to provide record-keeping requirements for criminal conduct authorisations granted under the CHIS(CC)A;
- the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010 (SI 2010/123), to, among other things, apply the enhanced safeguards already in place for CHIS use; and
- the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (SI 2010/521), to designate the rank of the person able to grant an authorisation within a public authority, including the FCA, and the statutory grounds upon which an authorisation can be granted by that public authority.
The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021 (SI 2021/601)
Explanatory memorandum
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