Covert Human Intelligence Sources (Criminal Conduct) Act 2021
Section 26 of the Regulation of Investigatory Powers Act 2000 (conduct to which Part 2 of that Act applies) is amended in accordance with subsections (2) and (3).
In subsection (1)—
omit the “and” at the end of paragraph (b);
at the end of paragraph (c) insert; and .
After subsection (8) insert—
In section 29 of that Act (authorisation of covert human intelligence sources), after subsection (6) insert—
After section 29A of that Act insert—
After section 29B of the Regulation of Investigatory Powers Act 2000 (inserted by section 1(5)) insert—
The Regulation of Investigatory Powers (Juveniles) Order 2000 (S.I. 2000/2793) is amended in accordance with subsections (3) to (8).
In article 2 (interpretation)—
in the definition of “relevant investigating authority”, after “authority”” insert “ , in relation to an authorisation under section 29 of the 2000 Act, ”;
after that definition insert—.
Before article 3 insert— “ Authorisations under section 29 of the 2000 Act ”.
In article 3 (sources under 16: prohibition), after “authorisation” insert “ under section 29 of the 2000 Act ”.
In article 5 (sources under 18: risk assessments etc.), after “An authorisation” insert “ under section 29 of the 2000 Act ”.
In article 6 (sources under 18: duration of authorisations), after “an authorisation” insert “ under section 29 of the 2000 Act ”.
After article 6 insert—
The amendments made by subsections (3) to (8) to the Regulation of Investigatory Powers (Juveniles) Order 2000 (S.I. 2000/2793) are to be treated as having been made under section 29B(4)(c) or (10) or section 43(8) of the Regulation of Investigatory Powers Act 2000 as the case may be (and may be amended or revoked under those powers accordingly).
After section 29C of the Regulation of Investigatory Powers Act 2000 (inserted by section 2) insert—
Section 30 of the Regulation of Investigatory Powers Act 2000 (persons entitled to grant authorisations under sections 28 and 29 of that Act) is amended in accordance with subsections (2) to (8).
In the heading, for “and 29” substitute “ , 29 and 29B ”.
In subsection (1), for “and 29” substitute “ , 29 and 29B ”.
In subsection (2)(a), for “or 29” substitute “ , 29 or 29B ”.
In subsection (3)(a), for “and 29” substitute “ , 29 and 29B ”.
In subsection (4)—
in paragraph (a), for “I or II” substitute “ A1, 1 or 2 ”;
omit the “and” at the end of paragraph (a);
in paragraph (b), for “I” substitute “ A1 or 1 ”;
at the end of paragraph (b) insert; and .
In subsection (5)—
in paragraph (a), for “I or II” substitute “ A1, 1 or 2 ”;
in paragraph (c), for “the other” substitute “ another ”.
In subsection (7)—
in paragraph (a), for “I or II” substitute “ A1, 1 or 2 ”;
in paragraph (b), for the words from “from” to the end of that paragraph substitutefrom— .
In Schedule 1 to that Act (relevant public authorities for the purposes of Part 2 of that Act), before Part 1 (relevant authorities for the purposes of sections 28 and 29 of that Act) insert—
After section 27 of the Regulation of Investigatory Powers Act 2000 (lawful surveillance etc.) insert—
After section 32B of the Regulation of Investigatory Powers Act 2000 insert—
The Investigatory Powers Act 2016 is amended as follows.
In section 229 (main oversight functions), after subsection (4), insert—
In section 234 (annual and other reports of the Investigatory Powers Commissioner), in subsection (2), after paragraph (b) insert—.
The Schedule contains consequential amendments.
This section and section 10 come into force on the day on which this Act is passed.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint; and different days may be appointed for different purposes or areas.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
The power to make regulations under subsection (3) includes power to make different provision for different purposes or areas.
Regulations under this section are to be made by statutory instrument.
Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.
This Act may be cited as the Covert Human Intelligence Sources (Criminal Conduct) Act 2021.
Section 8
The Regulation of Investigatory Powers Act 2000 is amended as follows.
Sub-paragraph (2) applies to— In section 22(1), regulation 3(1) or the appointment, references to functions conferred on Judicial Commissioners by— are to be read as including references to functions conferred on Judicial Commissioners by those Acts by virtue of amendments made by this Act.
In section 31 (orders under section 30 for Northern Ireland), in subsection (1), after “authorisations” insert “ under section 28 or 29 ”.
Part 1 of Schedule 1 (relevant authorities for the purposes of sections 28 and 29) is amended as follows. In the heading of the Part, after “purposes” insert “ only ”. Omit—
In the heading before section 32A (authorisations requiring judicial approval), after “approval” insert “ or notification ”.
In Schedule 12 to the Serious Crime Act 2007 (Revenue and Customs: regulation of investigatory powers), omit paragraph 28.
Section 33 (rules for grant of authorisations) is amended as follows. In subsection (1), for “or 29” substitute “ , 29 or 29B ”. In subsection (1ZB), for “or 29” substitute “ , 29 or 29B ”. In subsection (1ZC)(b), for “or 29” substitute “ , 29 or 29B ”. In subsection (1A), for “or 29” substitute “ , 29 or 29B ”. In subsection (2), for “or 29” substitute “ , 29 or 29B ”.
Section 33A (further provision about granting authorisations in cases where the National Crime Agency is party to a collaboration agreement) is amended as follows. In subsection (2), for “or 29” substitute “ , 29 or 29B ”. In subsection (3), for “or 29” substitute “ , 29 or 29B ”. In subsection (4), for “or 29” substitute “ , 29 or 29B ”.
Section 43 (general rules about grant, renewal and duration) is amended as follows. In subsection (3)(b), after “source” insert “ or is an authorisation under section 29B ”. In subsection (6), after “source” insert “ or an authorisation under section 29B ”.
Section 45 (cancellation of authorisations) is amended as follows. In subsection (1)— In subsection (2), for “either” substitute “ any ”. In subsection (3), for “either” substitute “ any ”.
In section 46 (restrictions on authorisations extending to Scotland)—
in subsection (2)(d), after “conduct of” insert “ or in relation to ”;
after subsection (4) insert—
In section 19 of the Police Reform Act 2002 (use of investigatory powers by or on behalf of the Director General), after subsection (4) insert—
In Schedule 16 to the Gambling Act 2005 (minor and consequential amendments), omit paragraph 14 and the italic heading before it.
The Crime and Courts Act 2013 is amended as follows.
In Schedule 1 (the National Crime Agency and its officers), in paragraph 6A, after sub-paragraph (3)(a)(ii) insert—.
In Schedule 8 (minor and consequential amendments and repeals), omit paragraph 99.