The Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014

Approval required for grant or renewal of authorisations

5.—(1) If a Commissioner receives a notice under article 4(1), that Commissioner must, as soon as reasonably practicable, decide whether or not to approve the grant or renewal of the authorisation to which the notice relates.

(2) A Commissioner must—

(a) approve the grant or renewal of the authorisation only if satisfied that there are reasonable grounds for believing that—

(i) the requirements of section 7(2) of the Act are satisfied; and

(ii) the authorisation is necessary for the purpose of preventing or detecting serious crime; and

(b) give notice in writing of the Commissioner’s decision to the person who gave notice under article 4(1) as soon as reasonably practicable after making that decision.

(3) If a Commissioner decides not to approve the grant or renewal of an authorisation under paragraph (1), that Commissioner must give reasons in writing for that decision to the person who gave notice under article 4(1).

(4) An authorisation for conduct to which this Part applies must not be granted or renewed unless—

(a) it has been approved in accordance with this article by a Commissioner; and

(b) notice of that Commissioner’s approval has been given in accordance with paragraph (2)(b).