Covert Human Intelligence Sources (Criminal Conduct) Act 2021

Oversight by the Investigatory Powers Commissioner

7 Oversight by the Investigatory Powers Commissioner

(1) The Investigatory Powers Act 2016 is amended as follows.

(2) In section 229 (main oversight functions), after subsection (4), insert—

“(4A) In keeping matters under review in accordance with subsection (3)(e), the Investigatory Powers Commissioner must, in particular, keep under review the exercise of the power to grant or renew authorisations under section 29B of the Regulation of Investigatory Powers Act 2000.

(4B) In keeping under review the exercise of the power mentioned in subsection (4A), the Investigatory Powers Commissioner must, in particular, keep under review whether public authorities are complying with any requirements imposed on them by virtue of Part 2 of the Regulation of Investigatory Powers Act 2000 in relation to juvenile criminal conduct authorisations and vulnerable adult criminal conduct authorisations.

(4C) For the purposes of subsection (4B)—

(a) “a juvenile criminal conduct authorisation” is an authorisation under section 29B of the Regulation of Investigatory Powers Act 2000 where the covert human intelligence source to whom the authorisation relates is under the age of 18; and

(b) “a vulnerable adult criminal conduct authorisation” is an authorisation under section 29B of the Regulation of Investigatory Powers Act 2000 where the covert human intelligence source to whom the authorisation relates is a vulnerable adult within the meaning of section 29D(3) of that Act.”

(3) In section 234 (annual and other reports of the Investigatory Powers Commissioner), in subsection (2), after paragraph (b) insert—

“(ba) information about the use of the power to grant or renew authorisations under section 29B of the Regulation of Investigatory Powers Act 2000,”.