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Covert Human Intelligence Sources (Criminal Conduct) Act 2021

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This is the original version (as it was originally enacted).

4Authorities to be capable of authorising criminal conduct

This section has no associated Explanatory Notes

(1)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).

(2)In the heading, for “and 29” substitute “, 29 and 29B”.

(3)In subsection (1), for “and 29” substitute “, 29 and 29B”.

(4)In subsection (2)(a), for “or 29” substitute “, 29 or 29B”.

(5)In subsection (3)(a), for “and 29” substitute “, 29 and 29B”.

(6)In subsection (4)—

(a)in paragraph (a), for “I or II” substitute “A1, 1 or 2”;

(b)omit the “and” at the end of paragraph (a);

(c)in paragraph (b), for “I” substitute “A1 or 1”;

(d)at the end of paragraph (b) insert “; and

(c)in relation to section 29B if it is specified in Part A1 of that Schedule”.

(7)In subsection (5)—

(a)in paragraph (a), for “I or II” substitute “A1, 1 or 2”;

(b)in paragraph (c), for “the other” substitute “another”.

(8)In subsection (7)—

(a)in paragraph (a), for “I or II” substitute “A1, 1 or 2”;

(b)in paragraph (b), for the words from “from” to the end of that paragraph substitute “from—

(i)Part 1 or 2 to Part A1 of that Schedule, or

(ii)Part 2 to Part 1 of that Schedule,”.

(9)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—

“PART A1Relevant authorities for the purposes of ss. 28, 29 and 29B

Police forces etc

A1Any police force.

B1The National Crime Agency.

C1The Serious Fraud Office.

The intelligence services

D1Any of the intelligence services.

The armed forces

E1Any of Her Majesty’s forces.

Revenue and Customs

F1Her Majesty’s Revenue and Customs.

Government departments

G1The Department of Health and Social Care.

H1The Home Office.

I1The Ministry of Justice.

Other bodies

J1The Competition and Markets Authority.

K1The Environment Agency.

L1The Financial Conduct Authority.

M1The Food Standards Agency.

N1The Gambling Commission.”

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