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Regulation of investigatory Powers Bill

This is the text of the Regulation of investigatory Powers Bill, as presented to the House of Commons on 9 February 2000.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Home Office, will be published separately as Bill 64- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Straw has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Regulation of Investigatory Powers Bill are compatible with the Convention rights.

 
  
Regulation of investigatory Powers Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
COMMUNICATIONS
CHAPTER I
INTERCEPTION
Unlawful and authorised interception
Clause 
1.Unlawful interception.
2.Meaning and location of "interception" etc.
3.Lawful interception without an interception warrant.
4.Power to provide for lawful interception.
5.Interception with a warrant.

Interception warrants
6.Application for issue of an interception warrant.
7.Issue of warrants.
8.Contents of warrants.
9.Duration, cancellation and renewal of warrants.
10.Modification of warrants and certificates.
11.Implementation of warrants.

Interception capability and costs
12.Maintenance of interception capability.
13.Grants for interception costs.

Restrictions on use of intercepted material etc.
14.General safeguards.
15.Extra safeguards in the case of certificated warrants.
16.Exclusion of matters from legal proceedings.
17.Exceptions to section 16.
18.Offence for unauthorised disclosures.

Interpretation of Chapter I
19.Interpretation of Chapter I.

CHAPTER II
ACQUISITION AND DISCLOSURE OF COMMUNICATIONS DATA
20.Lawful acquisition and disclosure of communications data.
21.Obtaining and disclosing communications data.
22.Form and duration of authorisations and notices.
23.Arrangements for payments.
24.Interpretation of Chapter II.

PART II
SURVEILLANCE AND COVERT HUMAN INTELLIGENCE SOURCES
Introductory
25.Conduct to which Part II applies.

Authorisation of surveillance and human intelligence sources
26.Lawful surveillance etc.
27.Authorisation of directed surveillance.
28.Authorisation of covert human intelligence sources.
29.Persons entitled to grant authorisations under ss. 27 and 28.
30.Authorisation of intrusive surveillance.

Police and customs authorisations
31.Rules for grant of authorisations.
32.Grant of authorisations in the senior officer's absence.
33.Notification of authorisations for intrusive surveillance.
34.Approval required for authorisations to take effect.
35.Quashing of police and customs authorisations etc.
36.Appeals against decisions by Surveillance Commissioners.
37.Appeals to the Chief Surveillance Commissioner: supplementary.
38.Information to be provided to Surveillance Commissioners.

Other authorisations
39.Secretary of State authorisations.
40.Intelligence services authorisations.

Grant, renewal and duration of authorisations
41.General rules about grant, renewal and duration.
42.Special rules for intelligence services authorisations.
43.Cancellation of authorisations.

Supplemental provision for Part II
44.Power to extend or modify authorisation provisions.
45.Interpretation of Part II.

PART III
INVESTIGATION OF ELECTRONIC DATA PROTECTED BY ENCRYPTION ETC.
Power to require disclosure of key
46.Notices requiring disclosure of key.
47.Disclosure of information in place of key.
48.Arrangements for payments for key disclosure.

Offences
49.Failure to comply with a notice.
50.Tipping-off.

Safeguards
51.General duties of specified authorities.

Interpretation of Part III
52.Interpretation of Part III.

PART IV
SCRUTINY ETC. OF INVESTIGATORY POWERS AND OF THE FUNCTIONS OF THE INTELLIGENCE SERVICES
Commissioners
53.New Commissioners.
54.Co-operation with and reports by new Commissioners.
55.Additional functions of other Commissioners.

The Tribunal
56.The Tribunal.
57.Orders allocating proceedings to the Tribunal.
58.Exercise of the Tribunal's jurisdiction.
59.Tribunal procedure.
60.Tribunal rules.
61.Abolition of jurisdiction in relation to complaints.

Codes of practice
62.Issue and revision of codes of practice.
63.Effect of codes of practice.

PART V
MISCELLANEOUS AND SUPPLEMENTAL
Miscellaneous
64.Conduct in relation to wireless telegraphy.
65.Warrants under the Intelligence Services Act 1994.
66.Authorisations under Part III of the Police Act 1997.

Supplemental
67.Ministerial expenditure etc.
68.Orders, regulations and rules.
69.Criminal liability of directors etc.
70.General saving for lawful conduct.
71.General interpretation.
72.Amendments, repeals and savings etc.
73.Short title, commencement and extent.
 

SCHEDULES:
    Schedule 1-Persons having the appropriate permission.
    Schedule 2-The Tribunal.
    Schedule 3-Consequential amendments.
    Schedule 4-Repeals.
 

 
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Prepared 10 February 2000