Legislation – Covert Human Intelligence Sources (Criminal Conduct) Act 2021

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Authorising authorities

4Authorities to be capable of authorising criminal conduct

(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

A1

Any police force.

B1

The National Crime Agency.

C1

The Serious Fraud Office.

The intelligence services

D1

Any of the intelligence services.

The armed forces

E1

Any of Her Majesty’s forces.

Revenue and Customs

F1

Her Majesty’s Revenue and Customs.

Government departments

G1

The Department of Health and Social Care.

H1

The Home Office.

I1

The Ministry of Justice.

Other bodies

J1

The Competition and Markets Authority.

K1

The Environment Agency.

L1

The Financial Conduct Authority.

M1

The Food Standards Agency.

N1

The Gambling Commission.”