Proposed amendments
146 amendments across 10 provisions
Clause 1 90
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In section 27(1) of that Act (lawful surveillance etc.), at the beginning insert “Save for criminal conduct authorised under section 29B,”.
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Section 27 of that Act (lawful surveillance etc.) is amended in accordance with subsections (3B) and (3C).
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After section 27(2) of that Act, insert—
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In section 27(1) of that Act (lawful surveillance etc.), at the beginning insert “Save for criminal conduct authorised under section 29B,”.
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Authorisations granted under this section require judicial approval in accordance with section 29C.”
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In section 27(2) of that Act insert—
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In section 27(3) of that Act (lawful surveillance etc.), after “Part” insert “(other than conduct authorised under section 29B)”.”
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Section 27 of that Act (lawful surveillance etc.) is amended in accordance with subsections (3B) and (3C).
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Conduct that may be authorised by this Act does not include conduct outside the United Kingdom and section 27 of the Regulation of Investigatory Powers Act 2000 is amended accordingly as follows.
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For the purpose of subsection (5), “serious crime” has the meaning given by section 81 of the Regulation of Investigatory Powers Act 2000.”
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Authorisations granted under this section require judicial approval in accordance with section 29C.”
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is not carried out for the primary purpose of—
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Authorisations granted under this section require approval in accordance with section 29C.”
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A criminal conduct authorisation may not be granted to a covert human intelligence source under the age of 18.”
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A criminal conduct authorisation may not be granted in relation to a covert human intelligence source who is—
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The granting of criminal conduct authorisations under subsection (1) may not take place until a warrant has been issued by a judge.
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A criminal conduct authorisation may not be granted or renewed in relation to a covert human intelligence source who is under the age of 18 unless prior approval has been obtained from a Judicial Commissioner.
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The granting of criminal conduct authorisations under subsection (1) may not take place until a warrant has been issued by the Secretary of State.”
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A criminal conduct authorisation may not authorise any criminal conduct—
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that”
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A criminal conduct authorisation may not be granted to a person unless—
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Where a criminal conduct authorisation has been granted, the covert human intelligence source so authorised cannot be deployed unless the conditions under subsection (8B) have been fulfilled.
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A criminal conduct authorisation ceases to have effect on the date it provides which must be no later than four calendar months after the date it is granted.”
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balancing the size and scope of the proposed activity against the gravity and extent of the perceived crime or harm;
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A criminal conduct authorisation may not be granted to a covert human intelligence source under the age of 16.”
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The Secretary of State must be informed of any proposed authorisation under this section.”
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For the avoidance of doubt, nothing in this Part shall be taken to exclude—
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for the purposes of preventing or detecting serious crime.
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Notwithstanding section 27, injury sustained by any person shall not be excluded from the scope of the Schemes provided for by the Criminal Injuries Compensation Act 1985 and the Criminal Injuries Compensation (Northern Ireland) Order 2002 by virtue of the fact that the conduct causing such injury was authorised under this section.”
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Approval for criminal conduct authorisations
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Criminal conduct authorisations: granting to children and vulnerable sources
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Criminal conduct authorisations: granting to vulnerable sources
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“Criminal conduct authorisations: safeguards for juveniles
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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The circumstances in which a criminal conduct authorisation is necessary on grounds specified in subsection (5)(c) may not include the activities of trade unions.”
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For the purposes of subsection (5) “serious disorder” has the same meaning as “riot” as provided by section 1 of the Public Order Act 1986.”
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For the purposes of subsection (5) “serious crime” means crime that satisfies the tests in subsection (5B).
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Criminal conduct authorisation for a covert human intelligence source may not be given if its purpose is to compile lists which—
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A criminal conduct authorisation may not authorise conduct which involves acting in a way incompatible with the Convention rights as defined by the Human Rights Act 1998; and for the purposes of this subsection the conduct of a covert human intelligence source shall be deemed to be the conduct of a public authority.”
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consists in conduct—
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is not carried out for the primary purpose of—
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A criminal conduct authorisation may not authorise—
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A criminal conduct authorisation may not be granted to a covert human intelligence source under the age of 18.”
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Nothing in this section authorises—
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Where a person grants a criminal conduct authorisation, that person must give notice of that authorisation to the Investigatory Powers Commissioner.
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The Commissioner must within seven days of receiving the notice inform the person whether the Commissioner considers the matters specified in subsection (4) to have been satisfied in respect of the conduct in question.
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Where criminal conduct authorisations under subsection (1) are granted in relation to covert human intelligence sources under the age of 18, the provisions of the United Nations Convention on the Rights of the Child apply.”
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A criminal conduct authorisation must be reviewed monthly by the person by whom it is granted.
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A person may grant a criminal conduct authorisation to authorise criminal conduct that has already been committed if the following requirements are met—
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A criminal conduct authorisation may not be granted or renewed in relation to a covert human intelligence source who is under the age of 18 unless prior approval has been obtained from a Judicial Commissioner.
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An authorisation under this section may not be granted to—
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A criminal conduct authorisation may not be granted to a person unless that person is employed by the authorising authority.”
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A criminal conduct authorisation may not be granted in relation to a covert human intelligence source who is—
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The following conduct may never be authorised by a criminal conduct authorisation—
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A criminal conduct authorisation may not authorise any criminal conduct—
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A criminal conduct authorisation may not be granted unless the conditions under subsection (8B) have been fulfilled.
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Approval for criminal conduct authorisations
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Criminal conduct authorisations: granting to children and vulnerable sources
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Approval for criminal conduct authorisations
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In section 78(4A) after “under” insert “section 29B or”.”
Clause 2 18
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“RELEVANT AUTHORITIES FOR THE PURPOSES OF S. 29B
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“Royal Military Police.
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“Redress for victims harmed by authorised conduct
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Notification to a Judicial Commissioner
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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If upon notification under subsection (3) a Judicial Commissioner determines that the authorisation should not have been granted, the person who granted the authorisation must be immediately informed and all further activities that will or might be undertaken pursuant to the authorisation must cease forthwith, subject to the power of the Judicial Commissioner to allow actions specified by the Judicial Commissioner to continue for the purpose of discontinuing the activities for which authorisation had been granted.”
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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A Minister of the Crown may not amend the list contained in Part A1 of Schedule 1 to that Act (as inserted by subsection (9)) by statutory instrument.”
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“Redress for innocent victims
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 3 1
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amendments to the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11) which correspond to those made by this Act to the Regulation of Investigatory Powers Act 2000, and
Clause 4 14
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In keeping under review the exercise of the powers 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—
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“Commissioner approval for authorisations to identify or confirm journalistic sources
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of criminal conduct authorisations
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Those persons who have granted criminal conduct authorisations under section 29B of the Regulation of Investigatory Powers Act 2000 or section 7A of the Regulation of Investigatory Powers (Scotland) Act 2000 must inform the Investigatory Powers Commissioner within seven days of the granting of the authorisation.”
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Where the Investigatory Powers Commissioner becomes aware of any potentially unlawful or improperly granted criminal conduct authorisation, the Commissioner must refer the matter to the relevant oversight body of the authorising authority.”
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Where the Investigatory Powers Commissioner becomes aware of any potentially unlawful or improper conduct undertaken in connection with a criminal conduct authorisation, which is not authorised by the criminal conduct authorisation, the Commissioner must refer the matter to the police for investigation.”
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information on the number and types of criminal conduct authorisations requested and the number granted;
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In section 234 (annual and other reports of the Investigatory Powers Commissioner), after subsection (11) insert—
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“Commissioner approval for authorisations to identify or confirm journalistic sources
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Equality Impact Assessment
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of criminal conduct authorisations
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 5 3
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Clause 6 5
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Regulations may not be made under this section until—
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Clause 7 1
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Clause 8 1
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Schedule 1 7
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“Notification to Judicial Commissioner
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“PART 2
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Where a person grants a criminal conduct authorisation, that person must give notice of that authorisation to the Investigatory Powers Commissioner.
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Schedule 2 6
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after subsection (4) insert—
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In the heading before section 32A (authorisations requiring judicial approval), after “approval” insert “or notification”.”
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“Coronavirus Act 2020