Regulation of Investigatory Powers (Scotland) Act 2000
Regulation of Investigatory Powers (Scotland) Act 2000
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The Bill for this Act of the Scottish Parliament was passed by the Parliament on
[7th September 2000]
and received Royal Assent on[28th September 2000]
An Act of the Scottish Parliament to regulate surveillance and the use of covert human intelligence sources.
Introductory
1 Conduct to which this Act applies
(1) This Act applies to the following conduct-
(a) directed surveillance;
(b) intrusive surveillance; and
(c) the conduct and use of covert human intelligence sources.
(2) For the purposes of this Act surveillance is directed if it is covert but not intrusive and is undertaken-
(a) for the purposes of a specific investigation or a specific operation;
(b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and
(c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Act to be sought for the carrying out of the surveillance.
(3) Subject to subsections (4) and (5) below, surveillance is intrusive for the purposes of this Act if, and only if, it is covert surveillance that-
(a) is carried out in relation to anything taking place on any residential premises or in any private vehicle; and
(b) involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.
(4) For the purposes of this Act surveillance is not intrusive to the extent that it is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle.
(5) For the purposes of this Act surveillance which-
(a) is carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle; but
(b) is carried out without that device being present on the premises or in the vehicle,
is not intrusive unless the device is such that it consistently provides information of the same quality and detail as might be expected to be obtained from a device actually present on the premises or in the vehicle.
(6) In this Act-
(a) references to the conduct of a covert human intelligence source are references to any conduct of such a source which falls within any of paragraphs (a) to (c) of subsection (7) below, or is incidental to anything falling within any of those paragraphs; and
(b) references to the use of a covert human intelligence source are references to inducing, asking or assisting a person to engage in the conduct of such a source, or to obtain information by means of the conduct of such a source.
(7) For the purposes of this Act a person is a covert human intelligence source if the person-
(a) establishes or maintains a personal or other relationship with another person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c) below;
(b) covertly uses such a relationship to obtain information or to provide access to any information to another person; or
(c) covertly discloses information obtained by the use of such a relationship or as a consequence of the existence of such a relationship.
(8) For the purposes of this section-
(a) surveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that it is or may be taking place;
(b) a purpose is covert, in relation to the establishment or maintenance of a personal or other relationship, if and only if the relationship is conducted in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the purpose; and
(c) a relationship is used covertly, and information obtained as mentioned in subsection (7)(c) above is disclosed covertly, if and only if it is used or, as the case may be, disclosed in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the use or disclosure in question.
(9) In this section ‘private information’, in relation to a person, includes any information relating to the person's private or family life.
(10) References in this section, in relation to a vehicle, to the presence of a surveillance device in the vehicle include references to its being located on or under the vehicle and also include references to its being attached to it.
Surveillance Commissioners
2 Surveillance Commissioners
(1) The Scottish Ministers shall appoint for the purposes of this Act-
(a) a Chief Surveillance Commissioner; and
(b) such number of other Surveillance Commissioners as the Scottish Ministers think fit.
(2) The persons appointed under subsection (1) above shall be persons who hold or have held high judicial office within the meaning of the Appellate Jurisdiction Act 1876 (c.59).
(3) Subject to subsections (4) to (7) below, each Surveillance Commissioner shall hold and vacate office in accordance with the terms of his appointment.
(4) Each Surveillance Commissioner shall be appointed for a term of three years.
(5) A person who ceases to be a Surveillance Commissioner (otherwise than under subsection (7) below) may be reappointed under this section.
(6) Subject to subsection (7) below, a Surveillance Commissioner shall not be removed from office before the end of the term for which that Commissioner is appointed unless a resolution approving the removal has been passed by the Scottish Parliament.
(7) A Surveillance Commissioner may be removed from office by the Scottish Ministers if after his appointment-
(a) a bankruptcy order is made against the Commissioner or the Commissioner's estate is sequestrated or the Commissioner makes a composition or arrangement with, or grants a trust deed for, the Commissioner's creditors;
(b) a disqualification order under the Company Directors Disqualification Act 1986 (c.46) or Part II of the Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I.18)), or an order under section 429(2)(b) (failure to pay under county court administration order) of the Insolvency Act 1986 (c.45), is made against the Commissioner; or
(c) the Commissioner is convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and is sentenced to imprisonment (whether suspended or not).
(8) The Scottish Ministers shall pay to each Surveillance Commissioner such allowances as the Scottish Ministers consider appropriate.
(9) The Scottish Ministers may, after consultation with the Chief Surveillance Commissioner, provide the Commissioners with such staff as the Scottish Ministers consider necessary for the discharge of the Commissioners' functions.
(10) The decisions of the Chief Surveillance Commissioner or, subject to section 16 below, any other Surveillance Commissioner (including decisions as to jurisdiction) shall not be subject to appeal or liable to be questioned in any court.
3 Assistant Surveillance Commissioners
(1) The Scottish Ministers may, after consultation with the Chief Surveillance Commissioner as to numbers, appoint as Assistant Surveillance Commissioners such number of persons as the Scottish Ministers consider necessary (in addition to the ordinary Surveillance Commissioners) for the purpose of providing the Chief Surveillance Commissioner with assistance under this section.
(2) A person shall not be appointed as an Assistant Surveillance Commissioner unless that person holds or has held office as-
(a) a sheriff;
(b) a judge of the Crown Court in England and Wales or a Circuit judge there; or
(c) a county court judge in Northern Ireland.
(3) The Chief Surveillance Commissioner may require any ordinary Surveillance Commissioner or any Assistant Surveillance Commissioner to provide him with assistance in carrying out that Chief Surveillance Commissioner's functions under this Act.
(4) The assistance that may be provided under this section includes-
(a) the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; and
(b) the making of a report to the Chief Surveillance Commissioner about the matter reviewed.
(5) Subsections (3) to (8) of section 2 above apply in relation to a person appointed under this section as they apply in relation to a person appointed under that section.
4 Delegation of Commissioner's functions
(1) Anything authorised or required by or under this Act to be done by a relevant Commissioner may be done by any member of the staff of that Commissioner who is authorised for the purpose (whether generally or specifically) by that Commissioner.
(2) In this section ‘relevant Commissioner’ means any Surveillance Commissioner or Assistant Surveillance Commissioner.
Authorisation of surveillance and human intelligence sources
5 Lawful surveillance etc.
(1) Conduct to which this Act applies shall be lawful for all purposes if-
(a) an authorisation under this Act confers an entitlement to engage in that conduct on the person whose conduct it is; and
(b) that person's conduct is in accordance with the...
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