Regulation of Investigatory Powers Act 2000
2000 c. 23 · Enacted 28 July 2000 · Extends to United Kingdom
An Act to make provision for and about the interception of communications, the acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed; to provide for Commissioners and a tribunal with functions and jurisdiction in relation to those matters, to entries on and interferences with property or with wireless telegraphy and to the carrying out of their functions by the Security Service, the Secret Intelligence Service and the Government Communications Headquarters; and for connected purposes.
[28th July 2000]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3
Annotations to the whole text
Modifications
- C1
Act power to apply (with modifications) conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 22(4), 87(1) (with ss. 22(7), 88-90) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))
- C2
Act modified (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 22(6), 87(1) (with ss. 22(7), 88-90) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))
- C3
Act expiry of earlier affecting provision 2020 c. 7, s. 22 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
Contents
- Part I: Communications
- Chapter I: Interception
- Unlawful and authorised interception Repealed
- 1Unlawful interception. Repealed
- 2Meaning and location of “interception” Repealed
- 3Lawful interception without an interception warrant. Repealed
- 4Power to provide for lawful interception. Repealed
- 5Interception with a warrant. Repealed
- Interception warrants Repealed
- 6Application for issue of an interception warrant. Repealed
- 7Issue of warrants. Repealed
- 8Contents of warrants. Repealed
- 9Duration, cancellation and renewal of warrants. Repealed
- 10Modification of warrants and certificates. Repealed
- 11Implementation of warrants. Repealed
- Interception capability and costs Repealed
- 12Maintenance of interception capability. Repealed
- 13Technical Advisory Board. Repealed
- 14Grants for interception costs. Repealed
- Restrictions on use of intercepted material etc. Repealed
- 15General safeguards. Repealed
- 16Extra safeguards in the case of certificated warrants. Repealed
- 17Exclusion of matters from legal proceedings. Repealed
- 18Exceptions to section 17. Repealed
- 19Offence for unauthorised disclosures. Repealed
- Interpretation of Chapter I Repealed
- 20Interpretation of Chapter I. Repealed
- Chapter II: Acquisition and disclosure of communications data
- 21Lawful acquisition and disclosure of communications data. Repealed
- 22Obtaining and disclosing communications data. Repealed
- 23Form and duration of authorisations and notices. Repealed
- 23AAuthorisations requiring judicial approval Repealed
- 23BProcedure for judicial approval Repealed
- 24Arrangements for payments. Repealed
- 25Interpretation of Chapter II. Repealed
- Part II: Surveillance and covert human intelligence sources
- Introductory
- 26Conduct to which Part II applies.
- Authorisation of surveillance and human intelligence sources
- 27Lawful surveillance etc.
- 27ASection 27: criminal injuries compensation for s. 29B conduct
- 28Authorisation of directed surveillance.
- 29Authorisation of covert human intelligence sources.
- 29ASection 29: supplementary provision in relation to relevant collaborative units
- 29BCovert human intelligence sources: criminal conduct authorisations
- 29CCriminal conduct authorisations: safeguards for juveniles
- 29DCriminal conduct authorisations: safeguards for vulnerable adults
- 30Persons entitled to grant authorisations under ss. 28 , 29 and 29B.
- 31Orders under s. 30 for Northern Ireland.
- 32Authorisation of intrusive surveillance.
- Authorisations requiring judicial approval or notification
- 32AAuthorisations requiring judicial approval
- 32BProcedure for judicial approval
- 32CNotification of criminal conduct authorisations
- Police and Revenue and Customs authorisations
- 33Rules for grant of authorisations.
- 33ASection 33: further provision in cases where NCA is party to collaboration agreement
- 34Grant of authorisations in the senior officer’s absence.
- 35Notification of authorisations for intrusive surveillance.
- 36Approval required for authorisations to take effect.
- 37Quashing of police and Revenue and Customs authorisations etc.
- 38Appeals against decisions by Judicial Commissioners .
- 39Appeals to the Investigatory Powers Commissioner : supplementary.
- 40Information to be provided to Surveillance Commissioners. Repealed
- Other authorisations
- 41Secretary of State authorisations.
- 42Intelligence services authorisations.
- Grant, renewal and duration of authorisations
- 43General rules about grant, renewal and duration.
- 44Special rules for intelligence services authorisations.
- 45Cancellation of authorisations.
- Scotland
- 46Restrictions on authorisations extending to Scotland.
- Supplemental provision for Part II
- 47Power to extend or modify authorisation provisions.
- 48Interpretation of Part II.
- Part III: Investigation of electronic data protected by encryption etc.
- Power to require disclosure
- 49Notices requiring disclosure.
- 50Effect of notice imposing disclosure requirement.
- 51Cases in which key required.
- Contributions to costs
- 52Arrangements for payments for disclosure.
- Offences
- 53Failure to comply with a notice.
- 54Tipping-off.
- Safeguards
- 55General duties of specified authorities.
- Interpretation of Part III
- 56Interpretation of Part III.
- Part IV: Scrutiny etc. of investigatory powers and of the functions of the intelligence services
- Commissioners
- 57Interception of Communications Commissioner. Repealed
- 58Co-operation with and reports by s. 57 Commissioner. Repealed
- 59Intelligence Services Commissioner. Repealed
- 59AAdditional functions of the Intelligence Services Commissioner Repealed
- 60Co-operation with and reports by s. 59 Commissioner. Repealed
- 61Investigatory Powers Commissioner for Northern Ireland.
- 62Additional functions of Chief Surveillance Commissioner. Repealed
- 63Assistant Surveillance Commissioners. Repealed
- 64Delegation of functions of the Investigatory Powers Commissioner for Northern Ireland.
- The Tribunal
- 65The Tribunal.
- 66Orders allocating proceedings to the Tribunal. Not yet in force
- 67Exercise of the Tribunal’s jurisdiction.
- 67AAppeals from the Tribunal
- 68Tribunal procedure.
- 69Tribunal rules.
- 70Abolition of jurisdiction in relation to complaints.
- Codes of practice
- 71Issue and revision of codes of practice.
- 72Effect of codes of practice.
- Part V: Miscellaneous and supplemental
- Miscellaneous
- 73Conduct in relation to wireless telegraphy. Repealed
- 74Warrants under the Intelligence Services Act 1994.
- 75Authorisations under Part III of the Police Act 1997.
- 76Surveillance etc. operations beginning in Scotland.
- 76AForeign surveillance operations
- Supplemental
- 77Ministerial expenditure etc.
- 77AProcedure for order of sheriff under section ... 32A: Scotland
- 77BProcedure for order of district judge under section ... 32A: Northern Ireland
- 78Orders, regulations and rules.
- 79Criminal liability of directors etc.
- 80General saving for lawful conduct.
- 81General interpretation.
- 82Amendments, repeals and savings etc.
- 83Short title, commencement and extent.
- Schedule A1: MONETARY PENALTY NOTICES IN RELATION TO CERTAIN UNLAWFUL INTERCEPTIONS
- Part 1: MONETARY PENALTY NOTICES
- General
- 1Paragraph 1
- Enforcement obligations
- 2Paragraph 2
- Consultation requirements before service of notices
- 3Paragraph 3
- Variation or cancellation of notices
- 4Paragraph 4
- Appeals against notices
- 5Paragraph 5
- Enforcement of notices
- 6Paragraph 6
- Guidance
- 7Paragraph 7
- Interpretation: Part 1
- 8Paragraph 8
- Part 2: INFORMATION PROVISIONS
- Information notices
- 9Paragraph 9
- Appeals against notices
- 10Paragraph 10
- Enforcement of notices
- 11Paragraph 11
- Technical assistance for the Commissioner
- 12Paragraph 12
- Interpretation: Part 2
- 13Paragraph 13
- Schedule 1: Relevant Public Authorities
- Part A1: Relevant authorities for the purposes of ss. 28, 29 and 29B
- A1Police forces etc
- A1APolice forces etc
- B1Police forces etc
- C1Police forces etc
- D1The intelligence services
- E1The armed forces
- F1Revenue and Customs
- G1Government departments
- H1Government departments
- I1Government departments
- J1Other bodies
- K1Other bodies
- L1Other bodies
- M1Other bodies
- N1Other bodies
- Part I: Relevant authorities for the purposes only of ss. 28 and 29
- Police forces etc.
- 1Paragraph 1 Repealed
- 1AParagraph 1A
- 2Paragraph 2 Repealed
- 2AParagraph 2A Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 4AParagraph 4A Repealed
- 4BParagraph 4B
- ...
- 5Paragraph 5 Repealed
- ...
- 6Paragraph 6 Repealed
- ...
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Government departments
- 9Paragraph 9 Repealed
- 9ZAParagraph 9ZA Repealed
- 9ZBParagraph 9ZB Repealed
- 9ZCParagraph 9ZC Repealed
- 9AParagraph 9A
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 13ZAParagraph 13ZA Repealed
- 13AParagraph 13A Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 15CParagraph 15C
- 15DParagraph 15D
- 15EParagraph 15E
- The Welsh Assembly Government
- 16Paragraph 16
- Local authorities
- 17Paragraph 17
- 17AParagraph 17A
- Other bodies
- 17BParagraph 17B
- 18Paragraph 18 Repealed
- 18AParagraph 18A
- 19Paragraph 19 Repealed
- 19AParagraph 19A
- 19BParagraph 19B
- 20Paragraph 20 Repealed
- 20AParagraph 20A Repealed
- 20BParagraph 20B Repealed
- 20CParagraph 20C
- 20DParagraph 20D Repealed
- 20EParagraph 20E Repealed
- 20FParagraph 20F
- 20GParagraph 20G
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 23AParagraph 23A
- Northern Ireland authorities
- 23AParagraph 23A
- 23BParagraph 23B
- 23CParagraph 23C
- 23DParagraph 23D
- 23EParagraph 23E
- Part II: Relevant authorities for the purposes only of s. 28
- The Health and Safety Executive
- 24Paragraph 24 Repealed
- NHS bodies in England and Wales
- 25Paragraph 25 Repealed
- 26Paragraph 26
- 27Paragraph 27 Repealed
- 27AParagraph 27A Repealed
- HM Chief Inspector of Education, Children's Services and Skills
- 27BParagraph 27B
- ...
- 27CParagraph 27C Repealed
- The Information Commission
- 27CAParagraph 27CA
- . . .
- 27DParagraph 27D Repealed
- The General Pharmaceutical Council.
- 28Paragraph 28
- ...
- 28AParagraph 28A Repealed
- ...
- 28BParagraph 28B Repealed
- The Department for Work and Pensions
- 28CParagraph 28C
- . . .
- 28DParagraph 28D Repealed
- Universal service providers
- 28EParagraph 28E
- The Natural Resources Body for Wales
- 28FParagraph 28F
- Northern Ireland authorities
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36 Repealed
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Schedule 2: Persons having the appropriate permission
- Requirement that appropriate permission is granted by a judge
- 1Paragraph 1
- Data obtained under warrant etc.
- 2Paragraph 2
- Data obtained by the intelligence services under statute but without a warrant
- 3Paragraph 3
- Data obtained under statute by other persons but without a warrant
- 4Paragraph 4
- Data obtained without the exercise of statutory powers
- 5Paragraph 5
- General requirements relating to the appropriate permission
- 6Paragraph 6
- Duration of permission
- 7Paragraph 7
- Formalities for permissions granted by the Secretary of State
- 8Paragraph 8
- Schedule 3: The Tribunal
- Membership of the Tribunal
- 1Paragraph 1
- President and Vice-President
- 2Paragraph 2
- Members of the Tribunal with special responsibilities
- 3Paragraph 3
- Salaries and expenses
- 4Paragraph 4
- Officers
- 5Paragraph 5
- Parliamentary disqualification
- 6Paragraph 6
- Schedule 4: Consequential amendments
- The Post Office Act 1953 (c. 36)
- 1Paragraph 1 Repealed
- The Post Office Act 1969 (c. 48)
- 2Paragraph 2 Repealed
- The Telecommunications Act 1984 (c. 12)
- 3Paragraph 3
- The Security Service Act 1989 (c. 5)
- 4Paragraph 4
- The Official Secrets Act 1989 (c. 6)
- 5Paragraph 5
- The Intelligence Services Act 1994 (c. 13)
- 6Paragraph 6
- The Criminal Procedure and Investigations Act 1996 (c. 25)
- 7Paragraph 7
- The Police Act 1997 (c. 50)
- 8Paragraph 8
- The Northern Ireland Act 1998 (c. 47)
- 9Paragraph 9 Repealed
- The Electronic Communications Act 2000 (c. 7)
- 10Paragraph 10
- The Financial Services and Markets Act 2000 (c. 8)
- 11Paragraph 11
- The Terrorism Act 2000 (c. 11)
- 12Paragraph 12
- Schedule 5Repeals