Section 27 Lawful surveillance etc.

United Kingdom

(1)

Conduct to which this Part applies shall be lawful for all purposes if—

(a)

an authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; and

(b)

his conduct is in accordance with the authorisation.

(2)

A person shall not be subject to any civil liability in respect of any conduct of his which—

(a)

is incidental to any conduct that is lawful by virtue of subsection (1); and

(b)

is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.

(3)

The conduct that may be authorised under this Part includes conduct outside the United Kingdom.

(4)

In this section “relevant enactment” means—

(a)

an enactment contained in this Act F1or the Investigatory Powers Act 2016;

(b)

section 5 of the M1Intelligence Services Act 1994 (warrants for the intelligence services); or

(c)

an enactment contained in Part III of the M2Police Act 1997 (powers of the police and of F2officers of Revenue and Customs).

Annotations

Textual amendments

F1: Words in s. 27(4)(a) inserted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 4 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(i)
F2: Words in s. 27(4)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 9; S.I. 2008/219, art. 2(b)

Marginal citations

M1: 1994 c. 13.
M2: 1997 c. 50.

Notes on Part II

Modifications

C1

Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3

Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)

C2

Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))

C3

Pt. 2: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(a) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)