# The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013, Article 5: Approval required for long term authorisation

Extent: E+W+S+N.I.

(1) A long term authorisation shall not be granted or renewed until—
(a) it has been approved in accordance with this article by a Commissioner, and
(b) written notice of the Commissioner’s decision to approve the grant or renewal of the authorisation has been given, in accordance with paragraph (5) to the person seeking approval.
(2) A request for approval under this article must be made in writing and must include the matters specified in article 4(3) or, in the case of a renewal, the matters specified in paragraph (3) of this article.
(3) Where a person seeks approval under this article in respect of the renewal of a long term authorisation, the request shall specify—
(a) whether the authorisation is being renewed for the first time, or, where it has been previously renewed, each occasion on which it has been renewed;
(b) the matters required by article 4(3), as they apply at the time of the request;
(c) the reason why it is considered necessary to renew the authorisation;
(d) the results of any reviews of the matters mentioned in section 43(7) of the Act.
(4) The Commissioner, following receipt of a request for approval under this article, shall as soon as is reasonably practicable —
(a) scrutinise the authorisation; and
(b) decide whether or not to approve the grant or renewal of the authorisation.
(5) The Commissioner shall—
(a) approve the grant or renewal of the authorisation if, and only if, satisfied that there are reasonable grounds for believing that–
(i) the authorisation is necessary on grounds falling within paragraph (6), and
(ii) the requirements of section 29(2)(b) and (c) of the Act are satisfied in the case of the authorisation; and
(b) give written notice of his decision to the person seeking approval under this article as soon as reasonably practicable after making that decision.
(6) An authorisation is necessary on grounds falling within this paragraph if it is necessary—
(a) in the interests of national security;
(b) for the purpose of preventing or detecting crime or of preventing disorder;
(c) in the interests of the economic well-being of the United Kingdom;
(d) in the interests of public safety;
(e) for the purpose of protecting public health; or
(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department.
(7) Anything required by this article to be made or given in writing may be made or given, instead, by being transmitted by electronic means.
(8) For the purpose of this article “Commissioner” means Judicial Commissioner.

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Source: https://www.legislation.gov.uk/uksi/2013/2788/article/5 (the official version)
Page: https://openlegislation.uk/regulation-of-investigatory-powers-covert-human-intelligence-sources-relevant-sources-order-2013/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.