# The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013, Note: Explanatory note

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

(This note is not part of the Order)
This Order introduces a notification and prior approval regime in relation to certain categories of Covert Human Intelligence Sources (CHIS), namely relevant sources, as well as an enhanced authorisation regime.
Part 1 of the Order contains general provisions.
Article 2 defines a ‘relevant source’.
Article 3 modifies section 43(3) of the Act in relation to a ‘long term authorisation’ and defines what it is and how it is calculated.
Articles 3(1), (2) and (4) provide that only once a relevant source has been authorised for a period of 12 months in total in relation to the same investigation or operation does any subsequent authorisation become a long term authorisation.
Articles 3(3) and (5) ensure that certain periods are disregarded from the calculation, namely periods in respect of which authorisations were granted orally or by a person whose authority to act is confined to urgent cases and periods more than 3 years prior to the intended date of authorisation.
Article 3(6) modifies the definition of a long term authorisation by reducing the period of 12 months down to 3 in respect of authorisations involving access to legally privileged material. This is to provide consistency with the authorisation periods in the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010.
Part 2 of the Order contains provisions requiring notification of authorisations to and prior approval of certain authorisations from an ordinary Surveillance Commissioner.
Article 4 requires notice to be given (although not necessarily in advance) of the grant of an authorisation for a relevant source, save where the authorisation is for the grant or renewal of a long term authorisation. Article 4(3) sets out the particulars to be provided.
Article 5 provides that prior approval must be sought from an ordinary Surveillance Commissioner in respect of the grant or renewal of a long term authorisation and sets out the criteria to be applied, both in respect of any request for approval and the Commissioner’s decision.
Article 6 creates an appeal mechanism where a request for prior approval is refused.
Part 3 of the Order creates an enhanced authorisation regime both in relation to the conduct or use of relevant sources and the long term authorisation of the same.
Articles 7 to 16 make a number of amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010.
Article 16(1) amends the entry in Part 1 of the Schedule to the 2010 Order in relation to the Home Office. This is to prescribe the offices, positions and ranks of those within the Home Office who can authorise activity for the purposes of sections 28 and 29 of the Act following the abolition of the UK Border Agency.
Article 16(2) inserts a new Part 1A into the Schedule.
Part 1 will continue to prescribe the offices, positions and ranks of those within the public authorities specified who can authorise activity for the purposes of sections 28 and 29 of the Act, subject to Part 1A (this is provided for by Article 10).
Part 1A prescribes the offices, positions and ranks of those within the public authorities specified who can authorise the conduct or use of relevant sources or who can grant long term authorisation of the same. In respect of the Home Office, authorisations for different purposes will be linked to related statutory functions. Thus, authorisations in respect of detention services can only be authorised on the grounds set out in paragraphs (3)(b) and (3)(d) of section 29 of the Act. Authorisations in respect of border security can only be authorised on the grounds set out in paragraphs (3)(b) and (3)(c) of section 29 of the Act. Articles 10 to 15 contain consequential amendments to the 2010 Order following the insertion of part 1A into the Schedule.
Part 4 of the Order contains transitional provisions. With respect to the calculation of the 12 month period in article 3, only authorisations that are extant at the time the Order comes into force can be taken into account.

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