OpenLegislation

Explanatory note

(This note is not part of the Regulations)

Under section 29(2)(c) of the Regulation of Investigatory Powers Act 2000 a person may not grant an authorisation for the conduct or use of a covert human intelligence source unless he believes that arrangements exist that satisfy the requirements of section 29(5). For example, the arrangements must be adequate to ensure that the records relating to the source contain particulars of certain matters. Those matters are specified in these Regulations.

In some cases, the activities of the source will be for the benefit of more than one public authority. By virtue of section 29(9), the records relating to the source must be kept by one of those authorities. The matters specified in the Regulations, however, relate to the source’s contact with each of them.