Citation and commencement_I1

1. This Order may be cited as the Regulation of Investigatory Powers (Juveniles) Order 2000 and shall come into force on 6th November 2000.

Interpretation_I2

2. In this Order—

“ the 2000 Act ” means the Regulation of Investigatory Powers Act 2000 ;

“ guardian ”, in relation to a source, has the same meaning as is given to “guardian of a child” by section 105 of the Children Act 1989 ( 2 );

“ relative ” has the same meaning as it is given by section 105 of the Children Act 1989 ;

“ relevant investigating authority ” [^F1 , in relation to an authorisation under section 29 of the 2000 Act, ^F1] has the meaning given by section 29(8) of the 2000 Act, and where the activities of a source are to be for the benefit of more than one public authority, each of these authorities is a relevant investigating authority;

[^F2 “ relevant investigating authority ”, in relation to an authorisation under section 29B of the 2000 Act, means the public authority, or (as the case may be) one of the public authorities, for whose benefit the activities as a source of the source to whom the authorisation relates are to take place;

“ relevant person ”, in relation to an authorisation under section 29B of the 2000 Act, means a person holding an office, rank or position with a relevant investigating authority in relation to the authorisation; ^F2]

“ source ” means covert human intelligence source.

[^F3Authorisations under section 29 of the 2000 Act^F3]

Sources under 16: prohibition_I3

^F33. No authorisation [^F4under section 29 of the 2000 Act^F4] may be granted for the conduct or use of a source if:

(a)the source is under the age of sixteen; and

(b)the relationship to which the conduct or use would relate is between the source and his parent or any person who has parental responsibility for him.

Sources under 16: arrangements for meetings_I4

4.—(1) Where a source is under the age of sixteen, the arrangements referred to in section 29(2)(c) of the 2000 Act must be such that there is at all times a person holding an office, rank or position with a relevant investigating authority who has responsibility for ensuring that an appropriate adult is present at meetings to which this article applies.

(2) This article applies to all meetings between the source and a person representing any relevant investigating authority that take place while the source remains under the age of sixteen.

(3) In paragraph (1), “appropriate adult” means:

(a)the parent or guardian of the source; [^F5or^F5]

(b)^F7any other person who has for the time being assumed responsibility for his welfare [^F6or is otherwise qualified to represent the interests of the source^F6] ...

^F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sources under 18: risk assessments etc._I5

5. An authorisation [^F9under section 29 of the 2000 Act^F9] for the conduct or use of a source may not be granted or renewed in any case where the source is under the age of eighteen at the time of the grant or renewal, unless:

(a)a person holding an office, rank or position with a relevant investigating authority has made and, in the case of a renewal, updated a risk assessment sufficient to demonstrate that:

(i)the nature and magnitude of any risk of physical injury to the source arising in the course of, or as a result of, carrying out the conduct described in the authorisation have been identified and evaluated; and

(ii)the nature and magnitude of any risk of psychological distress to the source arising in the course of, or as a result of, carrying out the conduct described in the authorisation have been identified and evaluated;

(b)the person granting or renewing the authorisation has considered the risk assessment and has satisfied himself that any risks identified in it are justified and, if they are, that they have been properly explained to and understood by the source; and

(c)the person granting or renewing the authorisation knows whether the relationship to which the conduct or use would relate is between the source and a relative, guardian or person who has for the time being assumed responsibility for the source’s welfare, and, if it is, has given particular consideration to whether the authorisation is justified in the light of that fact.

Sources under 18: duration of authorisations_I6

6. In relation to an authorisation [^F10under section 29 of the 2000 Act^F10] for the conduct or the use of a source who is under the age of eighteen at the time the authorisation is granted or renewed, section 43(3) of the 2000 Act shall have effect as if the period specified in paragraph (b) of that subsection were [^F11four months^F11] instead of twelve months.

[^F12Authorisations under section 29B of the 2000 Act

Sources under 16: prohibition

7—(1) No authorisation under section 29B of the 2000 Act may be granted authorising criminal conduct in the course of, or otherwise in connection with, the conduct of a source if—

(a)the source is under the age of 16; and

(b)the relationship to which the relevant conduct would relate is between the source and—

(i)the source's parent, or

(ii)any person who has parental responsibility for the source.

(2) “ The relevant conduct ” means the conduct of the source which the authorised conduct would be in the course of or otherwise in connection with.

Sources under 18: additional requirements

8—(1) An authorisation under section 29B of the 2000 Act may not be granted or renewed in any case where the source to whom the authorisation relates is under the age of 18 at the time of the grant or renewal unless the person granting or renewing the authorisation—

(a)has considered whether the relationship to which the relevant conduct would relate is between the source and—

(i)a relative or guardian of the source, or

(ii)a person who has for the time being assumed responsibility for the source's welfare; and

(b)where the relationship would so relate, has taken that fact into account as a particular consideration.

(2) In paragraph (1)(a), “ the relevant conduct ” has the same meaning as in article 7.

Sources under 18: arrangements regarding best interests of the source

9 Where the source to whom an authorisation under section 29B of the 2000 Act relates is under the age of 18, the arrangements referred to in section 29B(4)(c) of the 2000 Act must be such that there is at all times a relevant person who has responsibility for safeguarding and promoting the best interests of the source.

Sources under 18: duration of authorisations

10 In relation to an authorisation under section 29B of the 2000 Act where the source to whom the authorisation relates is under the age of 18 at the time the authorisation is granted or renewed, section 43(3) of the 2000 Act is to have effect as if the period specified in paragraph (b) of that subsection were four months instead of twelve months.^F12]