Citation

1. These Regulations may be cited as the Regulation of Investigatory Powers (Conditions for the Lawful Interception of Persons outside the United Kingdom) Regulations 2004.

Commencement

2. —(1) These Regulations shall come into force—

(a) if the United Kingdom is one of the first eight Member States of the European Union to ratify the Convention on Mutual Assistance in Criminal Matters established by Council Act of 29th May 2000 (2000/C197/01) (“the Convention”), 90 days after the day on which the eighth Member State ratifies; or

(b) otherwise, 90 days after the day on which the United Kingdom ratifies the Convention.

(2) For the purposes of paragraph (1)—

(a) a Member State ratifies the Convention when it notifies the Secretary-General of the Council of the European Union of the completion of its constitutional procedures for the adoption of the Convention, in accordance with Article 27(2) of the Convention;

(b) the reference to a “Member State” is only to a state that was a Member State on 29th May 2000.

Conditions for the lawful interception of persons outside the United Kingdom

3. For the purposes of section 4(1)(d) of the Regulation of Investigatory Powers Act 2000, the following conditions are prescribed—

(a) the interception is carried out for the purposes of a criminal investigation;

(b) the criminal investigation is being carried out in a country or territory that is party to an international agreement designated for the purposes of section 1(4) of that Act.