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Statutory Instruments

2021 No. 605 (C. 21)

Investigatory Powers

The Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Commencement and Transitional Provisions) Regulations 2021

Made

19th May 2021

The Secretary of State, in exercise of the powers conferred by sections 9(2), 9(3) and 9(4) of the Covert Human Intelligence Sources (Criminal Conduct) Act 2021( 1 ), makes the following Regulations.

Citation and interpretation

1. —(1) These Regulations may be cited as the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Commencement and Transitional Provisions) Regulations 2021.

(2) In these Regulations—

RIPA” means the Regulation of Investigatory Powers Act 2000 ( 2 );

the 2021 Act” means the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 ;

intelligence service” and “police force”( 3 ) have the meanings given by section 81 of RIPA;

relevant public authority” means a public authority listed in Part A1 of Schedule 1 to RIPA (relevant authorities for the purposes of ss. 28, 29 and 29B).

The appointed day

2. Sections 1 to 8 of, and the Schedule to, the 2021 Act come into force—

(a) on 10th August 2021 for the purposes of criminal conduct authorisations granted by a person holding an office, rank or position with any intelligence service;

(b) on 15th September 2021 for the purposes of criminal conduct authorisations granted by a person holding an office, rank or position with any police force;

(c) on 30th September 2021 for all remaining purposes.

Transitional provision regarding the authorisation of criminal conduct under section 29 of the Regulation of Investigatory Powers Act 2000

3. Section 29(6ZA) of RIPA( 4 ) (an authorisation granted under section 29 does not authorise criminal conduct) does not apply to an authorisation under section 29 of RIPA which—

(a) in the case of an authorisation granted by a person holding an office, rank or position with any intelligence service

(i) was in force immediately before 10th August 2021, and

(ii) has not been renewed on or after that date;

(b) in the case of an authorisation granted by a person holding an office, rank or position with any police force

(i) was in force immediately before 15th September 2021, and

(ii) has not been renewed on or after that date;

(c) in the case of an authorisation granted by a person holding an office, rank or position with any other relevant public authority

(i) was in force immediately before 30th September 2021, and

(ii) has not been renewed on or after that date.

Williams of Trafford

Minister of State

Home Office

19th May 2021

( 1 )

2021 c. 4 .

( 2 )

2000 c. 23 .

( 3 )

The definition of “police force” in RIPA has been amended by the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 ( S.I. 2013/602 ), the Police (Northern Ireland) Act 2000 (c. 32) and the Armed Forces Act 2006 (c. 52) .

( 4 )

Section 29 of RIPA is amended by section 1(4) of the 2021 Act.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Commencement and Transitional Provisions) Regulations 2021 (2021/605)
Version from: original only

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
intelligence service reg. 1. def_7f869312d5
police force reg. 1. def_499d02b1d7
relevant public authority reg. 1. def_9443a0b152
RIPA reg. 1. def_6a5669bda0
the 2021 Act reg. 1. def_701056b7c1

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