Scottish Statutory Instrument 2002 No. 205

      The Regulation of Investigatory Powers (Source Records) (Scotland) Regulations 2002


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SCOTTISH STATUTORY INSTRUMENTS


2002 No. 205

INVESTIGATORY POWERS

The Regulation of Investigatory Powers (Source Records) (Scotland) Regulations 2002

  Made 26th April 2002 
  Laid before the Scottish Parliament 29th April 2002 
  Coming into force 20th May 2002 

The Scottish Ministers, in exercise of the powers conferred by section 7(6)(d) of the Regulation of Investigatory Powers (Scotland) Act 2000[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Regulation of Investigatory Powers (Source Records) (Scotland) Regulations 2002 and shall come into force on 20th May 2002.

Interpretation
    
2. In these Regulations-

    "the 2000 Act" means the Regulation of Investigatory Powers (Scotland) Act 2000;

    "relevant investigating authority" has the meaning given by section 7(7) of the 2000 Act, but the qualification in section 7(8) does not apply;

    "source" means a covert human intelligence source; and

    "undercover operative" means a source who holds an office, rank or position with a relevant investigating authority.

Particulars to be contained in records
    
3. The following matters are specified for the purposes of section 7(6)(d) of the 2000 Act (as being matters particulars of which must be included in the records relating to each source):-


R J SIMPSON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
26th April 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


Under section 7(2)(c) of the Regulation of Investigatory Powers (Scotland) Act 2000 ("the 2000 Act") a person may not grant an authorisation for the conduct or use of a covert human intelligence source unless they are satisfied that arrangements exist that satisfy the requirements of section 7(6) of that Act. Section 7(6)(d) provides that the arrangements must be adequate to ensure that the records relating to the source contain particulars of certain matters as may be specified by the Scottish Ministers. Those matters are specified in these Regulations (regulation 3).

In some cases, the activities of the source will be for the benefit of more than one public authority. By virtue of section 7(8) of the 2000 Act, 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.


Notes:

[1] 2000 asp 11.back



ISBN 0 11061409 7


 


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Prepared 8 May 2002