House of Commons

Session 1999-2000 Internet Publications Other Bills before Parliament

Regulation of investigatory Powers Bill This is the text of the Regulation of investigatory Powers Bill, as presented to the House of Commons on 9 February 2000.
	EXPLANATORY NOTES Explanatory Notes to the Bill, prepared by the Home Office, will be published separately as Bill 64- EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Mr Secretary Straw has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Regulation of Investigatory Powers Bill are compatible with the Convention rights.
	Regulation of investigatory Powers Bill
	ARRANGEMENT OF CLAUSES PART I COMMUNICATIONS CHAPTER I INTERCEPTION Unlawful and authorised interception Clause   1. Unlawful interception. 2. Meaning and location of "interception" etc. 3. Lawful interception without an interception warrant. 4. Power to provide for lawful interception. 5. Interception with a warrant. Interception warrants 6. Application for issue of an interception warrant. 7. Issue of warrants. 8. Contents of warrants. 9. Duration, cancellation and renewal of warrants. 10. Modification of warrants and certificates. 11. Implementation of warrants. Interception capability and costs 12. Maintenance of interception capability. 13. Grants for interception costs. Restrictions on use of intercepted material etc. 14. General safeguards. 15. Extra safeguards in the case of certificated warrants. 16. Exclusion of matters from legal proceedings. 17. Exceptions to section 16. 18. Offence for unauthorised disclosures. Interpretation of Chapter I 19. Interpretation of Chapter I. CHAPTER II ACQUISITION AND DISCLOSURE OF COMMUNICATIONS DATA 20. Lawful acquisition and disclosure of communications data. 21. Obtaining and disclosing communications data. 22. Form and duration of authorisations and notices. 23. Arrangements for payments. 24. Interpretation of Chapter II. PART II SURVEILLANCE AND COVERT HUMAN INTELLIGENCE SOURCES Introductory 25. Conduct to which Part II applies. Authorisation of surveillance and human intelligence sources 26. Lawful surveillance etc. 27. Authorisation of directed surveillance. 28. Authorisation of covert human intelligence sources. 29. Persons entitled to grant authorisations under ss. 27 and 28. 30. Authorisation of intrusive surveillance. Police and customs authorisations 31. Rules for grant of authorisations. 32. Grant of authorisations in the senior officer's absence. 33. Notification of authorisations for intrusive surveillance. 34. Approval required for authorisations to take effect. 35. Quashing of police and customs authorisations etc. 36. Appeals against decisions by Surveillance Commissioners. 37. Appeals to the Chief Surveillance Commissioner: supplementary. 38. Information to be provided to Surveillance Commissioners. Other authorisations 39. Secretary of State authorisations. 40. Intelligence services authorisations. Grant, renewal and duration of authorisations 41. General rules about grant, renewal and duration. 42. Special rules for intelligence services authorisations. 43. Cancellation of authorisations. Supplemental provision for Part II 44. Power to extend or modify authorisation provisions. 45. Interpretation of Part II. PART III INVESTIGATION OF ELECTRONIC DATA PROTECTED BY ENCRYPTION ETC. Power to require disclosure of key 46. Notices requiring disclosure of key. 47. Disclosure of information in place of key. 48. Arrangements for payments for key disclosure. Offences 49. Failure to comply with a notice. 50. Tipping-off. Safeguards 51. General duties of specified authorities. Interpretation of Part III 52. Interpretation of Part III. PART IV SCRUTINY ETC. OF INVESTIGATORY POWERS AND OF THE FUNCTIONS OF THE INTELLIGENCE SERVICES Commissioners 53. New Commissioners. 54. Co-operation with and reports by new Commissioners. 55. Additional functions of other Commissioners. The Tribunal 56. The Tribunal. 57. Orders allocating proceedings to the Tribunal. 58. Exercise of the Tribunal's jurisdiction. 59. Tribunal procedure. 60. Tribunal rules. 61. Abolition of jurisdiction in relation to complaints. Codes of practice 62. Issue and revision of codes of practice. 63. Effect of codes of practice. PART V MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous 64. Conduct in relation to wireless telegraphy. 65. Warrants under the Intelligence Services Act 1994. 66. Authorisations under Part III of the Police Act 1997. Supplemental 67. Ministerial expenditure etc. 68. Orders, regulations and rules. 69. Criminal liability of directors etc. 70. General saving for lawful conduct. 71. General interpretation. 72. Amendments, repeals and savings etc. 73. Short title, commencement and extent.   SCHEDULES:     Schedule 1 - Persons having the appropriate permission.     Schedule 2 - The Tribunal.     Schedule 3 - Consequential amendments.     Schedule 4 - Repeals.

© Parliamentary copyright 2000

Prepared 10 February 2000