Extracts from RIPA 2000

by Brian · 26 July, 2000

Regulation of Investigatory Powers Act 2000

The Regulation of Investigatory Powers (RIP) Bill was introduced in the House of Commons on 9th February 2000 and completed its Parliamentary passage on 26 July.

The Bill received Royal Assent on 28 July.

The Regulation of Investigatory Powers Act 2000 (RIPA) updates the law on the interception of communications to take account of technological change such as the growth of the Internet. It also puts other intrusive investigative techniques on a statutory footing for the very first time; provides new powers to help combat the threat posed by rising criminal use of strong encryption; and ensures that there is independent judicial oversight of the powers in the Act.

Extracts:

Sec 5 (3):

….a warrant is necessary on grounds falling within this subsection if it is necessary-

(a) in the interests of national security;

(b) for the purpose of preventing or detecting serious crime;

(c) for the purpose of safeguarding the economic well-being of the United Kingdom; or

(d) for the purpose, in circumstances appearing to the Secretary of State to be equivalent to those in which he would issue a warrant by virtue of paragraph (b), of giving effect to the provisions of any international mutual assistance agreement.

Sec 25
(1) “relevant public authority” means (subject to subsection (4)) any of the following-

(a) a police force;

(b) the National Criminal Intelligence Service;

(c) the National Crime Squad;

(d) the Commissioners of Customs and Excise;

(e) the Commissioners of Inland Revenue;

(f) any of the intelligence services;

(g) any such public authority not falling within paragraphs (a) to (f) as may be specified for the purposes of this subsection by an order made by the Secretary of State.

(2) Subject to subsection (3), the persons designated for the purposes of this Chapter are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order made by the Secretary of State.

Under subsec. (5), “The Secretary of State shall not make an order under this section that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

Covert human intelligence-gathering Sec 29

An authorisation is necessary on grounds falling within this subsection if it is necessary-

(a) in the interests of national security;

(b) for the purpose of preventing or detecting crime or of preventing disorder;

(c) in the interests of the economic well-being of the United Kingdom;

(d) in the interests of public safety;

(e) for the purpose of protecting public health;

(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or

(g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

(5) An order under this section may amend Schedule 1 by-

(a) adding a public authority to Part I or II of that Schedule;

SCHEDULE 1
RELEVANT PUBLIC AUTHORITIES PART I RELEVANT AUTHORITIES FOR THE PURPOSES OF SS. 28 AND 29
Police forces etc. 1. Any police force.
2. The National Criminal Intelligence Service.
3. The National Crime Squad.
4. The Serious Fraud Office.

The intelligence services 5. Any of the intelligence services.

The armed forces 6. Any of Her Majesty’s forces.

The revenue departments 7. The Commissioners of Customs and Excise.
8. The Commissioners of Inland Revenue.

Government departments 9. The Ministry of Agriculture, Fisheries and Food.
10. The Ministry of Defence.
11. The Department of the Environment, Transport and the Regions.
12. The Department of Health.
13. The Home Office.
14. The Department of Social Security.
15. The Department of Trade and Industry.

The National Assembly for Wales 16. The National Assembly for Wales.

Local authorities 17. Any local authority (within the meaning of section 1 of the Local Government Act 1999).

Other bodies 18. The Environment Agency.
19. The Financial Services Authority.
20. The Food Standards Agency.
21. The Intervention Board for Agricultural Produce.
22. The Personal Investment Authority.
23. The Post Office.

RELEVANT AUTHORITIES FOR THE PURPOSES ONLY OF S. 28
The Health and Safety Executive

24. The Health and Safety Executive.

NHS bodies in England and Wales

25. A Health Authority established under section 8 of the National Health Service Act 1977.
26. A Special Health Authority established under section 11 of the National Health Service Act 1977.
27. A National Heath Service trust established under section 5 of the National Health Service and Community Care Act 1990.

The Royal Pharmaceutical Society of Great Britain

28. The Royal Pharmaceutical Society of Great Britain.

PART III (INVESTIGATION OF ELECTRONIC DATA PROTECTED BY ENCRYPTION ETC.)

Sec 49 (2):

If any person with the appropriate permission under Schedule 2 believes, on reasonable grounds-

(a) that a [cipher] key to the protected information is in the possession of any person,

(b) that the imposition of a disclosure requirement in respect of the protected information is-

(i) necessary on grounds falling within subsection (3), or

(ii) necessary for the purpose of securing the effective exercise or proper performance by any public authority of any statutory power or statutory duty,

(c) that the imposition of such a requirement is proportionate to what is sought to be achieved by its imposition, and

(d) that it is not reasonably practicable for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without the giving of a notice under this section,

the person with that permission may, by notice to the person whom he believes to have possession of the key, impose a disclosure requirement in respect of the protected information.
(3) A disclosure requirement in respect of any protected information is necessary on grounds falling within this subsection if it is necessary-

(a) in the interests of national security;

(b) for the purpose of preventing or detecting crime; or

(c) in the interests of the economic well-being of the United Kingdom.

[My emphasis throughout – BLB]