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COVERT SURVEILLANCE
CHAPTER 2: RELATIONSHIP WITH THE UK REGULATION OFINVESTIGATORY POWERS ACT 2000
2.1 The 2000 Act is the appropriate legislation for the authorisation of surveillance which:
a. will mainly take place outwith Scotland; or
b. will start outwith Scotland; or
c. is for reserved purposes such as national security or economic well-being.
2.2 Where the conduct authorised is likely to take place in Scotland, authorisations should be granted under the RIP(S) Act, unless the authorisation is being obtained by certain public authorities (see section 46 of the 2000 Act and the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2000; SI No. 2418). The RIP(S) Act is the appropriate legislation and should be used by Scottish public authorities for all other surveillance (see paragraphs 5.29 - 5.31 in relation to the recording of telephone or other conversations).
2.3 The 2000 Act contains provisions to allow cross border operations. An authorisation under the RIP(S) Act will allow Scottish public authorities to conduct surveillance anywhere within the UK for a period of up to 3 weeks at a time (see section 76(2) of the 2000 Act). This 3-week period will restart each time the border is crossed, provided it remains within the original validity period of the authorisation.
2.4 The 2000 Act authorises surveillance operations in Scotland by public authorities (listed in Schedule 1 of the 2000 Act) other than those specified in section 8(3) of the RIP(S) Act or designated by an Order under section 8(4).
2.5 Authorisations under the 2000 and the RIP(S) Acts can also be given for surveillance outside the United Kingdom. Authorisations for actions outside the United Kingdom can only validate them for the purposes of legal proceedings in the UK. The requirements of the country outside the United Kingdom in which the investigation or operation is taking place will have to be separately addressed.
2.6 A separate code of practice, pursuant to section 71 of the 2000 Act, applies in relation to authorisations made under that Act. That code of practice is extended to Scotland in relation to authorisations made under Part II of the 2000 Act which apply to Scotland.
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