Resources

Legislation and Codes of Practice

The legislation and associated codes of practice referenced on this page are related to the work of the Tribunal.

Legislation

The following pieces of legislation set out the jurisdiction of the Tribunal and the powers of certain public bodies, including the intelligence services, to use investigatory powers, carry out covert surveillance and to interfere in property or wireless telegraphy. The legislation also includes the processes by which warrants may be granted or authorisation given to the public body to use these powers.

Regulation of Investigatory Powers Act 2000 (RIPA)

The Tribunal was established by RIPA. It sets out the Tribunal’s powers and also contains other parts of relevance to the jurisdiction of the Tribunal

Regulation of Investigatory Powers Act 2000 (legislation.gov.uk)

The Investigatory Powers Act 2016 (IPA)

This provides the main legal framework governing the use of covert surveillance by public bodies

Investigatory Powers Act 2016 (legislation.gov.uk)

Regulation of Investigatory Powers (Scotland) Act 2000 (RIP(S)A)

This Act regulates the use of covert surveillance powers by certain, but not all, public authorities in Scotland

Regulation of Investigatory Powers (Scotland) Act 2000 (legislation.gov.uk)

Human Rights Act 1998 (HRA)

The Tribunal can determine certain claims under section 7 HRA where it has jurisdiction. Schedule 1 to the Act lists the full range of human rights or freedoms which are protected in UK law.

Human Rights Act 1998 (legislation.gov.uk)

Intelligence Services Act 1994

This Act deals with the powers of the Secret Intelligence Service and GCHQ. It includes powers to grant warrants for interference in wireless telegraphy by them and the Security Service (MI5)

Intelligence Services Act 1994 (legislation.gov.uk)

Police Act 1997

Part III contains powers in relation to property and wireless telegraphy interference

Police Act 1997 (legislation.gov.uk)

The Security Service Act 1989

This Act deals with the powers of the Security Service (MI5).

Security Service Act 1989 (legislation.gov.uk)

The Covert Human Intelligence Sources (Criminal Conduct) Act 2021

This Act amend Part II of RIPA in relation to the authorisation of Covert Human Intelligence Sources (CHIS) to participate in criminal conduct

Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (legislation.gov.uk)

Codes of Practice

The legislation is supported by statutory codes of practice on each of the key investigatory powers.

These codes set out the processes and safeguards governing the use of investigatory powers by public authorities including the police and security and intelligence agencies. They give detail on how the relevant powers should be used, including examples of best practice. The codes of practice have statutory force and individuals exercising functions to which the codes relate must have regard to them. They may be taken into account by the Tribunal when determining a question arising from the use of these powers.

Interception of Communications

17-04-24_Interception code of practice PUBLIC CONSULTATION (publishing.service.gov.uk)

Covert Human Intelligence Sources

CHIS Code draft formatted (publishing.service.gov.uk)

Acquisition and Disclosure of Communications Data

Communications_Data_Code_of_Practice.pdf (publishing.service.gov.uk)

Covert Surveillance and Property Interference

CHIS Code (publishing.service.gov.uk)

Investigation of Protected Electronic Information

CHIS Code draft formatted (publishing.service.gov.uk)

Equipment Interference

Equipment Interference – Code of Practice (publishing.service.gov.uk)