Regulation of
Investigatory Powers (Miscellaneous Provisions) (Jersey) Order 2006
Opening
1 Interpretation
In this Order –
“guardian”, in relation to a source, has the same
meaning as in the Children (Jersey) Law 2002;
“Law” means the Regulation of Investigatory Powers (Jersey)
Law 2005;
“relative” has the same meaning as in the Children (Jersey) Law 2002;
“relevant investigating authority” has the meaning given
by Article 35(7) of the Law and where the activities of a source are to be
for the benefit of more than one public authority, each of these authorities is
a relevant investigating authority;
“source” means a covert human intelligence source;
“undercover operative” means a source who holds an
office, rank or position with a relevant investigating authority.
Covert human intelligence sources
2 Particulars
to be contained in records relating to covert human intelligence sources
The following matters are specified for the purposes of Article 35(5)(d)
of the Law (as being matters particulars of which must be included in the
records relating to each source) –
(a) the identity of the source;
(b) the identity, where
known, used by the source;
(c) any relevant
investigating authority other than the authority maintaining the records;
(d) the means by which the
source is referred to within each relevant investigating authority;
(e) any other significant
information connected with the security and welfare of the source;
(f) any confirmation
made by a person granting or renewing an authorization for the conduct or use
of a source that the information in paragraph (d) has been considered and
that any identified risks to the security and welfare of the source have where
appropriate been properly explained to and understood by the source;
(g) the date when, and the
circumstances in which, the source was recruited;
(h) the identities of the
persons who, in relation to the source, are discharging or have discharged the
functions mentioned in Article 35(5)(a) to (c) of the Law or in Articles 3
to 6 of this Order;
(i) the periods
during which those persons have discharged those responsibilities;
(j) the tasks given
to the source and the demands made of source in relation to his or her
activities as a source;
(k) all contacts or
communications between the source and a person acting on behalf of any relevant
investigating authority;
(l) the information
obtained by each relevant investigating authority by the conduct or use of the
source;
(m) any dissemination by that
authority of information obtained in that way; and
(n) in the case of a source
who is not an undercover operative, every payment, benefit or reward and every
offer of a payment, benefit or reward that is made or provided by or on behalf
of any relevant investigating authority in respect of the source's activities
for the benefit of that or any other relevant investigating authority.
3 Covert
human intelligence sources under 16: prohibition
No authorization may be granted for the conduct or use of a source
if –
(a) the source is under the
age of 16; and
(b) the relationship to
which the conduct or use would relate is between the source and the source’s
parent or any person who has parental responsibility for the source.
4 Covert
human intelligence sources under 16: arrangements for meetings
(1) Where a source is under
the age of 16, the arrangements referred to in Article 35(2)(c) of
the Law must be such that there is at all times a person holding an office,
rank or position with a relevant investigating authority who has responsibility
for ensuring that an appropriate adult is present at meetings to which this
Article applies.
(2) This Article applies to
all meetings between the source and a person representing any relevant
investigating authority that take place while the source remains under the age
of 16.
(3) In paragraph (1)
“appropriate adult” means –
(a) the
parent or guardian of the source;
(b) any
other person who has for the time being assumed responsibility for the
source’s welfare; or
(c) where
no person falling within sub-paragraph (a) or (b) is available, any
responsible person aged 18 or over who is neither a member of nor employed
by any relevant investigating authority.
5 Covert
human intelligence sources under 18: risk assessments etc.
An authorization for the conduct or use of a source may not be
granted or renewed in any case where the source is under the age of 18 at
the time of the grant or renewal, unless –
(a) a person holding an
office, rank or position with a relevant investigating authority has made and,
in the case of a renewal, updated a risk assessment sufficient to demonstrate
that –
(i) the
nature and magnitude of any risk of physical injury to the source arising in
the course of, or as a result of, carrying out the conduct described in the
authorization have been identified and evaluated, and
(ii) the
nature and magnitude of any risk of psychological distress to the source
arising in the course of, or as a result of, carrying out the conduct described
in the authorization have been identified and evaluated;
(b) the person granting or
renewing the authorization has considered the risk assessment and has satisfied
himself or herself that any risks identified in it are justified and, if they
are, that they have been properly explained to and understood by the source;
and
(c) the person granting or
renewing the authorization knows whether the relationship to which the conduct
or use would relate is between the source and a relative, guardian or person
who has for the time being assumed responsibility for the source's welfare,
and, if it is, has given particular consideration to whether the authorization
is justified in the light of that fact.
6 Covert
human intelligence sources under 18: duration of authorizations
In relation to an authorization for the conduct or the use of a
source who is under the age of 18 at the time the authorization is granted
or renewed, Article 40(3) of the Law shall have effect as if the period
specified in sub-paragraph (b) of that paragraph were one month instead of
12 months.
Authorizations
7 Performance
of duty to cancel authorization
(1) Where any duty imposed
by Article 41 of the Law in respect of an authorization granted under
Article 34 or 35 of the Law would otherwise fall on a person who is no
longer able to perform it, that duty is to be performed by –
(a) the
person, if any, appointed for the purposes of this Order in accordance with
paragraph (2); or
(b) where
no such person has been appointed, the person, if any, who holds the same
office, rank or position in the same public authority as was held by the person
who is no longer available and who has taken over that person’s
responsibilities, or most of them.
(2) The person making an
appointment for the purposes of this Order, and the person appointed, must each
be a person holding the same office, rank or position (or a more senior one) in
the same public authority as was held by the person who is no longer available.
8 Delegation of power to grant authorization
A designated person specified in column 1 of the table below may
delegate any power to grant an authorization or give a notice under the Article
of the Law specified in column 3 to an officer in the public authority in
relation to which the person is designated who is of at least the rank or
seniority specified in column 2 –
|
Designated person
|
Officer to whom delegation may be made
|
Article under which authorization or notice may be granted
|
|
Agent of the Impôts
|
Officer of the Impôts of the seniority of assistant director
|
Articles 26, 34 and 35
|
|
Chief Immigration Officer
|
Immigration officer of the seniority of assistant director
|
Articles 26, 34 and 35
|
|
Chief Officer
|
Officer of the Force of the rank of inspector
|
Article 26
|
|
Chief Officer
|
Officer of the Force of the rank of chief inspector
|
Articles 34 and 35.
|
Closing
9 Citation
This Order may be cited as the Regulation of Investigatory Powers
(Miscellaneous Provisions) (Jersey) Order 2006.