Although the Investigatory Powers Act 2016 (IPA 2016) repealed and replaced the majority of the Regulation of Investigatory Powers Act 2000 (RIPA 2000), it does not alter the Rules regulating the use of covert intelligence sources which remain governed by RIPA 2000.

The Covert Human Intelligence Sources (CHIS) Code of practice provides guidance on authorisations for the use or conduct of CHIS sources by public authorities under RIPA 2000, s 29 and on Criminal Conduct Authorisations under RIPA 2000, s 29B in addition to guidance on the handling of any information obtained by authorisation of a CHIS. It should be considered alongside the legislation when considering any authorisation for surveillance. All codes of practice relating to RIPA 2000 are admissible as evidence in criminal and civil proceedings and if any provision appears relevant in proceedings under RIPA 2000, it must be taken into account. Public authorities may be required to justify authorisations with regard to the codes of practice.

Before authorising applications for directed or intrusive surveillance, the authorising officer should also take into account the risk of obtaining