The regulation of intelligence gathering—an introductory guide

Produced in partnership with Richard Hanstock of Cornerstone Barristers
Practice notes

The regulation of intelligence gathering—an introductory guide

Produced in partnership with Richard Hanstock of Cornerstone Barristers

Practice notes
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STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. In addition, the government has introduced new and amended codes of practice under the Investigatory Powers Act 2016 (IPA 2016) which were brought into force on 6 June 2025 by the Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025, SI 2025/656 (see: LNB News 09/06/2025 23). This Practice Note is in the process of being updated to reflect the changes.

A range of statutory obligations regulate the acquisition, Retention, examination and dissemination of private material by public authorities for intelligence purposes. These include:

  1. Investigatory Powers Act 2016 (IPA 2016)

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Jurisdiction(s):
United Kingdom
Key definition:
Retention definition
What does Retention mean?

Retention is a percentage of the sums payable by way of interim payment deducted by the employer and held until completion. Half of the retention is released on practical completion, the other half on the expiry of the defects liability period or issuance of a certificate of making good defects.

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