Legal background
The activity that may be authorised under the Act was previously authorised using a variety of legal bases. The power used depended on the organisation authorising the conduct and the circumstances in which that conduct took place.
	Part II of RIPA has applied in this area since 2000, providing a framework for the authorisation of three different types of covert activity: directed surveillance, intrusive surveillance, and the use and conduct of CHIS. The effect of a valid authorisation under Part II is that authorised conduct is rendered "lawful for all purposes" by section 27(1).
	Section 27(1) sets out a requirement for the conduct to be in accordance with an authorisation in order for it to be made lawful for all purposes. Therefore, where an authorisation under the Act does not meet the requirements of new section 29B, or where the conduct goes beyond what is permitted by the authorisation, it will not be rendered lawful.
	This Act relates only to CHIS. It does not apply to other types of covert activity regulated by RIPA.
	Within Part II of RIPA, section 26 sets out that a person is a CHIS if –
They establish or maintain a personal or other relationship with a person for the covert purpose of one of the two following activities; or
They covertly use such a relationship to obtain information or to provide access to any information to another person; or
They covertly disclose information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.
	Section 29 provides for the authorisation of the use and conduct of CHIS. An authorisation must be necessary for one of the specified statutory grounds and the conduct authorised must be proportionate to what is sought to be achieved by that conduct. There are various other requirements in section 29 about managing the CHIS and record-keeping.
	The Act provides a statutory power to authorise conduct connected to the conduct of a CHIS that would otherwise be criminal. It does this by amending section 26 of RIPA so that criminal conduct is one of the categories of conduct to which Part II applies. It also inserts a new section 29B which contains a power to issue a new "criminal conduct authorisation". The effect of a valid "criminal conduct authorisation" is that authorised conduct that would otherwise be criminal is rendered lawful for all purposes as a result of section 27(1) of RIPA.