Jurisdiction(s):
United Kingdom

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Key definition

Code of practice definition

What does Code of practice mean? In legal practice, a code of practice is authoritative written guidance setting standards and procedures that organisations and individuals are expected to follow in a particular regulatory area. The term is descriptive rather than a single statutory definition; a code’s legal weight depends on the legislation under which it is made or approved and on case law. Across the UK and Ireland, many codes have statutory status: courts and tribunals may, or must, take them into account, and non-compliance is persuasive evidence of breach even though a code is not, by itself, law. Examples include: the ACAS Code of...

Equipment Interference under the UK Investigatory Powers Act 2016: targeted/examination warrants, equipment data, issuing powers, judicial approval, modifications, and safeguards for legal privilege and confidential journalistic material

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Practice notes

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The Investigatory Powers Act 2016 (IPA 2016)

IPA 2016 sits at the heart of the statutory regime that regulates covert surveillance undertaken by public authorities. Historically, much of this regime—though not all—was housed in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The rules addressing powers to interfere with equipment and property are contained in IPA 2016, Pt 5. These operate alongside the powers available to the intelligence agencies (GCHQ, MI5 and SIS) under sections 5 and 7 of the Intelligence Services Act 1994.

Under IPA 2016, s 13, the intelligence services must secure an equipment interference warrant to obtain communications, private information or equipment data where, without such a warrant, the conduct would constitute an offence under the Computer Misuse Act 1990 and there is a British Islands connection. The Home Office has published a Code of practice on Equipment Interference relating to the exercise of functions conferred by IPA 2016, Pt 5 and Pt 6, Ch 3, and it is essential reading for all lawyers advising on this area of law. As the Code explains: equipment interference describes a range of techniques used by the equipment...

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Web page updated on 21/05/2026

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