North Yorkshire CountyCouncil

Business and Environmental Services

Executive Members

14 December 2022

Covert Activity Policy

Report of the Assistant DirectorGrowth, Planning and Trading Standards

1.0 Purpose of the report

1.1        To review the Covert Activity Policy with the Corporate Director Business and Environmental Services (BES) with the Executive Member for Open for Business, and to seek continued approval for its use.

1.2        To report the Corporate Director (BES) with the Executive Member for Open for Business, on the use made of the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016 and covert activity during October 2021 to September 2022.

2.0       Background to the Report

2.1 The Regulation of Investigatory PowersAct 2000 (RIPA) and the Investigatory Powers Act 2016 (IPA) providea legal frameworkfor the lawful interference with an individual’s right to a privateand family life under article8 of the EuropeanConvention on Human Rights (ECHR) following the Convention’s incorporation into UK law by the Human RightsAct 2000. The Acts allow local authorities to undertake covertactivities within the legal framework providedthat they are done solely for ‘the prevention or detection of crime or disorder’. The Acts does not grantpowers to authorities and does not preventunauthorised covertactivity taking place.However, unauthorised activity may resultin a claim for breachof human rightsagainst the County Council, and in cases where the covert activityhas secured evidencefor use in criminal trials, that evidence may be excludedby a judge as unfairlyobtained.

2.2 The trading standards service uses RIPA and IPA in the courseof investigations into offences contrary to consumer protection legislation and the Fraud Act 2006,and conspiracy to defraudcontrary to common law. VeritauLtd investigates theftfrom and fraud against the County Council and might also adopt covert techniques to secure evidence in such cases. Service departments will also investigate gross misconduct involvingfinancial or other abuseof clients.

3.0       CovertActivity Policy

3.1 Executive Membersand the Corporate Director (Business and Environmental Services) last reviewedthe Covert ActivityPolicy on 17 December 2021. There have been no legislative changes since the last report, however, the Authority was inspected by the Investigatory Powers Commissioner’s Office (IPCO) on 30 November 2021. In the last report it was noted that verbal feedback from the inspection had been positive although the written report was awaited. The Chief Executive received a letter from the Investigatory Powers Commissioner, the Rt. Hon. Sir Brian Leveson, setting out the findings of the inspection in December 2021. It was noted that, as in the previous inspection in 2018, there were no compliance issues. One suggestion was made verbally to expand the detail of the purpose of non-RIPA surveillance in annex 2 of the policy and this was reported on and approved on 17 December 2021. The letter concluded; ‘…your core team is to be congratulated on the overall thoroughness, clarity and proper maintenance of these key policy documents and practices.’      

3.2 The Act requires local authorities to have a collaboration agreement with a body certified by the Secretary of State to act as the singlepoint of contact with telecommunications providers for the acquisition of communications data under IPA. NYCC continues to be a member of the NationalAnti-Fraud Network (NAFN),which is so certified. NYCC officers make applications via the NAFN website.NAFN completes all contactwith communication providers and submitsapplications on to the Officefor Communications Data Authorisations (OCDA).

3.3 During the inspection, officers brought local government reorganisation to the attention of the inspector. This was noted in the Commissioner’s letter; ‘I am aware that in April 2023, significant changes to local democracy will take place, with a single new Council for North Yorkshire replacing the present County and seven District and Borough councils. Whilst this has therefore been the final IPCO inspection of your authority in its current state, I understand there will be some continuity of staff into the new body, which should ensure your good practices continue.’  The Regulatory Services and Governance workstreams are coordinating to ensure that suitable arrangements are in place for vesting day.

4.0       Reporton Covert Activity

4.1 From October 2021 to September 2022, there were no applications or authorisations for the use of directed surveillance or of a covert human intelligence source (CHIS) under RIPA.

4.2 From October 2021 to September2022 applications were made via NAFN, and authorisations grantedto acquire the following communications data:

Date	Type of Authorisation	Investigation	Outcome
November 2021	Entity data	Misuse of trade mark and approval/certification marks in connection with roofing work	Trader could not be located
December 2021	Entity data and event data	Doorstep crime	On-going prosecution for conspiracy to defraud and money laundering
April 2022	Entity and event data	Withheld as on-going	Investigations on-going

5.0       Training

5.1       One officer attended the NAFN annual conference which provided training sessions on the Investigatory Powers Act 2018 and data protection. Thirteen officers attended a RIPA 2000 Refresher Workshop – Digital Services Act and social media provide by the Central England Trading Standards Authorities (CEnTSA), and two officers attended training on the use of CCTV in evidence, also provided by CEnTSA. 

6.0       Oversight

6.1 No IPCO inspection took place at NYCC during the reporting period. NAFN has an annual inspection which took place in November 2021. It was reported in the NAFN Annual report that:

            ‘Our annual inspection by the Investigatory Powers Commissioners Office took place in November and I am pleased to report another great outcome. The inspection recorded no recommendations and offered a small number of observations, which provided us with an opportunity to review processes and policies. A number of observations of good practice were also highlighted, reflecting on the high-quality service already provided by the NAFN communications data SPOCs, demand for which continues to go from strength to strength.’

6.2 IPCO requires an annual return of the numbers of directed surveillance and CHIS authorisations granted for the calendar year by 31 January in the followingyear. Figures for 2021 were returned to IPCO on 24 January 2022. The next return is due by 31 January2023.

7.0       Legal Implications

7.1       Reviewing and reporting on the policyand its use enable compliance with the Acts and codes of practice issued under RIPA and IPA. There are no other legal implications from this report itself althoughensuring that a policyis in place and properly implemented helps to protect the County Councilfrom claims for breaches of article 8 of the EuropeanConvention on Human Rights (the right to a private and family life) and from the exclusion of evidence in criminalproceedings.

8.0       Financial Implications

8.1       There are no financial implications arising from this report.

9.0       Equalities Implications

9.1       It is the view of officers that there are no equalities implications arising from the recommendations. A decision record sheet covering the decision not to complete an equalities impact assessment in relation to the covert activity policy is attached as appendix B.

10.0     Climate Change

10.1     Consideration has been given to the potential for any climate impacts arising from the recommendation. It is the view of officers that the recommendation has a neutral impact on the environment of North Yorkshire and on our aspiration to achieve net carbon neutrality by 2030 and a copy of the Climate change impact assessment screening form is attached as appendix C.

10.0      Recommendations

10.1 That the Corporate Director (BES) with the Executive Member for Open for Business, notes the use made of RIPA from October 2021 – September 2022.

10.2 That the Corporate Director (BES) with the Executive Member for Open for Business, approves the continued use of the Covert Activity Policy.

DAVID CAULFIELD

Assistant Director Growth,Planning and TradingStandards

Author of report:Jo Boutflower, Head of Businessand Consumer Services

Background documents: None

COVERT ACTIVITYPOLICY

SCOPE:

This policyapplies to all employees of North Yorkshire County Council.

PURPOSE:

· To set the criteriaunder which authorisation of covert activityunder the Regulation of Investigatory PowersAct 2000 may be granted.

· To set the criteriaunder which authorisation of covert activityoutside the Regulation of Investigatory Powers Act 2000 may be granted.

· To designateofficers who may authorise covert activity.

· To set requirements for the internaloversight of covertactivity.

1. THE LEGAL FRAMEWORK

The EuropeanConvention on Human Rights (ECHR)was incorporated into UK law by the Human Rights Act 1998. Article8 of ECHR sets out that everyonehas the right to “…respect for his privateand family life, his home and his correspondence”,and that a local authority may not interferewith this right except“…as is in accordance with the law and is necessaryin a democratic society…for the prevention of…crime…”¹

The Regulation of Investigatory PowersAct 2000 (RIPA) was enacted to put a framework in place to allow for the lawfulinterference of an individual’s article 8 rightsin compliance with ECHR. It was supplemented by the Investigatory Powers Act 2016 (IPA) and the Acts defines three types of covert activitywhich may be undertaken by local authorities. These are:

1.1 Directed Surveillance

This is surveillance which is not intrusive² but which is targetedat an individual or individuals, is covert, and is likelyto result in the obtainingof private information³.

Private information includes any information relatingto a person’s private or family life⁴, including family or professional/business relationships. Information which appearspublic, such as conversations in the street or material postedon social media, may still be privateinformation as it will be likelythat the individual has a reasonable expectation of privacyeven though they are actingin public⁵.

1.2 Covert Human Intelligence Sources(CHIS)

A personis a CHIS if he establishes or maintains a personal or other relationship with a person for the covert purposeof facilitating:

· the covert use of such a relationship to obtain information or to provide access to any information to another person; or

· the covert disclosure of information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.⁶

1 RIPA sets out other statutory grounds (ss. 22(2), 28(3) and 29(3)) but local authorities may only use RIPA ‘for the preventing or detecting of crime’ (see Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 and Regulation of Investigatory Powers (Communications Data) Order 2010. See also s. 60A(7) Investigatory Powers Act 2016 IPA

2 Intrusive surveillance is surveillance that takes place on residential premisesor in a private vehicle by means of an individual or surveillance device on the premises or in the vehicle (S.26(3) RIPA).

3 S.26(2) RIPA

4 S.26(10) RIPA

5 Para 3.4, page 16, Covert Surveillance and Property Interference Code of Practice (August 2018)

6 S.26(8) RIPA

1.3 Acquisition of Communications Data

Communications data is the ‘who’, ‘when’,‘where’ and ‘how’ of a communication but not the content.There are currentlytwo categories of communications data:

Entity data⁷ - which identifies the location a communication was sent from or its destination. It includesIP addresses, cell site (locationby triangulation from mobile phone masts) data, online parceltracking.

Events data⁸ - the use made by a person of a communication service. This would include outgoing call logs or information about redirection services.

Local authorities may not obtain internetconnection records, a type of events data.

1.4 Restricted CovertActivity

Local authorities may not undertakethe following types of covert activityunder the framework:

· intrusive surveillance⁹,

· property interference¹⁰, or

· the interception of communications¹¹.

Intrusive surveillance is surveillance that takes place on residential premises or in a privatevehicle by means of an individual or surveillance deviceon the premises or in the vehicle. Property interference is the entry onto or interference with propertyor wireless telegraphy. It would include, for example, the fitting of a trackingdevice to a vehicle¹² or the installation of a recordingdevice in a residential property. The interception of a communication is anythingwhich obtains the contentof that communication, for example, placing a wiretap on a phone.

1.5 Authorisation of CovertActivity under RIPA

Covert activitywhich meets the RIPA criteriamust be authorised in accordance with the Act. An application must be made on the appropriate form¹³ and authorised by an officermeeting the prescribed offices, ranks,and position¹⁴. The authorisation will not be valid until judicialapproval has been obtainedfrom a magistrates’ court¹⁵ and so covert activitymust not take place until both the internalauthorisation and judicial approvalhave been obtained. Authorisations must be cancelledas soon as the activity is concluded¹⁶. Further information about the authorisation processcan be found in the Covert ActivityProcedures document.

7 S.261(3) of the Investigatory Powers Act 2016 (IPA)

8 S.261 (4) IPA – see also s. 62 IPA for the restriction in relation to internet connection records

9 S.26(3) RIPA

10 Paragraph 7.1, page56,Covert Surveillance and Property Interference Code of Practice (August 2018)

11 Ss.18 and 73 IPA

12 It is not property interference for a vehicle owner or operator to fit such a device, see paragraph 7.49, page 66, Covert Surveillance and Property Interference Code of Practice (August 2018) for public authority vehicles 13Current forms may beobtained from the trading standards service, legal services or Veritau

14 The list of current authorising officers & designated officers can be found at appendix 1

15     Ss. 37 & 38 Protection of Freedoms Act 2012

16 Regulation of Investigatory Powers (Cancellation of Authorisation) Regulations 2000

1.6 Authorisation of CovertActivity outside RIPA

The Investigatory Powers Tribunal has considered the authorisation and use of covert activityoutside the RIPA framework. It has observedthat:

“RIPA does not requireprior authorisation to be obtainedby a public authorityin order to carry out surveillance. Lack of authorisation does not necessarily mean that the carrying out of directed surveillance is unlawful”¹⁷.

The tribunalhas considered in detailthe process of authorising activity outside RIPA. The case¹⁸ involved the placing of a covert silentvideo recorder in the sittingroom of a flat occupied by a severelydisable young womanin response to a number of petty thefts.The thefts did not meet the ‘serious’¹⁹ threshold for intrusive surveillance under RIPA. A superintendent had authorised the covert activityand had recorded her reasons:

“…the particular conduct could not be authorised under RIPA but that this did not necessarily mean that the actions proposed could not be lawfully undertaken, even though it would be withoutthe protection that an authorisation under RIPA would afford. The Act itselfstates that any such deployment outside RIPA does not necessarily mean that it is unlawful.”²⁰

The superintendent had considered the necessityand proportionality of the activity and the risk of collateral intrusion. She had also considered guidance issued by the Officeof the Surveillance Commissioner.²¹

The Investigatory Powers Tribunal agreed with the submission by Cleveland Police that the force had acted “…exactly as the publicwould have expected it to act”.The tribunal endorsed the procedureadopted by the superintendent, “i.e.,a procedure as close as possibleto that which wouldbe adopted if an authorisation could be obtained from a…relevant authorising officer[under RIPA].”

1.7 Authorisation of the Acquisition of Communications Data

Communications data may only be obtainedusing the IPA framework. Otherstatutory powers must not be used to acquirecommunications data.

Applications must be made via a collaboration agreement partner,currently NAFN, and approvedby the Office for Communications Data Authorisations. Applicants must make a relevant seniorofficer (as listedin Appendix 1) aware of the application before it is submitted.

All contactwith a communications provider must be via the singlepoint of contact(SPOC) employed by the collaboration partner.

17 C and the Police & Secretary of State forthe Home Department IPT/03/32/H

18     BA & others and the Chief Constable of Cleveland Police IPT/11/129/CH, IPT/11/133/CH & IPT/12/72/CH

19 Intrusive surveillance may only be undertaken in relation to ‘serious’ crime as defined by ss.80(2) and (3)

20 S.80 (general saving for lawful conduct)

21 OSC Procedures & Guidance, December 2011, paragraphs 231‐233

1.8 Data Assurance

Regard must be had to the guidanceon the procedures and safeguards to be applied in relation to the handling of any materialobtained by the use of covert means set out in each code of practice²².

Such materialmust be clearly labelledand identified on each data pathwayon which it is stored. Applications shouldidentify the data pathwaysto be used to store material in order that the authorising officer understands where it will be storedand can give appropriate instructions within the authorisation. Officers must comply with the North Yorkshire County CouncilDocuments and Record Management Policyand covert activityprocedures in allocating a retention periodto material.

The annualreport to Membersincludes the resultsof data safeguarding dip sampling whichis undertaken by the RIPA co-ordinator.

2. USE OF COVERT ACTIVITY BY NYCC OFFICERS

Covert techniques may be used by NYCC officers actingin the courseof their employment only in the accordance with the tableset out in Appendix2 of this policy. Wherea company or individual²³ is contracted by NYCC to undertake covert activity,such activity must be authorised as if it was undertaken by NYCC employees and only in accordance with the table in Appendix 2.

Authorised covertactivity may only be undertaken in accordance with the Covert Activity Procedures. This document is maintained by the RIPA Co-ordinating Officer,from whom a copy can be obtained.

The welfareobligations arising from the use and conductof CHIS are such that NYCC is not equippedto meet them properly. Accordingly, third party (non- employee)CHIS will only be deployedin joint operations with a police force in situations where the force concernedcan source, authorise, manage and safeguardthe CHIS.

Surveillance product must be storedand disposed of in accordance with the Documents and Records Management Policy, and only used for the purposefor which it was obtained.

If covertactivity concerns the acquisition of communications data,the National Anti- Fraud Network (NAFN)²⁴ mustbe used to fulfil the SPOC function.

22 Chapter 9, Covert Surveillance and Property Interference Revised Code of Practice, August 2018 Chapter 8, Covert Human Intelligence Sources Revised Code of Practice, August 2018

Chapter 7, Acquisition and Disclosure of Communications Data Codeof Practice, March 2015

23 Including Veritau Ltd when acting asNYCC’s internal fraud investigator

24 See appendix 1 for contact details to obtain access to NAFN. A collaboration agreement is now a requirement by virtue of s. 74 IPA

3. SENIOR RESPONSIBLE OFFICER

The seniorresponsible officeris the Assistant Director - Growth,Planning and TradingStandards reportingto the Corporate Director - Businessand Environmental Services. He is responsible for²⁵:

· ensuring authorising officers are of an appropriate standard,

· ensuring the integrity of the CHIS process,

· overseeing the reportingof errors,

· implementing any actionplans following inspections.

4. RIPA CO-ORDINATOR

The RIPA co-ordinator function is providedby the trading standardsservice²⁶.The RIPA co-ordinator undertakes the following functions:

· maintains a central record or directed surveillance and CHIS²⁷,

· contacts the nominated officer in each relevantservice area to obtain quarterly updateson training needs,

· manages the arrangement and provision of appropriate training,

· maintains the Covert Activity Policy and Covert Activity Procedures documents.

5. TRAINING

Any officerwho intends to apply for a covertactivity authorisation must receive appropriate training and all officers using coverttechniques will receive on-goingannual training relevantto their covertactivities and responsibilities. This must be considered as part of the annual appraisal processfor relevant employees. The RIPA co-ordinator maintains a registerof training needs.

6. OVERSIGHT

BES ExecutiveMembers receive quarterlyupdates on the use of RIPA, and also consideran annual report on the CovertActivity Policy to ensure that it is fit for purpose and being implemented properly.

25 Paragraph 4.41, page 39 Covert Surveillance and Property Interference Code of Practice (August 2018) and paragraph 9.1, page 55, Covert Human Intelligence Sources Code of Practice (August 2018)

26 See appendix 1 for contact details

27 Paragraphs 8.1 and 8.2, pages 68‐69, Covert Surveillance and Property Interference Code of Practice (August 2018) and paragraph 7.1, page 35, Covert Human Intelligence Sources Code of Practice (August 2018)  

Authorising Officers Head of Paid Service Chief Executive

Legal & Democratic Services

Assistant Chief Executive(Legal & Democratic Services) (Acting Head of Paid Service in the absenceof the Chief Executive)

Legal Manager(People)

Legal Manager(Corporate Services)

Growth, Planningand Trading StandardsHead of Business& Consumer Services Head of Multi-agency Safeguarding Team

Senior Responsible Officer

Assistant Director(Growth, Planning and Trading Standards)

RIPA Coordinating Officer

Head of Business and ConsumerServices – in respectof training and day to day management

Intelligence and Information AssetsOfficer – in respect of the central record,source record and audit

To arrangeauthorisation to access NAFN please contact the Head of Businessand Consumer Services

Covert activitymay only be undertaken in accordance with this table:

ACTIVITY^28	SERVICE^29	PURPOSE
DS	TS	investigations into criminal offences suspected to have been committed in connection with the supply of goods or services by a business to consumer(s) and which attract at least a maximum penalty of up to six months’ imprisonment
DS	TS	investigations into suspected criminal offences arising from the sale of alcohol or tobacco products to those under the age of 18
DS	IF	investigations into theft and fraud perpetrated against NYCC
NR-IS	TS	investigations into fraud and unfair commercial practices^30 perpetrated in a repeated and targeted manner against vulnerable residents
NR-IS	IF	investigations into fraud or theft perpetrated against a resident of County Council residential premises.
NR-IS	IF or service depts	investigations into gross misconduct by an NYCC employee using their employment to facilitate financial or other abuse of vulnerable NYCC clients and service users.
CHIS	TS	to facilitate online test purchase operations involving the use of a covert identity and communication with an individual suspected of a criminal offence suspected to have been committed in connection with the supply of goods or services by a business to consumer(s) and which attracts at least a maximum penalty of up to six months’ imprisonment
CHIS	TS	to facilitate face to face test purchase operations and/or to collect goods ordered online from an individual suspected of a criminal offence suspected to have been committed in connection with the supply of goods or services by a business to consumer(s) and which attracts at least a maximum penalty of up to six months’ imprisonment
CD	TS	Events and/or entity data for investigations into criminal offences suspected to have been committed in connection with the supply of goods or services by a business to consumer(s)
CD	IF	investigations into theft and fraud perpetrated against NYCC

28 DS = directed surveillance, CHIS = use and conduct of a covert human intelligence source, CD = acquisition of communications data, NR‐DS = directed surveillance outside RIPA, NR‐IS = intrusive surveillance authorised outside RIPA

29 TS = trading standards, IF = internal fraud investigators (Veritau Ltd)

30 As defined by the Consumer Protection from Unfair Trading Regulations 2008

Initial equality impact assessment screening form (As of October 2015, this form replaces ‘Record of decision not to carry out an EIA’) This form records an equality screening process to determine the relevance of equality to a proposal, and a decision whether or not a full EIA would be appropriate or proportionate.
Directorate	BES
Service area	Trading Standards
Proposal being screened	Revised Covert Activity Policy
Officer(s) carrying out screening	Jo Boutflower
What are you proposing to do?	Review and amend the covert activity policy to include details of data assurance methods.
Why are you proposing this? What are the desired outcomes?	To ensure that covert activity and the acquisition of communications data can be undertaken in appropriate circumstances in a lawful, necessary and proportionate manner with safeguards in place to protect the human rights of third parties, and clients and employees of the County Council.
Does the proposal involve a significant commitment or removal of resources? Please give details.	No.
Is there likely to be an adverse impact on people with any of the following protected characteristics as defined by the Equality Act 2010, or NYCC’s additional agreed characteristics? As part of this assessment, please consider the following questions: · To what extent is this service used by particular groups of people with protected characteristics? · Does the proposal relate to functions that previous consultation has identified as important? · Do different groups have different needs or experiences in the area the proposal relates to? If for any characteristic it is considered that there is likely to be a significant adverse impact or you have ticked ‘Don’t know/no info available’, then a full EIA should be carried out where this is proportionate. You are advised to speak to your Equality rep for advice if you are in any doubt.
Protected characteristic		Yes	No		Don’t know/No info available
Age			X
Disability			X
Sex (Gender)			X
Race			X
Sexual orientation			X
Gender reassignment			X
Religion or belief			X
Pregnancy or maternity			X
Marriage or civil partnership			X
NYCC additional characteristic
People in rural areas			X
People on a low income			X
Carer (unpaid family or friend)			X
Does the proposal relate to an area where there are known inequalities/probable impacts (e.g., disabled people’s access to public transport)? Please give details.		No.
Will the proposal have a significant effect on how other organisations operate? (e.g., partners, funding criteria, etc.). Do any of these organisations support people with protected characteristics? Please explain why you have reached this conclusion.		No.
Decision (Please tick one option)		EIA not relevant or proportionate:	X	Continue to full EIA:
Reason for decision		The amended policy ensures that covert activity is only undertaken where the impact, and particularly the right to respect for private and family life under article 8 of the European Convention on Human Rights, on anyone who is the subject of, or collateral to, the covert activity has been considered and that it is considered by a senior officer that despite the risk of intrusion, the activity is necessary and proportionate bearing in mind the objective it seeks to achieve, and that the policy reflects the current law. The revised policy will ensure that covert activity is deployed in a consistent manner and that it is not deployed in response to an individual’s protected characteristics.
Signed (Assistant Director or equivalent)		David Caulfield
Date		25/11/22

Climate change impact assessment                                                                                                                         

The purpose of this assessment is to help us understand the likely impacts of our decisions on the environment of North Yorkshire and on our aspiration to achieve net carbon neutrality by 2030, or as close to that date as possible. The intention is to mitigate negative effects and identify projects which will have positive effects.

This document should be completed in consultation with the supporting guidance. The final document will be published as part of the decision making process and should be written in Plain English.

If you have any additional queries which are not covered by the guidance please email climatechange@northyorks.gov.uk

Title of proposal	Covert Activity Policy
Brief description of proposal	Annual report on the use of covert activity and review of the policy
Directorate	BES
Service area	Growth, Planning and Trading Standards
Lead officer	Jo Boutflower
Names and roles of other people involved in carrying out the impact assessment	N/A
Date impact assessment started	25/11/22

Options appraisal

Were any other options considered in trying to achieve the aim of this project? If so, please give brief details and explain why alternative options were not progressed.

There is no alternative. RIPA and IPA provide a legislative framework to manage the lawful interference with an individual’s article 8 ECHR rights. Statutory codes of practice recommend an annual report on the use of the legislation.

What impact will this proposal have on council budgets? Will it be cost neutral, have increased cost or reduce costs?

Please explain briefly why this will be the result, detailing estimated savings or costs where this is possible.

It is cost neutral but compliance with RIPA and IPA ensures the council acts lawfully when it undertakes covert activity.  

How will this proposal impact on the environment? N.B. There may be short term negative impact and longer term positive impact. Please include all potential impacts over the lifetime of a project and provide an explanation.		Positive impact (Place a X in the box below where relevant)	No impact (Place a X in the box below where relevant)	Negative impact (Place a X in the box below where relevant)	Explain why will it have this effect and over what timescale? Where possible/relevant please include: · Changes over and above business as usual · Evidence or measurement of effect · Figures for CO2e · Links to relevant documents	Explain how you plan to mitigate any negative impacts.	Explain how you plan to improve any positive outcomes as far as possible.
Minimise greenhouse gas emissions e.g. reducing emissions from travel, increasing energy efficiencies etc.	Emissions from travel		X
	Emissions from construction		X
	Emissions from running of buildings		X
	Other		X
Minimise waste: Reduce, reuse, recycle and compost e.g. reducing use of single use plastic			X
Reduce water consumption			X
Minimise pollution (including air, land, water, light and noise)			X
Ensure resilience to the effects of climate change e.g. reducing flood risk, mitigating effects of drier, hotter summers			X
Enhance conservation and wildlife			X
Safeguard the distinctive characteristics, features and special qualities of North Yorkshire’s landscape			X
Other (please state below)			X

Are there any recognised good practice environmental standards in relation to this proposal? If so, please detail how this proposal meets those standards.

 N/A

Summary Summarise the findings of your impact assessment, including impacts, the recommendation in relation to addressing impacts, including any legal advice, and next steps. This summary should be used as part of the report to the decision maker.

The proposal has not impact on the environment, it ensures the council acts lawfully in the conduct of its investigations.

Sign off section

This climate change impact assessment was completed by:

Name	Jo Boutflower
Job title	Head of Business and Consumer Services
Service area	Trading Standards (GPTS)
Directorate	BES
Signature	J L Boutflower
Completion date	25/11/22

Authorised by relevant Assistant Director (signature): David Caulfield

Date: 30/11/22