Security Service Act 1989
c. 5
5
SCHEDULES
SCHEDULE
1
INVESTIGATION OF COMPLAINTS
Preliminary
1. Any person may complain to the Tribunal if he is aggrieved by anything
which he believes the Service has done in relation to him or to any property of
his; and, unless the Tribunal consider that the complaint is frivolous or vexatious,
they shall investigate it in accordance with this Schedule.
Investigations and determinations
2.—(1) The Tribunal shall investigate whether the complainant has been the
subject of inquiries by the Service.
(2) If the Tribunal find that the Service has made inquiries about the
complainant but that those inquiries had ceased at the time when the complaint
was made, they shall determine whether, at the time when the inquiries were
instituted, the Service had reasonable grounds for deciding to institute inquiries
about the complainant in the discharge of its functions.
(3) If the Tribunal find that inquiries by the Service about the complainant
were continuing at the time when the complaint was made, they shall determine
whether, at that time, the Service had reasonable grounds for deciding to
continue inquiries about the complainant in the discharge of its functions.
(4) Where it appears to the Tribunal that the inquiries had been or were being
made about the complainant on the ground of his membership of a category of
persons regarded by the Service as requiring investigation in the discharge of its
functions, the Tribunal shall regard the Service as having reasonable grounds for
deciding to institute or continue inquiries about the complainant if the Tribunal
consider that the Service had reasonable grounds for believing him to be a
member of that category.
3. If and so far as the complainant alleges that the Service has disclosed
information for use in determining whether he should be employed, or continue
to be employed, by any person or in any office or capacity specified by him, the
Tribunal shall investigate whether the Service has disclosed information for that
purpose and, if the Tribunal find that it has done so, they shall determine whether
the Service had reasonable grounds for believing the information to be true.
4.—(l) If and so far as the complainant alleges that anything has been done by
the Service in relation to any property of his, the Tribunal shall refer the
complaint to the Commissioner who shall investigate whether a warrant has been
issued under section 3 of this Act in respect of that property and if he finds that
such a warrant has been issued he shall, applying the principles applied by a court
on an application for judicial review, detennine whether the Secretary of State
was acting properly in issuing or renewing the warrant.
(2) The Commissioner shall inform the Tribunal of his conclusion on any
complaint so far as referred to him under this paragraph.
Report of conclusions
5.—(l) Where the Tribunal determine under paragraph 2 or 3 above that the
Service did not have reasonable grounds for the decision or belief in question,
they shall—
(a) give notice to the complainant that they have made a determination in
his favour under that paragraph; and
(b) make a report of their findings to the Secretary of State and to the
Commissioner.
Section 5(1).