10
c. 13
SCH.
Intelligence Services Act 1994
1
(b) make a report of their findings to the Secretary of State and to the
Commissioner.
(2) The Tribunal shall also give notice to the complainant of any
determination in his favour by the Commissioner under paragraph 5 above.
(3) Where in the case of any complaint no such determination as is mentioned
in sub-paragraph (1) or sub-paragraph (2) above is made by the Tribunal or the
Commissioner, the Tribunal shall give notice to the complainant that no
determination in his favour has been made on his complaint.
Special references by Tribunal to Commissioner
7.—(1) If in any case investigated by the Tribunal—
(a) the Tribunal's conclusions on the matters which they are required to
investigate are such that no determination is made by them in favour of
the complainant; but
(b) it appears to the Tribunal from the allegations made by the complainant
that it is appropriate for there to be an investigation into whether the
Intelligence Service or GCHQ has in any other respect acted
unreasonably in relation to the complainant or his property,
they shall refer that matter to the Commissioner.
(2) The Commissioner may report any matter referred to him under subparagraph (1) above to the Secretary of State.
Remedies
8.—(l) Where the Tribunal give a complainant notice of such a determination
as is mentioned in paragraph 6(1) above, the Tribunal may do either or both of
the following, namely,—
(a) direct that the obtaining and provision of information in relation to the
complainant or, as the case may be, the conduct of other activities in
relation to him or to any property of his shall cease and that any records
relating to such information so obtained or provided or such other
activities shall be destroyed;
(b) direct the Secretary of State to pay to the complainant such sum by way
of compensation as may be specified by the Tribunal.
(2) Where the Tribunal give a complainant notice of such a determination as
mentioned in paragraph 6(2) above, the Tribunal may do either or both of the
following, namely,—
(a) quash any warrant or authorisation which the Commissioner has found
to have been improperly issued, renewed or given and which he
considers should be quashed;
(b) direct the Secretary of State to pay to the complainant such sum by way
of compensation as may be specified by the Commissioner.
is
(3) Where the Secretary of State receives a report under paragraph 7(2) above,
he may take such action in the light of the report as he thinks fit, including any
action
the Tribunal have power to take or direct under the preceding
provisions of this paragraph.
Supplementary
9. The persons who may complain to the Tribunal under this Schedule include
any organisation and any association or combination of persons.
10.—(I) No complaint shall be entertained under this Schedule if and so far
as it relates to anything done before the date on which this Schedule comes into
force.