188
Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
(iv)
the continued discharge of the functions of any of the
intelligence services.
(5)
Before making a decision under subsection (1)(a) or (b), the Investigatory
Powers Commissioner must ask the public authority which has made the error
to make submissions to the Commissioner about the matters concerned.
(6)
When informing a person under subsection (1) of an error, the Investigatory
Powers Commissioner must—
(a) inform the person of any rights that the person may have to apply to the
Investigatory Powers Tribunal, and
(b) provide such details of the error as the Commissioner considers to be
necessary for the exercise of those rights, having regard in particular to
the extent to which disclosing the details would be contrary to the
public interest or prejudicial to anything falling within subsection
(4)(b)(i) to (iv).
(7)
The Investigatory Powers Commissioner may not inform the person to whom
it relates of a relevant error except as provided by this section.
(8)
A report under section 234(1) must include information about—
(a) the number of relevant errors of which the Investigatory Powers
Commissioner has become aware during the year to which the report
relates,
(b) the number of relevant errors which the Commissioner has decided
during that year were serious errors, and
(c) the number of persons informed under subsection (1) during that year.
(9)
In this section “relevant error” means an error—
(a) by a public authority in complying with any requirements which are
imposed on it by virtue of this Act or any other enactment and which
are subject to review by a Judicial Commissioner, and
(b) of a description identified for this purpose in a code of practice under
Schedule 7,
and the Investigatory Powers Commissioner must keep under review the
definition of “relevant error”.
232
Additional functions under this Part
(1)
A Judicial Commissioner must give the Investigatory Powers Tribunal all such
documents, information and other assistance (including the Commissioner’s
opinion as to any issue falling to be determined by the Tribunal) as the Tribunal
may require—
(a) in connection with the investigation of any matter by the Tribunal, or
(b) otherwise for the purposes of the Tribunal’s consideration or
determination of any matter.
(2)
A Judicial Commissioner may provide advice or information to any public
authority or other person in relation to matters for which a Judicial
Commissioner is responsible.
(3)
But a Judicial Commissioner must consult the Secretary of State before
providing any advice or information under subsection (2) if it appears to the
Commissioner that providing the advice or information might be contrary to
the public interest or prejudicial to—