Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 2 — Other arrangements
197
(5)
The Secretary of State may by regulations specify criteria to be applied
by the Tribunal in making decisions under subsection (2) as to the
identity of the relevant appellate court.
(6)
An appeal under this section—
(a) is to be heard by the relevant appellate court, but
(b) may not be made without the leave of the Tribunal or, if that is
refused, of the relevant appellate court.
(7)
The Tribunal or relevant appellate court must not grant leave to appeal
unless it considers that—
(a) the appeal would raise an important point of principle or
practice, or
(b) there is another compelling reason for granting leave.
(8)
In this section—
“relevant appellate court” has the meaning given by subsection
(2),
“relevant person”, in relation to any proceedings, complaint or
reference, means the complainant or—
(a) in the case of proceedings, the respondent,
(b) in the case of a complaint, the person complained
against, and
(c) in the case of a reference, any public authority to whom
the reference relates.”
(2)
In section 67 of that Act (no appeal from the Investigatory Powers Tribunal
except as provided by order of the Secretary of State)—
(a) in subsection (8) for “Except to such extent as the Secretary of State may
by order otherwise provide,” substitute “Except as provided by virtue
of section 67A,”, and
(b) omit subsections (9) to (12).
(3)
After section 68(4) of that Act (requirement to give notice of determinations to
complainant) insert—
“(4A)
Where the Tribunal make any determination of a kind mentioned in
subsection (4), they must also give notice to—
(a) in the case of proceedings, the respondent,
(b) in the case of a complaint, the person complained against, and
(c) in the case of a reference, any public authority to whom the
reference relates.
(4B)
A notice under subsection (4A) is (subject to any rules made by virtue
of section 69(2)(j)) to be confined, as the case may be, to either—
(a) a statement that they have made a determination in the
complainant’s favour, or
(b) a statement that no determination has been made in the
complainant’s favour.
(4C)
Where the Tribunal make any decision which—
(a) is a final decision of a preliminary issue in relation to any
proceedings, complaint or reference brought before or made to
them, and