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ACT
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RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
(a) must be given in writing as soon as reasonably practicable after
the grant or, as the case may be, cancellation of the
authorisation to which it relates;
(b) must be given in accordance with any such arrangements made
for the purposes of this paragraph by the Chief Surveillance
Commissioner as are for the time being in force; and
(c) must specify such matters as the Secretary of State may by order
prescribe.
(3) A notice under this section of the grant of an authorisation shall,
as the case may be, either—
(a) state that the approval of a Surveillance Commissioner is
required by section 36 before the grant of the authorisation will
take effect; or
(b) state that the case is one of urgency and set out the grounds on
which the case is believed to be one of urgency.
(4) Where a notice for the purposes of subsection (1) of the grant of an
authorisation has been received by an ordinary Surveillance
Commissioner, he shall, as soon as practicable—
(a) scrutinise the authorisation; and
(b) in a case where notice has been given in accordance with
subsection (3)(a), decide whether or not to approve the
authorisation.
(5) Subject to subsection (6), the Secretary of State shall not make an
order under subsection (2)(c) unless a draft of the order has been laid
before Parliament and approved by a resolution of each House.
(6) Subsection (5) does not apply in the case of the order made on the
first occasion on which the Secretary of State exercises his power to make
an order under subsection (2)(c).
(7) The order made on that occasion shall cease to have effect at the
end of the period of forty days beginning with the day on which it was
made unless, before the end of that period, it has been approved by a
resolution of each House of Parliament.
(8) For the purposes of subsection (7)—
(a) the order’s ceasing to have effect shall be without prejudice to
anything previously done or to the making of a new order; and
(b) in reckoning the period of forty days no account shall be taken
of any period during which Parliament is dissolved or
prorogued or during which both Houses are adjourned for more
than four days.
(9) Any notice that is required by any provision of this section to be
given in writing may be given, instead, by being transmitted by
electronic means.
(10) In this section references to a police or customs authorisation are
references to an authorisation granted by—
(a) a person who is a senior authorising officer by reference to a
police force, the National Criminal Intelligence Service or the
National Crime Squad;
(b) a person who is a senior authorising officer by virtue of a
designation by the Commissioners of Customs and Excise; or