ch2300c08a
01-08-00 21:43:36
c. 23
46
ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part II
(a) any refusal of an ordinary Surveillance Commissioner to
approve an authorisation for the carrying out of intrusive
surveillance;
(b) any decision of such a Commissioner to quash or cancel such an
authorisation;
(c) any decision of such a Commissioner to make an order under
section 37 for the destruction of records.
(2) In the case of an authorisation granted by the designated deputy of
a senior authorising office or by a person who for the purposes of section
34 is entitled to act for a senior authorising officer, that designated deputy
or person shall also be entitled to appeal under this section.
(3) An appeal under this section must be brought within the period of
seven days beginning with the day on which the refusal or decision
appealed against is reported to the appellant.
(4) Subject to subsection (5), the Chief Surveillance Commissioner, on
an appeal under this section, shall allow the appeal if—
(a) he is satisfied that there were reasonable grounds for believing
that the requirements of section 32(2)(a) and (b) were satisfied
in relation to the authorisation at the time in question; and
(b) he is not satisfied that the authorisation is one of which notice
was given in accordance with section 35(3)(b) without there
being any reasonable grounds for believing that the case was
one of urgency.
(5) If, on an appeal falling within subsection (1)(b), the Chief
Surveillance Commissioner—
(a) is satisfied that grounds exist which justify the quashing or
cancellation under section 37 of the authorisation in question,
but
(b) considers that the authorisation should have been quashed or
cancelled from a different time from that from which it was
quashed or cancelled by the ordinary Surveillance
Commissioner against whose decision the appeal is brought,
he may modify that Commissioner’s decision to quash or cancel the
authorisation, and any related decision for the destruction of records, so
as to give effect to the decision under section 37 that he considers should
have been made.
(6) Where, on an appeal under this section against a decision to quash
or cancel an authorisation, the Chief Surveillance Commissioner allows
the appeal he shall also quash any related order for the destruction of
records relating to information obtained by the authorised conduct.
(7) In this section “designated deputy” has the same meaning as in
section 34.
Appeals to the
Chief Surveillance
Commissioner:
supplementary.
39.—(1) Where the Chief Surveillance Commissioner has determined
an appeal under section 38, he shall give notice of his determination to
both—
(a) the person by whom the appeal was brought; and
(b) the ordinary Surveillance Commissioner whose decision was
appealed against.