ch2300c08a
01-08-00 21:43:36
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
47
Part II
(2) Where the determination of the Chief Surveillance Commissioner
on an appeal under section 38 is a determination to dismiss the appeal,
the Chief Surveillance Commissioner shall make a report of his findings—
(a) to the persons mentioned in subsection (1); and
(b) to the Prime Minister.
(3) Subsections (3) and (4) of section 107 of the Police Act 1997 1997 c. 50.
(reports to be laid before Parliament and exclusion of matters from the
report) apply in relation to any report to the Prime Minister under
subsection (2) of this section as they apply in relation to any report under
subsection (2) of that section.
(4) Subject to subsection (2) of this section, the Chief Surveillance
Commissioner shall not give any reasons for any determination of his on
an appeal under section 38.
40. It shall be the duty of—
(a) every member of a police force,
(b) every member of the National Criminal Intelligence Service,
(c) every member of the National Crime Squad, and
(d) every customs officer,
to comply with any request of a Surveillance Commissioner for
documents or information required by that Commissioner for the
purpose of enabling him to carry out the functions of such a
Commissioner under sections 35 to 39.
Information to be
provided to
Surveillance
Commissioners.
Other authorisations
41.—(1) The Secretary of State shall not grant an authorisation for the Secretary of State
carrying out of intrusive surveillance except on an application made by— authorisations.
(a) a member of any of the intelligence services;
(b) an official of the Ministry of Defence;
(c) a member of Her Majesty’s forces;
(d) an individual holding an office, rank or position with any such
public authority as may be designated for the purposes of this
section as an authority whose activities may require the carrying
out of intrusive surveillance.
(2) Section 32 shall have effect in relation to the grant of an
authorisation by the Secretary of State on the application of an official of
the Ministry of Defence, or of a member of Her Majesty’s forces, as if the
only matters mentioned in subsection (3) of that section were—
(a) the interests of national security; and
(b) the purpose of preventing or detecting serious crime.
(3) The designation of any public authority for the purposes of this
section shall be by order made by the Secretary of State.
(4) The Secretary of State may by order provide, in relation to any
public authority, that an application for an authorisation for the carrying
out of intrusive surveillance may be made by an individual holding an
office, rank or position with that authority only where his office, rank or
position is one prescribed by the order.
(5) The Secretary of State may by order impose restrictions—