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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
69
Part IV
(i) the activities of the intelligence services, and
(ii) the activities in places other than Northern Ireland of
the officials of the Ministry of Defence and of members of Her
Majesty’s forces,
of the powers and duties conferred or imposed on him by Parts
II and III of this Act;
(c) the exercise and performance by members of the intelligence
services of the powers and duties conferred or imposed on them
by or under Parts II and III of this Act;
(d) the exercise and performance in places other than Northern
Ireland, by officials of the Ministry of Defence and by members
of Her Majesty’s forces, of the powers and duties conferred or
imposed on such officials or members of Her Majesty’s forces by
or under Parts II and III; and
(e) the adequacy of the arrangements by virtue of which the duty
imposed by section 55 is sought to be discharged—
(i) in relation to the members of the intelligence services;
and
(ii) in connection with any of their activities in places other
than Northern Ireland, in relation to officials of the Ministry
of Defence and members of Her Majesty’s forces.
(3) The Intelligence Services Commissioner shall give the Tribunal all
such assistance (including his 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.
(4) It shall not be the function of the Intelligence Services
Commissioner to keep under review the exercise of any power of the
Secretary of State to make, amend or revoke any subordinate legislation.
(5) A person shall not be appointed under this section as the
Intelligence Services Commissioner unless he holds or has held a high
judicial office (within the meaning of the Appellate Jurisdiction Act 1876). 1876 c. 59.
(6) The Intelligence Services Commissioner shall hold office in
accordance with the terms of his appointment; and there shall be paid to
him out of money provided by Parliament such allowances as the
Treasury may determine.
(7) The Secretary of State shall, after consultation with the Intelligence
Services Commissioner and subject to the approval of the Treasury as to
numbers, provide him with such staff as the Secretary of State considers
necessary for the carrying out of the Commissioner’s functions.
(8) Section 4 of the Security Service Act 1989 and section 8 of the 1989 c. 5.
Intelligence Services Act 1994 (Commissioners for the purposes of those 1994 c. 13.
Acts) shall cease to have effect.
(9) On the coming into force of this section the Commissioner holding
office as the Commissioner under section 8 of the Intelligence Services Act
1994 shall take and hold office as the Intelligence Services Commissioner
as if appointed under this Act—