ch2300c13a
01-08-00 21:43:39
c. 23
74
ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part IV
(c) to consider and determine any reference to them by any person
that he has suffered detriment as a consequence of any
prohibition or restriction, by virtue of section 17, on his relying
in, or for the purposes of, any civil proceedings on any
matter; and
(d) to hear and determine any other such proceedings falling within
subsection (3) as may be allocated to them in accordance with
provision made by the Secretary of State by order.
(3) Proceedings fall within this subsection if—
(a) they are proceedings against any of the intelligence services;
(b) they are proceedings against any other person in respect of any
conduct, or proposed conduct, by or on behalf of any of those
services;
(c) they are proceedings brought by virtue of section 55(4); or
(d) they are proceedings relating to the taking place in any
challengeable circumstances of any conduct falling within
subsection (5).
(4) The Tribunal is the appropriate forum for any complaint if it is a
complaint by a person who is aggrieved by any conduct falling within
subsection (5) which he believes—
(a) to have taken place in relation to him, to any of his property, to
any communications sent by or to him, or intended for him, or
to his use of any postal service, telecommunications service or
telecommunication system; and
(b) to have taken place in challengeable circumstances or to have
been carried out by or on behalf of any of the intelligence
services.
(5) Subject to subsection (6), conduct falls within this subsection if
(whenever it occurred) it is—
(a) conduct by or on behalf of any of the intelligence services;
(b) conduct for or in connection with the interception of
communications in the course of their transmission by means of
a postal service or telecommunication system;
(c) conduct to which Chapter II of Part I applies;
(d) conduct to which Part II applies;
(e) the giving of a notice under section 49 or any disclosure or use of
a key to protected information;
(f) any entry on or interference with property or any interference
with wireless telegraphy.
(6) For the purposes only of subsection (3), nothing mentioned in
paragraph (d) or (f) of subsection (5) shall be treated as falling within that
subsection unless it is conduct by or on behalf of a person holding any
office, rank or position with—
(a) any of the intelligence services;
(b) any of Her Majesty’s forces;
(c) any police force;
(d) the National Criminal Intelligence Service;
(e) the National Crime Squad; or