ch2300c14a
01-08-00 21:43:39
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
81
Part IV
(c) for the appointment in accordance with the rules, by such person
as may be determined in accordance with the rules, of a person
to represent those interests in the case of any proceedings,
complaint or reference.
(4) The power to make rules under this section includes power to
make rules—
(a) enabling or requiring the Tribunal to hear or consider any
proceedings, complaint or reference without the person who
brought the proceedings or made the complaint or reference
having been given full particulars of the reasons for any conduct
which is the subject of the proceedings, complaint or reference;
(b) enabling or requiring the Tribunal to take any steps in exercise
of their jurisdiction in the absence of any person (including the
person bringing the proceedings or making the complaint or
reference and any legal representative of his);
(c) enabling or requiring the Tribunal to give a summary of any
evidence taken in his absence to the person by whom the
proceedings were brought or, as the case may be, to the person
who made the complaint or reference;
(d) enabling or requiring the Tribunal to exercise their jurisdiction,
and to exercise and perform the powers and duties conferred or
imposed on them (including, in particular, in relation to the
giving of reasons), in such manner provided for in the rules as
prevents or limits the disclosure of particular matters.
(5) Rules under this section may also include provision—
(a) enabling powers or duties of the Tribunal that relate to matters
preliminary or incidental to the hearing or consideration of any
proceedings, complaint or reference to be exercised or
performed by a single member of the Tribunal; and
(b) conferring on the Tribunal such ancillary powers as the
Secretary of State thinks necessary for the purposes of, or in
connection with, the exercise of the Tribunal’s jurisdiction, or
the exercise or performance of any power or duty conferred or
imposed on them.
(6) In making rules under this section the Secretary of State shall have
regard, in particular, to—
(a) the need to secure that matters which are the subject of
proceedings, complaints or references brought before or made
to the Tribunal are properly heard and considered; and
(b) the need to secure that information is not disclosed to an extent,
or in a manner, that is contrary to the public interest or
prejudicial to national security, the prevention or detection of
serious crime, the economic well-being of the United Kingdom
or the continued discharge of the functions of any of the
intelligence services.
(7) Rules under this section may make provision by the application,
with or without modification, of the provision from time to time
contained in specified rules of court.
(8) Subject to subsection (9), no rules shall be made under this section
unless a draft of them has first been laid before Parliament and approved
by a resolution of each House.