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c. 23

82

ACT

Unit: pag1

RA Proof 20.7.2000

Regulation of Investigatory Powers Act 2000

Part IV

(9) Subsection (8) does not apply in the case of the rules made on the
first occasion on which the Secretary of State exercises his power to make
rules under this section.
(10) The rules made on that occasion shall cease to have effect at the
end of the period of forty days beginning with the day on which they were
made unless, before the end of that period, they have been approved by
a resolution of each House of Parliament.
(11) For the purposes of subsection (10)—
(a) the rules’ ceasing to have effect shall be without prejudice to
anything previously done or to the making of new rules; and
(b) in reckoning the period of forty days no account shall be taken
of any period during which Parliament is dissolved or
prorogued or during which both Houses are adjourned for more
than four days.
(12) The Secretary of State shall consult the Scottish Ministers before
making any rules under this section; and any rules so made shall be laid
before the Scottish Parliament.
Abolition of
jurisdiction in
relation to
complaints.
1989 c. 5.

1994 c. 13.

1997 c. 50.

70.—(1) The provisions set out in subsection (2) (which provide for the
investigation etc. of certain complaints) shall not apply in relation to any
complaint made after the coming into force of this section.
(2) Those provisions are—
(a) section 5 of, and Schedules 1 and 2 to, the Security Service Act
1989 (investigation of complaints about the Security Service
made to the Tribunal established under that Act);
(b) section 9 of, and Schedules 1 and 2 to, the Intelligence Services
Act 1994 (investigation of complaints about the Secret
Intelligence Service or GCHQ made to the Tribunal established
under that Act); and
(c) section 102 of, and Schedule 7 to, the Police Act 1997
(investigation of complaints made to the Surveillance
Commissioners).
Codes of practice

Issue and revision
of codes of
practice.

71.—(1) The Secretary of State shall issue one or more codes of practice
relating to the exercise and performance of the powers and duties
mentioned in subsection (2).
(2) Those powers and duties are those (excluding any power to make
subordinate legislation) that are conferred or imposed otherwise than on
the Surveillance Commissioners by or under—
(a) Parts I to III of this Act;
(b) section 5 of the Intelligence Services Act 1994 (warrants for
interference with property or wireless telegraphy for the
purposes of the intelligence services); and
(c) Part III of the Police Act 1997 (authorisation by the police or
customs and excise of interference with property or wireless
telegraphy).
(3) Before issuing a code of practice under subsection (1), the Secretary
of State shall—

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