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ACT
Unit: pag2
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Sch. 4
Investigatory Powers Act 2000 or under any enactment contained in or
made under an Act of the Scottish Parliament which makes provision
equivalent to that made by Part II of that Act of 2000 or”; and
(c) after subsection (5) (duty to co-operate with the Chief Surveillance
Commissioner) there shall be inserted the subsections set out in subparagraph (11).
(11) The subsections inserted after subsection (5) of section 107 of that Act are
as follows—
“(5A) It shall be the duty of—
(a) every person by whom, or on whose application, there has been
given or granted any authorisation the function of giving or
granting which is subject to review by the Chief Commissioner,
(b) every person who has engaged in conduct with the authority of
such an authorisation,
(c) every person who holds or has held any office, rank or position
with the same public authority as a person falling within
paragraph (a),
(d) every person who holds or has held any office, rank or position
with any public authority for whose benefit (within the meaning
of Part II of the Regulation of Investigatory Powers Act 2000)
activities which are or may be subject to any such review have
been or may be carried out, and
(e) every person to whom a notice under section 49 of the Regulation
of Investigatory Powers Act 2000 (notices imposing a disclosure
requirement in respect of information protected by a key) has
been given in relation to any information obtained by conduct to
which such an authorisation relates,
to disclose or provide to the Chief Commissioner all such documents and
information as he may require for the purpose of enabling him to carry out
his functions.
(5B) It shall be the duty of every Commissioner to give the tribunal
established under section 65 of the Regulation of Investigatory Powers Act
2000 all such assistance (including his opinion as to any issue falling to be
determined by that tribunal) as that tribunal may require—
(a) in connection with the investigation of any matter by that
tribunal; or
(b) otherwise for the purposes of that tribunal’s consideration or
determination of any matter.
1998 c. 42.
(5C) In this section ‘public authority’ means any public authority within
the meaning of section 6 of the Human Rights Act 1998 (acts of public
authorities) other than a court or tribunal.”
(12) In section 108(1) of that Act after “In this Part—” there shall be
inserted—
“‘Assistant Commissioner of Police of the Metropolis’ includes the
Deputy Commissioner of Police of the Metropolis;”.
(13) In Part VII of that Act, before section 134 there shall be inserted—
“Meaning of
‘prevention’ and
‘detection’.
133A. Section 81(5) of the Regulation of Investigatory
Powers Act 2000 (meaning of ‘prevention’ and ‘detection’) shall
apply for the purposes of this Act as it applies for the purposes
of the provisions of that Act not contained in Chapter I of
Part I.”