ch2300c07a
01-08-00 21:43:35
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
43
Part II
(c) a person who for the purposes of section 34 is entitled to act for a
person falling within paragraph (a) or for a person falling within
paragraph (b).
36.—(1) This section applies where an authorisation for the carrying Approval required
for authorisations
out of intrusive surveillance has been granted on the application of—
to take effect.
(a) a member of a police force;
(b) a member of the National Criminal Intelligence Service;
(c) a member of the National Crime Squad; or
(d) a customs officer.
(2) Subject to subsection (3), the authorisation shall not take effect
until such time (if any) as—
(a) the grant of the authorisation has been approved by an ordinary
Surveillance Commissioner; and
(b) written notice of the Commissioner’s decision to approve the
grant of the authorisation has been given, in accordance with
subsection (4), to the person who granted the authorisation.
(3) Where the person who grants the authorisation—
(a) believes that the case is one of urgency, and
(b) gives notice in accordance with section 35(3)(b),
subsection (2) shall not apply to the authorisation, and the authorisation
shall have effect from the time of its grant.
(4) Where subsection (2) applies to the authorisation—
(a) a Surveillance Commissioner shall give his approval under this
section to the authorisation if, and only if, he is satisfied that
there are reasonable grounds for believing that the requirements
of section 32(2)(a) and (b) are satisfied in the case of the
authorisation; and
(b) a Surveillance Commissioner who makes a decision as to
whether or not the authorisation should be approved shall, as
soon as reasonably practicable after making that decision, give
written notice of his decision to the person who granted the
authorisation.
(5) If an ordinary Surveillance Commissioner decides not to approve
an authorisation to which subsection (2) applies, he shall make a report
of his findings to the most senior relevant person.
(6) In this section “the most senior relevant person” means—
(a) where the authorisation was granted by the senior authorising
officer with any police force who is not someone’s deputy, that
senior authorising officer;
(b) where the authorisation was granted by the Director General of
the National Criminal Intelligence Service or the Director
General of the National Crime Squad, that Director General;
(c) where the authorisation was granted by a senior authorising
officer with a police force who is someone’s deputy, the senior
authorising officer whose deputy granted the authorisation;