ch2300c08a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
45
Part II
(3) If an ordinary Surveillance Commissioner is satisfied at any time
while the authorisation is in force that there are no longer any reasonable
grounds for believing that the requirements of section 32(2)(a) and (b) are
satisfied in relation to the authorisation, he may cancel the authorisation
with effect from such time as appears to him to be the time from which
those requirements ceased to be so satisfied.
(4) Where, in the case of any authorisation of which notice has been
given in accordance with section 35(3)(b), an ordinary Surveillance
Commissioner is at any time satisfied that, at the time of the grant or
renewal of the authorisation to which that notice related, there were no
reasonable grounds for believing that the case was one of urgency, he may
quash the authorisation with effect, as he thinks fit, from the time of the
grant of the authorisation or from the time of any renewal of the
authorisation.
(5) Subject to subsection (7), where an ordinary Surveillance
Commissioner quashes an authorisation under this section, he may order
the destruction of any records relating wholly or partly to information
obtained by the authorised conduct after the time from which his decision
takes effect.
(6) Subject to subsection (7), where—
(a) an authorisation has ceased to have effect (otherwise than by
virtue of subsection (2) or (4)), and
(b) an ordinary Surveillance Commissioner is satisfied that there
was a time while the authorisation was in force when there were
no reasonable grounds for believing that the requirements of
section 32(2)(a) and (b) continued to be satisfied in relation to
the authorisation,
he may order the destruction of any records relating, wholly or partly, to
information obtained at such a time by the authorised conduct.
(7) No order shall be made under this section for the destruction of any
records required for pending criminal or civil proceedings.
(8) Where an ordinary Surveillance Commissioner exercises a power
conferred by this section, he shall, as soon as reasonably practicable,
make a report of his exercise of that power, and of his reasons for
doing so—
(a) to the most senior relevant person (within the meaning of section
36); and
(b) to the Chief Surveillance Commissioner.
(9) Where an order for the destruction of records is made under this
section, the order shall not become operative until such time (if any) as—
(a) the period for appealing against the decision to make the order
has expired; and
(b) any appeal brought within that period has been dismissed by the
Chief Surveillance Commissioner.
(10) No notice shall be required to be given under section 35(1) in the
case of a cancellation under subsection (3) of this section.
38.—(1) Any senior authorising officer may appeal to the Chief Appeals against
decisions by
Surveillance Commissioner against any of the following—
Surveillance
Commissioners.