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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part IV
1876 c. 59.
(8) A person shall not be appointed under this section as the
Investigatory Powers Commissioner for Northern Ireland unless he holds
or has held office in Northern Ireland—
(a) in any capacity in which he is or was the holder of a high judicial
office (within the meaning of the Appellate Jurisdiction Act
1876); or
(b) as a county court judge.
(9) The Investigatory Powers Commissioner for Northern Ireland
shall hold office in accordance with the terms of his appointment; and
there shall be paid to him out of the Consolidated Fund of Northern
Ireland such allowances as the Department of Finance and Personnel
may determine.
(10) The First Minister and deputy First Minister in Northern Ireland
shall, after consultation with the Investigatory Powers Commissioner for
Northern Ireland, provide him with such staff as they consider necessary
for the carrying out of his functions.
Additional
functions of Chief
Surveillance
Commissioner.
1997 c. 50.
62.—(1) The Chief Surveillance Commissioner shall (in addition to his
functions under the Police Act 1997) keep under review, so far as they are
not required to be kept under review by the Interception of
Communications Commissioner, the Intelligence Services Commissioner
or the Investigatory Powers Commissioner for Northern Ireland—
(a) the exercise and performance, by the persons on whom they are
conferred or imposed, of the powers and duties conferred or
imposed by or under Part II;
(b) the exercise and performance, by any person other than a judicial
authority, of the powers and duties conferred or imposed,
otherwise than with the permission of such an authority, by or
under Part III; and
(c) the adequacy of the arrangements by virtue of which the duties
imposed by section 55 are sought to be discharged in relation to
persons whose conduct is subject to review under paragraph (b).
(2) It shall not by virtue of this section be the function of the Chief
Surveillance Commissioner to keep under review the exercise of any
power of the Secretary of State to make, amend or revoke any
subordinate legislation.
(3) In this section “judicial authority” means—
(a) any judge of the High Court or of the Crown Court or any
Circuit Judge;
(b) any judge of the High Court of Justiciary or any sheriff;
(c) any justice of the peace;
(d) any county court judge or resident magistrate in Northern
Ireland;
(e) any person holding any such judicial office as entitles him to
exercise the jurisdiction of a judge of the Crown Court or of a
justice of the peace.
Assistant
Surveillance
Commissioners.
63.—(1) The Prime Minister may, after consultation with the Chief
Surveillance Commissioner as to numbers, appoint as Assistant
Surveillance Commissioners such number of persons as the Prime