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ACT
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RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part IV
(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.
Orders allocating
proceedings to the
Tribunal.
66.—(1) An order under section 65(2)(d) allocating proceedings to the
Tribunal—
(a) may provide for the Tribunal to exercise jurisdiction in relation
to that matter to the exclusion of the jurisdiction of any court
or tribunal; but
(b) if it does so provide, must contain provision conferring a power
on the Tribunal, in the circumstances provided for in the order,
to remit the proceedings to the court or tribunal which would
have had jurisdiction apart from the order.
(2) In making any provision by an order under section 65(2)(d) the
Secretary of State shall have regard, in particular, to—
(a) the need to secure that proceedings allocated to the Tribunal are
properly heard and considered; and
(b) the need to secure that information is not disclosed to an extent,
or in a manner, that is contrary to the public interest or
prejudicial to national security, the prevention or detection of
serious crime, the economic well-being of the United Kingdom
or the continued discharge of the functions of any of the
intelligence services.
(3) The Secretary of State shall not make an order under section
65(2)(d) unless a draft of the order has been laid before Parliament and
approved by a resolution of each House.
Exercise of the
Tribunal’s
jurisdiction.
67.—(1) Subject to subsections (4) and (5), it shall be the duty of the
Tribunal—
(a) to hear and determine any proceedings brought before them by
virtue of section 65(2)(a) or (d); and
(b) to consider and determine any complaint or reference made to
them by virtue of section 65(2)(b) or (c).
(2) Where the Tribunal hear any proceedings by virtue of section
65(2)(a), they shall apply the same principles for making their
determination in those proceedings as would be applied by a court on an
application for judicial review.
(3) Where the Tribunal consider a complaint made to them by virtue
of section 65(2)(b), it shall be the duty of the Tribunal—
(a) to investigate whether the persons against whom any allegations
are made in the complaint have engaged in relation to—
(i) the complainant,
(ii) any of his property,
(iii) any communications sent by or to him, or intended for
him, or
(iv) his use of any postal service, telecommunications
service or telecommunication system,
in any conduct falling within section 65(5);