ch2300c14a
01-08-00 21:43:39
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
77
Part IV
(b) to investigate the authority (if any) for any conduct falling within
section 65(5) which they find has been so engaged in; and
(c) in relation to the Tribunal’s findings from their investigations, to
determine the complaint by applying the same principles as
would be applied by a court on an application for judicial
review.
(4) The Tribunal shall not be under any duty to hear, consider or
determine any proceedings, complaint or reference if it appears to them
that the bringing of the proceedings or the making of the complaint or
reference is frivolous or vexatious.
(5) Except where the Tribunal, having regard to all the circumstances,
are satisfied that it is equitable to do so, they shall not consider or
determine any complaint made by virtue of section 65(2)(b) if it is made
more than one year after the taking place of the conduct to which it
relates.
(6) Subject to any provision made by rules under section 69, where any
proceedings have been brought before the Tribunal or any reference made
to the Tribunal, they shall have power to make such interim orders,
pending their final determination, as they think fit.
(7) Subject to any provision made by rules under section 69, the
Tribunal on determining any proceedings, complaint or reference shall
have power to make any such award of compensation or other order as
they think fit; and, without prejudice to the power to make rules under
section 69(2)(h), the other orders that may be made by the Tribunal
include—
(a) an order quashing or cancelling any warrant or authorisation;
and
(b) an order requiring the destruction of any records of information
which—
(i) has been obtained in exercise of any power conferred by
a warrant or authorisation; or
(ii) is held by any public authority in relation to any
person.
(8) Except to such extent as the Secretary of State may by order
otherwise provide, determinations, awards, orders and other decisions of
the Tribunal (including decisions as to whether they have jurisdiction)
shall not be subject to appeal or be liable to be questioned in any court.
(9) It shall be the duty of the Secretary of State to secure that there is
at all times an order under subsection (8) in force allowing for an appeal
to a court against any exercise by the Tribunal of their jurisdiction under
section 65(2)(c) or (d).
(10) The provision that may be contained in an order under subsection
(8) may include—
(a) provision for the establishment and membership of a tribunal or
body to hear appeals;
(b) the appointment of persons to that tribunal or body and
provision about the remuneration and allowances to be payable
to such persons and the expenses of the tribunal;
(c) the conferring of jurisdiction to hear appeals on any existing
court or tribunal; and