ch2300c14a

01-08-00 21:43:39

c. 23

78

ACT

Unit: pag1

RA Proof 20.7.2000

Regulation of Investigatory Powers Act 2000

Part IV

(d) any such provision in relation to an appeal under the order as
corresponds to provision that may be made by rules under
section 69 in relation to proceedings before the Tribunal, or to
complaints or references made to the Tribunal.
(11) The Secretary of State shall not make an order under subsection
(8) unless a draft of the order has been laid before Parliament and
approved by a resolution of each House.
(12) The Secretary of State shall consult the Scottish Ministers before
making any order under subsection (8); and any such order shall be laid
before the Scottish Parliament.
Tribunal
procedure.

68.—(1) Subject to any rules made under section 69, the Tribunal shall
be entitled to determine their own procedure in relation to any
proceedings, complaint or reference brought before or made to them.
(2) The Tribunal shall have power—
(a) in connection with the investigation of any matter, or
(b) otherwise for the purposes of the Tribunal’s consideration or
determination of any matter,
to require a relevant Commissioner appearing to the Tribunal to have
functions in relation to the matter in question to provide the Tribunal
with all such assistance (including that Commissioner’s opinion as to any
issue falling to be determined by the Tribunal) as the Tribunal think fit.
(3) Where the Tribunal hear or consider any proceedings, complaint
or reference relating to any matter, they shall secure that every relevant
Commissioner appearing to them to have functions in relation to that
matter—
(a) is aware that the matter is the subject of proceedings, a complaint
or a reference brought before or made to the Tribunal; and
(b) is kept informed of any determination, award, order or other
decision made by the Tribunal with respect to that matter.
(4) Where the Tribunal determine any proceedings, complaint or
reference brought before or made to them, they shall give notice to the
complainant which (subject to any rules made by virtue of section
69(2)(i)) shall be confined, as the case may be, to either—
(a) a statement that they have made a determination in his favour; or
(b) a statement that no determination has been made in his favour.
(5) Where—
(a) the Tribunal make a determination in favour of any person by
whom any proceedings have been brought before the Tribunal
or by whom any complaint or reference has been made to the
Tribunal, and
(b) the determination relates to any act or omission by or on behalf
of the Secretary of State or to conduct for which any warrant,
authorisation or permission was issued, granted or given by the
Secretary of State,
they shall make a report of their findings to the Prime Minister.
(6) It shall be the duty of the persons specified in subsection (7) to
disclose or provide to the Tribunal all such documents and information
as the Tribunal may require for the purpose of enabling them—

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