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| Appeals against decisions by Surveillance Commissioners. |
36. - (1) Any senior authorising officer may appeal to the Chief Surveillance Commissioner against any of the following-
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(a) any refusal of an ordinary Surveillance Commissioner to approve an authorisation for the carrying out of intrusive surveillance; |
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(b) any decision of such a Commissioner to quash or cancel such an authorisation; |
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(c) any decision of such a Commissioner to make an order under section 35 for the destruction of records. |
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(2) In the case of an authorisation granted by the designated deputy of a senior authorising office or by a person who for the purposes of section 32 is entitled to act for a senior authorising officer, that designated deputy or person shall also be entitled to appeal under this section.
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(3) An appeal under this section must be brought within the period of seven days beginning with the day on which the refusal or decision appealed against is reported to the appellant.
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(4) Subject to subsection (5), the Chief Surveillance Commissioner, on an appeal under this section, shall allow the appeal if-
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(a) he is satisfied that there were reasonable grounds for believing that the requirements of section 30(2)(a) and (b) were satisfied in relation to the authorisation at the time in question; and |
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(b) he is not satisfied that the authorisation is one of which notice was given in accordance with section 33(3)(b) without there being any reasonable grounds for believing that the case was one of urgency. |
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(5) If, on an appeal falling within subsection (1)(b), the Chief Surveillance Commissioner-
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(a) is satisfied that grounds exist which justify the quashing or cancellation under section 35 of the authorisation in question, but |
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(b) considers that the authorisation should have been quashed or cancelled from a different time from that from which it was quashed or cancelled by the ordinary Surveillance Commissioner against whose decision the appeal is brought,
he may modify that Commissioner's decision to quash or cancel the authorisation, and any related decision for the destruction of records, so as to give effect to the decision under section 35 that he considers should have been made. |
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(6) Where, on an appeal under this section against a decision to quash or cancel an authorisation, the Chief Surveillance Commissioner allows the appeal he shall also quash any related order for the destruction of records relating to information obtained by the authorised conduct.
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(7) In this section "designated deputy" has the same meaning as in section 32.
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| Appeals to the Chief Surveillance Commissioner: supplementary. |
37. - (1) Where the Chief Surveillance Commissioner has determined an appeal under section 36, he shall give notice of his determination to both-
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(a) the person by whom the appeal was brought; and |
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(b) the ordinary Surveillance Commissioner whose decision was appealed against. |
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(2) Where the determination of the Chief Surveillance Commissioner on an appeal under section 36 is a determination to dismiss the appeal, the Chief Surveillance Commissioner shall make a report of his findings-
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(a) to the persons mentioned in subsection (1); and |
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(b) to the Prime Minister. |
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(3) Subsections (3) and (4) of section 107 of the Police Act 1997 (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under subsection (2) of that section.
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(4) Subject to subsection (2) of this section, the Chief Surveillance Commissioner shall not give any reasons for any determination of his on an appeal under section 36.
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| Information to be provided to Surveillance Commissioners. |
38. It shall be the duty of-
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(a) every member of a police force, |
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(b) every member of the National Criminal Intelligence Service, |
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(c) every member of the National Crime Squad, and |
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(b) every customs officer,
to comply with any request of a Surveillance Commissioner for documents or information required by that Commissioner for the purpose of enabling him to carry out the functions of such a Commissioner under sections 33 to 37. |
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Other authorisations |
| Secretary of State authorisations. |
39. - (1) The Secretary of State shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by-
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(a) a member of any of the intelligence services; |
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(b) an official of the Ministry of Defence; |
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(c) a member of Her Majesty's forces; |
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(d) an individual holding an office, rank or position with any such public authority as may be designated for the purposes of this section as an authority whose activities may require the carrying out of intrusive surveillance. |
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(2) Section 30 shall have effect in relation to the grant of an authorisation by the Secretary of State on the application of an official of the Ministry of Defence, or of a member of Her Majesty's forces, as if the only matters mentioned in subsection (3) of that section were-
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(a) the interests of national security; and |
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(b) the purpose of preventing or detecting serious crime. |
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(3) The designation of any public authority for the purposes of this section shall be by order made by the Secretary of State.
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(4) The Secretary of State may by order impose restrictions-
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(a) on the authorisations for the carrying out of intrusive surveillance that may be granted on the application of an individual holding an office, rank or position with any public authority designated for the purposes of this section; and |
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(b) on the circumstances in which, or the purposes for which, such authorisations may be granted on such an application. |
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(5) References in this section to a member of Her Majesty's forces do not include references to any member of Her Majesty's forces who is a member of a police force by virtue of his service with the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police.
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| Intelligence services authorisations. |
40. - (1) The grant by the Secretary of State on the application of a member of one of the intelligence services of any authorisation under this Part must be made by the issue of a warrant.
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(2) A single warrant issued by the Secretary of State may combine both-
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(a) an authorisation under this Part; and |
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(b) an intelligence services warrant;
but the provisions of this Act or the Intelligence Services Act 1994 that are applicable in the case of the authorisation under this Part or the intelligence services warrant shall apply separately in relation to the part of the combined warrant to which they are applicable. |
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(3) Intrusive surveillance in relation to any premises or vehicle in the British Islands shall be capable of being authorised by a warrant issued under this Part on the application of a member of the Secret Intelligence Service or GCHQ only if the authorisation contained in the warrant is one satisfying the requirements of section 30(2)(a) otherwise than in connection with any functions of that intelligence service in support of the prevention or detection of serious crime.
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(4) Subject to subsection (5), the functions of the Security Service shall include acting on behalf of the Secret Intelligence Service or GCHQ in relation to-
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(a) the application for and grant of any authorisation under this Part in connection with any matter within the functions of the Secret Intelligence Service or GCHQ; and |
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(b) the carrying out, in connection with any such matter, of any conduct authorised by such an authorisation. |
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(5) Nothing in subsection (4) shall authorise the doing of anything by one intelligence service on behalf of another unless-
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(a) it is something which either the other service or a member of the other service has power to do; and |
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(b) it is done otherwise than in connection with functions of the other service in support of the prevention or detection of serious crime. |
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(6) In this section "intelligence services warrant" means a warrant under section 5 of the Intelligence Services Act 1994.
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Grant, renewal and duration of authorisations |
| General rules about grant, renewal and duration. |
41. - (1) An authorisation under this Part-
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(a) may be granted or renewed orally in any urgent case in which the entitlement to act of the person granting or renewing it is not confined to urgent cases; and |
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(b) in any other case, must be in writing. |
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(2) A single authorisation may combine two or more different authorisations under this Part; but the provisions of this Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
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(3) Subject to subsections (4) and (8), an authorisation under this Part shall cease to have effect at the end of the following period-
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(a) in the case of an authorisation which- |
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(i) has not been renewed and was granted either orally or by a person whose entitlement to act is confined to urgent cases, or
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(ii) was last renewed either orally or by such a person,
the period of seventy-two hours beginning with the time when the grant of the authorisation or, as the case may be, its latest renewal takes effect; |
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(b) in a case not falling within paragraph (a) in which the authorisation is for the conduct or the use of a covert human intelligence source, the period of twelve months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect; and |
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(c) in any case not falling within paragraph (a) or (b), the period of three months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect. |
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(4) Subject to subsection (6), an authorisation under this Part may be renewed, at any time before the time at which it ceases to have effect, by any person who would be entitled to grant a new authorisation in the same terms.
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(5) Sections 27 to 39 shall have effect in relation to the renewal of an authorisation under this Part as if references to the grant of an authorisation included references to its renewal.
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(6) A person shall not renew an authorisation for the conduct or the use of a covert human intelligence source, unless he-
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(a) is satisfied that a review has been carried out of the matters mentioned in subsection (7); and |
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(b) has, for the purpose of deciding whether he should renew the authorisation, considered the results of that review. |
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(7) The matters mentioned in subsection (6) are-
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(a) the use made of the source in the period since the grant or, as the case may be, latest renewal of the authorisation; and |
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(b) the tasks given to the source during that period and the information obtained from the conduct or the use of the source. |
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(8) The Secretary of State may by order provide in relation to authorisations of such descriptions as may be specified in the order that subsection (3) is to have effect as if the period at the end of which an authorisation of a description so specified is to cease to have effect were such period shorter than that provided for by that subsection as may be fixed by or determined in accordance with that order.
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(9) References in this section to the time at which, or the day on which, the grant or renewal of an authorisation takes effect are references-
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(a) in the case of the grant of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation is granted; |
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(b) in the case of the renewal of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation would have ceased to have effect but for the renewal; and |
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(c) in the case of any grant or renewal that takes effect under subsection (2) of section 34 at a time or on a day later than that given by paragraph (a) or (b), to the time at which or, as the case may be, day on which the grant or renewal takes effect in accordance with that subsection. |
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(10) In relation to any authorisation granted by a member of any of the intelligence services, and in relation to any authorisation contained in a warrant issued by the Secretary of State on the application of a member of any of the intelligence services, this section has effect subject to the provisions of section 42.
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