Regulation of Investigatory Powers Bill - continued        House of Lords
Police and customs authorisations - continued

back to previous text
Appeals against decisions by Surveillance Commissioners.     36. - (1) Any senior authorising officer may appeal to the Chief Surveillance Commissioner against any of the following-
    (a) any refusal of an ordinary Surveillance Commissioner to approve an authorisation for the carrying out of intrusive surveillance;
    (b) any decision of such a Commissioner to quash or cancel such an authorisation;
    (c) any decision of such a Commissioner to make an order under section 35 for the destruction of records.
      (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.
      (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.
      (4) Subject to subsection (5), the Chief Surveillance Commissioner, on an appeal under this section, shall allow the appeal if-
    (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
    (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.
      (5) If, on an appeal falling within subsection (1)(b), the Chief Surveillance Commissioner-
    (a) is satisfied that grounds exist which justify the quashing or cancellation under section 35 of the authorisation in question, but
    (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.
      (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.
      (7) In this section "designated deputy" has the same meaning as in section 32.
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-
    (a) the person by whom the appeal was brought; and
    (b) the ordinary Surveillance Commissioner whose decision was appealed against.
      (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-
    (a) to the persons mentioned in subsection (1); and
    (b) to the Prime Minister.
      (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.
      (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.
Information to be provided to Surveillance Commissioners.     38. It shall be the duty of-
    (a) every member of a police force,
    (b) every member of the National Criminal Intelligence Service,
    (c) every member of the National Crime Squad, and
    (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.
previous section contents continue
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 10 May 2000