Regulation of Investigatory Powers Bill

Regulation of Investigatory Powers Bill - continued	House of Lords

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	PART IV
	SCRUTINY ETC. OF INVESTIGATORY POWERS AND OF THE FUNCTIONS OF THE INTELLIGENCE SERVICES
	Commissioners
Interception of Communications Commissioner.	53. - (1) The Prime Minister shall appoint a Commissioner to be known as the Interception of Communications Commissioner.
	(2) Subject to subsection (4), the Interception of Communications Commissioner shall keep under review-
	(a) the exercise and performance by the Secretary of State of the powers and duties conferred or imposed on him by or under sections 1 to 11;
	(b) the exercise and performance, by the persons on whom they are conferred or imposed, of the powers and duties conferred or imposed by or under Chapter II of Part I;
	(c) the exercise and performance by the Secretary of State in relation to information obtained under Part I of the powers and duties conferred or imposed on him by or under Part III; and
	(d) the adequacy of the arrangements by virtue of which-
	(i) the duty which is imposed on the Secretary of State by section 14, and
	(ii) so far as applicable to information obtained under Part I, the duties imposed by section 51,
	are sought to be discharged.
	(3) The Interception of Communications Commissioner shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require-
	(a) in connection with the investigation of any matter by the Tribunal; or
	(b) otherwise for the purposes of the Tribunal's consideration or determination of any matter.
	(4) It shall not be the function of the Interception of Communications Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.
	(5) A person shall not be appointed under this section as the Interception of Communications Commissioner unless he holds or has held a high judicial office (within the meaning of the Appellate Jurisdiction Act 1876).
	(6) The Interception of Communications Commissioner shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of money provided by Parliament such allowances as the Treasury may determine.
	(7) The Secretary of State shall, after consultation with the Interception of Communications Commissioner and subject to the approval of the Treasury as to numbers, provide him with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.
	(8) On the coming into force of this section the Commissioner holding office as the Commissioner under section 8 of the Interception of Communications Act 1985 shall take and hold office as the Interception of Communications Commissioner as if appointed under this Act-
	(a) for the unexpired period of his term of office under that Act; and
	(b) otherwise, on the terms of his appointment under that Act.
Co-operation with and reports by new Commissioner.	54. - (1) It shall be the duty of-
	(a) every person holding office under the Crown,
	(b) every member of the National Criminal Intelligence Service,
	(c) every member of the National Crime Squad,
	(d) every person employed by or for the purposes of a police force,
	(e) every person required for the purposes of section 11 to provide assistance with giving effect to an interception warrant,
	(f) every person on whom an obligation to take any steps has been imposed under section 12,
	(g) every person by or to whom an authorisation under section 21(3) has been granted,
	(h) every person to whom a notice under section 21(4) has been given,
	(i) every person to whom a notice under section 46 has been given in relation to any information obtained under Part I, and
	(j) every person who is or has been employed for the purposes of any business of a person falling within paragraph (e), (f), (h) or (i),
	to disclose or provide to the Interception of Communications Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions under section 53.
	(2) If it at any time appears to the Interception of Communications Commissioner-
	(a) that there has been a contravention of the provisions of this Act in relation to any matter with which that Commissioner is concerned, and
	(b) that the contravention has not been the subject of a report made to the Prime Minister by the Tribunal,
	he shall make a report to the Prime Minister with respect to that contravention.
	(3) If it at any time appears to the Interception of Communications Commissioner that any arrangements by reference to which the duties imposed by sections 14 and 51 have sought to be discharged have proved inadequate in relation to any matter with which the Commissioner is concerned, he shall make a report to the Prime Minister with respect to those arrangements.
	(4) As soon as practicable after the end of each calendar year, the Interception of Communications Commissioner shall make a report to the Prime Minister with respect to the carrying out of that Commissioner's functions.
	(5) The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Interception of Communications Commissioner under subsection (4), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (6).
	(6) If it appears to the Prime Minister, after consultation with the Interception of Communications Commissioner, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to-
	(a) national security,
	(b) the prevention or detection of serious crime,
	(c) the economic well-being of the United Kingdom, or
	(d) the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,
	the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament.
Additional functions of other Commissioners.	55. - (1) Subject to subsection (5), the Security Service Act Commissioner shall (in addition to his functions under the Security Service Act 1989) keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner-
	(a) the exercise and performance by the Secretary of State, in connection with or in relation to the activities of the Security Service, of the powers and duties conferred or imposed on him by Parts II and III;
	(b) the exercise and performance by members of the Security Service of the powers and duties conferred or imposed on them by or under Parts II and III; and
	(c) the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged in relation to members of the Security Service.
	(2) Subject to subsection (5), the Intelligence Services Act Commissioner shall (in addition to his functions under the Intelligence Services Act 1994) keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner-
	(a) the exercise and performance by the Secretary of State, in connection with or in relation to-
	(i) the activities of the Secret Intelligence Service and of GCHQ, and
	(ii) the activities in places other than Northern Ireland of officials of the Ministry of Defence and of members of Her Majesty's forces,
	of the powers and duties conferred or imposed on him by Parts II and III;
	(b) the exercise and performance by members of the Secret Intelligence Service and of GCHQ of the powers and duties conferred or imposed on members of those services by or under Parts II and III;
	(c) the exercise and performance in places other than Northern Ireland, by officials of the Ministry of Defence and by members of Her Majesty's forces, of the powers and duties conferred or imposed on such officials or members of Her Majesty's forces by or under Parts II and III; and
	(d) the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged-
	(i) in relation to the members of the Secret Intelligence Service and of GCHQ; and
	(ii) in connection with any of their activities in places other than Northern Ireland, in relation to officials of the Ministry of Defence and members of Her Majesty's forces.
	(3) The Chief Surveillance Commissioner shall (in addition to his functions under the Police Act 1997) keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner, the Security Service Act Commissioner or the Intelligence Services Act Commissioner-
	(a) the exercise and performance, by the persons on whom they are conferred or imposed, of the powers and duties conferred or imposed by or under Part II;
	(b) the exercise and performance, by any person other than a judicial authority, of the powers and duties conferred or imposed, otherwise than with the permission of such an authority, by or under Part III; and
	(c) the adequacy of the arrangements by virtue of which the duties imposed by section 51 are sought to be discharged in relation to persons whose conduct is subject to review under paragraph (b).
	(4) The Chief Surveillance Commissioner may require any ordinary Surveillance Commissioner to provide him with assistance in carrying out his functions under subsection (3); and that assistance may include-
	(a) the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; and
	(b) the making of a report to the Chief Surveillance Commissioner about the matter reviewed.
	(5) It shall not by virtue of this section be the function of any Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.
	(6) In this section "judicial authority" means-
	(a) any judge of the High Court or of the Crown Court or any Circuit Judge;
	(b) any judge of the High Court of Justiciary or any sheriff;
	(c) any justice of the peace;
	(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.
	(7) Subsection (5) of section 39 shall apply for the purposes of this section as it applies for the purposes of that section.
Delegation of Commissioners' functions.	56. - (1) Anything authorised or required by or under any enactment to be done by a relevant Commissioner may be done by any member of the staff of that Commissioner who is authorised for the purpose (whether generally or specifically) by that Commissioner.
	(2) In this section "relevant Commissioner" means the Interception of Communications Commissioner, the Security Service Act Commissioner, the Intelligence Services Act Commissioner or any Surveillance Commissioner.

Prepared 10 May 2000