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Regulation of Investigatory Powers (Scotland) Act 2000

Complaints by Aggrieved Persons

Section 23:  Complaints to the Tribunal

98.Subsection (1) defines the Tribunal referred to in this Act as the Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.

99.Subsections (2) and (3) set out the key elements of the Tribunal’s jurisdiction in relation to this Act. It is to be the appropriate forum for complaints or proceedings in relation to any complaint by a person who believes that he has been subject to any use of investigatory powers under this Act which he believes to have been carried out in the challengeable circumstances described in subsection (4).

100.Subsection (4) defines what are challengeable circumstances.

101.Under subsection (5) conduct should only fall within those circumstances if it is conduct which took place with, or might reasonably have been considered necessary to take place only with, the authority, or purported authority, or an authorisation under the Act or an authorisation under section 93 of the Police Act 1997 if given by a Scottish police force.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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