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Regulation of Investigatory Powers (Scotland) Act 2000
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- 29/09/2000- Amendment
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20 Cancellation of authorisationsS
This section has no associated Explanatory Notes
(1)The person who granted or, as the case may be, last renewed an authorisation under this Act shall cancel it—
(a)if satisfied that the authorised conduct no longer satisfies the requirements of section 6(2)(a) and (b), 7(2)(a) and (b) or, as the case may be, 10(2)(a) and (b) above; or
(b)in the case of an authorisation under section 7 above, if satisfied that arrangements for the source’s case that satisfy the requirements of subsection (2)(c) of that section no longer exist.
(2)Where an authorisation under this Act was granted or, as the case may be, last renewed—
(a)by a person entitled to act for any other person; or
(b)by the deputy of any other person,
that other person shall cancel the authorisation if satisfied as to either of the matters mentioned in subsection (1) above.
[F1(2A)Where an authorisation under this Act was granted or, as the case may be, last renewed by a senior officer of the Police Service and it is not reasonably practicable for that senior officer to cancel it under subsection (1) above, any senior officer of the Police Service designated by the chief constable for the purposes of section 10 above may cancel the authorisation if satisfied as to either of the matters mentioned in subsection (1) above.
(2B)Where an authorisation under this Act was granted or, as the case may be, last renewed by the Police Investigations and Review Commissioner and it is not reasonably practicable for the Commissioner to cancel it under subsection (1) above, any person designated by the Commissioner for the purposes of section 12ZA above may cancel the authorisation if satisfied as to either of the matters mentioned in subsection (1) above.]
F2( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The Scottish Ministers may by regulations provide for the person by whom any duty imposed by this section is to be performed in a case in which it would otherwise fall on a person who is no longer available to perform it.
(5)Regulations under subsection (4) above may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations.
F3( 6 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4( 7 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1 S. 20(2A)(2B) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8) , s. 129(2) , Sch. 7 para. 15(10) ; S.S.I. 2013/51 , art. 2 (with transitional provisions and savings in S.S.I. 2013/121 )
F2 S. 20(3) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8) , s. 129(2) , Sch. 8 Pt. 1 ; S.S.I. 2013/51 , art. 2 (with transitional provisions and savings in S.S.I. 2013/121 )
F3 S. 20(6) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8) , s. 129(2) , Sch. 8 Pt. 1 ; S.S.I. 2013/51 , art. 2 (with transitional provisions and savings in S.S.I. 2013/121 )
F4 S. 20(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8) , s. 129(2) , Sch. 8 Pt. 1 ; S.S.I. 2013/51 , art. 2 (with transitional provisions and savings in S.S.I. 2013/121 )
Modifications etc. (not altering text)
C1 S. 20 extended (20.5.2002) by S.S.I. 2002/207 , reg. 2(1)
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