Search Legislation

Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Applications under section 23B of the Regulation of Investigatory Powers Act 2000

10.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs.

(2) After Part XLI (Reporting restrictions under the Contempt of Court Act 1981)(1) insert—

PART XLIIREGULATION OF INVESTIGATORY POWERS ACT 2000

Interpretation

3.42.1.  In this Part—

“the 2000 Act” means the Regulation of Investigatory Powers Act 2000(2);

and words and expressions used in this Part and in the 2000 Act shall have the same meaning given in the 2000 Act.

Authorisations requiring judicial approval

3.42.2.(1) An application under section 23B(1) of the 2000 Act (procedure for judicial approval) for an order under section 23A(2) (authorisations requiring judicial approval)(3)

(a)approving the grant or renewal of an authorisation; or

(b)the giving or renewal of a notice,

shall be in Form 59, which must be signed by a solicitor on behalf of the local authority.

(2) The application (and any order made in relation to it) must not be intimated to—

(a)the person to whom the authorisation or notice which is the subject of the application or order relates; or

(b)such person’s representatives.

(3) The application must be heard and determined by the sheriff in private.

(4) Where an application is granted by the sheriff the order shall be in Form 60..

(3) In Schedule 1 after Form 58(4) insert Forms 59 and 60 as set out in the Schedule to this Act of Sederunt.

(1)

Part XLI was inserted by S.S.I.2011/386 and amended by S.S.I. 2012/188.

(3)

Sections 23A and 23B of the 2000 Act are inserted by section 37 of the Protection of Freedoms Act 2012 (c.9).

(4)

Form 58 was inserted by S.S.I. 2009/320.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources