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Regulation of Investigatory Powers Act 2000

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This is the original version (as it was originally enacted).

36Approval required for authorisations to take effect

This sectionnoteType=Explanatory Notes has no associated

(1)This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—

(a)a member of a police force;

(b)a member of the National Criminal Intelligence Service;

(c)a member of the National Crime Squad; or

(d)a customs officer.

(2)Subject to subsection (3), the authorisation shall not take effect until such time (if any) as—

(a)the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and

(b)written notice of the Commissioner’s decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation.

(3)Where the person who grants the authorisation—

(a)believes that the case is one of urgency, and

(b)gives notice in accordance with section 35(3)(b),

subsection (2) shall not apply to the authorisation, and the authorisation shall have effect from the time of its grant.

(4)Where subsection (2) applies to the authorisation—

(a)a Surveillance Commissioner shall give his approval under this section to the authorisation if, and only if, he is satisfied that there are reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in the case of the authorisation; and

(b)a Surveillance Commissioner who makes a decision as to whether or not the authorisation should be approved shall, as soon as reasonably practicable after making that decision, give written notice of his decision to the person who granted the authorisation.

(5)If an ordinary Surveillance Commissioner decides not to approve an authorisation to which subsection (2) applies, he shall make a report of his findings to the most senior relevant person.

(6)In this section “the most senior relevant person” means—

(a)where the authorisation was granted by the senior authorising officer with any police force who is not someone’s deputy, that senior authorising officer;

(b)where the authorisation was granted by the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad, that Director General;

(c)where the authorisation was granted by a senior authorising officer with a police force who is someone’s deputy, the senior authorising officer whose deputy granted the authorisation;

(d)where the authorisation was granted by the designated deputy of the Director General of the National Criminal Intelligence Service or a person entitled to act for him by virtue of section 34(4)(j), that Director General;

(e)where the authorisation was granted by the designated deputy of the Director General of the National Crime Squad or by a person designated by that Director General for the purposes of section 32(6)(l) or 34(4)(k), that Director General;

(f)where the authorisation was granted by a person entitled to act for a senior authorising officer under section 34(4)(a) to (i), the senior authorising officer in the force in question who is not someone’s deputy; and

(g)where the authorisation was granted by a customs officer, the customs officer for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners of Customs and Excise.

(7)The references in subsection (6) to a person’s deputy are references to the following—

(a)in relation to—

(i)a chief constable of a police force maintained under section 2 of the [1996 c. 16.] Police Act 1996,

(ii)the Commissioner of Police for the City of London, or

(iii)a chief constable of a police force maintained under or by virtue of section 1 of the [1967 c. 77.] Police (Scotland) Act 1967,

to his designated deputy;

(b)in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; and

(c)in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;

and in this subsection and that subsection “designated deputy” has the same meaning as in section 34.

(8)Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.

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