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Regulation of Investigatory Powers Act 2000

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This is the original version (as it was originally enacted).

62Additional functions of Chief Surveillance Commissioner

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(1)The Chief Surveillance Commissioner shall (in addition to his functions under the [1997 c. 50.] 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 Intelligence Services Commissioner or the Investigatory Powers Commissioner for Northern Ireland—

(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 55 are sought to be discharged in relation to persons whose conduct is subject to review under paragraph (b).

(2)It shall not by virtue of this section be the function of the Chief Surveillance Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.

(3)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.

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