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Regulation of Investigatory Powers Act 2000

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Regulation of Investigatory Powers Act 2000, Section 77A is up to date with all changes known to be in force on or before 06 July 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F177AProcedure for order of sheriff under section F2... 32A: ScotlandU.K.

This section has no associated Explanatory Notes

(1)This section applies to an application to the sheriff for an order under section F3... 32A.

(2)Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular—

(a)require the sheriff to determine an application in private,

(b)secure that any hearing is to be held in private, and

(c)ensure that notice of an application (or of any order being made) is not given to—

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

(ii)such a person's representatives.

(3)The Court of Session's power under section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate and prescribe the procedure and practice to be followed in relation to an application to which this section applies is subject to, but is not otherwise constrained by, [F4section 32B] and this section.]

Textual Amendments

F1Ss. 77A, 77B inserted (1.11.2012 for specified purposes) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 15 (with s. 97); S.I. 2012/2075, art. 4(e)

F2Words in s. 77A heading omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(a)

F3Words in s. 77A(1) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(b)

F4Words in s. 77A(3) substituted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(c)

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