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The Regulation of Investigatory Powers (Cancellation of Authorisations) Regulations 2000
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- 2000 No. 2794
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
Section 45 of the Regulation of Investigatory Powers Act 2000 imposes a duty on a number of persons to cancel authorisations under Part II of the Act, provided certain conditions are met.
These Regulations address the case where the duty falls on a person who is no longer available to perform it. Regulation 2(1)(b) provides for the duty to fall instead on the person who has taken over most of that person’s responsibilities. There is also a power in regulation 2(1)(a) to appoint a person for this specific purpose, which may be needed where the application of regulation 2(1)(b) is uncertain or inappropriate in a particular case.
Where section 45 imposes a duty to cancel on two persons, and one of those persons remains available, neither the Act nor the Regulations relieve the duty imposed on him.
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