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Regulation of Investigatory Powers (Scotland) Act 2000

Grant, renewal and duration of authorisations

Section 20:  Cancellation of authorisations

86.Subsection (1) sets out when the person who granted or renewed an authorisation must cancel it.

87.Subsection (2) provides that where an authorisation was granted or renewed by a person entitled to act for any other person, then that other person must cancel it in accordance with subsection (1). However, by virtue of subsection (3), where it is not practicable for this person to cancel it, an authorising officer’s deputy (defined in subsections (6) and (7)) who granted an authorisation is also under a duty to cancel an authorisation in those cases where he would have had the power to act on the authorising officer’s behalf.

88.Subsections (4)and (5) provide for the Scottish Ministers to make regulations setting out how the duty for cancelling authorisations should be performed where the authorising officer is no longer available and on whom such a duty should fall.

89.Subsections (6)and (7) define the references to a person’s deputy and designated deputy.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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