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Regulation of Investigatory Powers (Scotland) Act 2000

Chief Surveillance Commissioner

Section 22:  Co-operation with and reports by Commissioner

93.Subsection (1) requires that all those who may be involved in requesting, authorising, carrying out or using the products of surveillance or covert human intelligence sources should disclose or provide to the Surveillance Commissioner all documents and information required by that Commissioner.

94.Subsection (2) imposes a duty upon the Chief Surveillance Commissioner to make a report to the Scottish Ministers with respect to any case where he considers that there has been a contravention of the provisions of the Act in relation to any matter with which the Commissioner is concerned and where the contravention has not been the subject of a report made to the Scottish Ministers by the Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000.

95.Subsection (3) imposes a duty upon the Chief Surveillance Commissioner to make an annual report to the Scottish Ministers with respect to the carrying out of his functions under the Act.

96.Subsection (4) requires the Scottish Ministers to lay before the Scottish Parliament a copy of every annual report made by the Chief Surveillance Commissioner under subsection (3), together with a statement as to whether any matter has been excluded from that copy in pursuance of the provisions of subsection (5).

97.Subsection (5) provides that the Scottish Ministers may exclude from the copy of any annual report to be made by the Chief Surveillance Commissioner such matters which it appears to them should not be published because it would be contrary to the public interests, prejudicial to the prevention or detection of serious crime or prejudicial to the continued discharge of the functions of any public authorities whose activities include activities that are subject to the review by the Commissioner.

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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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