Regulation of Investigatory Powers Act 2000

Changes over time for: Section 35

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Regulation of Investigatory Powers Act 2000, Section 35 is up to date with all changes known to be in force on or before 23 April 2024. 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.

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 30(6A)-(6D) inserted by 2016 anaw 6 s. 187(2)(b)
Sch. 1 para. 16A and cross-heading inserted by 2016 anaw 6 s. 187(3)
Sch. 1 Pt. 1 para. 20H inserted by 2013 c. 32 Sch. 12 para. 74

35 Notification of authorisations for intrusive surveillance.U.K.

This adran has no associated Nodiadau Esboniadol

(1)Where a person grants or cancels a [F1police, [F2tri-service serious crime unit,] [F3Service Police Complaints Commissioner,] [F4the National Crime Agency], [F5Revenue and Customs [F6, immigration]]] [F7or CMA] authorisation for the carrying out of intrusive surveillance, he shall give notice that he has done so to [F8a Judicial Commissioner] .

(2)A notice given for the purposes of subsection (1)—

(a)must be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;

(b)must be given in accordance with any such arrangements made for the purposes of this paragraph by the [F9Investigatory Powers Commissioner] as are for the time being in force; and

(c)must specify such matters as the Secretary of State may by order prescribe.

(3)A notice under this section of the grant of an authorisation shall, as the case may be, either—

(a)state that the approval of a [F10Judicial Commissioner] is required by section 36 before the grant of the authorisation will take effect; or

(b)state that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.

(4)Where a notice for the purposes of subsection (1) of the grant of an authorisation has been received by [F11a Judicial Commissioner ] , he shall, as soon as practicable—

(a)scrutinise the authorisation; and

(b)in a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.

(5)Subject to subsection (6), the Secretary of State shall not make an order under subsection (2)(c) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(6)Subsection (5) does not apply in the case of the order made on the first occasion on which the Secretary of State exercises his power to make an order under subsection (2)(c).

(7)The order made on that occasion shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, it has been approved by a resolution of each House of Parliament.

(8)For the purposes of subsection (7)—

(a)the order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; and

(b)in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(9)Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.

(10)In this section references to a [F12police, [F13tri-service serious crime unit,] [F14Service Police Complaints Commissioner,] [F15the National Crime Agency], [F16Revenue and Customs [F17 immigration]]] [F18or CMA] authorisation are references to an authorisation granted by—

(a)a person who is a senior authorising officer by reference to a police force [F19or the [F20National Crime Agency]];

[F21(aa)the Provost Marshal for serious crime;]

[F22(ab)the Service Police Complaints Commissioner;]

(b)a person who is a senior authorising officer by virtue of a designation [F23under section 32(6)(m) or (ma)]; F24...

[F25(ba)the chair of the CMA; or]

(c)a person who for the purposes of section 34 is entitled to act for a person falling within paragraph (a) [F26or for a person falling within paragraph (aa)] or for a person falling within paragraph (b) [F27or for a person falling within paragraph (ba)].

Textual Amendments

F1Words in s. 35(1) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 139(2); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F2Words in s. 35(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 17(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F3Words in s. 35(1) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(5)(a)

F4Words in s. 35(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 85(2); S.I. 2013/1682, art. 3(v)

F5Words in s. 35(1) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 13(a); S.I. 2008/219, art. 2(b)

F6Word in s. 35(1) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 9(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(i)

F7Words in s. 35(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 137(2) (with art. 3)

F8Words in s. 35(1) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F9Words in s. 35(2)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F10Words in s. 35(3)(a) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F11Words in s. 35(4) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)