Regulation of Investigatory Powers Act 2000

Regulation of Investigatory Powers Act 2000

2000 CHAPTER 23

Other Authorisations

Part Iv:  Scrutiny Etc of Investigatory Powers and of the Functions of the Intelligence Services

Commissioners

Section 69: Tribunal rules

328. This Section describes those rules which the Secretary of State may make subject to the affirmative resolution procedure to regulate the Tribunal’s exercise of its powers, and any matters related to them.

329. Subsections (2) to (5) describe rules the Secretary of State may make, without limiting his power to make rules only to those matters listed.

330. Subsection (6) requires the Secretary of State, in making any rules, to ensure:

• that proceedings before the Tribunal are properly heard and considered; and

• that information is not disclosed where this might be damaging or prejudicial as described in subsection (2)(b).

331. Subsection (7) enables any rules to incorporate, for example, Civil Procedure Rules which have already been made. This avoids the need to create such rules from scratch for the Tribunal where they already exist elsewhere.

332. Subsections (9) to (11) provide that where rules governing the conduct of the Tribunal are made for the first time, they be made under a special 40 day procedure. This will ensure that the Tribunal is operational as soon as the substantive provisions in the Act are brought into force. For all subsequent rules, the affirmative resolution procedure will apply.