The Regulation of Investigatory Powers (Cancellation of Authorisations) (Scotland) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

Section 20 of the Regulation of Investigatory Powers (Scotland) Act 2000 imposes a duty on a number of persons to cancel authorisations under 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. Where a person is appointed for this specific purpose, which may be needed where the application of regulation 2(1)(b) is uncertain or inappropriate in a particular case, regulation 2(1)(a) provides that the appointment shall be in accordance with regulation 2(2). Regulation 2(2) makes provision about the seniority of both the person making the appointment and the person appointed.

Where section 20 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.