Part II U.K. Surveillance and covert human intelligence sources

Modifications etc. (not altering text)

C1 Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3

Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)

C2 Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))

Police and [F1 Revenue and Customs] authorisations U.K.

Textual Amendments

F1 Words in cross-heading before s. 33 substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 11; S.I. 2008/219, art. 2(b)

39 Appeals to the Chief Surveillance Commissioner: supplementary. U.K.

(1) Where the Chief Surveillance Commissioner has determined an appeal under section 38, he shall give notice of his determination to both—

(a) the person by whom the appeal was brought; and

(b) the ordinary Surveillance Commissioner whose decision was appealed against.

(2) Where the determination of the Chief Surveillance Commissioner on an appeal under section 38 is a determination to dismiss the appeal, the Chief Surveillance Commissioner shall make a report of his findings—

(a) to the persons mentioned in subsection (1); and

(b) to the Prime Minister.

(3) Subsections (3) and (4) of section 107 of the M1 Police Act 1997 (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under subsection (2) of that section.

(4) Subject to subsection (2) of this section, the Chief Surveillance Commissioner shall not give any reasons for any determination of his on an appeal under section 38.

Marginal Citations

M1 1997 c. 50.