C1C2 Part II Surveillance and covert human intelligence sources
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 F1Revenue and Customs authorisations
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 F2Investigatory Powers Commissioner : supplementary.
1
Where the F5Investigatory Powers 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 F6Judicial Commissioner whose decision was appealed against.
2
Where the determination of the F7Investigatory Powers Commissioner on an appeal under section 38 is a determination to dismiss the appeal, the F7Investigatory Powers Commissioner shall make a report of his findings—
a
to the persons mentioned in subsection (1); and
b
to the Prime Minister.
3
F3Subsections (6) to (8) of section 234 of the Investigatory Powers Act 2016 (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 F4subsection (1) of that section .
4
Subject to subsection (2) of this section, the F8Investigatory Powers Commissioner shall not give any reasons for any determination of his on an appeal under section 38.
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)