Section 35:Notification of authorisations for intrusive surveillance
208.Where a police or customs intrusive surveillance authorisation is granted, renewed or cancelled, except where it is cancelled under section 37(3), written notification must be given to an ordinary Surveillance Commissioner as soon as reasonably practicable. Subsection (2) requires that notification to be in accordance with arrangements made by the Chief Surveillance Commissioner and must specify the matters prescribed by order of the Secretary of State. Such a notice will indicate that the authorisation or renewal requires the approval of an ordinary Surveillance Commissioner before it takes effect (see section 36) or it will state that the case is one of urgency, together with the grounds for that belief. Although the order by the Secretary of State will be subject to the affirmative procedure, the initial order can be made without the approval of both Houses of Parliament, provided it is approved by Parliament within 40 days.
209.Subsection (4) provides that the ordinary Surveillance Commissioner will, as soon as practicable, scrutinise the notice, which can be transmitted by electronic means, and decide whether or not to approve the authorisation in those cases where his approval is required.
