C2C3C4C5 Part III Authorisation of Action in Respect of Property

Annotations:
Modifications etc. (not altering text)
C2

Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2

C3

Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)

C5

Pt. 3: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(b) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

Appeals

105 Appeals by authorising officers: supplementary.

1

Where the F4Investigatory Powers Commissioner determines an appeal under section 104—

a

he shall give notice of his determination—

i

to the authorising officer concerned, F1and

ii

to F5the Judicial Commissioner against whose refusal, decision or determination the appeal was made, F2. . .

iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

if he dismisses the appeal, he shall make a report of his findings—

i

to the authorising officer concerned,

ii

to F6the Judicial Commissioner against whose refusal, decision or determination the appeal was made, and

iii

F7... to the Prime Minister C1and the Scottish Ministers.

2

Subject to subsection (1)(b), the F4Investigatory Powers Commissioner shall not give any reasons for a determination under section 104.

3

Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a) F3or (c) of section 93(5).