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Regulation of Investigatory Powers Act 2000

Section 36: Approval required for authorisations for intrusive surveillance to take effect

210.Except in urgent cases, authorisations granted for intrusive surveillance will not take effect until they have been approved by an ordinary Surveillance Commissioner and written notice of the Commissioner's decision has been given to the person who granted the authorisation.

211.Where the person who granted the authorisation believes the case to be one of urgency, the authorisation will take effect from the time of grant, provided the appropriate notice is given to the ordinary Surveillance Commissioner, as described in section 36(3).

212.Subsection (4) provides that an ordinary Surveillance Commissioner shall give his approval only if he is satisfied that there are reasonable grounds for believing that the authorisation is necessary and that the surveillance is proportionate to what is sought to be achieved.

213.If an ordinary Surveillance Commissioner decides not to approve an authorisation, subsection (5) requires him to make a report of his findings to the "most senior relevant person" (as defined in subsections (6) and (7)). This will be the chief constable or equivalent.

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