Explanatory Notes

Regulation of Investigatory Powers Act 2000

2000 CHAPTER 23

28 July 2000

Intrusive Surveillance

Section 38: Appeals against decisions by Surveillance Commissioners

221.A senior authorising officer, or a designated deputy or other person granting an intrusive surveillance authorisation in the absence of the senior authorising officer, may appeal to the Chief Surveillance Commissioner against:

222.Subsection (4) provides that the Chief Surveillance Commissioner must allow an appeal if:

223.In relation to appeals against decisions to quash or cancel authorisations, the Chief Surveillance Commissioner may modify the decision if he considers that there were grounds for the action which the Surveillance Commissioner has taken but such action should have taken effect at a different time. In such cases, he may modify the Surveillance Commissioner's decision to that which he considers should have been made.

224.Where an appeal against a decision to quash or cancel an authorisation is allowed, subsection (6) provides that the Chief Surveillance Commissioner shall quash any related order for the destruction of records.