Explanatory Notes

Regulation of Investigatory Powers Act 2000

2000 CHAPTER 23

28 July 2000

Other Authorisations

Grant, renewal and duration of authorisations

Section 45: Cancellation of authorisations

249.Subsection (1) sets out when the person who granted or renewed an authorisation must cancel it.

250.Subsection (2) sets out who else is responsible for cancelling the authorisation eg the person who would have granted it if it had not been an urgent case or been granted by a deputy. However, an authorising officer’s deputy (defined in subsections (6) and (7)) is also under a duty to cancel an authorisation in those cases where he would have had the power to grant the authorisation on the authorising officer’s behalf.

251.Subsections (4) and (5) provide for the Secretary of State to make regulations setting out how the duty for cancelling authorisations should be performed where the authorising officer is no longer available, and on whom such a duty should fall.