- Statutory Instrument 2000 No. 2794
The Regulation of Investigatory Powers (Cancellation of Authorisations) Regulations 2000
© Crown Copyright 2000
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Regulation of Investigatory Powers (Cancellation of Authorisations) Regulations 2000, ISBN 0 11 018656 7. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 10th October 2000 | ||
| Laid before Parliament | 16th October 2000 | ||
| Coming into force | 6th November 2000 |
The Secretary of State, in exercise of the powers conferred on him by section 45(4) and (5) of the Regulation of Investigatory Powers Act 2000[1], hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Regulation of Investigatory Powers (Cancellation of Authorisations) Regulations 2000, and shall come into force on 6th November 2000.
Performance of duty to cancel
2. - (1) Where any duty imposed by section 45 of the Regulation of Investigatory Powers Act 2000(a) would otherwise fall on a person who is no longer available to perform it, that duty is to be performed by -
-
(a) the person, if any, appointed for the purpose of these Regulations in accordance with paragraph (2);
(b) where no such person has been appointed, the person, if any, who holds the same office, rank or position in the same public authority as was held by the person who is no longer available and who has taken over that person's responsibilities or most of them.
(2) The person making an appointment for the purpose of these Regulations, and the person appointed, must each be a person holding the same office, rank or position (or a more senior one) in the same public authority as was held by the person who is no longer available.
Charles Clarke
Minister of State
Home Office
10th October 2000
(This note is not part of the Regulations)
Section 45 of the Regulation of Investigatory Powers Act 2000 imposes a duty on a number of persons to cancel authorisations under Part II of the Act, provided certain conditions are met.
These Regulations address the case where the duty falls on a person who is no longer available to perform it. Regulation 2(1)(b) provides for the duty to fall instead on the person who has taken over most of that person's responsibilities. There is also a power in regulation 2(1)(a) to appoint a person for this specific purpose, which may be needed where the application of regulation 2(1)(b) is uncertain or inappropriate in a particular case.
Where section 45 imposes a duty to cancel on two persons, and one of those persons remains available, neither the Act nor the Regulations relieve the duty imposed on him.
Notes:
[1] 2000 c. 23.back
ISBN 0 11 018656 7