Modifications etc. (not altering text)
C1Pt. 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
C2Pt. 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)
C3Pt. 3 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2 (as amended (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(5) (with reg. 37))
C4Pt. 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)
(1)Where, at any time, [F1a Judicial Commissioner] is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.
(2)Where, in the case of an authorisation or renewal to which section 97 does not apply, [F2a Judicial Commissioner] is at any time satisfied that, at the time the authorisation was given or, as the case may be, renewed,—
(a)there were reasonable grounds for believing any of the matters specified in subsection (2) of section 97, and
(b)there were no reasonable grounds for believing the case to be one of urgency for the purposes of subsection (3) of that section,
he may quash the authorisation or, as the case may be, renewal.
(3)Where [F3a Judicial Commissioner] quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.
(4)If [F4a Judicial Commissioner] is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.
(5)Where—
(a)an authorisation has ceased to have effect (otherwise than by virtue of subsection (1) or (2)), and
(b)[F5a Judicial Commissioner] is satisfied that, at any time during the period of the authorisation, there were no reasonable grounds for believing the matters specified in section 93(2),
he may order the destruction of any records relating, wholly or partly, to information which was obtained by virtue of the authorisation after that time (other than records required for pending criminal or civil proceedings).
(6)Where [F6a Judicial Commissioner] exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.
(7)Where [F7a Judicial Commissioner (other than the Investigatory Powers Commissioner)] exercises a power conferred by this section, he shall, as soon as is reasonably practicable, make a report of his findings—
(a)to the authorising officer who gave the authorisation or in whose absence it was given, and
(b)to the [F8Investigatory Powers Commissioner];
[F9and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.]
(8)Where—
(a)a decision is made under subsection (1) or (2) and an order for the destruction of records is made under subsection (3), or
(b)a decision to order the destruction of records is made under subsection (5),
the order shall not become operative until [F10any period] for appealing against the decision has expired and, where an appeal is made, a decision dismissing it has been made by the [F11Investigatory Powers Commissioner].
(9)[F12A Judicial Commissioner] may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.
Textual Amendments
F1Words in s. 103(1) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F2Words in s. 103(2) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F3Words in s. 103(3) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F4Words in s. 103(4) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F5Words in s. 103(5)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F6Words in s. 103(6) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F7Words in s. 103(7) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(d), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F8Words in s. 103(7)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F9Words in s. 103(7) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(8) (with s. 82(3)); S.I. 2000/2543, art. 2
F10Words in s. 103(8) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 72 (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F11Words in s. 103(8) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F12Words in s. 103(9) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(h), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
Modifications etc. (not altering text)
C5S. 103(1)(2) excluded (26.9.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 8 para. 24(1)(c) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 3(g)(ii)
C6S. 103(4) excluded (26.9.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 8 para. 24(1)(c) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 3(g)(ii)
C7S. 103(6) applied (26.9.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 8 para. 24(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 3(g)(ii)