S. 68 wholly in force at 1.10.2007; s. 68 not in force at Royal Assent see s. 83(2); s. 68 in force except s. 68(7)(g)(h)(m) and s. 68(7)(n) in respect of s. 68(7)(m) at 2.10.2000 by S.I. 2000/2543, art. 3; s. 68(7)(g)(h) in force at 5.1.2004 by S.I. 2003/3140, art. 2; s. 68(7)(m) in force and (n) in force for certain purposes at 1.10.2007 by S.I. 2007/2196, art. 2(g)
Words in s. 68(5)(b) inserted (12.3.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(3), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(c)(v)
Words in s. 68(6)(b) inserted (12.3.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(4), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(c)(vi)
S. 68(7)(b) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 97; S.I. 2013/1682, art. 3(v)
S. 68(7)(ba) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(22)(a)
S. 68(7)(da) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(22)(b)
S. 68(7)(db) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 10(11)
Words in s. 68(7)(e) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(5)(a)(i), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 11(e)(vii)
Words in s. 68(7)(e) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(5)(a)(ii), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 11(e)(vii)
Words in s. 68(7)(f) substituted (12.3.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(5)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(c)(vii)
S. 68(7)(g)-(ha) substituted for s. 68(g)(h) (12.3.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(5)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(c)(vii)
Words in s. 68(7)(k) substituted (22.8.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(5)(d), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/873, reg. 3(i)
Words in s. 68(7)(l) inserted (22.8.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(5)(e), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/873, reg. 3(i)
Word in s. 68(7)(n) inserted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(5)(f), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 11(e)(vii)
Words in s. 68(8) substituted (12.3.2018) by Investigatory Powers Act 2016 (c. 25), ss. 243(6), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(c)(viii)
S. 68 applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(ii) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))
S. 68 modified (8.3.2018) by The Investigatory Powers Act 2016 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018 (S.I. 2018/341), reg. 7
S. 68 modified (18.7.2018) by The Investigatory Powers Act 2016 (Commencement No. 7 and Transitional and Saving Provisions) Regulations 2018 (S.I. 2018/873), reg. 10
S. 68(7) modified (temp.) (29.5.2018) by The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018 (S.I. 2018/652), reg. 19(5)
S. 68(7) modified (temp.) (29.5.2018) by The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018 (S.I. 2018/652), reg. 26
S. 68(7)(e) modified (temp.) (29.5.2018) by The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018 (S.I. 2018/652), reg. 19(3)(c)
S. 68(7)(e) modified (20.8.2018) by The Investigatory Powers Act 2016 (Commencement No. 8 and Transitional and Saving Provisions) Regulations 2018 (S.I. 2018/940), reg. 8(2)(3)
Subject to any rules made under section 69, the Tribunal shall be entitled to determine their own procedure in relation to any proceedings, complaint or reference brought before or made to them.
The Tribunal shall have power—
in connection with the investigation of any matter, or
otherwise for the purposes of the Tribunal’s consideration or determination of any matter,
to require a relevant Commissioner appearing to the Tribunal to have functions in relation to the matter in question to provide the Tribunal with all such assistance (including that Commissioner’s opinion as to any issue falling to be determined by the Tribunal) as the Tribunal think fit.
Where the Tribunal hear or consider any proceedings, complaint or reference relating to any matter, they shall secure that every relevant Commissioner appearing to them to have functions in relation to that matter—
is aware that the matter is the subject of proceedings, a complaint or a reference brought before or made to the Tribunal; and
is kept informed of any determination, award, order or other decision made by the Tribunal with respect to that matter.
Where the Tribunal determine any proceedings, complaint or reference brought before or made to them, they shall give notice to the complainant which (subject to any rules made by virtue of section 69(2)(i)) shall be confined, as the case may be, to either—
a statement that they have made a determination in his favour; or
a statement that no determination has been made in his favour.
Where the Tribunal make any determination of a kind mentioned in subsection (4), they must also give notice to—
in the case of proceedings, the respondent,
in the case of a complaint, the person complained against, and
in the case of a reference, any public authority to whom the reference relates.
A notice under subsection (4A) is (subject to any rules made by virtue of section 69(2)(j)) to be confined, as the case may be, to either—
a statement that they have made a determination in the complainant's favour, or
a statement that no determination has been made in the complainant's favour.
Where the Tribunal make any decision which—
is a final decision of a preliminary issue in relation to any proceedings, complaint or reference brought before or made to them, and
is neither a determination of a kind mentioned in subsection (4) nor a decision relating to a procedural matter,
they must give notice of that decision to every person who would be entitled to receive notice of the determination under subsection (4) or (4A).
A notice under subsection (4C) is (subject to any rules made by virtue of section 69(2)(i) or (j)) to be confined to a statement as to what the decision is.
Subsections (4C) and (4D) do not apply so far as—
the Tribunal are prevented from giving notice of a decision to a person by rules made by virtue of section 69(4) or decide under such rules not to give such a notice, or
the giving of such a notice is inconsistent with such rules.
Where—
the Tribunal make a determination in favour of any person by whom any proceedings have been brought before the Tribunal or by whom any complaint or reference has been made to the Tribunal, and
the determination relates to any act or omission by or on behalf of the Secretary of State or to conduct for which any warrant, authorisation or permission
they shall make a report of their findings to the Prime Minister.
It shall be the duty of the persons specified in subsection (7) to disclose or provide to the Tribunal all such documents and information as the Tribunal may require for the purpose of enabling them—
to exercise the jurisdiction conferred on them by or under section 65; or
otherwise to exercise or perform any power or duty conferred or imposed on them by or under this Act
Those persons are—
every person holding office under the Crown;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
every person employed by or for the purposes of a police force;
the Police Investigations and Review Commissioner and every member of the Commissioner’s staff;
the Service Police Complaints Commissioner and every member of the Commissioner’s staff;
every person required for the purposes of
every person on whom an obligation to take any steps has been imposed under
every person by or to whom an authorisation under Part 3 of that Act has been granted;
every person to whom a notice under Part 3 of that Act has been given;
every person to whom a retention notice under Part 4 of that Act or a notice under section 252 or 253 of that Act has been given;
every person by whom, or on whose application, there has been granted or given any authorisation under Part II of this Act or under Part III of the
every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (i);
every person who has engaged in any conduct with the authority of
an authorisation under Part 3 of the Investigatory Powers Act 2016, Part 2 of this Act or Part 3 of the Police Act 1997, or
a warrant under Chapter 2 of Part 6 of the Investigatory Powers Act 2016;
every person who holds or has held any office, rank or position with a public authority for whose benefit any such authorisation
every person to whom a notice under section 49 has been given; and
every person who is or has been employed for the purposes of any business of a person falling within paragraph (e), (f), (h)
In this section “