AppealsU.K.
104 Appeals by authorising officers.U.K.
(1)An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the Chief Commissioner against—
(a)any refusal to approve the authorisation or any renewal of it under section 97;
(b)any decision to quash the authorisation, or any renewal of it, under subsection (1) of section 103;
(c)any decision to quash the authorisation, or any renewal of it, under subsection (2) of that section;
(d)any decision to cancel the authorisation under subsection (4) of that section;
(e)any decision to order the destruction of records under subsection (5) of that section;
(f)any refusal to make an order under subsection (6) of that section;
(g)any determination in favour of a complainant under Schedule 7.
(2)In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.
(3)In determining an appeal within subsection (1)(a), the Chief Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct the Commissioner to approve the authorisation or renewal under that section.
(4)In determining—
(a)an appeal within subsection (1)(b), or
(b)an appeal within subsection (1)(g), in a case where paragraph 2(2) of Schedule 7 applies,
the Chief Commissioner shall allow the appeal unless he is satisfied that, at the time the authorisation was given or, as the case may be, renewed there were no reasonable grounds for believing the matters specified in section 93(2).
(5)In determining—
(a)an appeal within subsection (1)(c), or
(b)an appeal within subsection (1)(g), in a case where paragraph 2(3) of Schedule 7 applies,
the Chief Commissioner shall allow the appeal unless he is satisfied as mentioned in section 103(2).
(6)In determining—
(a)an appeal within subsection (1)(d) or (e), or
(b)an appeal within subsection (1)(g), in a case where paragraph 2(4) of Schedule 7 applies,
the Chief Commissioner shall allow the appeal unless he is satisfied that at the time to which the decision relates there were no reasonable grounds for believing the matters specified in section 93(2).
(7)In determining an appeal within subsection (1)(f), the Chief Commissioner shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.
(8)Where an appeal is allowed under this section, the Chief Commissioner shall—
(a)in the case of an appeal within subsection (1)(b) or (c), also quash any order made by the Commissioner to destroy records relating to information obtained by virtue of the authorisation concerned, and
(b)in the case of an appeal within subsection (1)(g), also quash any direction to pay compensation to the complainant.
105 Appeals by authorising officers: supplementary.U.K.
(1)Where the Chief Commissioner determines an appeal under section 104—
(a)he shall give notice of his determination—
(i)to the authorising officer concerned,
(ii)to the Commissioner against whose refusal, decision or determination the appeal was made, and
(iii)in the case of an appeal within subsection (1)(g) of that section, to the complainant, and
(b)if he dismisses the appeal, he shall make a report of his findings—
(i)to the authorising officer concerned,
(ii)to the Commissioner against whose refusal, decision or determination the appeal was made, and
(iii)under section 107(2), to the Prime Minister [and the Scottish Ministers].
(2)Subject to subsection (1)(b), the Chief Commissioner shall not give any reasons for a determination under section 104.
(3)Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a), (c), (d), (f) or (g) of section 93(5).
Modifications etc. (not altering text)
C1Words in s. 105(1)(b)(iii) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(3); S.I. 1998/3178, art. 3
106 Appeals by complainants.U.K.
(1)Where a complainant is notified under paragraph 3(2) of Schedule 7 that no determination in his favour has been made on a complaint, he may, within the period of seven days beginning with the day on which he receives the notice, appeal to the Chief Commissioner against the decision.
(2)Where a complainant appeals under this section, the Chief Commissioner shall have—
(a)all the powers and duties conferred by Schedule 7 on a Commissioner appointed under section 91(1)(b) who is required to investigate a complaint, and
(b)where the Chief Commissioner makes a determination in favour of the complainant by virtue of paragraph (a), all the powers and duties conferred by section 103.
(3)Where, by virtue of subsection (2), the Chief Commissioner makes an order to destroy records under section 103 or directs the payment of compensation under Schedule 7, subsection (8) of that section and paragraph 5(2) of that Schedule shall not apply.
(4)The Chief Commissioner shall make a report of his findings on an appeal under this section—
(a)to the Commissioner who made the decision appealed against, and
(b)where he allows the appeal, to the Prime Minister [F1and to the Scottish Ministers] under section 107(2).
Textual Amendments
F1Words in s. 106(4)(b) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(4); S.I. 1998/3178, art. 3