The Regulation of Investigatory Powers (Cancellation of Authorisations) (Scotland) Regulations 2002

Made26th April 2002

Laid before the Scottish Parliament27th April 2002

Coming into force20th May 2002

The Scottish Ministers, in exercise of the powers conferred by section 20(4) and (5) of the Regulation of Investigatory Powers (Scotland) Act 20001 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Regulation of Investigatory Powers (Cancellation of Authorisations) (Scotland) Regulations 2002 and shall come into force on 20th May 2002.

Performance of duty to cancel2

1

Where any duty imposed by section 20 of the Regulation of Investigatory Powers (Scotland) Act 2000 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 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.

R J SIMPSONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh26th April 2002

(This note is not part of the Regulations)

Section 20 of the Regulation of Investigatory Powers (Scotland) Act 2000 imposes a duty on a number of persons to cancel authorisations under 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. Where a person is appointed for this specific purpose, which may be needed where the application of regulation 2(1)(b) is uncertain or inappropriate in a particular case, regulation 2(1)(a) provides that the appointment shall be in accordance with regulation 2(2). Regulation 2(2) makes provision about the seniority of both the person making the appointment and the person appointed.

Where section 20 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.