Intelligence Services Act 1994

5 (1) Where a reference is made to the Commissioner under paragraph 2 or paragraph 4 above, the Commissioner shall investigate, as the case may require,—

(a) whether a warrant was issued under section 5 of this Act in relation to the property concerned; or

(b) whether an authorisation was given under section 7 of this Act to the doing of the act in question.

(2) If the Commissioner finds that a warrant was issued or an authorisation was given, he shall, applying the principles applied by a court on an application for judicial review, determine whether the Secretary of State was [F1 or, in the case of a warrant issued by them (by virtue of provision made under section 63 of the Scotland Act 1998, the Scottish Ministers were] acting properly in issuing or renewing the warrant or, as the case may be, in giving or renewing the authorisation.

(3) The Commissioner shall inform the Tribunal of his conclusion on any reference made to him under paragraph 2 or paragraph 4 above.

Textual Amendments

F1 Words in Sch. 1 para. 5(2) inserted (1.7.1999) by S.I. 1999/1750, art. 6(1), Sch. 5 para. 14(4)(a)

Commencement Information

I1 Sch. 1 para. 5 wholly in force at 15.12.1994; Sch. 1 para. 5 not in force at Royal Assent, see s. 12(2); Sch. 1 para. 5 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2