in connection with the investigation of any matter by the Tribunal; or

otherwise for the purposes of the Tribunal’s consideration or determination of any matter.

every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Investigatory Powers Commissioner for Northern Ireland,

every person who has engaged in conduct with the authority of such an authorisation,

every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a), and

every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II) activities which are or may be subject to any such review have been or may be carried out,

the prevention or detection of serious crime, or

the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,

in any capacity in which he is or was the holder of a high judicial office (within the meaning of F6Part 3 of the Constitutional Reform Act 2005); or

as a county court judge.

to be the only appropriate tribunal for the purposes of section 7 of the M1Human Rights Act 1998 in relation to any proceedings under subsection (1)(a) of that section (proceedings for actions incompatible with Convention rights) which fall within subsection (3) of this section;

to consider and determine any complaints made to them which, in accordance with subsection (4) F13 ... , are complaints for which the Tribunal is the appropriate forum;

to consider and determine any complaints made to them which, in accordance with subsection (4AA), are complaints for which the Tribunal is the appropriate forum;

to consider and determine any reference to them by any person that he has suffered detriment as a consequence of any prohibition or restriction, by virtue of F15section 56 of the Investigatory Powers Act 2016, on his relying in, or for the purposes of, any civil proceedings on any matter; and

to hear and determine any other such proceedings falling within subsection (3) as may be allocated to them in accordance with provision made by the Secretary of State by order.

they are proceedings against any of the intelligence services;

they are proceedings against any other person in respect of any conduct, proposed conduct, by or on behalf of any of those services;

they are proceedings brought by virtue of section 55(4); F16 or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

they are proceedings relating to the taking place in any challengeable circumstances of any conduct falling within subsection (5).

to have taken place in relation to him, to any of his property, to any communications sent by or to him, or intended for him, or to his use of any postal service, telecommunications service or telecommunication system; and

to have taken place in challengeable circumstances or to have been carried out by or on behalf of any of the intelligence services.

conduct by or on behalf of any of the intelligence services;

conduct for or in connection with the interception of communications in the course of their transmission by means of a postal service or telecommunication system;

conduct for or in connection with the obtaining of secondary data from communications transmitted by means of such a service or system;

the issue, modification, renewal or service of a warrant under Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016 (interception of communications);

conduct of a kind which may be permitted or required by an authorisation or notice under Part 3 of that Act or a warrant under Chapter 2 of Part 6 of that Act (acquisition of communications data);

the giving of an authorisation or notice under Part 3 of that Act or the issue, modification, renewal or service of a warrant under Chapter 2 of Part 6 of that Act;

conduct of a kind which may be required or permitted by a retention notice under Part 4 of that Act (retention of communications data) but excluding any conduct which is subject to review by the Information Commissioner;

the giving or varying of a retention notice under that Part of that Act;

conduct of a kind which may be required or permitted by a warrant under Part 5 or Chapter 3 of Part 6 of that Act (equipment interference);

the issue, modification, renewal or service of a warrant under Part 5 or Chapter 3 of Part 6 of that Act;

the issue, modification, renewal or service of a warrant under Part 7 of that Act (bulk personal dataset warrants);

the giving of an authorisation under section 219(3)(b) (authorisation for the retention, or retention and examination, of material following expiry of bulk personal dataset warrant);

the giving or varying of a direction under section 225 of that Act (directions where no bulk personal dataset warrant required);

the granting or renewal of an authorisation under Part 7A of that Act (low or no expectation of privacy bulk personal datasets);

the issue, renewal or service of a warrant under Part 7B of that Act (third party bulk personal datasets);

conduct of a kind which may be required by a notice under section 252 or 253 of that Act (national security or technical capability notices);

the giving or varying of such a notice;

the giving of an authorisation under section 152(5)(c) or 193(5)(c) of that Act (certain authorisations to examine intercepted content or protected material);

any conduct in connection with any conduct falling within paragraph (c), (czb), (czd) or (czi);

the carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);

F26other conduct to which Part II applies;

the giving of a notice under section 49 or any disclosure or use of a key to protected information;

any entry on or interference with property or any interference with wireless telegraphy.

any of the intelligence services;

any of Her Majesty’s forces;

any police force;

the Service Police Complaints Commissioner;

the Police Investigations and Review Commissioner;

the National Crime Agency;

the Competition and Markets Authority;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Commissioners for Her Majesty's Revenue and Customs;

it takes place with the authority, or purported authority, of anything falling within subsection (8); or

the circumstances are such that (whether or not there is such authority) it would not have been appropriate for the conduct to take place without it, or at least without proper consideration having been given to whether such authority should be sought;

a warrant under Part 2, 5, 6 F43, 7 or 7B of the Investigatory Powers Act 2016;

an authorisation or notice under Part 3 of that Act;

a retention notice under Part 4 of that Act;

a direction under section 225 of that Act;

an authorisation under Part 7A of that Act;

a notice under section 252 or 253 of that Act;

an authorisation under Part II of this Act or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by that Part;

a permission for the purposes of Schedule 2 to this Act;

a notice under section 49 of this Act; or

an authorisation under section 93 of the M2Police Act 1997.

references to a key and to protected information shall be construed in accordance with section 56;

references to the disclosure or use of a key to protected information taking place in relation to a person are references to such a disclosure or use taking place in a case in which that person has had possession of the key or of the protected information; and

references to the disclosure of a key to protected information include references to the making of any disclosure in an intelligible form (within the meaning of section 56) of protected information by a person who is or has been in possession of the key to that information;

any judge of the High Court or of the Crown Court or any Circuit Judge;

any judge of the High Court of Justiciary or any sheriff;

any justice of the peace;

any county court judge or resident magistrate in Northern Ireland;

any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.

to hear and determine any proceedings brought before them by virtue of section 65(2)(a) or (d); and

to consider and determine any complaint or reference made to them by virtue of section 65(2)(b) F46, (ba) or (c).

to investigate the authority (if any) for any conduct falling within section 65(5) which they find has been so engaged in; and

in relation to the Tribunal’s findings from their investigations, to determine the complaint by applying the same principles as would be applied by a court on an application for judicial review.

section 65(2)(b) if it is made more than one year after the taking place of the conduct to which it relates F48, or

section 65(2)(ba) if it is made more than one year after the personal data breach to which it relates.

an order quashing or cancelling any warrant or authorisation;

an order quashing or cancelling a notice under Part 3 of the Investigatory Powers Act 2016 or a retention notice under Part 4 of that Act;

an order quashing or revoking a direction under section 225 of that Act;

an order quashing or revoking a notice under section 252 or 253 of that Act;

an order quashing an order under F52section 23A or 32A F52section 75 of the Investigatory Powers Act 2016 or section 32A of this Act by the relevant judicial authority (within the meaning of that section); and

the Court of Appeal in England and Wales,

the Court of Session.

is to be heard by the relevant appellate court, but

may not be made without the leave of the Tribunal or, if that is refused, of the relevant appellate court.

the appeal would raise an important point of principle or practice, or

there is another compelling reason for granting leave.

in connection with the investigation of any matter, or

otherwise for the purposes of the Tribunal’s consideration or determination of any 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.

a statement that they have made a determination in his favour; or

a statement that no determination has been made in his favour.

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 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.

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,

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.

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 F58, or notice under Part 4 of the Investigatory Powers Act 2016 or under section 252 or 253 of that Act or direction under section 225 of that Act, was issued, granted or given by the Secretary of State,

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 F59or the Investigatory Powers Act 2016.

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 F64section 41, 126, 149, 168 or 190 of the Investigatory Powers Act 2016 to provide assistance with giving effect to F65a warrant;

every person on whom an obligation to take any steps has been imposed under F66section 252 or 253 of that Act;

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 M3Police Act 1997;

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 ofF68—

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 F69or warrant has been or may be given;

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) F70, (ha) or (m).

the Investigatory Powers Commissioner or any other Judicial Commissioner,

the Investigatory Powers Commissioner for Northern Ireland, or

the Information Commissioner.

the exercise by the Tribunal of the jurisdiction conferred on them by or under section 65; and

any matters preliminary or incidental to, or arising out of, the hearing or consideration of any proceedings, complaint or reference brought before or made to the Tribunal.

enable the jurisdiction of the Tribunal to be exercised at any place in the United Kingdom by any two or more members of the Tribunal designated for the purpose by the President of the Tribunal;

enable different members of the Tribunal to carry out functions in relation to different complaints at the same time;

prescribe the form and manner in which proceedings are to be brought before the Tribunal or a complaint or reference is to be made to the Tribunal;

prescribe the forms of hearing or consideration to be adopted by the Tribunal in relation to particular proceedings, complaints or references (including a form that requires any proceedings brought before the Tribunal to be disposed of as if they were a complaint or reference made to the Tribunal);

prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings, complaint or reference (including, where applicable, the mode and burden of proof and the admissibility of evidence);

prescribe orders that may be made by the Tribunal under section 67(6) or (7);

require information about any determination, award, order or other decision made by the Tribunal in relation to any proceedings, complaint or reference to be provided (in addition to any statement under section 68(4) F72or notice under section 68(4C)) to the person who brought the proceedings or made the complaint or reference, or to the person representing his interestsF73;

make provision about the making and determination of applications to the Tribunal for permission to appeal

for a person who has brought any proceedings before or made any complaint or reference to the Tribunal to have the right to be legally represented;

for the manner in which the interests of a person who has brought any proceedings before or made any complaint or reference to the Tribunal are otherwise to be represented;

for the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests in the case of any proceedings, complaint or reference.

enabling or requiring the Tribunal to hear or consider any proceedings, complaint or reference without the person who brought the proceedings or made the complaint or reference having been given full particulars of the reasons for any conduct which is the subject of the proceedings, complaint or reference;

enabling or requiring the Tribunal to take any steps in exercise of their jurisdiction in the absence of any person (including the person bringing the proceedings or making the complaint or reference and any legal representative of his);

enabling or requiring the Tribunal to give a summary of any evidence taken in his absence to the person by whom the proceedings were brought or, as the case may be, to the person who made the complaint or reference;

enabling or requiring the Tribunal to exercise their jurisdiction, and to exercise and perform the powers and duties conferred or imposed on them (including, in particular, in relation to the giving of reasons), in such manner provided for in the rules as prevents or limits the disclosure of particular matters.

enabling powers or duties of the Tribunal that relate to matters preliminary or incidental to the hearing or consideration of any proceedings, complaint or reference to be exercised or performed by a single member of the Tribunal; and

conferring on the Tribunal such ancillary powers as the Secretary of State thinks necessary for the purposes of, or in connection with, the exercise of the Tribunal’s jurisdiction, or the exercise or performance of any power or duty conferred or imposed on them.

the need to secure that matters which are the subject of proceedings, complaints or references brought before or made to the Tribunal are properly heard and considered; and

the need to secure that information is not disclosed to an extent, or in a manner, that is contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services.

the rules’ ceasing to have effect shall be without prejudice to anything previously done or to the making of new rules; and

in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

section 5 of, and Schedules 1 and 2 to, the M4Security Service Act 1989 (investigation of complaints about the Security Service made to the Tribunal established under that Act);

section 9 of, and Schedules 1 and 2 to, the M5Intelligence Services Act 1994 (investigation of complaints about the Secret Intelligence Service or GCHQ made to the Tribunal established under that Act); and

section 102 of, and Schedule 7 to, the M6Police Act 1997 (investigation of complaints made to the Surveillance Commissioners).

F78Parts 2 and 3 of this Act;

section 5 of the M7Intelligence Services Act 1994 (warrants for interference with property or wireless telegraphy for the purposes of the intelligence services); and

Part III of the M8Police Act 1997 (authorisation by the police or F79Her Majesty's Revenue and Customs of interference with property or wireless telegraphy).

prepare and publish a draft of that code; and

consider any representations made to him about the draft;

revise the whole or any part of a code issued under this section; and

issue the revised code.

the court or tribunal conducting any civil or criminal proceedings,

the Tribunal,

the Investigatory Powers Commissioner for Northern Ireland carrying out functions under this Act, or

the Investigatory Powers Commissioner or any other Judicial Commissioner carrying out functions under this Act, the Investigatory Powers Act 2016 or the Police Act 1997,