39 Appeals to the [F1Investigatory Powers Commissioner] : supplementary.U.K.
(1)Where the [F2Investigatory Powers Commissioner] has determined an appeal under section 38, he shall give notice of his determination to both—
(a)the person by whom the appeal was brought; and
(b)the [F3Judicial Commissioner] whose decision was appealed against.
(2)Where the determination of the [F4Investigatory Powers Commissioner ] on an appeal under section 38 is a determination to dismiss the appeal, the [F4Investigatory Powers Commissioner ] shall make a report of his findings—
(a)to the persons mentioned in subsection (1); and
(b)to the Prime Minister.
(3)[F5Subsections (6) to (8) of section 234 of the Investigatory Powers Act 2016] (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under [F6subsection (1) of that section] .
(4)Subject to subsection (2) of this section, the [F7Investigatory Powers Commissioner] shall not give any reasons for any determination of his on an appeal under section 38.
Textual Amendments
F1Words in s. 39 heading substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F2Words in s. 39(1) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F3Words in s. 39(1)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(f), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F4Words in s. 39(2) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F5Words in s. 39(3) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 77(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F6Words in s. 39(3) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 77(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F7Words in s. 39(4) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)