Search Legislation

Regulation of Investigatory Powers Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Regulation of Investigatory Powers Act 2000, Section 67 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 67:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

67 Exercise of the Tribunal’s jurisdiction.U.K.

This section has no associated Explanatory Notes

(1)Subject to subsections (4) and (5), it shall be the duty of the Tribunal—

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

(b)to consider and determine any complaint or reference made to them by virtue of section 65(2)(b) [F1, (ba)] or (c).

(2)Where the Tribunal hear any proceedings by virtue of section 65(2)(a), they shall apply the same principles for making their determination in those proceedings as would be applied by a court on an application for judicial review.

(3)Where the Tribunal consider a complaint made to them by virtue of section 65(2)(b), it shall be the duty of the Tribunal—

(a)to investigate whether the persons against whom any allegations are made in the complaint have engaged in relation to—

(i)the complainant,

(ii)any of his property,

(iii)any communications sent by or to him, or intended for him, or

(iv)his use of any postal service, telecommunications service or telecommunication system,

in any conduct falling within section 65(5);

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

(c)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.

(4)The Tribunal shall not be under any duty to hear, consider or determine any proceedings, complaint or reference if it appears to them that the bringing of the proceedings or the making of the complaint or reference is frivolous or vexatious.

(5)Except where the Tribunal, having regard to all the circumstances, are satisfied that it is equitable to do so, they shall not consider or determine any complaint made by virtue of

[F2(a)] section 65(2)(b) if it is made more than one year after the taking place of the conduct to which it relates [F3, or

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

(6)Subject to any provision made by rules under section 69, where any proceedings have been brought before the Tribunal or any [F4complaint or reference has been] made to the Tribunal, they shall have power to make such interim orders, pending their final determination, as they think fit.

(7)Subject to any provision made by rules under section 69, the Tribunal on determining any proceedings, complaint or reference shall have power to make any such award of compensation or other order as they think fit; and, without prejudice to the power to make rules under section 69(2)(h), the other orders that may be made by the Tribunal include—

(a)an order quashing or cancelling any warrant or authorisation;

[F5(aza)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;

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

(azc)an order quashing or revoking a notice under section 252 or 253 of that Act;]

[F6(aa)an order quashing an order under [F7section 23A or 32A] [F7section 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

(b)an order requiring the destruction of any records of information which—

(i)has been obtained in exercise of any power conferred by a warrant or authorisation [F8or by a notice under Part 3 of the Investigatory Powers Act 2016] ; or

(ii)is held by any public authority in relation to any person.

(8)[F9Except as provided by virtue of section 67A,] determinations, awards, orders and other decisions of the Tribunal (including decisions as to whether they have jurisdiction) shall not be subject to appeal or be liable to be questioned in any court.

F10(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in s. 67(5) renumbered as s. 67(5)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(3)(b)(i), 32(2); S.I. 2024/1021, reg. 2(k)

F5S. 67(7)(aza)-(azc) inserted (12.3.2018 for specified purposes, 22.8.2018 for specified purposes, 5.2.2019 in so far as not already in force) by Investigatory Powers Act 2016 (c. 25), ss. 243(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(c)(iv); S.I. 2018/873, reg. 3(h); S.I. 2019/174, reg. 2(j)(i)

F7Words in s. 67(7)(aa) substituted (5.2.2019 for specified purposes) by Investigatory Powers Act 2016 (c. 25), ss. 243(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2019/174, reg. 2(j)(ii)

F9Words in s. 67(8) substituted (31.12.2018) by Investigatory Powers Act 2016 (c. 25), ss. 242(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1379, reg. 2

F10S. 67(9)-(12) omitted (31.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), ss. 242(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1379, reg. 2

Modifications etc. (not altering text)

C1S. 67(7) applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(i) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))

C2S. 67(8) applied (with modifications) by 1998 c. 47, s. 69B(2)(c)(i) (as inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 15, 53 (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3))

Commencement Information

I1S. 67 partly in force; s. 67 not in force at Royal Assent see s. 83(1); s. 67(2)-(8)(10)-(12) in force at 2.10.2000 and s. 67(1) in force 2.10.2000 for certain purposes by S.I.2543, art. 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources