Part 2Oversight arrangements
I18Delegation of functions
1
2
For subsections (8) and (9) substitute—
8
The Investigatory Powers Commissioner may, to such extent as the Investigatory Powers Commissioner may decide, delegate the exercise of functions of the Investigatory Powers Commissioner to—
a
a Deputy Investigatory Powers Commissioner, or
b
any other Judicial Commissioner.
8A
a
making a recommendation under subsection (4)(e),
b
deciding under section 90(11) or 257(10) whether to approve a decision of the Secretary of State,
d
deciding—
i
an appeal against, or a review of, a decision made by another Judicial Commissioner, and
ii
any action to take as a result,
only where the Investigatory Powers Commissioner is unable or unavailable to exercise the function for any reason.
8B
8C
8D
Where there are two Deputy Investigatory Powers Commissioners, the power in subsection (8)(a) may, in particular, be used to delegate to one Deputy Investigatory Powers Commissioner the exercise of the function of the Investigatory Powers Commissioner of deciding—
a
an appeal against, or a review of, a decision made by the other Deputy Investigatory Powers Commissioner, and
b
any action to take as a result.
3
Omit subsection (9A) (authorisations for obtaining communications data).
4
After subsection (10) insert—
10A
Where—
a
b
the Deputy Investigatory Powers Commissioner decides the appeal or review (and any action to take as a result),
no further appeal, or request for a further review, may be made to the Investigatory Powers Commissioner in relation to the decision of the Deputy Investigatory Powers Commissioner.
5
In subsection (13), for paragraph (b) substitute—
b
to the Investigatory Powers Commissioner are to be read—
i
6
After subsection (13) insert—
14
In this section a reference to deciding an appeal against, or a review of, a decision made by a Judicial Commissioner includes a reference to deciding whether to approve a decision that the Judicial Commissioner has refused to approve.