47.52.—(1) Rule 47.5 (Investigation orders; Exercise of court’s powers) applies, subject to sections 23B(2) and 32B(2) of the Regulation of Investigatory Powers Act 2000(1).
(2) Where a magistrates’ court refuses to approve the grant, giving or renewal of an authorisation or notice, the court must not exercise its power to quash that authorisation or notice unless the applicant has had at least 2 business days from the date of the refusal in which to make representations.
[Note. Under sections 23B(2) and 32B(2) of the Regulation of Investigatory Powers Act 2000, the applicant is not required to give notice of an application to any person to whom the authorisation or notice relates, or to such a person’s legal representatives. See also sections 23B(3) and 32B(3) of the 2000 Act.]
Commencement Information
I1Rule 47.52 in force at 5.10.2020, see Preamble
2000 c. 23; section 23B was inserted by section 37 and section 32B by section 38 of the Protection of Freedoms Act 2012 (c. 9).