Moved by
Lord Anderson of Ipswich
33: After Clause 2, insert the following new Clause—
“Notification to a Judicial Commissioner
After section 32B of the Regulation of Investigatory Powers Act 2000 insert—
“32C Notification of criminal conduct authorisations
(1) This section applies where a person grants or cancels an authorisation under section 29B.
(2) The person must give notice that the person has granted or cancelled the authorisation to a Judicial Commissioner.
(3) A notice given for the purposes of subsection (2) must be given—
(a) in writing as soon as reasonably practicable and, in any event, before the end of the period of 7 days beginning with the day after that on which the authorisation to which it relates is granted or, as the case may be, cancelled; and
(b) in accordance with such arrangements made for the purposes of this paragraph by the Investigatory Powers Commissioner as are for the time being in force.
(4) A notice under this section relating to the grant of an authorisation under section 29B must—
(a) set out the grounds on which the person giving the notice believes that the requirements of section 29B(4) are satisfied in relation to the authorisation; and
(b) specify the conduct that is authorised under section 29B by the authorisation.
(5) Any notice that is required by this section to be given in writing may be given, instead, by being transmitted by electronic means.””
Member’s explanatory statement
This new clause requires a person who grants or cancels a criminal conduct authorisation under new section 29B of the Regulation of Investigatory Powers Act 2000 to give notice to a Judicial Commissioner (appointed under the Investigatory Powers Act 2016). It provides for when and how the notice must be given and requires that it contains certain information. The references in the new clause to the grant of an authorisation include the renewal of an authorisation (see section 43(5) of the 2000 Act).