OpenLegislation

Article 11 Appeals against decisions by CommissionersI1

Scotland

(1)

Any person seeking approval for the grant or renewal of a long term authorisation may appeal to the F1Investigatory Powers Commissioner against any refusal of a Commissioner F2(other than the Investigatory Powers Commissioner) to approve any such authorisation.

(2)

An appeal under this article must be made no later than 7 days from the date on which notice of the refusal is given under article 10(2)(b).

(3)

The F3Investigatory Powers Commissioner must allow an appeal under this article if satisfied that there are reasonable grounds for believing that the requirements of section 7(2) of the Act are satisfied in relation to the proposed authorisation.

Annotations

Textual amendments

F1

Words in art. 11(1) substituted (11.9.2017) by The Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017 (S.I. 2017/845), regs. 1, 6(4)(a)

F2

Words in art. 11(1) inserted (11.9.2017) by The Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017 (S.I. 2017/845), regs. 1, 6(4)(b)

F3

Words in art. 11(3) substituted (11.9.2017) by The Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017 (S.I. 2017/845), regs. 1, 6(4)(a)

Commencement

I1

Art. 11 in force at 2.2.2015, see art. 1