Section 22 Co-operation with and reports by Commissioner

Scotland

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

If it at any time appears to the F2Investigatory Powers Commissioner —

(a)

that there has been a contravention of the provisions of this Act in relation to any matter with which that Commissioner is concerned; and

(b)

that the contravention has not been the subject of a report made to the Scottish Ministers by the Tribunal,

that Commissioner shall make a report to the Scottish Ministers with respect to that contravention.

(3)

The F3Investigatory Powers Commissioner shall make an annual report to the Scottish Ministers with respect to the carrying out of that Commissioner’s functions under F4, and in relation to, this Act.

(4)

The Scottish Ministers shall lay before the Scottish Parliament a copy of every annual report made by the Commissioner under subsection (3) above, together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (5) below.

(5)

If it appears to the Scottish Ministers, after consultation with the Commissioner, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to—

(a)

the prevention or detection of serious crime; or

(b)

the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,

the Scottish Ministers may exclude that matter from the copy of the report as laid before the Parliament.

Annotations

Textual amendments

F1: S. 22(1) omitted (1.9.2017) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 91(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F2: Words in s. 22(2) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 91(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F3: Words in s. 22(3) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 91(4)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F4: Words in s. 22(3) inserted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 91(4)(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)

Notes on Investigatory Powers Commissioner

Textual amendments

F1: Words in cross-heading substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 89 (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)