Publication - Advice and guidance

Covert surveillance and property interference: code of practice

Published: 28 Nov 2014
Directorate:
Safer Communities Directorate
Part of:
Law and order
ISBN:
9781784129620

A code of practice covering the authorisation of covert human intelligence sources in accordance with the Regulation of Investigatory Powers (Scotland) Act 2000.

Covert surveillance and property interference: code of practice
10. Oversight by Surveillance Commissioners

10. Oversight by Surveillance Commissioners

10.1. The 1997 Act and RIP(S)A require the Chief Surveillance Commissioner to keep under review (with the assistance of the Surveillance Commissioners and Assistant Surveillance Commissioners) the performance of functions under Part III of the 1997 Act and RIP(S)A by the Police Service and PIRC, and other public authorities listed in section 8 of RIP(S)A and the 2010 Order.

10.2. This Code does not cover the exercise of any of the Surveillance Commissioners' functions. It is the duty of any person who uses these powers to comply with any request made by a Surveillance Commissioner to disclose or provide any information he requires for the purpose of enabling him to carry out his functions.

10.3. References in this Code to the performance of review functions by the Chief Surveillance Commissioner and other Surveillance Commissioners apply also to Inspectors and other members of staff to whom such functions have been delegated.

Complaints

10.4. RIPA establishes an independent Tribunal. This Tribunal will be made up of senior members of the judiciary and the legal profession and is independent of the Scottish Government. The Tribunal has full powers to investigate and decide any case within its jurisdiction[43]. This Code does not cover the exercise of the Tribunal's functions. Details of the relevant complaints procedure can be obtained from the following address:

Investigatory Powers Tribunal
PO Box 33220
London
SW1H 9ZQ

020 7035 3711


Contact

Email: Graeme Waugh