Regulation of Investigatory Powers Bill - continued        House of Lords
PART IV, SCRUTINY ETC. OF INVESTIGATORY POWERS AND OF THE FUNCTIONS OF THE INTELLIGENCE SERVICES - continued

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The Tribunal
The Tribunal.     57. - (1) There shall, for the purpose of exercising the jurisdiction conferred on them by this section, be a tribunal consisting of such number of members as Her Majesty may by Letters Patent appoint.
 
      (2) The jurisdiction of the Tribunal shall be-
 
 
    (a) to be the only appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings under subsection (1)(a) of that section (proceedings for actions incompatible with Convention rights) which fall within subsection (3) of this section;
 
    (b) to consider and determine any complaints made to them which, in accordance with subsection (4), are complaints for which the Tribunal is the appropriate forum;
 
    (c) to consider and determine any reference to them by any person that he has suffered detriment as a consequence of any prohibition or restriction, by virtue of section 16, on his relying in, or for the purposes of, any civil proceedings on any matter; and
 
    (d) to hear and determine any other such proceedings falling within subsection (3) as may be allocated to them in accordance with provision made by the Secretary of State by order.
      (3) Proceedings fall within this subsection if-
 
 
    (a) they are proceedings against any of the intelligence services;
 
    (b) they are proceedings against any other person in respect of any conduct, or proposed conduct, by or on behalf of any of those services; or
 
    (c) they are proceedings relating to the taking place in any challengeable circumstances of any conduct falling within subsection (5).
      (4) The Tribunal is the appropriate forum for any complaint if it is a complaint by a person who is aggrieved by any conduct falling within subsection (5) which he believes-
 
 
    (a) to have taken place in relation to him, to any of his property, to any communications sent by or to him, or intended for him, or to his use of any postal service, telecommunications service or telecommunication system; and
 
    (b) to have taken place in challengeable circumstances or to have been carried out by or on behalf of any of the intelligence services.
      (5) Subject to subsection (6), conduct falls within this subsection if (whenever it occurred) it is-
 
 
    (a) conduct by or on behalf of any of the intelligence services;
 
    (b) conduct for or in connection with the interception of communications in the course of their transmission by means of a postal service or telecommunication system;
 
    (c) conduct to which Chapter II of Part I applies;
 
    (d) conduct to which Part II applies;
 
    (e) directed or intrusive surveillance in Scotland or the conduct or use in Scotland of any covert human intelligence source;
 
    (f) the giving of a notice under section 46 or any disclosure or use of a key to protected information;
 
    (g) any entry on or interference with property or any interference with wireless telegraphy.
      (6) For the purposes only of subsection (3), nothing mentioned in paragraph (d), (e) or (g) of subsection (5) shall be treated as falling within that subsection unless it is conduct by or on behalf of a person holding any office, rank or position with-
 
 
    (a) any of the intelligence services;
 
    (b) any of Her Majesty's forces;
 
    (c) any police force;
 
    (d) the National Criminal Intelligence Service;
 
    (e) the National Crime Squad; or
 
    (f) the Commissioners of Customs and Excise;
       and section 45(5) applies for the purposes of this subsection as it applies for the purposes of Part II.
 
      (7) For the purposes of this section conduct takes place in challengeable circumstances if-
 
 
    (a) it takes place with the authority, or purported authority, of anything falling within subsection (8); or
 
    (b) the circumstances are such that (whether or not there is such authority) it would not have been appropriate for the conduct to take place without it, or at least without proper consideration having been given to whether such authority should be sought.
      (8) The following fall within this subsection-
 
 
    (a) an interception warrant or a warrant under the Interception of Communications Act 1985;
 
    (b) an authorisation or notice under Chapter II of Part I of this Act;
 
    (c) an authorisation under Part II of this Act;
 
    (d) a permission of the Secretary of State for the purposes of Schedule 1 to this Act;
 
    (e) any such notice under section 46 of this Act as may be given with such a permission of the Secretary of State; or
 
    (f) an authorisation under section 93 of the Police Act 1997.
      (9) Schedule 2 (which makes further provision in relation to the Tribunal) shall have effect.
 
      (10) The references in subsection (5)(e) to directed or intrusive surveillance and to the conduct or use of a covert human intelligence source are references to any conduct that would constitute any such surveillance, conduct or use for the purposes of Part II.
 
      (11) In this section-
 
 
    (a) references to a key and to protected information shall be construed in accordance with section 52;
 
    (b) references to the disclosure or use of a key to protected information taking place in relation to a person are references to such a disclosure or use taking place in a case in which that person has had possession of the key or of the protected information; and
 
    (c) references to the disclosure of a key to protected information include references to the making, instead, of a disclosure in intelligible form (within the meaning of section 52) of the protected information to which the key applies;
       and the reference in paragraph (b) to a person's having possession of a key or of protected information shall be construed in accordance with section 52.
 
Orders allocating proceedings to the Tribunal.     58. - (1) An order under section 57(2)(d) allocating proceedings to the Tribunal may-
 
 
    (a) provide for the Tribunal to exercise jurisdiction in relation to that matter to the exclusion of the jurisdiction of any court or tribunal; but
 
    (b) if it does so provide, must contain provision conferring a power on the Tribunal, in the circumstances provided for in the order, to remit the proceedings to the court or tribunal which would have had jurisdiction apart from the order.
      (2) In making any provision by an order under section 57(2)(d) the Secretary of State shall have regard, in particular, to-
 
 
    (a) the need to secure that proceedings allocated to the Tribunal are properly heard and considered; and
 
    (b) the need to secure that information is not disclosed to an extent, or in a manner, that is contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services.
      (3) The Secretary of State shall not make an order under section 57(2)(d) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
 
Exercise of the Tribunal's jurisdiction.     59. - (1) Subject to subsections (4) and (5), it shall be the duty of the Tribunal-
 
 
    (a) to hear and determine any proceedings brought before them by virtue of section 57(2)(a) or (d); and
 
    (b) to consider and determine any complaint or reference made to them by virtue of section 57(2)(b) or (c).
      (2) Where the Tribunal hear any proceedings by virtue of section 57(2)(a), they shall apply the same principles for making their determination in those proceedings as would be applied by a court on an application for judicial review.
 
      (3) Where the Tribunal consider a complaint made to them by virtue of section 57(2)(b), it shall be the duty of the Tribunal-
 
 
    (a) to investigate whether the persons against whom any allegations are made in the complaint have engaged in relation to-
 
      (i) the complainant,
 
      (ii) any of his property,
 
      (iii) any communications sent by or to him, or intended for him, or
 
      (iv) his use of any postal service, telecommunications service or telecommunication system,
 
    in any conduct falling within section 57(5);
 
    (b) to investigate the authority (if any) for any conduct falling within section 57(5) which they find has been so engaged in; and
 
    (c) in relation to the Tribunal's findings from their investigations, to determine the complaint by applying the same principles as would be applied by a court on an application for judicial review.
      (4) The Tribunal shall not be under any duty to hear, consider or determine any proceedings, complaint or reference if it appears to them that the bringing of the proceedings or the making of the complaint or reference is frivolous or vexatious.
 
      (5) Except where the Tribunal, having regard to all the circumstances, are satisfied that it is equitable to do so, they shall not consider or determine any complaint made by virtue of section 57(2)(b) if it is made more than one year after the taking place of the conduct to which it relates.
 
      (6) Subject to any provision made by rules under section 61, where any proceedings have been brought before the Tribunal or any reference made to the Tribunal, they shall have power to make such interim orders, pending their final determination, as they think fit.
 
      (7) Subject to any provision made by rules under section 61, the Tribunal on determining any proceedings, complaint or reference shall have power to make any such award of compensation or other order as they think fit; and, without prejudice to the power to make rules under section 61(2)(h), the other orders that may be made by the Tribunal include-
 
 
    (a) an order quashing or cancelling any warrant or authorisation; and
 
    (b) an order requiring the destruction of any records of information which
 
      (i) has been obtained in exercise of any power conferred by a warrant or authorisation; or
 
      (ii) is held by any public authority in relation to any person.
      (8) Except to such extent as the Secretary of State may by order otherwise provide, determinations, awards, orders and other decisions of the Tribunal (including decisions as to whether they have jurisdiction) shall not be subject to appeal or be liable to be questioned in any court.
 
      (9) It shall be the duty of the Secretary of State to secure that there is at all times an order under subsection (8) in force allowing for an appeal to a court against any exercise by the Tribunal of their jurisdiction under section 57(2)(c) or (d).
 
      (10) The provision that may be contained in an order under subsection (8) may include-
 
 
    (a) provision for the establishment and membership of a tribunal or body to hear appeals;
 
    (b) the appointment of persons to that tribunal or body and provision about the remuneration and allowances to be payable to such persons and the expenses of the tribunal;
 
    (c) the conferring of jurisdiction to hear appeals on any existing court or tribunal; and
 
    (d) any such provision in relation to an appeal under the order as corresponds to provision that may be made by rules under section 61 in relation to proceedings before the Tribunal, or to complaints or references made to the Tribunal.
      (11) The Secretary of State shall not make an order under subsection (8) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
 
 
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