Regulation of Investigatory Powers Act 2000
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Change 1
45 Cancellation of authorisations.
(1) The person who granted or, as the case may be, last renewed an authorisation under this Part shall cancel it if— (a) he is satisfied that the authorisation is one in relation to which the requirements of section 28(2)(a) and (b), 29(2)(a) and (b) , 29B(4)(a) and (b) or, as the case may be, 32(2)(a) and (b) are no longer satisfied; ... (b) in the case of an authorisation under section 29, he is satisfied that arrangements for the source’s case that satisfy the requirements mentioned in subsection (2)(c) of that section no longer exist. (c) in the case of an authorisation under section 29B where the source is under the age of 18 (“the juvenile source”), the person— (i) becomes aware of circumstances in which it is reasonably foreseeable that harm, within the meaning of section 29C(5), to the juvenile source would result from the authorisation, (ii) is satisfied that the authorisation would no longer be compatible with the need to safeguard and promote the best interests of the juvenile source, or (iii) is satisfied that arrangements for the juvenile source's case that satisfy the requirements of subsection (3)(c) of section 29C no longer exist; or (d) in the case of any authorisation under section 29B, the person is satisfied that any arrangements for the source's case required to satisfy any requirements mentioned in subsection (4)(c) of that section no longer exist (2) Where an authorisation under this Part was granted or, as the case may be, last renewed— (a) by a person entitled to act for any other person, or (b) by the deputy of any other person, that other person shall cancel the authorisation if he is satisfied as to any of the matters mentioned in subsection (1). (3) Where an authorisation under this Part was granted or, as the case may be, last renewed by a person whose deputy had power to grant it, that deputy shall cancel the authorisation if he is satisfied as to any of the matters mentioned in subsection (1). (4) The Secretary of State may by regulations provide for the person by whom any duty imposed by this section is to be performed in a case in which it would otherwise fall on a person who is no longer available to perform it. (5) Regulations under subsection (4) may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations. (6) The references in this section to a person’s deputy are references to the following— (a) in relation to— (i) a chief constable of a police force maintained under section 2 of the Police Act 1996, (ii) the Commissioner of Police for the City of London, or (iii) the chief constable of the Police Service of Scotland, to his designated deputy; (b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; . . . and (c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary; ... (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section “designated deputy” has the same meaning as in section 34.
45 Cancellation of authorisations.
(1) The person who granted or, as the case may be, last renewed an authorisation under this Part shall cancel it if— (a) he is satisfied that the authorisation is one in relation to which the requirements of section 28(2)(a) and (b), 29(2)(a) and (b) , 29B(4)(a) and (b) or, as the case may be, 32(2)(a) and (b) are no longer satisfied; ... (b) in the case of an authorisation under section 29, he is satisfied that arrangements for the source’s case that satisfy the requirements mentioned in subsection (2)(c) of that section no longer exist. (c) in the case of an authorisation under section 29B where the source is under the age of 18 (“the juvenile source”), the person— (i) becomes aware of circumstances in which it is reasonably foreseeable that harm, within the meaning of section 29C(5), to the juvenile source would result from the authorisation, (ii) is satisfied that the authorisation would no longer be compatible with the need to safeguard and promote the best interests of the juvenile source, or (iii) is satisfied that arrangements for the juvenile source's case that satisfy the requirements of subsection (3)(c) of section 29C no longer exist; or (d) in the case of any authorisation under section 29B, the person is satisfied that any arrangements for the source's case required to satisfy any requirements mentioned in subsection (4)(c) of that section no longer exist (2) Where an authorisation under this Part was granted or, as the case may be, last renewed— (a) by a person entitled to act for any other person, or (b) by the deputy of any other person, that other person shall cancel the authorisation if he is satisfied as to any of the matters mentioned in subsection (1). (3) Where an authorisation under this Part was granted or, as the case may be, last renewed by a person whose deputy had power to grant it, that deputy shall cancel the authorisation if he is satisfied as to any of the matters mentioned in subsection (1). (4) The Secretary of State may by regulations provide for the person by whom any duty imposed by this section is to be performed in a case in which it would otherwise fall on a person who is no longer available to perform it. (5) Regulations under subsection (4) may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations. (6) The references in this section to a person’s deputy are references to the following— (a) in relation to— (i) a chief constable of a police force maintained under section 2 of the Police Act 1996, (ii) the Commissioner of Police for the City of London, or (iii) the chief constable of the Police Service of Scotland, to his designated deputy; (b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; . . . and (c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary; ... (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section “designated deputy” has the same meaning as in section 34.
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