Commentary on Sections Schedule 9: Port and border controls Section 150: Jurisdiction of Investigatory Powers Tribunal over Surveillance Commissioners
445.Section 150 amends section 91(10) of the Police Act 1997 (“the 1997 Act”), which in its original form provides that:
“The decisions of the Chief Commissioner or, subject to sections 104 and 106, any other Commissioner (including decisions as to his jurisdiction) shall not be subject to appeal or liable to be questioned in any court”.
446.However, RIPA established the Investigatory Powers Tribunal (“the IPT”) and provides that it has jurisdiction over the Surveillance Commissioners in certain circumstances. The amendment made by subsection (3) therefore clarifies that subsection (10) of section 91 is not to be read as affecting the IPT’s jurisdiction to consider complaints against Surveillance Commissioners’ decisions, including their approval of police and other agencies’ use of certain types of covert surveillance and property interference. Subsection (2) removes the reference to section 106, which was repealed by RIPA.