S.I. No. 290/2009 - Criminal Justice (Surveillance) Act 2009 (Written Record of Approval) (Revenue Commissioners) Regulations 2009


S.I. No. 290 of 2009

CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009 (WRITTEN RECORD OF APPROVAL) (REVENUE COMMISSIONERS) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2009.

I, BRIAN LENIHAN, Minister for Finance in exercise of the powers conferred on me by section 16(1) of the Criminal Justice (Surveillance) Act 2009 (No. 19 of 2009) hereby make the following Regulations:

1. These Regulations may be cited as the Criminal Justice (Surveillance) Act 2009 (Written Record of Approval) (Revenue Commissioners) Regulations 2009.

2. In these Regulations “Act of 2009” means the Criminal Justice (Surveillance) Act 2009 (No. 19 of 2009).

3. The prescribed form of a written record of approval for the purposes of section 7 of the Act of 2009 is Form 1 set out in the Schedule.

4. The prescribed form of a written record of approval for the purposes of section 8 of the Act of 2009 is Form 2 set out in the Schedule.

SCHEDULE

Form 1Regulation 3

Revenue Commissioners

Written record of approval for surveillance under section 7 of the Criminal Justice (Surveillance) Act 2009

Date (DD/MM/YYYY):

Particulars of surveillance device approved:

Subject of surveillance—

Name (if a person):

Place (if a place):

Thing (if a thing):

Name and rank of the officer of the Revenue Commissioners to whom approval is granted:

Conditions (if any) subject to which the approval is granted:

Time and date at which the approval is granted:(a.m./p.m.) DD/MM/YYYY

Duration of approved surveillance (not to exceed 72 hours):

I declare that the information above is true and accurate:

Signed................................................................ (signature of approving officer)

Rank of approving officer (not below the rank of principal officer):

Form 2Regulation 4

Revenue Commissioners

Written record of approval for the use of a tracking device under section 8 of the Criminal Justice (Surveillance) Act 2009

Date (DD/MM/YYYY):

Particulars of tracking device approved:

Subject of monitoring—

Name (if a person):

Vehicle (if a vehicle):

Thing (if a thing):

Name and rank of the officer of the Revenue Commissioners to whom approval is granted:

Conditions (if any) subject to which the approval is granted:

Time and date at which the approval is granted:(a.m./p.m.) DD/MM/YYYY

Duration of the use approved (not to exceed 4 months):

I declare that the information above is true and accurate:

Signed................................................................ (signature of approving officer)

Rank of approving officer (not below the rank of principal officer):

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GIVEN under my Official Seal,

27 July 2009

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This order brings into effect regulations, as provided by section 16(1) of the Criminal Justice (Surveillance) Act 2009 , which set out the prescribed form of a written record of approval by a senior officer of the Revenue Commissioners for the authorisation of electronic surveillance for periods of up to 72 hours. The regulations also set out the prescribed form of a written record of approval by a senior officer of the Revenue Commissioners for the authorisation of the use of tracking devices for persons and vehicles for periods up to maximum of 4 months.