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Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Invalidity, offences, and immunities, etc - Annual reporting

88ZE: Annual reporting by Commissioner

You could also call this:

"The Commissioner must report each year on how they made and reviewed decisions about keeping information safe."

Illustration for Search and Surveillance Act 2012

The Commissioner has to include some information in their annual report. You can find this report under section 43 of the Public Finance Act 1989. This information is about reviews of decisions to make preservation directions. The Commissioner must say how many reviews were completed. You will see the number of reviews where the decision was affirmed, amended, or revoked. The Commissioner also reports on reviews that were not completed because the direction was revoked. The Commissioner reports on preservation directions that were renewed. You will see the number of directions renewed for the first, second, third, or fourth time. The Commissioner also reports on reviews of decisions to renew preservation directions. The Commissioner must report on the number of preservation directions that expired or were revoked. This includes directions that expired without an application for a production order. It also includes directions that were revoked when an application was granted or refused. In this section, a reporting period is the time covered by the report. A review means a review under this Part. A related application is one made under section 45 of the Mutual Assistance in Criminal Matters Act 1992. It must relate to the same investigation or proceedings as the preservation direction.

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Part 3APreservation directions relating to foreign investigations or proceedings
Invalidity, offences, and immunities, etc: Annual reporting

88ZEAnnual reporting by Commissioner

  1. The Commissioner must include in every annual report that the Commissioner prepares for the purposes of section 43 of the Public Finance Act 1989—

    Review of decision to make preservation direction

  2. the following information about reviews of a decision to make a preservation direction that were completed in the reporting period:
    1. the number in which the reviewer affirmed the relevant direction:
      1. the number in which the reviewer amended the relevant direction:
        1. the number in which the reviewer revoked the relevant direction; and
        2. the number of reviews of a decision to make a preservation direction that were not completed because the relevant direction was revoked under section 88N(1) in the reporting period; and

            1. Renewal of preservation directions

          1. the following information about preservation directions that were renewed in the reporting period:
            1. the number of directions that were renewed for the first time:
              1. the number of directions that were renewed for the second time:
                1. the number of directions that were renewed for the third time:
                  1. the number of directions that were renewed for the fourth time; and

                    2. Review of decisions to renew preservation directions

                  2. the following information about reviews of a decision to renew a preservation direction that were completed in the reporting period:
                    1. the number in which the reviewer affirmed the decision:
                      1. the number in which the reviewer amended the renewed direction by changing the period for which it remained in force:
                        1. the number in which the reviewer revoked the renewed direction; and
                        2. the number of reviews of a decision to renew a preservation direction that were not completed in the reporting period because the direction was revoked under section 88N(1); and

                            1. Expiry or revocation of preservation directions

                          1. the number of preservation directions that expired during the reporting period without a related application for a production order having been made to obtain any or all of the documents (the relevant documents) described in those directions; and
                            1. the number of preservation directions that were revoked during the reporting period when a related application for a production order to obtain any or all of the relevant documents was granted; and
                              1. the number of preservation directions that were revoked during the reporting period when a related application for a production order to obtain any or all of the relevant documents was refused.

                                1. In this section,—

                                  reporting period, for an annual report, means the period covered by the report

                                    review means a review under this Part.

                                    1. In this section, an application for a production order is related to a preservation direction (and is a related application) if—

                                    2. the application is made under section 45 of the Mutual Assistance in Criminal Matters Act 1992; and
                                      1. the application and preservation direction relate to the same investigation or proceedings.

                                        Notes
                                        • Section 88ZE: inserted, on , by section 20 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).