Cancellation of notices and withdrawal of paras 3.41 to 3.47
Cancellation of notices and withdrawal of authorisations
3.41 A designated person who has given notice to a CSP under section 22(4) of the Act shall cancel the notice if, at any time after giving the notice[55], it is no longer necessary for the CSP to comply with the notice or the conduct required by the notice is no longer proportionate to what was sought to be achieved.
- [55] This can include a renewed notice.
3.42 Reporting the cancellation of a notice to a CSP shall be undertaken by the designated person directly or, on that person’s behalf, by the public authority’s SPoC. Where human rights considerations are such that a notice should be cancelled with immediate effect the designated person or the SPoC will notify
the CSP.[56]
- [56] If the notice being cancelled relates to an urgent operational situation that has been resolved, or has changed, it may be appropriate for the senior officer dealing with the situation, on the ground or in a control room, to notify the CSP that the notice be cancelled where that person has the earliest opportunity to do so.
3.43 Cancellation of a notice reported to a CSP must:
- be undertaken in writing or, if not, in a manner that produces a record of the notice having been cancelled;
- identify, by reference to its unique reference number, the notice being cancelled; and
- record the date and, when appropriate to do so, the time when the notice was cancelled.
3.44 In cases where the SPoC has initiated the cancellation of a notice and reported the cancellation to the CSP, the designated person must confirm the decision in writing for the SPoC or, if not, in a manner that produces a record of the notice having been cancelled by the designated person. Where the designated person who gave the notice to the CSP is no longer available, this duty should fall on a person who has temporarily or permanently taken over the role of the designated person.
3.45 Similarly where a designated person considers an authorisation[57] should cease to have effect, because the conduct authorised becomes unnecessary or no longer proportionate to what was sought to be achieved, the authorisation must be withdrawn. It may be the case that it is the SPoC who is first aware that the authorisation is no longer necessary or proportionate and may cease the authorised conduct, and then inform the designated person who granted the authorisation.
- [57] This can include a renewed authorisation.
3.46 Withdrawal of an authorisation should:
- be undertaken in writing or, if not, in a manner that produces a record of it having been withdrawn;
- identify, by reference to its unique reference number, the authorisation being withdrawn;
- record the date and, when appropriate to do so, the time when the authorisation was cancelled, and
- record the name and the office, rank or position held by the designated person informed of the withdrawal of the authorisation.
3.47 When it is appropriate to do so a CSP should be advised of the withdrawal of an authorisation.[58]
- [58] See also paragraph 3.22