Criminal Justice Act 2013

22.

Authorisation

22. (1) Where the Minister, having considered an application under section 21, is satisfied that the conditions specified in section 20(2) are met in relation to the giving of the authorisation which is the subject of the application, he or she shall, subject to this section, give an authorisation to the applicant.

(2) (a) Subject to paragraph (b), an authorisation shall be given in writing and shall be signed by the Minister.

(b) Where the Minister considers that the case is one of exceptional urgency, he or she may give an authorisation orally provided that the authorisation shall be confirmed in writing as soon as practicable.

(c) An authorisation shall remain in force for a period not exceeding 24 hours.

(d) The maximum duration of a cessation period specified in an authorisation shall be a period not exceeding 6 hours.

(e) The Minister shall arrange for a record of any authorisation given under this section, including the reasons for giving such authorisation, to be kept.

(3) An authorisation shall—

(a) state the date on which, and time at which, it is given,

(b) state the period during which it shall remain in force,

(c) confirm that the Minister is satisfied that the conditions specified in section 20(2) have been met in relation to the giving of the authorisation,

(d) permit a member of the Garda Síochána, not below the rank of chief superintendent, at any time while the authorisation is in force, and subject to section 24, to issue a direction to an undertaking, and

(e) specify the maximum duration of the cessation period that can be specified in a direction issued pursuant to the authorisation concerned.

(4) An authorisation may contain such other terms and conditions as the Minister considers necessary having regard to the circumstances.