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Investigatory Powers Act 2016

Type Public General Act

Publication 2016-11-29

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

3

(1) The Secretary of State may, on an application made by or on behalf of a relevant intercepting authority, issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(d) an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

(2) For the purposes of sub-paragraph (1), each of the following is a “relevant intercepting authority”—

(a) the Director General of the National Crime Agency;

(b) the Commissioner of Police of the Metropolis;

(d) the chief constable of the Police Service of Scotland;

(e) the Commissioners for Her Majesty's Revenue and Customs.

Warrants that may be issued by Scottish Ministers

4

The Scottish Ministers may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have power to issue under section 21(2);

(b) a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 103(1);

(d) a warrant which the Scottish Ministers have power to issue under section 5 of the Intelligence Services Act 1994 (warrants for entry or interference with property or wireless telegraphy).

5

The Scottish Ministers may, on an application made by or on behalf of the chief constable of the Police Service of Scotland, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(d) an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

6

(a) a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(c) an authorisation under section 6 of the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) (authorisation of directed surveillance);

(d) an authorisation under section 10 of that Act (authorisation of intrusive surveillance).

7

(1) The Scottish Ministers may, on an application made by or on behalf of a relevant intercepting authority, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property).

(2) For the purposes of sub-paragraph (1), each of the following is a “relevant intercepting authority”—

(a) the Director General of the National Crime Agency;

(b) the Commissioner of Police of the Metropolis;

(d) the Commissioners for Her Majesty's Revenue and Customs.

Part 2 — Other combinations involving targeted equipment interference warrants

Warrants that may be issued by Secretary of State

8

The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted equipment interference warrant which the Secretary of State has power to issue under section 102(1) with one or more of the following—

(a) a targeted examination warrant which the Secretary of State has power to issue under section 102(3);

(b) a targeted examination warrant which the Secretary of State has power to issue under section 19(2);

(c) a warrant which the Secretary of State has power to issue under section 5 of the Intelligence Services Act 1994 (warrants for entry or interference with property or wireless telegraphy);

(d) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(e) an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

9

The Secretary of State may, on an application made by or on behalf of the Chief of Defence Intelligence, issue a warrant that combines a targeted equipment interference warrant which the Secretary of State has power to issue under section 104 with one or more of the following—

(a) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(b) an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

Warrants that may be issued by Scottish Ministers

10

The Scottish Ministers may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 103(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have power to issue under section 103(2);

(b) a targeted examination warrant which the Scottish Ministers have power to issue under section 21(2);

(c) a warrant which the Scottish Ministers have power to issue under section 5 of the Intelligence Services Act 1994 (warrants for entry or interference with property or wireless telegraphy).

Warrants that may be issued by other persons

11

(1) A law enforcement chief may, on an application made by a person who is an appropriate law enforcement officer in relation to the chief, issue a warrant that combines a targeted equipment interference warrant which the law enforcement chief has power to issue under section 106 with one or more of the following—

(a) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(b) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(2) For the purposes of this paragraph, references to a “law enforcement chief” and an “appropriate law enforcement officer” are to be read in accordance with section 106(5).

12

(1) A law enforcement chief within sub-paragraph (2) may, on an application made by a person who is an appropriate law enforcement officer in relation to the chief, issue a warrant that combines a targeted equipment interference warrant which the law enforcement chief has power to issue under section 106 with one or more of the following—

(a) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(b) an authorisation under section 6 of the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) (authorisation of directed surveillance);

(2) The law enforcement chiefs mentioned in sub-paragraph (1) are—

(a) the chief constable of the Police Service of Scotland, and

(b) the Police Investigations and Review Commissioner.

(3) For the purposes of this paragraph, references to a “law enforcement chief” and an “appropriate law enforcement officer” are to be read in accordance with section 106(5).

Part 3 — Combinations involving targeted examination warrants only

13

The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines—

(a) a targeted examination warrant which the Secretary of State has power to issue under section 19(2), with

(b) a targeted examination warrant which the Secretary of State has power to issue under section 102(3).

14

The Scottish Ministers may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines—

(a) a targeted examination warrant which the Scottish Ministers have power to issue under section 21(2), with

(b) a targeted examination warrant which the Scottish Ministers have power to issue under section 103(2).

Part 4 — Combined warrants: supplementary provision

Introductory

15

In this Part of this Schedule “combined warrant” means a warrant issued under any of Parts 1 to 3 of this Schedule.

General

16

(1) Where Part 1, 2 or 3 of this Schedule provides for a person to have power, on an application made by or on behalf of any person (“the applicant”), to issue a combined warrant that includes any warrant or other authorisation, the person may issue a combined warrant containing that warrant or authorisation, whether or not that person would have power, on an application made by or on behalf of the applicant, to issue that warrant, or to give that authorisation, as a single instrument.

(2) Where Part 1, 2 or 3 of this Schedule provides for a person to have power to apply for a combined warrant, the person may apply for a combined warrant containing any warrant or other authorisation that may be included in it, provided that—

(a) the person could apply for that warrant or authorisation as a single instrument, or

(b) the organisation on whose behalf the person is acting, or another person who is a member of staff or an officer of the organisation or who is otherwise acting on its behalf, could apply for that warrant or authorisation as a single instrument.

17

(1) A combined warrant must be addressed to the person by whom, or on whose behalf, the application for the combined warrant was made.

(2) Any reference in this Act to the person to whom a warrant is or was addressed is to be read, in the case of a combined warrant containing such a warrant, as a reference to the person to whom the combined warrant is or was addressed.

18

A combined warrant must contain a provision stating which warrants or other authorisations are included in the combined warrant.

19

Any reference in any enactment to a warrant or other authorisation of a particular description issued or given under any enactment includes, in the case of a combined warrant containing a warrant or authorisation of that description, a reference to so much of the combined warrant as consists of such a warrant or authorisation.

Rules about issue etc. applying separately in relation to each part of a combined warrant

20

(1) The law about the following matters, so far as relating to a warrant or other authorisation that may be included in a combined warrant, applies in relation to so much of a combined warrant as consists of such a warrant or authorisation—

(a) the duties imposed by section 2 (general duties in relation to privacy);

(b) any conditions that must be met before such a warrant or authorisation may be issued or given;

(d) the conduct that may be authorised by such a warrant or authorisation;

(e) any requirements as to what must be included in such a warrant or authorisation;

(f) any conditions that must be met before such a warrant or authorisation may be renewed and the grounds on which it may be renewed;

(g) any conditions that must be met before such a warrant or authorisation may be modified;

(h) the grounds on which such a warrant or authorisation may be modified and the procedural rules that apply to such a modification;

(i) the circumstances in which such a warrant or authorisation may or must be cancelled.

(2) In sub-paragraph (1)(h) “procedural rules”, in relation to the modification of a warrant or other authorisation, means the law about any of the following matters—

(a) the involvement of Judicial Commissioners in decisions;

(b) the delegation of decisions;

(d) urgent cases.

(3) Sub-paragraph (1) is subject to paragraphs 21 to 26.

Rules about issue etc. applying in relation to combined warrants

21

(1) A combined warrant under Part 1 of this Schedule addressed to any person may only be issued, renewed or cancelled in accordance with the procedural rules that would apply to the issue, renewal or cancellation of a targeted interception warrant addressed to that person (see Chapter 1 of Part 2 of this Act).

(2) In sub-paragraph (1) “procedural rules”, in relation to a warrant, means the law about any of the following matters—

(a) the involvement of Judicial Commissioners in decisions;

(b) the delegation of decisions;

(d) urgent cases.

(3) But if a combined warrant under paragraph 1 or 4 includes a warrant which the person issuing the combined warrant has power to issue under section 5 of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement (arising from sub-paragraph (1) above) for the involvement of Judicial Commissioners in the decision whether to issue or renew the combined warrant does not apply in relation to the part of the combined warrant consisting of the section 5 warrant.

22

(1) A combined warrant under Part 2 of this Schedule addressed to any person may only be issued, renewed or cancelled in accordance with the procedural rules that would apply to the issue, renewal or cancellation of a targeted equipment interference warrant addressed to that person (see Part 5 of this Act).

(2) In sub-paragraph (1) “procedural rules” has the same meaning as in paragraph 21(1).

(3) But if a combined warrant under paragraph 8 or 10 includes a warrant which the person issuing the combined warrant has power to issue under section 5 of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement (arising from sub-paragraph (1) above) for the involvement of Judicial Commissioners in the decision whether to issue or renew the combined warrant does not apply in relation to the part of the combined warrant consisting of the section 5 warrant.

23

(1) A combined warrant under Part 3 of this Schedule addressed to any person may only be issued, renewed or cancelled in accordance with the procedural rules that would apply to the issue, renewal or cancellation of a targeted examination warrant under section 19(2) addressed to that person (see Chapter 1 of Part 2 of this Act).

(2) In sub-paragraph (1) “procedural rules” has the same meaning as in paragraph 21(1).

24

(1) In consequence of paragraphs 21 and 22, the following provisions of the Police Act 1997 do not apply in relation to an authorisation under section 93 of that Act which is included in a combined warrant—

(a) section 96 (notification of authorisations to Judicial Commissioner);

(b) section 97 (authorisations requiring approval);

(d) section 104 (appeals to Investigatory Powers Commissioner).

(2) Section 103(6) of that Act applies where a combined warrant containing an authorisation under section 93 of that Act is cancelled as it applies where such an authorisation is cancelled under section 103(4) of that Act.

25

In consequence of paragraphs 21 and 22, the following provisions of the Regulation of Investigatory Powers Act 2000 do not apply in relation to an authorisation under section 32 of that Act which is included in a combined warrant—

(a) section 35 (notification of authorisations to Judicial Commissioner);

(b) section 36 (approval required for authorisations to take effect);

(d) section 38 (appeals to Investigatory Powers Commissioner).

26

In consequence of paragraphs 21 and 22, the following provisions of the Regulation of Investigatory Powers (Scotland) Act 2000 do not apply in relation to an authorisation under section 10 of that Act which is included in a combined warrant—

(a) section 13 (notification of authorisations to Judicial Commissioner);

(b) section 14 (approval required for authorisations to take effect);

(d) section 16 (appeals to Investigatory Powers Commissioner).

Modification of rules as to duration

27

(1) Where a combined warrant includes warrants or authorisations which (as single instruments) would cease to have effect at the end of different periods, the combined warrant is to cease to have effect at the end of the shortest of the periods (unless renewed).

(2) But sub-paragraph (1) does not apply to a combined warrant which—

(a) includes an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance),

(b) is addressed to the head of an intelligence service, and

(3) In such a case, the combined warrant (unless it is renewed) is to cease to have effect at the end of the period of 6 months beginning with the day on which it is issued.

(4) In the case of a combined warrant which—

(a) includes an authorisation under section 32 of the Regulation of Investigatory Powers Act 2000 (authorisation of intrusive surveillance), and

(b) is addressed to the head of an intelligence service,

sub-paragraph (1) has effect as if in section 44 of that Act (special rules for intelligence services authorisations) subsection (3), and the reference to that subsection in subsection (4), were omitted.

Special rules about the application of this Act to combined warrants

28

(1) This paragraph applies where under section 24(3) a Judicial Commissioner refuses to approve a decision to issue a combined warrant under Part 1 or 3 of this Schedule.

(2) Section 25 has effect in relation to the combined warrant as if—

(a) any reference in subsection (3) of that section to a targeted interception warrant or targeted examination warrant were a reference to so much of the combined warrant as consisted of such a warrant, and

(b) any other reference in that section to a warrant were a reference to the combined warrant.

(3) Where the combined warrant included a targeted equipment interference warrant or targeted examination warrant which the person who issued the combined warrant has power to issue under Part 5 of this Act, section 110 has effect in relation to the combined warrant as if—

(a) any reference in subsection (3)(b) or (c) of that section to a targeted equipment interference warrant were a reference to so much of the combined warrant as consisted of such a warrant,

(b) any reference in subsection (4) of that section to a targeted examination warrant were a reference to so much of the combined warrant as consisted of such a warrant, and

29

Where under section 109(3) a Judicial Commissioner refuses to approve the decision to issue a combined warrant under Part 2 of this Schedule, section 110 has effect in relation to the combined warrant as if—

(a) any reference in subsection (3)(b) or (c) of that section to a targeted equipment interference warrant were a reference to so much of the combined warrant as consisted of such a warrant,

(b) any reference in subsection (4) of that section to a targeted examination warrant were a reference to so much of the combined warrant as consisted of such a warrant, and

30

(1) This paragraph applies to any provision in Part 2 or 5 of this Act that enables a person to whom a warrant is addressed to require the provision of assistance in giving effect to the warrant.

(2) In the case of a combined warrant containing such a warrant, the provision is to be read as enabling the person to whom the combined warrant is addressed to require the provision of assistance in giving effect to so much of the combined warrant as consists of such a warrant.

(3) Accordingly, any power to serve a copy of a warrant for that purpose includes power, in the case of such a combined warrant, to serve the part of the combined warrant consisting of such a warrant.

31

Any reference in section 56 (exclusion of matters from legal proceedings etc.) to the making of an application for a warrant, or the issue of a warrant, under Chapter 1 of Part 2 of this Act includes a reference to—

(a) the making of an application for a combined warrant that includes a warrant under that Chapter, so far as relating to disclosing or suggesting the inclusion of such a warrant, or

(b) the inclusion of a warrant under that Chapter in a combined warrant.

32

(1) The reference in section 58(7) to the provisions of Part 2 of this Act is to be read, in the case of a combined warrant containing a targeted interception warrant or targeted examination warrant which the person who issued the combined warrant has power to issue under that Part, as including a reference to this Schedule.

(2) The reference in section 133(4) to the provisions of Part 5 of this Act is to be read, in the case of a combined warrant containing a targeted equipment interference warrant or targeted examination warrant which the person who issued the combined warrant has power to issue under that Part, as including a reference to this Schedule.

Power to make consequential amendments

33

(1) The Secretary of State may by regulations make such provision modifying any provision made by or under an enactment (including this Schedule) as the Secretary of State considers appropriate in consequence of any provision made by this Schedule.

(2) In sub-paragraph (1) “enactment” does not include any primary legislation passed or made after the end of the Session in which this Act is passed.

SCHEDULE 9

Lawful interception of communications

1

Any agreement which, immediately before the day on which section 10 comes into force, is designated for the purposes of section 1(4) of the Regulation of Investigatory Powers Act 2000 is to be treated, on and after that day, as designated as an international mutual assistance agreement by regulations under section 10(3) of this Act.

Authorisations for obtaining communications data

2

The reference to the Gangmasters and Labour Abuse Authority in the table in Part 1 of Schedule 4 is to be read, in relation to any time before the day on which section 10(1) of the Immigration Act 2016 (renaming of Gangmasters Licensing Authority) comes into force, as a reference to the Gangmasters Licensing Authority.

Retention of communications data

3

(1) A retention notice under section 1 of the Data Retention and Investigatory Powers Act 2014 which is in force immediately before the commencement day is to be treated, on or after that day, as a retention notice under section 87 of this Act; and Part 4 of this Act is to be read accordingly but as if sections 87(1)(b), (4) and (8)(e), 89, 90(1) to (12), 91, 94(4)(b), (6), (10) and (12) and 96(2)(e) were omitted.

(2) In particular—

(a) anything which, immediately before the commencement day, is in the process of being done by virtue of, or in relation to, a retention notice under section 1 of the Act of 2014 may be continued as if being done by virtue of, or in relation to, a retention notice under section 87 of this Act, and

(b) anything done by virtue of, or in relation to, a retention notice under section 1 of the Act of 2014 is, if in force or effective immediately before the commencement day, to have effect as if done by virtue of, or in relation to, a retention notice under section 87 of this Act so far as that is required for continuing its effect on or after the commencement day.

(3) Sub-paragraphs (1) and (2) cease to apply, in relation to any retention notice under section 1 of the Act of 2014—

(a) at the end of the period of six months beginning with the commencement day, or

(b) if earlier, on the revocation in full of the notice;

but this is without prejudice to the continued operation of section 95(2) to (5) in relation to the notice.

(4) Section 249 applies in relation to costs incurred in complying with a retention notice under section 1 of the Act of 2014 which has continued in force on or after the commencement day as it applies in relation to costs incurred in complying with retention notices under section 87 of this Act but as if section 249(7) were omitted.

(5) The Secretary of State may revoke (whether wholly or in part) a retention notice under section 1 of the Act of 2014.

(6) The fact that a retention notice under section 1 of the Act of 2014 has, in relation to a particular description of data and a particular operator (or description of operators), ceased to have effect or been revoked does not prevent the giving of a retention notice under section 87 of this Act in relation to the same description of data and the same operator (or description of operators).

(7) In this paragraph “the commencement day” is the day on which section 1(1) of the Act of 2014 is repealed.

4

(1) Sub-paragraph (2) applies if any power to give, vary or confirm a retention notice under section 87 of this Act (excluding any power to vary a notice which has effect as such a notice by virtue of paragraph 3(1)) is brought into force without any requirement for approval by a Judicial Commissioner of the decision to give, vary or (as the case may be) confirm the notice.

(2) The notice as given, varied or confirmed ceases to have effect (so far as not previously revoked) at the end of the period of three months beginning with the day on which the requirement for approval comes into force.

5

(1) The repeal of section 1(7) of the Data Retention and Investigatory Powers Act 2014 does not affect the continued operation, during the transitional period mentioned in sub-paragraph (2), of regulations made under section 1(7) of that Act.

(2) The transitional period mentioned in this sub-paragraph is the period of six months beginning with the day on which section 1(7) of the Act of 2014 is repealed.

(3) In their continued operation by virtue of sub-paragraph (1), the regulations made under section 1(7) of the Act of 2014 have effect subject to such modifications (if any) as may be specified in regulations under section 270(2).

Definitions of “other relevant crime” and “serious crime”

6

(1) The definitions of—

(a) “serious crime” in section 86(2A),

(aa) “serious crime” in section 87(10B), and

(b) “serious crime” in section 263(1),

are to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “ the age of 21 ”.

(2) In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.

Savings for particular purposes

7

Nothing in this Act affects any power conferred on a postal operator (within the meaning given by section 27(3) of the Postal Services Act 2011) by or under any enactment to open, detain or delay any postal packet (within the meaning given by section 125(1) of the Postal Services Act 2000) or to deliver any such packet to a person other than the person to whom it is addressed.

8

Nothing in Part 4 of this Act prevents the retention of data for the purposes of, or in connection with, legal proceedings (including proceedings which might arise in the future).

9

The amendments made to the Regulation of Investigatory Powers Act 2000 by sections 3 to 6 of the Data Retention and Investigatory Powers Act 2014 (and those sections) continue to have effect despite section 8(3) of the Act of 2014 (sunset provision for that Act) until the provisions they amend (and those sections) are repealed by this Act in connection with the coming into force of provisions of this Act.

General saving for lawful conduct

10

Nothing in any of the provisions of this Act by virtue of which conduct of any description is or may be authorised by any warrant, authorisation or notice, or by virtue of which information may be obtained in any manner, is to be read—

(a) as making it unlawful to engage in any conduct of that description which is not otherwise unlawful under this Act and would not be unlawful apart from this Act,

(b) as otherwise requiring—

(i) the issue, grant or giving of such a warrant, authorisation or notice, or

(ii) the taking of any step for or towards obtaining the authority of such a warrant, authorisation or notice,

before any such conduct of that description is engaged in, or

(c) as prejudicing any power to obtain information by any means not involving conduct that may be authorised under this Act.

SCHEDULE 10

Part 1 — General amendments

Police Act 1997

1

In section 93(1A) of the Police Act 1997 (authorisations to interfere with property etc.) after “this Part” insert “ or the Investigatory Powers Act 2016 ”.

Northern Ireland Act 1998

2

In paragraph 9(1) of Schedule 3 to the Northern Ireland Act 1998 (reserved matters) for paragraph (a) substitute—

(a) the subject-matter of Parts 2 and 3 of the Regulation of Investigatory Powers Act 2000, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder; (aa) the subject-matter of the following provisions of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of serious crime (within the meaning of that Act)— (i) sections 3 to 10 and Schedule 1, (ii) Part 2, and (iii) Chapter 1 of Part 6; (ab) the subject-matter of section 11, Parts 3 and 4 and Chapter 2 of Part 6 of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder; (ac) the subject-matter of section 12 of, and Schedule 2 to, the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act);

Regulation of Investigatory Powers Act 2000

3

The Regulation of Investigatory Powers Act 2000 is amended as follows.

4

In section 27(4)(a) (lawful surveillance etc: conduct to be dealt with under other enactments) after “Act” insert “ or the Investigatory Powers Act 2016 ”.

5

(1) Section 71 (issue and revision of codes of practice) is amended as follows.

(2) In subsection (2)(a), for “Parts I to III” substitute “ Parts 2 and 3 ”.

(3) Omit subsection (2A).

(4) In subsection (8) for “(2A)” substitute “ (3) ”.

6

(1) Section 81(1) (general definitions) is amended as follows.

(2) For the definition of “apparatus” substitute—

“apparatus” has the same meaning as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

(3) In paragraph (a) of the definition of “communication” omit “(except in the definition of “postal service” in section 2(1))”.

(4) In the definition of “interception” and cognate expressions, for “section 2” substitute “ sections 4 and 5 of the Investigatory Powers Act 2016 ”.

(5) For the definitions of “postal service” and “public postal service” substitute—

“postal service” has the same meaning as in the Investigatory Powers Act 2016 (see section 262(7) of that Act);

(6) Omit the definitions of “private telecommunication system”, “public telecommunications service” and “public telecommunication system”.

(7) In the definitions of “telecommunication system” and “telecommunications service”, for “the meanings given by section 2(1)” substitute “ the same meanings as in the Investigatory Powers Act 2016 (see section 261(11) to (13) of that Act) ”.

Political Parties, Elections and Referendums Act 2000

7

In paragraph 28(4) of Schedule 19C to the Political Parties, Elections and Referendums Act 2000 (civil sanctions: disclosure of information) for paragraph (b) substitute—

(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Public Finance and Accountability (Scotland) Act 2000 (2000 asp 1)

8

(1) The Public Finance and Accountability (Scotland) Act 2000 is amended as follows.

(2) In section 26B(3) (voluntary disclosure of data to Audit Scotland) for paragraph (b) substitute—

(b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016,

(3) In section 26C(3) (power to require disclosure of data) for paragraph (b) substitute—

(b) the disclosure is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

9

In section 4(1)(b) of the Social Security Fraud Act 2001 (arrangements for payments in relation to persons providing a telecommunications service etc.) for “the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ the Investigatory Powers Act 2016 ”.

10

In section 4(1)(b) of the Social Security Fraud Act (Northern Ireland) 2001 (arrangements for payments in relation to persons providing a telecommunications service etc.) for “the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ the Investigatory Powers Act 2016 ”.

Justice (Northern Ireland) Act 2002

11

In section 5A(3)(b) of the Justice (Northern Ireland) Act 2002 (disclosure of information to the Northern Ireland Judicial Appointments Commission) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Proceeds of Crime Act 2002

12

(1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 436(3)(b) (disclosure of information to certain Directors) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

(3) In section 438(8)(b) (disclosure of information by certain Directors) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

(4) In section 439(3)(b) (disclosure of information to Lord Advocate and to Scottish Ministers) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

(5) In section 441(7)(b) (disclosure of information by Lord Advocate and by Scottish Ministers) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Police Reform Act 2002

13

In paragraph 19ZA(2)(c) of Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc: power to serve information notice) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I. 5))

15

In Article 4C(3)(b) of the Audit and Accountability (Northern Ireland) Order 2003 (voluntary provision of data) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Public Audit (Wales) Act 2004

16

In section 64C(3)(b) of the Public Audit (Wales) Act 2004 (voluntary provision of data) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Constitutional Reform Act 2005

17

In section 107(3)(b) of the Constitutional Reform Act 2005 (disclosure of information to the Judicial Appointments Commission) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Commissioners for Revenue and Customs Act 2005

18

In section 22(b) of the Commissioners for Revenue and Customs Act 2005 (data protection, etc) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Serious Crime Act 2007

19

(1) The Serious Crime Act 2007 is amended as follows.

(2) In section 68(4)(b) (disclosure of information to prevent fraud) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

(3) In section 85(8)(b) (disclosure of information by Revenue and Customs) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Legal Services Act 2007

20

In section 169(3)(b) of the Legal Services Act 2007 (disclosure of information to the Legal Services Board) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Regulatory Enforcement and Sanctions Act 2008

21

In section 70(4) of the Regulatory Enforcement and Sanctions Act 2008 (disclosure of information) for paragraph (b) substitute—

(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Counter-Terrorism Act 2008

22

In section 20(2)(b) of the Counter-Terrorism Act 2008 (disclosure and the intelligence services: supplementary provisions) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Borders, Citizenship and Immigration Act 2009

23

In section 19(1)(b) of the Borders, Citizenship and Immigration Act 2009 (application of statutory provisions) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Marine and Coastal Access Act 2009

24

(1) The Marine and Coastal Access Act 2009 is amended as follows.

(2) In paragraph 13(5) of Schedule 7 (further provision about civil sanctions under Part 4: disclosure of information) for paragraph (b) substitute—

(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(3) In paragraph 9(5) of Schedule 10 (further provision about fixed monetary penalties under section 142: disclosure of information) for paragraph (b) substitute—

(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Terrorist Asset-Freezing etc. Act 2010

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marine (Scotland) Act 2010 (2010 asp 5)

26

In paragraph 12(5) of Schedule 2 to the Marine (Scotland) Act 2010 (further provision about civil sanctions under Part 4: disclosure of information) for paragraph (b) substitute—

(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Charities Act 2011

27

In section 59(1)(b) of the Charities Act 2011 (disclosure: supplementary) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Prisons (Interference with Wireless Telegraphy) Act 2012

28

In section 4(6) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (meaning of “telecommunication system”) for “Regulation of Investigatory Powers Act 2000” substitute “ Investigatory Powers Act 2016 (see section 261(13) of that Act) ”.

Crime and Courts Act 2013

29

In paragraph 1(b) of Schedule 7 to the Crime and Courts Act 2013 (information: restrictions on disclosure) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Marine Act (Northern Ireland) 2013 (c. 10 (N.I.))

30

In paragraph 8(5) of Schedule 2 to the Marine Act (Northern Ireland) 2013 (further provision about fixed monetary penalties under section 35: disclosure of information) for paragraph (b) substitute—

(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Local Audit and Accountability Act 2014

31

In paragraph 3(3)(b) of Schedule 9 to the Local Audit and Accountability Act 2014 (data matching: voluntary provision of data) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

32

In paragraph 7(4)(b) of Schedule 4 to the Anti-social Behaviour, Crime and Policing Act 2014 (ASB case reviews: information) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Immigration Act 2014

33

In paragraph 6(b) of Schedule 6 to the Immigration Act 2014 (information) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.

Data Retention and Investigatory Powers Act 2014

34

Omit sections 4(1), 7 and 8 of the Data Retention and Investigatory Powers Act 2014 (introductory, review and final provisions).

Immigration Act 2016

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Lawful interception of communications

Security Service Act 1989

36

In section 1(5) of the Security Service Act 1989 (meaning of “prevention” and “detection”) for the words from “the provisions” to the end substitute “ that Act ”.

Official Secrets Act 1989

37

In section 4(3) of the Official Secrets Act 1989 (crime and special investigation powers) omit the “and” after paragraph (a) and after paragraph (b) insert

and (c) any information obtained under a warrant under Chapter 1 of Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016, any information relating to the obtaining of information under such a warrant and any document or other article which is or has been used or held for use in, or has been obtained by reason of, the obtaining of information under such a warrant.

Intelligence Services Act 1994

38

In section 11(1A) of the Intelligence Services Act 1994 (meaning of “prevention” and “detection”) for the words from “apply” to the end substitute “ apply for the purposes of this Act as it applies for the purposes of that Act, except that for the purposes of section 3 above it shall not include a reference to gathering evidence for use in any legal proceedings (within the meaning of that Act). ”

Criminal Procedure and Investigations Act 1996

39

(1) The Criminal Procedure and Investigations Act 1996 is amended as follows.

(2) In section 3(7) (initial duty of prosecutor to disclose) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

(3) In section 7A(9) (continuing duty of prosecutor to disclose) for “section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

(4) In section 8(6) (application by accused for disclosure) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

(5) In section 23 (code of practice) for subsection (6) substitute—

(6) The code must be so framed that it does not apply to any of the following— (a) material intercepted in obedience to a warrant issued under section 2 of the Interception of Communications Act 1985; (b) material intercepted under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000; (c) material obtained under the authority of a warrant issued under Chapter 1 of Part 2 of the Investigatory Powers Act 2016; (d) material obtained under the authority of a warrant issued under Chapter 1 of Part 6 of that Act.

Police Act 1997

40

In section 133A of the Police Act 1997 (meaning of “prevention” and “detection”) for the words from “the provisions” to the end substitute “ that Act ”.

Scotland Act 1998

41

In Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 (reserved matters: national security, interception of communications etc.), in the definition of “private telecommunication system”, for “section 2(1) of the Regulation of Investigatory Powers Act 2000” substitute “ section 261(14) of the Investigatory Powers Act 2016 ”.

Northern Ireland Act 1998

42

In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters) for paragraph (b) substitute—

(b) the subject-matter of sections 3 to 10, Schedule 1, Part 2 and Chapter 1 of Part 6 of the Investigatory Powers Act 2016, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act);

Financial Services and Markets Act 2000

43

In section 394(7)(a) of the Financial Services and Markets Act 2000 (access to FCA or PRA material) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

Regulation of Investigatory Powers Act 2000

44

The Regulation of Investigatory Powers Act 2000 is amended as follows.

45

Omit Chapter 1 of Part 1 (interception of communications).

46

(1) Section 49 (investigation of electronic data protected by encryption etc: powers under which data obtained) is amended as follows.

(2) In subsection (1)(b) after “communications” insert “ or obtain secondary data from communications ”.

(3) After subsection (9) insert—

(9A) In subsection (1)(b) the reference to obtaining secondary data from communications is to be read in accordance with section 16 of the Investigatory Powers Act 2016.

47

In section 71 (issue and revision of codes of practice) omit subsection (10).

48

In section 78(3)(a) (affirmative orders) omit “12(10), 13(3),”.

49

(1) Section 81 (general interpretation) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “criminal”, omit “or prosecution”, and

(b) in the definition of “interception warrant”, for “a warrant under section 5” substitute

— (a) a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or (b) a bulk interception warrant under Chapter 1 of Part 6 of that Act

(3) In subsection (4) omit the words from “; and references” to the end.

(4) In subsection (5) omit the words from “, except that” to the end.

50

In section 82 (amendments, repeals and savings etc.) omit subsections (4) to (6).

Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13)

51

In section 159 of the Criminal Justice and Licensing (Scotland) Act 2010, for “section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

Justice and Security Act 2013

52

In section 6(4)(b) of the Justice and Security Act 2013 (declaration permitting closed material applications in proceedings) for sub-paragraph (iii) substitute—

(iii) section 56(1) of the Investigatory Powers Act 2016 (exclusion for intercept material),

Part 3 — Acquisition of communications data

Regulation of Investigatory Powers Act 2000

53

The Regulation of Investigatory Powers Act 2000 is amended as follows.

54

Omit Chapter 2 of Part 1 (acquisition and disclosure of communications data).

55

In section 49(1)(c) (investigation of electronic data protected by encryption etc: powers under which data obtained)—

(a) for the words from “section 22(3)” to “Part II” substitute “ Part 3 of the Investigatory Powers Act 2016 or Part 2 of this Act ”, and

(b) for “under section 22(4)” substitute “ in pursuance of an authorisation under Part 3 of the Act of 2016 or as the result of the issue of a warrant under Chapter 2 of Part 6 of the Act of 2016 ”.

56

In section 71(2) (issue and revision of codes of practice) omit “23A or”.

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

In section 78(3)(a) (affirmative orders) omit “22(9), 23A(6), 25(5),”.

60

In section 81(9) (general interpretation: certain references relating to Northern Ireland) omit “23A(7)(b),”.

Police Reform Act 2002

61

(1) Paragraph 19ZA of Schedule 3 to the Police Reform Act 2002 (investigations by the IPCC: information notices) is amended as follows.

(2) In sub-paragraph (3) omit—

(a) the words from “(within the meaning of Chapter 2” to “2000)”, and

(b) the words “(within the meaning of that Chapter)”.

(3) After sub-paragraph (3) insert—

(3A) In sub-paragraph (3) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).

Part 4 — Retention of communications data

Anti-terrorism, Crime and Security Act 2001

62

Omit Part 11 of the Anti-terrorism, Crime and Security Act 2001 (retention of communications data).

Data Retention and Investigatory Powers Act 2014

63

Omit sections 1 and 2 of the Data Retention and Investigatory Powers Act 2014 (retention of relevant communications data).

Part 5 — Equipment interference

Regulation of Investigatory Powers Act 2000

64

The Regulation of Investigatory Powers Act 2000 is amended as follows.

65

In section 48 (interpretation of Part 2), in subsection (3)(c)—

(a) omit the “or” at the end of sub-paragraph (i);

(b) after sub-paragraph (ii) insert

; or (iii) Part 5, or Chapter 3 of Part 6, of the Investigatory Powers Act 2016 (equipment interference).

66

(1) Paragraph 2 of Schedule 2 (persons having the appropriate permission where data obtained under warrant etc) is amended as follows.

(2) In sub-paragraph (1)—

(a) omit the “or” at the end of paragraph (a);

(b) after paragraph (b) insert

; or (c) a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016 (powers of law enforcement chiefs to issue warrants to law enforcement officers).

(3) In sub-paragraph (5), at the end insert “ or under a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016. ”

(4) In sub-paragraph (6)—

(a) omit the “and” at the end of paragraph (b);

(b) after paragraph (c) insert

; and (d) in relation to protected information obtained under a warrant issued under section 106 of the Investigatory Powers Act 2016, means the person who issued the warrant or, if that person was an appropriate delegate in relation to a law enforcement chief, either that person or the law enforcement chief.

(5) After sub-paragraph (6) insert—

(6A) In sub-paragraph (6)(d), the references to a law enforcement chief and to an appropriate delegate in relation to a law enforcement chief are to be read in accordance with section 106(5) of the Investigatory Powers Act 2016.

Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

67

The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as follows.

68

In section 5(3) (lawful surveillance etc.), after paragraph (a) (and before the “or” at the end of the paragraph), insert—

(aa) an enactment contained in Part 5 of the Investigatory Powers Act 2016 (equipment interference) so far as relating to the Police Service;

69

In section 24(2) (issue and revision of codes of practice), after paragraph (a) (and before the “and” at the end of the paragraph), insert—

(aa) Part 5 of the Investigatory Powers Act 2016 (equipment interference) so far as relating to the Police Service or the Police Investigations and Review Commissioner;

Crime and Courts Act 2013

70

(1) In Schedule 1 to the Crime and Courts Act 2013 (the NCA and NCA officers), paragraph 6A (investigatory activity in Northern Ireland) is amended as follows.

(2) In sub-paragraph (3)—

(a) in the opening words, omit “an authorisation granted under any of the following provisions”;

(b) before paragraph (a) insert—

(za) a targeted equipment interference warrant under Part 5 of the Investigatory Powers Act 2016;

;

(d) in paragraph (b), at the beginning insert “ an authorisation granted under ”.

(3) After sub-paragraph (3) insert—

(4) For the purpose of sub-paragraph (1), a relevant investigatory activity falling within sub-paragraph (3)(za) is to be regarded as carried out in Northern Ireland if (and to the extent that)— (a) the equipment that is being interfered with under the warrant is in Northern Ireland, and (b) at the time of the carrying out of the activity, the NCA officer knows that the equipment is in Northern Ireland. (5) Sub-paragraph (6) applies where— (a) in the carrying out by an NCA officer of a relevant investigatory activity falling within sub-paragraph (3)(za), equipment in Northern Ireland is interfered with under the warrant, (b) at the time the interference begins, the NCA officer does not know that the equipment is in Northern Ireland, and (c) at any time while the interference is continuing, the NCA officer becomes aware that the equipment is in Northern Ireland. (6) The NCA officer is not to be regarded as in breach of sub-paragraph (1) if the interference continues after the NCA officer becomes aware that the equipment is in Northern Ireland, provided that the officer informs the Chief Constable of the Police Service of Northern Ireland about the interference as soon as reasonably practicable.

Part 6 — Judicial Commissioners

Police Act 1997

71

The Police Act 1997 is amended as follows.

72

In section 103(8) (appeals) for “the period” substitute “ any period ”.

73

In section 105(1)(b)(iii) (reports of appeals dismissed) omit “under section 107(2),”.

74

In section 108(1) (interpretation of Part 3) after the definition of “designated deputy” insert—

“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

Regulation of Investigatory Powers Act 2000

75

The Regulation of Investigatory Powers Act 2000 is amended as follows.

76

In section 37(9)(a) (appeals against decisions of ordinary Surveillance Commissioners) for “the period” substitute “ any period ”.

77

In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—

(a) for “Subsections (3) and (4) of section 107 of the Police Act 1997” substitute “ Subsections (6) to (8) of section 234 of the Investigatory Powers Act 2016 ”, and

(b) for “subsection (2) of that section” substitute “ subsection (1) of that section ”.

78

Omit section 40 (information to be provided to Surveillance Commissioners).

79

In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief Surveillance Commissioner of certain directions relating to the disclosure of a key to protected information) for “the Commissioner in question” substitute “ the Investigatory Powers Commissioner ”.

80

(1) Section 64 (delegation of Commissioners' functions) is amended as follows.

(2) In the heading for “Commissioners' functions” substitute “ functions of the Investigatory Powers Commissioner for Northern Ireland ”.

(3) In subsection (1)—

(a) omit “or any provision of an Act of the Scottish Parliament”, and

(b) for “a relevant Commissioner” substitute “ the Investigatory Powers Commissioner for Northern Ireland ”.

(4) Omit subsection (2).

81

In section 71(2) (issue and revision of codes of practice) for “the Surveillance Commissioners” substitute “ a Judicial Commissioner ”.

82

(1) Section 72 (effect of codes of practice) is amended as follows.

(2) In subsection (4) for paragraphs (c) to (e) (and the word “or” between paragraphs (d) and (e)) substitute—

(ba) the Investigatory Powers Commissioner for Northern Ireland carrying out functions under this Act, or (bb) the Investigatory Powers Commissioner or any other Judicial Commissioner carrying out functions under this Act, the Investigatory Powers Act 2016 or the Police Act 1997,

(3) Omit subsection (5).

83

(1) Section 81(1) (general definitions) is amended as follows.

(2) Omit the definitions of “Assistant Surveillance Commissioner”, “ordinary Surveillance Commissioner”, “Surveillance Commissioner” and “Chief Surveillance Commissioner”.

(3) After the definition of “interception warrant” insert—

“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

84

The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as follows.

85

In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance” substitute “ Judicial ”.

86

In section 2(10) (restrictions on appeals against Commissioners)—

(a) for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”, and

(b) for “other Surveillance Commissioner” substitute “ other Judicial Commissioner ”.

87

In the heading of section 16 for “Surveillance Commissioners” substitute “ Judicial Commissioners ”.

88

Omit section 18 (information to be provided to Surveillance Commissioners).

89

In the cross-heading before section 21 (Chief Surveillance Commissioner) for “Chief Surveillance” substitute “ Investigatory Powers ”.

90

Omit section 21 (functions of Chief Surveillance Commissioner).

91

(1) Section 22 (co-operation with, and reports by, Chief Surveillance Commissioner) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”.

(4) In subsection (3)—

(a) for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”, and

(b) after “under” insert “ , and in relation to, ”.

92

In section 24(2) (issue and revision of codes of practice) for “the Surveillance Commissioners appointed under this Act or the Commissioners holding office under section 91 of that Act” substitute “ the Judicial Commissioners ”.

93

In section 26(4) (effect of codes of practice)—

(a) in paragraph (b) for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”, and

(b) in paragraph (c) for “a Surveillance Commissioner” substitute “ a Judicial Commissioner (other than the Investigatory Powers Commissioner) ”.

94

(1) Section 31(1) (interpretation) is amended as follows.

(2) After the definitions of “directed” and “intrusive” insert—

“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

(3) Omit the definitions of “ordinary Surveillance Commissioner”, “Surveillance Commissioner” and “Chief Surveillance Commissioner”.

Terrorism Prevention and Investigation Measures Act 2011

95

In section 21(3)(b) of the Terrorism Prevention and Investigation Measures Act 2011 (duty to consult certain persons before making an order for the continuation, repeal etc. of TPIM powers) for “the Intelligence Services Commissioner” substitute “ the Investigatory Powers Commissioner ”.

Protection of Freedoms Act 2012

96

The Protection of Freedoms Act 2012 is amended as follows.

97

(1) Section 29 (code of practice for surveillance camera systems) is amended as follows.

(2) In subsection (5)(d) (duty to consult certain persons in preparing code) for “the Chief Surveillance Commissioner” substitute “ the Investigatory Powers Commissioner ”.

(3) In subsection (7) omit the definition of “the Chief Surveillance Commissioner”.

98

In section 33(8)(d) (duty to consult before making an order identifying who must have regard to the code) for “the Chief Surveillance Commissioner” substitute “ the Investigatory Powers Commissioner ”.

Part 7 — Other minor and consequential provision

Telecommunications Act 1984

99

Omit section 94 of the Telecommunications Act 1984 (directions in the interests of national security etc.).

Northern Ireland Act 1998

100

In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters) after “subversion;” insert “ the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016; ”.

Communications Act 2003

101

(1) The Communications Act 2003 is amended as follows.

(2) In section 401(5)(g), for “sections 47 to 49” substitute “ section 47 or 48 ”.

(3) In Schedule 18 (transitional provisions), omit paragraph 24 (which relates to section 94 of the Telecommunications Act 1984).

Part 8 — Repeals and revocations consequential on other repeals or amendments in this Act

Extra-territorial application of Part 3

Approval of modifications under section 123 in urgent cases

Part 3: interpretation

Offence of making unauthorised disclosure

Meaning of “equipment data”

Cancellation of warrants

Obtaining secondary data

Requirement for authorisation by warrant: general

Terms and conditions of appointment

Investigation and information powers

Functions of Tribunal in relation to this Act etc.

Payments towards certain compliance costs

Technical capability notices

Telecommunications definitions

Commencement, extent and short title

Payment of monetary penalties

Contents of monetary penalty notices

Enforcement obligations

Consultation requirements before service of monetary penalty notices

Variation or cancellation of monetary penalty notices

Appeals in relation to monetary penalty notices

Enforcement of monetary penalty notices

Guidance

Interpretation of Part 1

Information notices

Appeals in relation to information notices

Enforcement of information notices

Technical assistance for the Commissioner

Interpretation of Part 2

Health and Safety at Work etc. Act 1974

Criminal Justice Act 1987

Consumer Protection Act 1987

Environmental Protection Act 1990

Financial Services and Markets Act 2000

Finance Act 2008

Introductory

Disclosures of lawfully intercepted communications

Disclosures of convictions for certain offences

Proceedings before the Investigatory Powers Tribunal etc.

Proceedings before Special Immigration Appeals Commission

Proceedings before Proscribed Organisations Appeal Commission

Closed material proceedings

TPIM proceedings

TEO proceedings

Proceedings relating to freezing of terrorist assets etc.

Proceedings relating to release of prisoners etc. in Northern Ireland

Employment or industrial tribunal proceedings

Proceedings relating to dismissal for certain offences

Proceedings on appeals relating to claims of discrimination in Northern Ireland

Civil proceedings for enforcement of duty to assist with implementation of warrants

Proceedings for certain offences

Disclosures to prosecutors and judges

Disclosures to inquiries and inquests

Particular safeguards in connection with operation of section 69

Requirement for public authority to provide reports to Secretary of State

Transfer schemes in connection with transfer of functions

Tax in connection with transfer schemes

Supplementary and other general provision

Scope of codes

Procedural requirements

Revision of codes

Effect of codes

Warrants that may be issued by Secretary of State

Warrants that may be issued by Scottish Ministers

Warrants that may be issued by Secretary of State

Warrants that may be issued by Scottish Ministers

Warrants that may be issued by other persons

Introductory

General

Rules about issue etc. applying separately in relation to each part of a combined warrant

Rules about issue etc. applying in relation to combined warrants

Modification of rules as to duration

Special rules about the application of this Act to combined warrants

Power to make consequential amendments

Lawful interception of communications

Authorisations for obtaining communications data

Retention of communications data

Definitions of “other relevant crime” and “serious crime”

Savings for particular purposes

General saving for lawful conduct

Police Act 1997

Northern Ireland Act 1998

Regulation of Investigatory Powers Act 2000

Political Parties, Elections and Referendums Act 2000

Public Finance and Accountability (Scotland) Act 2000 (2000 asp 1)

Justice (Northern Ireland) Act 2002

Proceeds of Crime Act 2002

Police Reform Act 2002

...

Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I. 5))

Public Audit (Wales) Act 2004

Constitutional Reform Act 2005

Commissioners for Revenue and Customs Act 2005

Serious Crime Act 2007

Legal Services Act 2007

Regulatory Enforcement and Sanctions Act 2008

Counter-Terrorism Act 2008

Borders, Citizenship and Immigration Act 2009

Marine and Coastal Access Act 2009

Terrorist Asset-Freezing etc. Act 2010

Marine (Scotland) Act 2010 (2010 asp 5)

Charities Act 2011

Prisons (Interference with Wireless Telegraphy) Act 2012

Crime and Courts Act 2013

Marine Act (Northern Ireland) 2013 (c. 10 (N.I.))

Local Audit and Accountability Act 2014

Immigration Act 2014

Data Retention and Investigatory Powers Act 2014

Immigration Act 2016

Security Service Act 1989

Official Secrets Act 1989

Intelligence Services Act 1994

Criminal Procedure and Investigations Act 1996

Police Act 1997

Scotland Act 1998

Northern Ireland Act 1998

Financial Services and Markets Act 2000

Regulation of Investigatory Powers Act 2000

Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13)

Justice and Security Act 2013

Regulation of Investigatory Powers Act 2000

Police Reform Act 2002

Anti-terrorism, Crime and Security Act 2001

Data Retention and Investigatory Powers Act 2014

Regulation of Investigatory Powers Act 2000

Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

Crime and Courts Act 2013

Police Act 1997

Regulation of Investigatory Powers Act 2000

Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

Terrorism Prevention and Investigation Measures Act 2011

Protection of Freedoms Act 2012

Telecommunications Act 1984

Northern Ireland Act 1998

Communications Act 2003

Editorial notes

[^c22712461]: S. 270(2) in force at Royal Assent, see s. 272(2)

[^c22712471]: S. 271(2)-(4) in force at Royal Assent, see s. 272(2)

[^key-00d23d8f2684d5a1171ac9fb4e4836b6]: S. 87(1)(b) in force at 1.11.2018 by S.I. 2018/873, reg. 4(a)

[^key-00e3510a6785516b6a79f5f29e007d45]: Sch. 8 para. 13 in force at 31.5.2018 for specified purposes by S.I. 2018/652, reg. 6(b)(i)

[^key-010dc07a4c58c4e39c97de10c96585c0]: S. 13 in force at 8.8.2018 by S.I. 2018/652, reg. 14(a) (with reg. 21)

[^key-0132a9bf987f07ebd6b8ba05f2254226]: Words in s. 70(3)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(3)(a) (see S.I. 2019/174, reg. 2(c))

[^key-01809c65749dad2dc70299d0025b6ef3]: S. 14 in force at 16.1.2019 by S.I. 2018/1246, reg. 4

[^key-018c247b5c90fb0ac3200bf21094aa9e]: Sch. 2 para. 8 in force at 22.7.2020 by S.I. 2020/766, reg. 2(d)

[^key-01e5ee956467227ddfd4078b89591420]: Sch. 8 para. 25 in force at 27.6.2018 by S.I. 2018/652, reg. 12(e)(iii)

[^key-0204f89259f0131eb30fa1f5aa1dc8e2]: S. 16(4)-(6) in force at 31.5.2018 in so far as not already in force by S.I. 2018/652, reg. 3(b)

[^key-02163ec3a486e30d3493de4f5c93adca]: S. 194 in force at 27.6.2018 by S.I. 2018/652, reg. 10(b)

[^key-022a16fa0da53950d1698c71cf6dd2d8]: Sch. 10 para. 91 in force at 1.9.2017 by S.I. 2017/859, reg. 2(j)

[^key-022e79f397856363c318a661d0f01d34]: S. 253(3)-(6) in force at 13.2.2017 by S.I. 2017/137, reg. 2(s) (with reg. 3)

[^key-0244f757674deb992c8f776b2e7bd3d8]: Sch. 8 para. 24 in force at 26.9.2018 by S.I. 2018/940, reg. 3(g)(ii)

[^key-024d120af422dba4ae4052536ea8bc5a]: Sch. 5 para. 5 in force at 5.2.2019 by S.I. 2019/174, reg. 2(n)

[^key-027ac47f296011ae40185c44c4120455]: Words in s. 229(9) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 6(4), 32(2); S.I. 2024/1021, reg. 2(f)

[^key-02a817b5805374f5e851ddad22645799]: Sch. 10 para. 38 in force at 27.12.2018 by S.I. 2018/940, reg. 5(d)

[^key-02ac242d39e91af11b08493d640ae097]: Words in s. 80(5) substituted (17.5.2019) by The Communications Data Acquisition Regulations 2019 (S.I. 2019/939), regs. 1(2), 4(5)

[^key-02fa5db7364b01b27088ddff9f2292ac]: Sch. 8 para. 21(1)(2) in force at 27.6.2018 in so far as not already in force by S.I. 2018/652, reg. 12(e)(ii)

[^key-0301b25f2f9a99278a3976c5ff6d520b]: Words in Sch. 6 Pt. 1 substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 24(2)(b), 32(2); S.I. 2024/1021, reg. 2(v)

[^key-0331a0ced575efc91df61aedc251f691]: Words in s. 70(6)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 10(6)(b) (see S.I. 2019/174, reg. 2(c))

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