The Investigatory Powers Act 2016 (Commencement No. 9) Regulations 2018

Made: 27th November 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 272(1) of the Investigatory Powers Act 2016[^f00001].

Citation and interpretation

1

• (1) These Regulations may be cited as the Investigatory Powers Act 2016 (Commencement No. 9) Regulations 2018.

• (2) In these Regulations “the 2016 Act” means the Investigatory Powers Act 2016.

Provisions coming into force on 28th November 2018

2

The following provisions of the 2016 Act come into force on 28th November 2018—

• (a) in section 106 (power to issue warrants to law enforcement officers)—

• (i) subsection (1) for the purpose of the law enforcement chief deciding to issue a warrant but not for the purpose of the issuing of a warrant;

• (ii) subsection (2);

• (iii) subsections (3) and (4) for the purpose of the law enforcement chief, or appropriate delegate, deciding to issue a warrant but not for the purpose of the issuing of a warrant;

• (iv) subsections (5) to (14);

• (b) section 107 (restriction on issue of warrants to certain law enforcement officers);

• (c) section 108 (approval of warrants by Judicial Commissioners) so far as not already in force;

• (d) section 111 (members of Parliament etc.) so far as not already in force;

• (e) section 115 (requirements that must be met by warrants) so far as not already in force;

• (f) section 129 (safeguards relating to retention and disclosure of material) so far as not already in force;

• (g) section 248 (combination of warrants and authorisations) for the purpose of the provisions of Schedule 8 coming into force in accordance with paragraph (i) of this regulation;

• (h) Schedule 6 (issue of warrants under section 106 etc: table);

• (i) in Schedule 8 (combination of warrants and authorisations), paragraphs 11 and 12 (combined warrants that may be issued by certain law enforcement chiefs) for the purpose of the law enforcement chief deciding to issue a warrant but not for the purpose of the issuing of a warrant.

Provisions coming into force on 5th December 2018

3

The following provisions of the 2016 Act come into force on 5th December 2018—

• (a) section 106 so far as not already in force;

• (b) section 117 (renewal of warrants) so far as not already in force;

• (c) section 123 (modification of warrants issued by law enforcement chiefs);

• (d) section 124 (approval of modifications under section 123 in urgent cases);

• (e) section 125 (cancellation of warrants) so far as not already in force;

• (f) section 128 (duty of telecommunications operators to assist with implementation) so far as not already in force;

• (g) in section 231(9) (definition of “relevant error”), paragraph (a) to the extent that it applies to an error by a public authority relating to equipment interference, so far as not already in force for that purpose;

• (h) in section 243(1) (functions of the Tribunal in relation to this Act etc.), paragraphs (d) and (e);

• (i) section 248 so far as not already in force;

• (j) section 271(1) (Schedule 10: minor and consequential provision) so far as relating to the provisions coming into force in accordance with paragraph (l) of this regulation;

• (k) Schedule 8, so far as not already in force;

• (l) in Schedule 10 (minor and consequential provision)—

• (i) paragraph 66 (amendment of Schedule 2 to the Regulation of Investigatory Powers Act 2000[^f00002]);

• (ii) paragraph 68 (amendment of the Regulation of Investigatory Powers (Scotland) Act 2000[^f00003]);

• (iii) paragraph 70 (amendment of the Crime and Courts Act 2013[^f00004]).

Provision coming into force on 16th January 2019

4

Section 14 of the 2016 Act (restriction on use of section 93 of the Police Act 1997[^f00005]) comes into force on 16th January 2019.

Signed

Ben Wallace — Minister of State — Home Office — 27th November 2018

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Regulation 2 brings into force, on 28th November 2018, the power of law enforcement chiefs to decide to issue equipment interference warrants and the function of Judicial Commissioners to approve those decisions.

Regulation 3 brings into force, on 5th December 2018, the provisions necessary for equipment interference warrants to be issued by law enforcement chiefs.

Regulation 4 brings into force, on 16th January 2019, the prohibition such that law enforcement agencies may not make applications for property interference authorisations under section 93 of the Police Act 1997 (c. 50) where the purpose of the interference is to obtain communications, private information or equipment data, if the applicant considers the conduct constitutes an offence under sections 1 to 3A of the Computer Misuse Act 1990 (c. 18) and the conduct can be authorised under an equipment interference warrant.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2016 c. 25.

[^f00002]: 2000 c. 23.

[^f00003]: 2000 asp 11.

[^f00004]: 2013 c. 22.

[^f00005]: 1997 c. 50.

[^f00006]: Amended by S.I. 2017/143.