The Investigatory Powers (Consequential Amendments etc.) Regulations 2018

Made: 6th June 2018

Laid before Parliament: 6th June 2018

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 52(3), 58(8)(a) and 271(2) and (3) of the Investigatory Powers Act 2016 .

Citation and commencement

1

• (1) These Regulations may be cited as the Investigatory Powers (Consequential Amendments etc.) Regulations 2018.

• (2) Subject to paragraph (3) these regulations come into force on 27th June 2018.

• (3) Paragraph 3 of Schedule 1 comes into force on the day that paragraph 45 of Schedule 10 to the Investigatory Powers Act 2016 (repeal of Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000) comes into force for all purposes.

Consequential amendments to secondary legislation

2

Schedule 1 (consequential amendments to secondary legislation) has effect.

Revocations of secondary legislation

3

Schedule 2 (revocations of secondary legislation) has effect.

Transitional provision

4

Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, the amendments made by paragraphs 5, 9-29, 30(2) and 31-40 of Schedule 1 to these Regulations have effect as if the reference to any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 included a reference to Part 1 of the Regulation of Investigatory Powers Act 2000.

Designation of a relevant international agreement

5

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Amendment to the Investigatory Powers (Disclosure of Statistical Information) Regulations 2018

6

In regulation 6(2)(b) of the Investigatory Powers (Disclosure of Statistical Information) Regulations 2018 (disclosure relating to a total number of factors) after the words “to which the” insert “ postal operator or ”.

SCHEDULE 1 — Consequential amendments to secondary legislation

Road Vehicles (Construction and Use) Regulations 1986

1

In regulation 60(1F)(b) of the Road Vehicles (Construction and Use) Regulations 1986 (requirements of Community Directive 72/245/EEC shall not apply to electrical/electronic sub-assemblies fitted under certain authorisations) , at the end insert “ or under a warrant under Part 5 of the Investigatory Powers Act 2016 ”.

Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

2

In regulation 73(7)(b) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (requirements of Community Directive 72/245/EEC shall not apply to electrical/electronic sub-assemblies fitted under certain authorisations) at the end insert “ or under a warrant under Part 5 of the Investigatory Powers Act 2016 ”.

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000

3

In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 , omit paragraphs 2 and 3 (functions under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000).

Misuse of Drugs Regulations 2001

4

In regulation 2(1) of the Misuse of Drugs Regulations 2001 , in the definition of “prison”, for “section 4(9) of the Regulation of Investigatory Powers Act 2000” substitute “ section 49(3) of the Investigatory Powers Act 2016 ”.

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

5

In article 3(9)(b) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (disclosure of 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 ”.

Tribunal Procedure (Upper Tribunal) Rules 2008

6

In paragraph 7(2) of Schedule 3 to the Tribunal Procedure (Upper Tribunal) Rules 2008 (exceptions to disclosure) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009

7

• (1) The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 is amended as follows.

• (2) In article 4(7) (initial duty of Director to disclose) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

• (3) In article 13(9) (continuing duty of Director to disclose) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “ section 56 of the Investigatory Powers Act 2016 ”.

• (4) In article 14(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 ”.

Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

8

In the Schedule to the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009 (code of practice) after paragraph 1(2) insert—

(3) Nothing in the Code applies to— (a) material intercepted under the authority of a warrant issued under Part 2 of the Investigatory Powers Act 2016 or any copy, as defined in section 53(10) of that Act, of that material, or (b) material intercepted under the authority of a warrant issued under Chapter 1 of Part 6 of that Act or any copy, as defined in section 150(9) of that Act, of that material.

Somalia (Asset-Freezing) Regulations 2010

9

In paragraph 6(2)(b) of the Schedule to the Somalia (Asset-Freezing) Regulations 2010 (application of information provisions) 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 ”.

Libya (Financial Sanctions) Order 2011

10

In paragraph 6(2)(b) of the Schedule to the Libya (Financial Sanctions) Order 2011 (application of information provisions) 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 ”.

Egypt (Asset-Freezing) Regulations 2011

11

In paragraph 6(2)(b) of the Schedule to the Egypt (Asset-Freezing) Regulations 2011 (application of information provisions) 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 ”.

Tunisia (Asset-Freezing) Regulations 2011

12

In paragraph 6(2)(b) of the Schedule to the Tunisia (Asset-Freezing) Regulations 2011 (application of information provisions) 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 ”.

Iran (Asset-Freezing) Regulations 2011

13

In paragraph 6(2)(b) of the Schedule to the Iran (Asset-Freezing) Regulations 2011 (application of information provisions) 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 ”.

Afghanistan (Asset-Freezing) Regulations 2011

14

In paragraph 6(2)(b) of the Schedule to the Afghanistan (Asset-Freezing) Regulations 2011 (application of information provisions) 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 ”.

ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011

15

In paragraph 6(2)(b) of Schedule 1 to the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (application of information provisions) 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 ”.

Syria (European Union Financial Sanctions) Regulations 2012

16

In paragraph 6(2)(b) of the Schedule to the Syria (European Union Financial Sanctions) Regulations 2012 (application of information provisions) 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 ”.

Guinea-Bissau (Asset-Freezing) Regulations 2012

17

In paragraph 6(2)(b) of the Schedule to the Guinea-Bissau (Asset-Freezing) Regulations 2012 (application of information provisions) 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 ”.

Iraq (Asset-Freezing) Regulations 2012

18

In paragraph 6(2)(b) of Schedule 1 to the Iraq (Asset-Freezing) Regulations 2012 (application of information provisions) 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 ”.

Republic of Guinea (Asset-Freezing) Regulations 2012

19

In paragraph 6(2)(b) of the Schedule to the Republic of Guinea (Asset-Freezing) Regulations 2012 (application of information provisions) 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 ”.

Democratic Republic of the Congo (Asset-Freezing) Regulations 2012

20

In paragraph 6(2)(b) of the Schedule to the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 (application of information provisions) 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 ”.

Eritrea (Asset-Freezing) Regulations 2012

21

In paragraph 6(2)(b) of the Schedule to the Eritrea (Asset-Freezing) Regulations 2012 (application of information provisions) 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 ”.

Lebanon and Syria (Asset-Freezing) Regulations 2012

22

In paragraph 6(2)(b) of the Schedule to the Lebanon and Syria (Asset-Freezing) Regulations 2012 (application of information provisions) 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 ”.

Belarus (Asset-Freezing) Regulations 2013

23

In paragraph 6(2)(b) of the Schedule to the Belarus (Asset-Freezing) Regulations 2013 (application of information provisions) 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 ”.

Ukraine (European Union Financial Sanctions) Regulations 2014

24

In paragraph 6(2)(b) of the Schedule to the Ukraine (European Union Financial Sanctions) Regulations 2014 (application of information provisions) 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 ”.

Central African Republic (European Union Financial Sanctions) Regulations 2014

25

In paragraph 6(2)(b) of the Schedule to the Central African Republic (European Union Financial Sanctions) Regulations 2014 (application of information provisions) 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 ”.

Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014

26

In paragraph 6(2)(b) of the Schedule to the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014 (application of information provisions) 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 ”.

Sudan (European Union Financial Sanctions) Regulations 2014

27

In paragraph 6(2)(b) of the Schedule to the Sudan (European Union Financial Sanctions) Regulations 2014 (application of information provisions) 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 ”.

Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014

28

In paragraph 6(2)(b) of Schedule to the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014 (application of information provisions) 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 ”.

Yemen (European Union Financial Sanctions) Regulations 2014

29

In paragraph 6(2)(b) of the Schedule to the Yemen (European Union Financial Sanctions) Regulations 2014 (application of information provisions) 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 ”.

Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015

30

• (1) The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015 are amended as follows.

• (2) In regulation 46(2)(c) (restriction on what may be required by 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 ”.

• (3) In regulation 49(4) (sensitive information: restrictions on further disclosure)—

• (a) in the definition of “intercept information” for “19(3) of the Regulation of Investigatory Powers Act 2000” substitute “ 57(4) of the Investigatory Powers Act 2016 ”;

• (b) in the definition of “relevant interception warrant” after the words “Act 2000” insert “ or Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016 ”.

Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015

31

In paragraph 2(b) of Schedule 5 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (limitations on powers) 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 ”.

Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015

32

In paragraph 2(b) of Schedule 5 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (limitations on powers) 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 ”.

South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015

33

In paragraph 6(2)(b) of the Schedule to the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 (application of information provisions) 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 ”.

Burundi (European Union Financial Sanctions) Regulations 2015

34

In paragraph 6(2)(b) of the Schedule to the Burundi (European Union Financial Sanctions) Regulations 2015 (application of information provisions) 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 ”.