The Investigatory Powers Act 2016 (Commencement No. 11) Regulations 2019

Made: 4th February 2019

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. 11) Regulations 2019.

• (2) In these Regulations—

• “the 2000 Act” means the Regulation of Investigatory Powers Act 2000[^f00002];

• “the 2016 Act” means the Investigatory Powers Act 2016.

Provisions coming into force on 5th February 2019

2

The following provisions of the 2016 Act come into force on 5th February 2019—

• (a) section 2 (general duties in relation to privacy), so far as not already in force;

• (b) section 11 (offence of unlawfully obtaining communications data);

• (c) section 61[^f00003] (power of designated senior officers to grant authorisations), so far as not already in force;

• (d) sections 62 to 86[^f00004] (authorisations for obtaining communications data);

• (e) section 229[^f00005] (main oversight functions of the Investigatory Powers Commissioner and Judicial Commissioners), so far as not already in force;

• (f) section 231 (error reporting), to the extent it applies to an error relating to Part 3 of the 2016 Act;

• (g) section 243(1)(c) (functions of Tribunal in relation to this Act, etc), so far as it inserts—

• (i) paragraph (cza), so far as not already in force, and

• (ii) paragraph (czl)(i) and (ii), so far as not already in force;

• (h) section 243(1)(h), for the purpose of inserting subsection (7ZB) of section 65 of the 2000 Act in so far as that subsection applies to conduct which is, or purports to be, conduct falling within—

• (i) subsection (5)(cza), and

• (ii) subsection (5)(czl)(i) and (ii);

• (i) section 243(1)(i), so far as not already in force;

• (j) in section 243(2)—

• (i) paragraph (a), so far as not already in force;

• (ii) paragraph (b), in so far as it repeals the reference to section 23A of the 2000 Act, and

• (iii) paragraph (c);

• (k) section 270(1) (transitional, transitory or saving provision) so far as not already in force;

• (l) section 271(1) for the purpose of paragraph (p);

• (m) Schedule 4[^f00006] (relevant public authorities and designated senior officers, etc.);

• (n) Schedule 5 (transfer and agency arrangements with public authorities: further provisions);

• (o) paragraph 2 of Schedule 9;

• (p) the following provisions of Schedule 10 (minor and consequential provision)—

• (i) paragraph 6(1) and (2);

• (ii) paragraph 53;

• (iii) paragraph 55, in so far as the protected information referred to in section 49 of the 2000 Act came into the possession of the person referred to in that section by means of the exercise of any power conferred by an authorisation under Part 3 of the 2016 Act, or in pursuance of an authorisation under Part 3 of the 2016 Act or as the result of the issue of a warrant under Chapter 2 of Part 6 of the 2016 Act;

• (iv) paragraph 61, and

• (v) paragraph 101(3).

Signed

Ben Wallace — Minister of State — Home Office — 4th February 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring section 11 and Part 3 of the Investigatory Powers Act 2016 (“the 2016 Act”) (authorisations for obtaining communications data) into force on 5th February 2019. Section 61 had already been partly commenced for the purposes of the operation of sections 87 and 94 only. Section 61 was amended, and sections 60A and 61A were inserted, by regulations 6 and 7 of the Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), and regulations 6 and 7 will come into force on the day on which section 61(1) of the 2016 Act comes into force (5th February 2019) by virtue of regulation 1(4) of those Regulations. Schedule 1 to those Regulations made further changes to Part 3 of the 2016 Act, and will also commence on 5th February 2019.

Certain provisions (for example, paragraph 55 of Schedule 10) are only commenced in relation to the functions commenced in Part 3 of the 2016 Act. This is because Part 1 of Chapter 2 of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”) will remain in force for a period of time after the commencement of Part 3 and associated provisions of the 2016 Act, in order to allow relevant public authorities to transition in an staged way from the processes under the earlier Act to the later Act, particularly in relation to the regime under section 60A (independent authorisation by the Investigatory Powers Commissioner). It is anticipated that Part 1 of Chapter 2 of the 2000 Act will be repealed at the end of 2019.

Footnotes

[^f00001]: 2016 c. 25.

[^f00002]: 2000 c. 23.

[^f00003]: Section 61 was amended by S.I. 2018/1123. On the commencement of section 61(1), the insertion of sections 60A and 61A by regulations 5 and 7 of S.I. 2018/1123 comes into force by virtue of regulation 1(4) of those Regulations.

[^f00004]: Sections 62 to 86 (with the exception of sections 66, 79, 82 and 85) were amended by S.I. 2018/1123. In particular, section 75 was omitted by that Instrument.

[^f00005]: Section 229 was amended by S.I. 2018/1123.

[^f00006]: Schedule 4 is amended by paragraph 74 of Schedule 9 to the Policing and Crime Act 2017 (c. 3) and S.I. 2018/1123.

[^f00007]: Amended by S.I. 2017/143.