The Investigatory Powers Act 2016 (Commencement No. 12) Regulations 2020

Made: 20th July 2020

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

1

These Regulations may be cited as the Investigatory Powers Act 2016 (Commencement No. 12) Regulations 2020.

Provisions coming into force on 22nd July 2020

2

The following provisions of the Investigatory Powers Act 2016 come into force on 22nd July 2020—

• (a) section 12 (abolition or restriction of certain powers to obtain communications data);

• (b) in section 243 (functions of the Investigatory Powers Tribunal in relation to the Investigatory Powers Act 2016), subsection (1), so far as not already in force;

• (c) section 271 (schedule 10: minor and consequential provision), subsection (1), so far as relating to the provisions coming into force by virtue of this regulation;

• (d) Schedule 2 (abolition of disclosure powers);

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

• (i) in paragraph 6, sub-paragraphs (4) and (5), except in so far as these definitions relate to protected information (as defined by the Regulation of Investigatory Powers Act 2000[^f00002]) which has come into the possession of a person in the circumstances specified in section 49(1)(b) of that Act by means of the exercise of any power conferred by an authorisation under Chapter 1 of Part 1 of that Act;

• (ii) paragraph 54;

• (iii) paragraphs 56 to 60;

• (iv) in Part 8 (repeals and revocations consequential on other repeals or amendments in the Act), the repeal or revocation of the following provisions—

• (aa) sections 83 and 86(12) of, and paragraph 18 of Schedule 4 to, the Serious Crime Act 2015[^f00003];

• (bb) paragraphs 7 and 8 of Schedule 12 to the Serious Crime Act 2007[^f00004];

• (cc) paragraph 4(5) in the Schedule to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007[^f00005];

• (dd) section 7 of, and paragraphs 13 and 14 of Schedule 7 to, the Policing and Crime Act 2009[^f00006];

• (ee) section 37 of, and paragraphs 7 and 8 and paragraph 16(b)(i), (and the word “and” at the end of sub-paragraph (i)) of Schedule 9 to, the Protection of Freedoms Act 2012[^f00007];

• (ff) paragraph 81 of Schedule 8 to the Crime and Courts Act 2013[^f00008];

• (gg) paragraph 33(5) to (8) of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013[^f00009].

Signed

James Brokenshire — Minister of State — Home Office — 20th July 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force almost all of the remaining provisions in the Investigatory Powers Act 2016 (“the 2016 Act”). In particular, these Regulations bring into force section 12 and Schedule 2 which remove from various public authorities their powers to obtain communications data outside of the 2016 Act without the consent of the telecommunications operator or the postal operator holding the communications data. These Regulations also bring into force paragraph 54 of Schedule 10 which repeals Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”). These Regulations bring into force various other provisions in Schedule 10 to the 2016 Act which make changes consequential to the removal of these powers to obtain communications data.

These Regulations also bring into force amendments in section 243(1)(a) of the 2016 Act to section 65 of the 2000 Act which relate to the scope of the powers of the Investigatory Powers Tribunal (“the IPT”) to investigate complaints relating to the conduct that may be permitted or required under Part 3 of the 2016 Act. Section 243(1)(h) is also brought into force with the effect that section 65 of the 2000 Act is amended to bring complaints about the giving, or purported giving, of a notice under section 49 of the 2000 Act (notices requiring disclosure) within the scope of the IPT.

Footnotes

[^f00001]: 2016 c. 25.

[^f00002]: 2000 c. 23.

[^f00003]: 2015 c. 9.

[^f00004]: 2007 c. 27.

[^f00005]: S.I. 2007/1098.

[^f00006]: 2009 c. 26.

[^f00007]: 2012 c. 9.

[^f00008]: 2013 c. 22.

[^f00009]: S.I. 2013/602.

[^f00010]: Amended by S.I. 2017/143.