(1)The Secretary of State must, within the period of 6 months beginning with the end of the initial period, prepare a report on the operation of this Act.
(2)In subsection (1) “the initial period” is the period of 5 years and 6 months beginning with the day on which this Act is passed.
(3)In preparing the report under subsection (1), the Secretary of State must, in particular, take account of any report on the operation of this Act made by a Select Committee of either House of Parliament (whether acting alone or jointly).
(4)The Secretary of State must—
(a)publish the report prepared under subsection (1), and
(b)lay a copy of it before Parliament.
(1)The definitions in this section have effect for the purposes of this Act.
(2)“Communication”, in relation to a telecommunications operator, telecommunications service or telecommunication system, includes—
(a)anything comprising speech, music, sounds, visual images or data of any description, and
(b)signals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus.
(3)“Entity data” means any data which—
(a)is about—
(i)an entity,
(ii)an association between a telecommunications service and an entity, or
(iii)an association between any part of a telecommunication system and an entity,
(b)consists of, or includes, data which identifies or describes the entity (whether or not by reference to the entity’s location), and
(c)is not events data.
(4)“Events data” means any data which identifies or describes an event (whether or not by reference to its location) on, in or by means of a telecommunication system where the event consists of one or more entities engaging in a specific activity at a specific time.
(5)“Communications data”, in relation to a telecommunications operator, telecommunications service or telecommunication system, means entity data or events data—
(a)which is (or is to be or is capable of being) held or obtained by, or on behalf of, a telecommunications operator and—
(i)is about an entity to which a telecommunications service is provided and relates to the provision of the service,
(ii)is comprised in, included as part of, attached to or logically associated with a communication (whether by the sender or otherwise) for the purposes of a telecommunication system by means of which the communication is being or may be transmitted, or
(iii)does not fall within sub-paragraph (i) or (ii) but does relate to the use of a telecommunications service or a telecommunication system,
(b)which is available directly from a telecommunication system and falls within sub-paragraph (ii) of paragraph (a), or
(c)which—
(i)is (or is to be or is capable of being) held or obtained by, or on behalf of, a telecommunications operator,
(ii)is about the architecture of a telecommunication system, and
(iii)is not about a specific person,
but does not include any content of a communication or anything which, in the absence of subsection (6)(b), would be content of a communication.
(6)“Content”, in relation to a communication and a telecommunications operator, telecommunications service or telecommunication system, means any element of the communication, or any data attached to or logically associated with the communication, which reveals anything of what might reasonably be considered to be the meaning (if any) of the communication, but—
(a)any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded, and
(b)anything which is systems data is not content.
(7)“Entity” means a person or thing.
(8)“Public telecommunications service” means any telecommunications service which is offered or provided to the public, or a substantial section of the public, in any one or more parts of the United Kingdom.
(9)“Public telecommunication system” means a telecommunication system located in the United Kingdom—
(a)by means of which any public telecommunications service is provided, or
(b)which consists of parts of any other telecommunication system by means of which any such service is provided.
(10)“Telecommunications operator” means a person who—
(a)offers or provides a telecommunications service to persons in the United Kingdom, or
(b)controls or provides a telecommunication system which is (wholly or partly)—
(i)in the United Kingdom, or
(ii)controlled from the United Kingdom.
(11)“Telecommunications service” means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service).
(12)For the purposes of subsection (11), the cases in which a service is to be taken to consist in the provision of access to, and of facilities for making use of, a telecommunication system include any case where a service consists in or includes facilitating the creation, management or storage of communications transmitted, or that may be transmitted, by means of such a system.
(13)“Telecommunication system” means a system (including the apparatus comprised in it) that exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy.
(14)“Private telecommunication system” means any telecommunication system which—
(a)is not a public telecommunication system,
(b)is attached, directly or indirectly, to a public telecommunication system (whether or not for the purposes of the communication in question), and
(c)includes apparatus which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to that public telecommunication system.
(1)The definitions in this section have effect for the purposes of this Act.
(2)“Communication”, in relation to a postal operator or postal service (but not in the definition of “postal service” in this section), includes anything transmitted by a postal service.
(3)“Communications data”, in relation to a postal operator or postal service, means—
(a)postal data comprised in, included as part of, attached to or logically associated with a communication (whether by the sender or otherwise) for the purposes of a postal service by means of which it is being or may be transmitted,
(b)information about the use made by any person of a postal service (but excluding any content of a communication (apart from information within paragraph (a)), or
(c)information not within paragraph (a) or (b) that is (or is to be or is capable of being) held or obtained by or on behalf of a person providing a postal service, is about those to whom the service is provided by that person and relates to the service so provided.
(4)“Postal data” means data which—
(a)identifies, or purports to identify, any person, apparatus or location to or from which a communication is or may be transmitted,
(b)identifies or selects, or purports to identify or select, apparatus through which, or by means of which, a communication is or may be transmitted,
(c)identifies, or purports to identify, the time at which an event relating to a communication occurs, or
(d)identifies the data or other data as data comprised in, included as part of, attached to or logically associated with a particular communication.
For the purposes of this definition “data”, in relation to a postal item, includes anything written on the outside of the item.
(5)“Postal item” means—
(a)any letter, postcard or other such thing in writing as may be used by the sender for imparting information to the recipient, or
(b)any packet or parcel.
(6)“Postal operator” means a person providing a postal service to persons in the United Kingdom.
(7)“Postal service” means a service that—
(a)consists in the following, or in any one or more of them, namely, the collection, sorting, conveyance, distribution and delivery (whether in the United Kingdom or elsewhere) of postal items, and
(b)has as its main purpose, or one of its main purposes, to make available, or to facilitate, a means of transmission from place to place of postal items containing communications.
(8)“Public postal service” means a postal service that is offered or provided to the public, or a substantial section of the public, in any one or more parts of the United Kingdom.
(1)In this Act—
“apparatus” includes any equipment, machinery or device (whether physical or logical) and any wire or cable,
“civil proceedings” means any proceedings in or before any court or tribunal that are not criminal proceedings,
“crime” means conduct which—
constitutes one or more criminal offences, or
is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences,
“criminal proceedings” includes proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006 (and references to criminal prosecutions are to be read accordingly),
“data” includes data which is not electronic data and any information (whether or not electronic),
“destroy”, in relation to electronic data, means delete the data in such a way as to make access to the data impossible (and related expressions are to be read accordingly),
“enactment” means an enactment whenever passed or made; and includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, and
an enactment contained in, or in an instrument made under, Northern Ireland legislation,
“enhanced affirmative procedure” is to be read in accordance with section 268,
“functions” includes powers and duties,
“GCHQ” has the same meaning as in the Intelligence Services Act 1994,
“head”, in relation to an intelligence service, means—
in relation to the Security Service, the Director-General,
in relation to the Secret Intelligence Service, the Chief, and
in relation to GCHQ, the Director,
“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006,
“identifying data” has the meaning given by subsection (2),
“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ,
“the Investigatory Powers Commissioner” means the person appointed under section 227(1)(a) (and the expression is also to be read in accordance with section 227(13)(b)),
“the Investigatory Powers Tribunal” means the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000,
“items subject to legal privilege”—
in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act),
in relation to Scotland, means—
communications between a professional legal adviser and the adviser’s client, or
communications made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which would, by virtue of any rule of law relating to the confidentiality of communications, be protected in legal proceedings from disclosure, and
in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order),
“Judicial Commissioner” means a person appointed under section 227(1)(a) or (b) (and the expression is therefore to be read in accordance with section 227(13)(a)),
“legal proceedings” means—
civil or criminal proceedings in or before a court or tribunal, or
proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006,
“modify” includes amend, repeal or revoke (and related expressions are to be read accordingly),
“person holding office under the Crown” includes any servant of the Crown and any member of Her Majesty’s forces,
“premises” includes any land, movable structure, vehicle, vessel, aircraft or hovercraft (and “set of premises” is to be read accordingly),
“primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation,
“public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal,
“serious crime” means crime where—
the offence, or one of the offences, which is or would be constituted by the conduct concerned is an offence for which a person who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of 3 years or more, or
the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose,
“source of journalistic information” means an individual who provides material intending the recipient to use it for the purposes of journalism or knowing that it is likely to be so used,
“specified”, in relation to an authorisation, warrant, notice or regulations, means specified or described in the authorisation, warrant, notice or (as the case may be) regulations (and “specify” is to be read accordingly),
“statutory”, in relation to any function, means conferred by virtue of this Act or any other enactment,
“subordinate legislation” means—
subordinate legislation within the meaning of the Interpretation Act 1978, or
an instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales,
“systems data” has the meaning given by subsection (4),
“the Technical Advisory Board” means the Board provided for by section 245,
“the Technology Advisory Panel” means the panel established in accordance with section 246(1),
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
(2)In this Act “identifying data” means—
(a)data which may be used to identify, or assist in identifying, any person, apparatus, system or service,
(b)data which may be used to identify, or assist in identifying, any event, or
(c)data which may be used to identify, or assist in identifying, the location of any person, event or thing.
(3)For the purposes of subsection (2), the reference to data which may be used to identify, or assist in identifying, any event includes—
(a)data relating to the fact of the event;
(b)data relating to the type, method or pattern of event;
(c)data relating to the time or duration of the event.
(4)In this Act “systems data” means any data that enables or facilitates, or identifies or describes anything connected with enabling or facilitating, the functioning of any of the following—
(a)a postal service;
(b)a telecommunication system (including any apparatus forming part of the system);
(c)any telecommunications service provided by means of a telecommunication system;
(d)a relevant system (including any apparatus forming part of the system);
(e)any service provided by means of a relevant system.
(5)For the purposes of subsection (4), a system is a “relevant system” if any communications or other information are held on or by means of the system.
(6)For the purposes of this Act detecting crime or serious crime is to be taken to include—
(a)establishing by whom, for what purpose, by what means and generally in what circumstances any crime or (as the case may be) serious crime was committed, and
(b)the apprehension of the person by whom any crime or (as the case may be) serious crime was committed.
(7)References in this Act to the examination of material obtained under a warrant are references to the material being read, looked at or listened to by the persons to whom it becomes available as a result of the warrant.
(1)The definitions in this section have effect for the purposes of this Act.
(2)“Journalistic material” means material created or acquired for the purposes of journalism.
(3)For the purposes of this section, where—
(a)a person (“R”) receives material from another person (“S”), and
(b)S intends R to use the material for the purposes of journalism,
R is to be taken to have acquired it for those purposes.
Accordingly, a communication sent by S to R containing such material is to be regarded as a communication containing journalistic material.
(4)For the purposes of determining whether a communication contains material acquired for the purposes of journalism, it does not matter whether the material has been acquired for those purposes by the sender or recipient of the communication or by some other person.
(5)For the purposes of this section—
(a)material is not to be regarded as created or acquired for the purposes of journalism if it is created or acquired with the intention of furthering a criminal purpose, and
(b)material which a person intends to be used to further such a purpose is not to be regarded as intended to be used for the purposes of journalism.
(6)“Confidential journalistic material” means—
(a)in the case of material contained in a communication, journalistic material which the sender of the communication—
(i)holds in confidence, or
(ii)intends the recipient, or intended recipient, of the communication to hold in confidence;
(b)in any other case, journalistic material which a person holds in confidence.
(7)A person holds material in confidence for the purposes of this section if—
(a)the person holds it subject to an express or implied undertaking to hold it in confidence, or
(b)the person holds it subject to a restriction on disclosure or an obligation of secrecy contained in an enactment.
In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
| Expression | Provision |
|---|---|
| Apparatus | Section 263(1) |
| Bulk equipment interference warrant | Section 176(1) |
| Bulk interception warrant | Section 136(1) |
| Civil proceedings | Section 263(1) |
| Communication | Sections 261(2) and 262(2) |
| Communications data | Sections 261(5) and 262(3) |
| Confidential journalistic material | Section 264(6) and (7) |
| Content of a communication (in relation to a telecommunications operator, telecommunications service or telecommunication system) | Section 261(6) |
| Crime | Section 263(1) |
| Criminal proceedings | Section 263(1) |
| Criminal prosecution | Section 263(1) |
| Data | Section 263(1) |
| Destroy (in relation to electronic data) and related expressions | Section 263(1) |
| Detecting crime or serious crime | Section 263(6) |
| Enactment | Section 263(1) |
| Enhanced affirmative procedure | Section 263(1) |
| Entity | Section 261(7) |
| Entity data | Section 261(3) |
| Events data | Section 261(4) |
| Examination (in relation to material obtained under a warrant) | Section 263(7) |
| Functions | Section 263(1) |
| GCHQ | Section 263(1) |
| Head (in relation to an intelligence service) | Section 263(1) |
| Her Majesty’s forces | Section 263(1) |
| Identifying data | Section 263(2) and (3) |
| Intelligence service | Section 263(1) |
| Interception of communication (postal service) | Sections 4(7) and 5 |
| Interception of communication (telecommunication system) | Sections 4(1) to (6) and 5(1) |
| Interception of communication in the United Kingdom | Section 4(8) |
| Internet connection record | Section 62(7) |
| Investigatory Powers Commissioner | Section 263(1) |
| Investigatory Powers Tribunal | Section 263(1) |
| Items subject to legal privilege | Section 263(1) |
| Journalistic material | Section 264(2) to (5) |
| Judicial Commissioner | Section 263(1) |
| Judicial Commissioners | Section 227(7) |
| Lawful authority (in relation to interception of communication) | Section 6 |
| Legal proceedings | Section 263(1) |
| Modify (and related expressions) | Section 263(1) |
| Person holding office under the Crown | Section 263(1) |
| Postal data | Section 262(4) |
| Postal item | Section 262(5) |
| Postal item in course of transmission by postal service | Section 4(7) |
| Postal operator | Section 262(6) |
| Postal service | Section 262(7) |
| Premises | Section 263(1) |
| Primary legislation | Section 263(1) |
| Private telecommunication system | Section 261(14) |
| Public authority | Section 263(1) |
| Public postal service | Section 262(8) |
| Public telecommunications service | Section 261(8) |
| Public telecommunication system | Section 261(9) |
| Serious crime | Section 263(1) (and paragraph 6 of Schedule 9) |
| Source of journalistic information | Section 263(1) |
| Specified and specify (in relation to an authorisation, warrant, notice or regulations) | Section 263(1) |
| Statutory (in relation to any function) | Section 263(1) |
| Subordinate legislation | Section 263(1) |
| Systems data | Section 263(4) and (5) |
| Technical Advisory Board | Section 263(1) |
| Technology Advisory Panel | Section 263(1) |
| Telecommunications operator | Section 261(10) |
| Telecommunications service | Section 261(11) and (12) |
| Telecommunication system | Section 261(13) |
| Working day | Section 263(1) |
(1)This section applies if an offence under this Act is committed by a body corporate or a Scottish partnership.
(2)If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)a senior officer of the body corporate or Scottish partnership, or
(b)a person purporting to act in such a capacity,
the senior officer or person (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
(3)In this section—
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,
“senior officer” means—
in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate, and
in relation to a Scottish partnership, a partner in the partnership.
(1)Any power of the Secretary of State or the Treasury to make regulations under this Act—
(a)is exercisable by statutory instrument,
(b)may be exercised so as to make different provision for different purposes or different areas, and
(c)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.
(2)See sections 72(3) and 73(6) for the procedure for a statutory instrument containing regulations under section 71 to which section 72 applies or (as the case may be) regulations under section 73(4) to which section 73(5) applies (enhanced affirmative procedure).
(3)A statutory instrument containing regulations under—
(a)section 12(4) or 271(2) which amend or repeal any provision of primary legislation,
(b)section 46(2),
(c)section 52(5),
(d)section 83,
(e)section 90(1),
(f)section 239,
(g)section 240(3),
(h)section 245,
(i)section 253,
(j)section 257(1), or
(k)paragraph 33 of Schedule 8,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4)A statutory instrument containing—
(a)regulations under section 12(4) or 271(2) to which subsection (3) does not apply,
(b)regulations under section 65(5), or
(c)regulations under paragraph 2(1)(b) of Schedule 5,
is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
(5)A statutory instrument containing—
(a)regulations under section 10(3),
(b)regulations under section 52(3),
(c)regulations under section 58(8)(a),
(d)regulations under section 71 to which section 72 does not apply,
(e)regulations under section 73(4) to which section 73(5) does not apply,
(f)regulations under section 133(6)(a), or
(g)regulations under section 255(7),
is subject to annulment in pursuance of a resolution of either House of Parliament.
(6)A statutory instrument containing regulations under paragraph 4 of Schedule 5 is subject to annulment in pursuance of a resolution of the House of Commons.
(7)See paragraphs 4(4) and 5(5) of Schedule 7 for the procedure for a statutory instrument containing regulations about the coming into force of a code of practice under that Schedule or of any revisions to such a code of practice (affirmative procedure or, in the case of the coming into force of revisions, a choice between that procedure and laying before Parliament after being made).
(8)A statutory instrument containing regulations which are subject to a particular parliamentary procedure under this Act may also include regulations which are subject to a different or no parliamentary procedure under this Act (but this subsection does not apply to regulations mentioned in subsection (2), (4), (6) or (7)).
(9)A statutory instrument which, by virtue of subsection (8), contains regulations which are subject to different parliamentary procedures, or one or more parliamentary procedure and no parliamentary procedure, is subject to whichever procedure is the higher procedure; and the order is as follows (the highest first)—
(a)the procedure set out in subsection (3) (the affirmative procedure),
(b)the procedure set out in subsection (5) above (the negative procedure),
(c)no procedure.
(10)Provision is not prevented from being included in regulations made under this Act merely because the provision could have been included in other regulations made under this Act which would have been subject to a different or no parliamentary procedure.
(1)For the purposes of regulations under section 71 to which section 72 applies and regulations under section 73(4) to which section 73(5) applies, the enhanced affirmative procedure is as follows.
(2)Subsection (3) applies if—
(a)the Secretary of State has consulted under section 72(2) or (as the case may be) 73(5) in relation to making such regulations,
(b)a period of at least 12 weeks, beginning with the day on which any such consultation first began, has elapsed, and
(c)the Secretary of State considers it appropriate to proceed with making such regulations.
(3)The Secretary of State must lay before Parliament—
(a)draft regulations, and
(b)a document which explains the regulations.
(4)The Secretary of State may make regulations in the terms of the draft regulations laid under subsection (3) if, after the end of the 40-day period, the draft regulations are approved by a resolution of each House of Parliament.
(5)But subsections (6) to (9) apply instead of subsection (4) if—
(a)either House of Parliament so resolves within the 30-day period, or
(b)a committee of either House charged with reporting on the draft regulations so recommends within the 30-day period and the House to which the recommendation is made does not by resolution reject the recommendation within that period.
(6)The Secretary of State must have regard to—
(a)any representations,
(b)any resolution of either House of Parliament, and
(c)any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,
made during the 60-day period with regard to the draft regulations.
(7)If after the end of the 60-day period the draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the draft regulations.
(8)If after the end of the 60-day period the Secretary of State wishes to proceed with the draft regulations but with material changes, the Secretary of State may lay before Parliament—
(a)revised draft regulations, and
(b)a statement giving a summary of the changes proposed.
(9)If the revised draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the revised draft regulations.
(10)For the purposes of this section regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to the provisions of the draft, or revised draft, regulations.
(11)References in this section to the “30-day”, “40-day” and “60-day” periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Parliament; and, for this purpose, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.
There is to be paid out of money provided by Parliament—
(a)any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and
(b)any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
(1)Schedule 9 (which contains transitional, transitory and saving provision including a general saving for lawful conduct) has effect.
(2)The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
(1)Schedule 10 (which contains minor and consequential provision) has effect.
(2)The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.
(3)The power to make regulations under subsection (2) may, in particular, be exercised by modifying any provision made by or under an enactment.
(4)In subsection (3) “enactment” does not include any primary legislation passed or made after the end of the Session in which this Act is passed.
(1)Subject to subsections (2) and (3), this Act comes into force on such day as the Secretary of State may by regulations appoint; and different days may be appointed for different purposes.
(2)Sections 260 to 269, 270(2), 271(2) to (4) and this section come into force on the day on which this Act is passed.
(3)Sections 227 and 228 come into force at the end of the period of two months beginning with the day on which this Act is passed.
(4)Subject to subsections (5) to (7), this Act extends to England and Wales, Scotland and Northern Ireland.
(5)An amendment, repeal or revocation made by this Act of an enactment has the same extent within the United Kingdom as the enactment amended, repealed or revoked.
(6)Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to the Isle of Man or any of the British overseas territories.
(7)Any power under an Act to extend any provision of that Act by Order in Council to any of the Channel Islands may be exercised so as to extend there (with or without modifications) any amendment or repeal of that provision which is made by or under this Act.
(8)This Act may be cited as the Investigatory Powers Act 2016.