Investigatory Powers Act 2016

Part 3 Acquisition of communications data

Regulation of Investigatory Powers Act 2000

53 The Regulation of Investigatory Powers Act 2000 is amended as follows.

54 Omit Chapter 2 of Part 1 (acquisition and disclosure of communications data).

55 In section 49(1)(c) (investigation of electronic data protected by encryption etc: powers under which data obtained)—

(a) for the words from “section 22(3)” to “Part II” substitute “Part 3 of the Investigatory Powers Act 2016 or Part 2 of this Act”, and

(b) for “under section 22(4)” substitute “in pursuance of an authorisation under Part 3 of the Act of 2016 or as the result of the issue of a warrant under Chapter 2 of Part 6 of the Act of 2016”.

56 In section 71(2) (issue and revision of codes of practice) omit “23A or”.

57 (1) Section 77A (procedure for order of sheriff under section 23A or 32A: Scotland) is amended as follows.

(2) In the heading and in subsection (1)—

(a) for “23A” substitute “75 of the Investigatory Powers Act 2016”, and

(b) for “or 32A” substitute “or section 32A of this Act”.

(3) In subsection (3) for “sections 23B and 32B and this section” substitute “this section, section 32B of this Act and section 75 of the Investigatory Powers Act 2016”.

58 (1) Section 77B (procedure for order of district judge under section 23A or 32A: Northern Ireland) is amended as follows.

(2) In the heading and in subsections (1) and (4) for “section 23A or 32A” substitute “section 32A of this Act or section 75 of the Investigatory Powers Act 2016”.

(3) In subsection (4) for “sections 23B and 32B” substitute “section 32B of this Act and section 75 of that Act”.

59 In section 78(3)(a) (affirmative orders) omit “22(9), 23A(6), 25(5),”.

60 In section 81(9) (general interpretation: certain references relating to Northern Ireland) omit “23A(7)(b),”.

Police Reform Act 2002

61 (1) Paragraph 19ZA of Schedule 3 to the Police Reform Act 2002 (investigations by the IPCC: information notices) is amended as follows.

(2) In sub-paragraph (3) omit—

(a) the words from “(within the meaning of Chapter 2” to “2000)”, and

(b) the words “(within the meaning of that Chapter)”.

(3) After sub-paragraph (3) insert—

“(3A) In sub-paragraph (3) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).”