Investigatory Powers Act 2016

78 Collaboration agreements U.K.

(1) A collaboration agreement is an agreement (other than a police collaboration agreement) under which—

(a) a relevant public authority (“the supplying authority”) puts the services of F1 ...[F2 designated senior officers of that authority or other] officers of that authority at the disposal of another relevant public authority (“the subscribing authority”) for the purposes of the subscribing authority's functions under this Part, and

[F3 (b) either—

(i) a designated senior officer of the supplying authority is permitted to grant authorisations under section 61 or 61A to officers of the subscribing authority,

(ii) officers of the supplying authority are permitted to be granted authorisations under section 61 or 61A by a designated senior officer of the subscribing authority, or

(iii) officers of the supplying authority act as single points of contact for officers of the subscribing authority.]

[F4 (2) The persons by whom, or to whom, authorisations may be granted (or who may act as single points of contact) under a collaboration agreement are additional to those persons by whom, or to whom, authorisations would otherwise be granted under this Part (or who could otherwise act as single points of contact).]

[F5 (3) In a case falling within subsection (1)(b)(i)—

(a) section 61 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the subscribing authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority,

(b) section 61A has effect as if—

(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the subscribing authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority, and

(c) this Part has effect as if the designated senior officer of the supplying authority had the power to grant an authorisation under section 61 or 61A to officers of the subscribing authority, and had other functions in relation to the authorisation, which were the same as (and subject to no greater or lesser restrictions than) the power and other functions which the designated senior officer of the subscribing authority who would otherwise have dealt with the authorisation would have had.

(4) In a case falling within subsection (1)(b)(ii)—

(a) section 61 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the supplying authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority, and

(b) section 61A has effect as if—

(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the supplying authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [F7 In a case falling within subsection (1)(b)(iii),] section 76(4)(b) has effect as if the references to the relevant public authority were references to the subscribing authority.

(6) In this section—

• “force collaboration provision” has the meaning given by paragraph (a) of section 22A(2) of the Police Act 1996 but as if the reference in that paragraph to a police force included the National Crime Agency,

• “police collaboration agreement” means a collaboration agreement under section 22A of the Police Act 1996 which contains force collaboration provision.

Textual Amendments

F1 Words in s. 78(1)(a) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 18(2)(a) (see S.I. 2019/174, reg. 2(c))

F2 Words in s. 78(1)(a) inserted (17.5.2019) by The Communications Data Acquisition Regulations 2019 (S.I. 2019/939), regs. 1(2), 3(2)(a)

F3 S. 78(1)(b) substituted (17.5.2019) by The Communications Data Acquisition Regulations 2019 (S.I. 2019/939), regs. 1(2), 3(2)(b)

F4 S. 78(2) substituted (17.5.2019) by The Communications Data Acquisition Regulations 2019 (S.I. 2019/939), regs. 1(2), 3(3)

F5 S. 78(3)(4) inserted (17.5.2019) by The Communications Data Acquisition Regulations 2019 (S.I. 2019/939), regs. 1(2), 3(4)

F6 S. 78(3)(4) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 18(4) (see S.I. 2019/174, reg. 2(c))

F7 Words in s. 78(5) substituted (17.5.2019) by The Communications Data Acquisition Regulations 2019 (S.I. 2019/939), regs. 1(2), 3(5)

Commencement Information

I1 S. 78 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)