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Investigatory Powers Act 2016
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Investigatory Powers Act 2016, Section 235 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 90(4)-(4B) substituted for s. 90(4) by 2024 c. 9 s. 18(2)(a)
- s. 90(5A) inserted by 2024 c. 9 s. 18(2)(c)
- s. 90(9A)(9B) inserted by 2024 c. 9 s. 18(2)(d)
- s. 90(11A) inserted by 2024 c. 9 s. 18(2)(f)
- s. 90(14)-(16) inserted by 2024 c. 9 s. 18(2)(g)
- s. 257(3)-(3B) substituted for s. 257(3) by 2024 c. 9 s. 18(5)(a)
- s. 257(4A) inserted by 2024 c. 9 s. 18(5)(c)
- s. 257(8A)(8B) inserted by 2024 c. 9 s. 18(5)(d)
- s. 257(10A) inserted by 2024 c. 9 s. 18(5)(f)
- s. 257(13)-(15) inserted by 2024 c. 9 s. 18(5)(g)
- s. 258A 258B inserted by 2024 c. 9 s. 21(2)
- s. 267(3)(ja) inserted by 2024 c. 9 s. 21(3)(b)
235Investigation and information powersU.K.
This section has no associated Explanatory Notes
(1)A Judicial Commissioner may carry out such investigations, inspections and audits as the Commissioner considers appropriate for the purposes of the Commissioner's functions.
(2)Every relevant person must disclose or provide to a Judicial Commissioner all such documents and information as the Commissioner may require for the purposes of the Commissioner's functions.
(3)Every relevant person must provide a Judicial Commissioner with such assistance as the Commissioner may require in carrying out any investigation, inspection or audit for the purposes of the Commissioner's functions.
(4)Assistance under subsection (3) may, in particular, include such access to apparatus, systems or other facilities or services as the Judicial Commissioner concerned may require in carrying out any investigation, inspection or audit for the purposes of the Commissioner's functions.
(5)A public authority may report to the Investigatory Powers Commissioner any refusal by a telecommunications operator or postal operator to comply with any requirements imposed by virtue of this Act.
(6)A public authority, telecommunications operator or postal operator must report to the Investigatory Powers Commissioner any relevant error (within the meaning given by section 231(9)) of which it is aware.
(7)In this section “relevant person” means—
(a)any person who holds, or has held, an office, rank or position with a public authority,
(b)any telecommunications operator or postal operator who is, has been or may become subject to a requirement imposed by virtue of this Act,
(c)any person who is, has been or may become subject to a requirement to provide assistance by virtue of section 41, 43, 126, 128, 149, 168, 170 or 190, or
(d)any person to whom a notice is given under section 49 of the Regulation of Investigatory Powers Act 2000.
Commencement Information
I1S. 235(1)-(4)(7) in force at 13.2.2017 by S.I. 2017/137, reg. 2(j)
I2S. 235(5) in force at 1.9.2017 by S.I. 2017/859, reg. 2(g)
I3S. 235(6) in force at 27.6.2018 by S.I. 2018/652, reg. 11(d)
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