The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018

Equipment interference provisions coming into force on 31st May 2018 U.K.

4.  The following provisions of Part 5 of the 2016 Act (equipment interference) come into force on 31st May 2018—

(a) section 99 (warrants under this Part: general);

(b) section 100 (meaning of “equipment data”);

(c) section 101 (subject-matter of warrants);

(d) in section 102 (power to issue warrants to intelligence services: the Secretary of State)—

(i) subsections (1) to (3) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant;

(ii) subsection (4) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant and only if the Secretary of State considers that the only grounds for considering the warrant to be necessary is for the purpose of preventing or detecting serious crime;

(iii) subsections (5) to (9);

(e) in section 103 (power to issue warrants to intelligence services: the Scottish Ministers)—

(i) subsections (1) and (2) for the purpose of the Scottish Ministers deciding to issue a warrant but not for the purpose of the issuing of a warrant;

(ii) subsections (3) and (4);

(f) section 104 (power to issue warrants to the Chief of Defence Intelligence)—

(i) subsection (1) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant;

(ii) subsections (2) and (3);

(g) section 105 (decision to issue warrants under sections 102 to 104 to be taken personally by Ministers);

(h) in section 108 (approval of warrants by Judicial Commissioners) so far as relating to decisions to issue warrants under any of sections 102 to 104;

(i) section 111(1) to (3) and (8) (members of Parliament etc.);

(j) section 112 (items subject to legal privilege);

(k) section 113 (confidential journalistic material);

(l) section 114 (sources of journalistic information);

(m) section 115 (requirements that must be met by warrants) so far as relating to warrants under any of sections 102 to 104;

(n) section 129 (safeguards relating to retention and disclosure of material) so far as relating to warrants under any of sections 102 to 104;

(o) section 130 (safeguards relating to disclosure of material overseas);

(p) section 135 (Part 5: interpretation).