Regulation of Investigatory Powers Act 2000

Commissioners U.K.

F1 57 Interception of Communications Commissioner. U.K.

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Textual Amendments

F1 S. 57 repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

F2 58 Co-operation with and reports by s. 57 Commissioner. U.K.

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Textual Amendments

F2 S. 58 repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

F3 59 Intelligence Services Commissioner. U.K.

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Textual Amendments

F3 S. 59 repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

F4 59A Additional functions of the Intelligence Services Commissioner U.K.

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Textual Amendments

F4 S. 59A repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

F5 60 Co-operation with and reports by s. 59 Commissioner. U.K.

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Textual Amendments

F5 S. 60 repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

61 Investigatory Powers Commissioner for Northern Ireland. U.K.

(1) The Prime Minister, after consultation with the First Minister and deputy First Minister in Northern Ireland, shall appoint a Commissioner to be known as the Investigatory Powers Commissioner for Northern Ireland.

(2) The Investigatory Powers Commissioner for Northern Ireland shall keep under review the exercise and performance in Northern Ireland, by the persons on whom they are conferred or imposed, of any powers or duties under Part II which are conferred or imposed by virtue of an order under section 30 made by the Office of the First Minister and deputy First Minister in Northern Ireland.

(3) The Investigatory Powers Commissioner for Northern Ireland shall give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require—

(a) in connection with the investigation of any matter by the Tribunal; or

(b) otherwise for the purposes of the Tribunal’s consideration or determination of any matter.

(4) It shall be the duty of—

(a) every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Investigatory Powers Commissioner for Northern Ireland,

(b) every person who has engaged in conduct with the authority of such an authorisation,

(c) every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a), and

(d) every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II) activities which are or may be subject to any such review have been or may be carried out,

to disclose or provide to that Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.

(5) As soon as practicable after the end of each calendar year, the Investigatory Powers Commissioner for Northern Ireland shall make a report to the First Minister and deputy First Minister in Northern Ireland with respect to the carrying out of that Commissioner’s functions.

(6) The First Minister and deputy First Minister in Northern Ireland shall lay before the Northern Ireland Assembly a copy of every annual report made by the Investigatory Powers Commissioner for Northern Ireland under subsection (5), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (7).

(7) If it appears to the First Minister and deputy First Minister in Northern Ireland, after consultation with the Investigatory Powers Commissioner for Northern Ireland, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to—

(a) the prevention or detection of serious crime, or

(b) the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,

they may exclude that matter from the copy of the report as laid before the Northern Ireland Assembly.

(8) A person shall not be appointed under this section as the Investigatory Powers Commissioner for Northern Ireland unless he holds or has held office in Northern Ireland—

(a) in any capacity in which he is or was the holder of a high judicial office (within the meaning of [F6 Part 3 of the Constitutional Reform Act 2005]); or

(b) as a county court judge.

(9) The Investigatory Powers Commissioner for Northern Ireland shall hold office in accordance with the terms of his appointment; and there shall be paid to him out of the Consolidated Fund of Northern Ireland such allowances as the Department of Finance and Personnel may determine.

(10) The First Minister and deputy First Minister in Northern Ireland shall, after consultation with the Investigatory Powers Commissioner for Northern Ireland, provide him with such staff as they consider necessary for the carrying out of his functions.

Textual Amendments

F6 Words in s. 61(8)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 30(3); S.I. 2009/1604, art. 2(e)

Modifications etc. (not altering text)

C1 S. 61: power to repeal conferred (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(5)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

F7 62 Additional functions of Chief Surveillance Commissioner. U.K.

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Textual Amendments

F7 S. 62 repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

F8 63 Assistant Surveillance Commissioners. U.K.

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Textual Amendments

F8 S. 63 repealed (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 240(2)(c), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(i) (with regs. 6-11)

64 Delegation of [F9 functions of the Investigatory Powers Commissioner for Northern Ireland]. U.K.

(1) Anything authorised or required by or under any enactment F10 ...to be done by [F11 the Investigatory Powers Commissioner for Northern Ireland] may be done by any member of the staff of that Commissioner who is authorised for the purpose (whether generally or specifically) by that Commissioner.

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Textual Amendments

F9 Words in s. 64 heading substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 80(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)

F10 Words in s. 64(1) omitted (1.9.2017) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 80(3)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)

F11 Words in s. 64(1) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 80(3)(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)

F12 S. 64(2) omitted (1.9.2017) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 80(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)