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Regulation of Investigatory Powers Act 2000
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Changes over time for: Section 78
Changes to legislation:
Regulation of Investigatory Powers Act 2000, Section 78 is up to date with all changes known to be in force on or before 03 January 2025. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 78:
- s. 30(6A)-(6D) inserted by 2016 anaw 6 s. 187(2)(b)
- Sch. 1 para. 16A and cross-heading inserted by 2016 anaw 6 s. 187(3)
- Sch. 1 Pt. 1 para. 20H inserted by 2013 c. 32 Sch. 12 para. 74
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 30(6A)-(6D) inserted by 2016 anaw 6 s. 187(2)(b)
- Sch. 1 para. 16A and cross-heading inserted by 2016 anaw 6 s. 187(3)
- Sch. 1 Pt. 1 para. 20H inserted by 2013 c. 32 Sch. 12 para. 74
78 Orders, regulations and rules.U.K.
This section has no associated Explanatory Notes
(1)This section applies to any power of the Secretary of State [F1or the Lord Chancellor] to make any order, regulations or rules under any provision of this Act.
(2)The powers to which this section applies shall be exercisable by statutory instrument.
(3)A statutory instrument which contains any order made in exercise of a power to which this section applies (other than the power to appoint a day under section 83(2)) but which contains neither—
(a)an order a draft of which has been approved for the purposes of section F2... F3... 28(5), 29(6), 30(7), [F432A(7),] 35(5), 41(6), 47(2), 66(3), 67(11) [F5, 71(9) or 76A(9)] nor
(b)the order to which section 35(7) applies,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)A statutory instrument containing any regulations made in exercise of a power to which this section applies [F6(other than regulations under section 67A(5))] shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F7(4A)A statutory instrument containing regulations under section 67A(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]
(5)Any order, regulations or rules made in exercise of a power to which this section applies may—
(a)make different provisions for different cases;
(b)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State [F8or (as the case may be) the Lord Chancellor] thinks fit.
Textual Amendments
F1Words in s. 78(1) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 16(a) (with s. 97); S.I. 2012/2075, art. 4(d)
F2Words in s. 78(3)(a) omitted (12.3.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 48 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(o)
F3Words in s. 78(3)(a) omitted (22.7.2020) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 59 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iii)
F4Words in s. 78(3)(a) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 16(b)(ii) (with s. 97); S.I. 2012/2075, art. 4(d)
F5Words in s. 78(3)(a) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 80; S.I. 2004/786, art. 3(1)(2)
F6Words in s. 78(4) inserted (31.12.2018) by Investigatory Powers Act 2016 (c. 25), ss. 242(5)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1379, reg. 2
F7S. 78(4A) inserted (31.12.2018) by Investigatory Powers Act 2016 (c. 25), ss. 242(5)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1379, reg. 2
F8Words in s. 78(5) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 16(c) (with s. 97); S.I. 2012/2075, art. 4(d)
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