SCHEDULES

SCHEDULE 8Abolition of SOCA and NPIA

Part 2Minor and consequential amendments and repeals

Regulation of Investigatory Powers Act 2000 (c. 23)

77

The Regulation of Investigatory Powers Act 2000 is amended as follows.

F178

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79

In section 17 (exclusion of matters from legal proceedings), in subsection (3), omit paragraph (c).

80

In section 19 (offence for unauthorised disclosures), in subsection (2), omit paragraph (c).

81

(1)

Section 25 (interpretation of Chapter 2) is amended in accordance with this paragraph.

(2)

In subsection (1), in the definition of “relevant public authority”, for paragraph (b) substitute—

“(b)

the National Crime Agency;”.

(3)

In subsection (3A), for the words from “Serious” to the end substitute “ National Crime Agency include references to any National Crime Agency officer. ”.

82

In section 32 (authorisation of intrusive surveillance), in subsection (6), for paragraph (k) substitute—

“(k)

the Director General of the National Crime Agency and any National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;”.

83

(1)

Section 33 (rules of grant of authorisations) is amended in accordance with this paragraph.

(2)

In subsection (1A), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3)

In subsection (3A)—

(a)

for “The Director General of the Serious Organised Crime Agency” substitute “ The Director General of the National Crime Agency ”;

(b)

for “member of staff of the Agency” substitute “ National Crime Agency officer ”.

(4)

In subsection (5)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

84

(1)

Section 34 (grant of authorisation in the senior officer's absence) is amended in accordance with this paragraph.

(2)

In subsection (1)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(3)

In subsection (4)(j), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

85

(1)

Section 35 (notifications of authorisations for intrusive surveillance) is amended in accordance with this paragraph.

(2)

In subsection (1), for “SOCA” substitute “ the National Crime Agency ”.

(3)

In subsection (10)—

(a)

for “SOCA” substitute “ the National Crime Agency ”;

(b)

in paragraph (a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

86

(1)

Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph.

(2)

In subsection (1), for paragraph (b) substitute—

“(b)

a National Crime Agency officer;”.

(3)

In subsection (6)(b) and (d), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

87

In section 37 (quashing of police and Revenue and Customs authorisations etc), in subsection (1), for paragraph (b) substitute—

“(b)

a National Crime Agency officer;”.

88

In section 40 (information to be provided to Surveillance Commissioners), for paragraph (b) substitute—

“(b)

every National Crime Agency officer,”.

89

In section 46 (restrictions on authorisations extending to Scotland), in subsection (3), for paragraph (db) substitute—

“(db)

the National Crime Agency;”.

90

In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

91

(1)

Section 51 (cases in which key required) is amended in accordance with this paragraph.

(2)

In subsection (2)—

(a)

for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

(b)

in paragraph (aa)—

(i)

for “SOCA” substitute “ the National Crime Agency ”;

(ii)

for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3)

In subsections (3) and (6), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

92

In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute “ the National Crime Agency ”.

93

(1)

Section 55 (general duties of specified authorities) is amended in accordance with this paragraph.

(2)

In subsection (1), for paragraph (ba) substitute—

“(ba)

the Director General of the National Crime Agency;”.

(3)

For subsection (3A) substitute—

“(3A)

The power of the Director General of the National Crime Agency to delegate functions under paragraph 10 of Schedule 1 to the Crime and Courts Act 2013 does not apply in relation to the Director General's duties under this section.”.

94

In section 56 (interpretation of Part 3), in subsection (1)—

(a)

in paragraph (a) of the definition of “the police”, for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b)

omit the definition of SOCA.

95

In section 58 (co-operation with and reports by section 57 Commissioner), in subsection (1), omit paragraph (b).

96

In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—

“(d)

the National Crime Agency;”.

97

In section 68 (Tribunal procedure), in subsection (7), omit paragraph (b).

98

(1)

Section 76A (foreign surveillance operations) is amended in accordance with this paragraph.

(2)

In subsection (6)(a), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3)

In subsection (11), in the definition of “United Kingdom officer”, for paragraph (b) substitute—

“(b)

a National Crime Agency officer;”.

99

In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29), for paragraph 2 substitute—

“2

The National Crime Agency.”.

100

(1)

Schedule 2 (persons having the appropriate permission) is amended in accordance with this paragraph.

(2)

In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and (5), for “SOCA” substitute “ the National Crime Agency, ”.

(3)

In paragraph 4 (data obtained under statute by other persons but without a warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

(4)

In paragraph 5 (data obtained without the exercise of statutory powers), in sub-paragraph (3)(b), for “SOCA” substitute “ the National Crime Agency ”.

(5)

In paragraph 6 (general requirements relating to the appropriate permission), in sub-paragraphs (3A) and (6), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.