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Investigatory Powers Act 2016

Changes to legislation:

Investigatory Powers Act 2016 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 General privacy protections

    1. Overview and general privacy duties

      1. 1.Overview of Act

      2. 2.General duties in relation to privacy

    2. Prohibitions against unlawful interception

      1. 3.Offence of unlawful interception

      2. 4.Definition of “interception” etc.

      3. 5.Conduct that is not interception

      4. 6.Definition of “lawful authority”

      5. 7.Monetary penalties for certain unlawful interceptions

      6. 8.Civil liability for certain unlawful interceptions

      7. 9.Restriction on requesting interception by overseas authorities

      8. 10.Restriction on requesting assistance under mutual assistance agreements etc.

    3. Prohibition against unlawful obtaining of communications data

      1. 11.Offence of unlawfully obtaining communications data

    4. Abolition or restriction of powers to obtain communications data

      1. 12.Abolition or restriction of certain powers to obtain communications data

    5. Restrictions on interference with equipment

      1. 13.Mandatory use of equipment interference warrants

      2. 14.Restriction on use of section 93 of the Police Act 1997

  3. Part 2 Lawful interception of communications

    1. CHAPTER 1 Interception and examination with a warrant

      1. Warrants under this Chapter

        1. 15.Warrants that may be issued under this Chapter

        2. 16.Obtaining secondary data

        3. 17.Subject-matter of warrants

      2. Power to issue warrants

        1. 18.Persons who may apply for issue of a warrant

        2. 19.Power of Secretary of State to issue warrants

        3. 20.Grounds on which warrants may be issued by Secretary of State

        4. 21.Power of Scottish Ministers to issue warrants

        5. 22.“Relevant Scottish applications”

      3. Approval of warrants by Judicial Commissioners

        1. 23.Approval of warrants by Judicial Commissioners

        2. 24.Approval of warrants issued in urgent cases

        3. 25.Failure to approve warrant issued in urgent case

      4. Additional safeguards

        1. 26.Members of Parliament etc.

        2. 27.Items subject to legal privilege

        3. 28.Confidential journalistic material

        4. 29.Sources of journalistic information

      5. Further provision about warrants

        1. 30.Decisions to issue warrants to be taken personally by Ministers

        2. 31.Requirements that must be met by warrants

        3. 32.Duration of warrants

        4. 33.Renewal of warrants

        5. 34.Modification of warrants

        6. 35.Persons who may make modifications

        7. 36.Further provision about modifications

        8. 37.Notification of major modifications

        9. 38.Approval of major modifications made in urgent cases

        10. 39.Cancellation of warrants

        11. 40.Special rules for certain mutual assistance warrants

      6. Implementation of warrants

        1. 41.Implementation of warrants

        2. 42.Service of warrants

        3. 43.Duty of operators to assist with implementation

    2. CHAPTER 2 Other forms of lawful interception

      1. Interception with consent

        1. 44.Interception with the consent of the sender or recipient

      2. Interception for administrative or enforcement purposes

        1. 45.Interception by providers of postal or telecommunications services

        2. 46.Interception by businesses etc. for monitoring and record-keeping purposes

        3. 47.Postal services: interception for enforcement purposes

        4. 48.Interception by OFCOM in connection with wireless telegraphy

      3. Interception taking place in certain institutions

        1. 49.Interception in prisons

        2. 50.Interception in psychiatric hospitals etc.

        3. 51.Interception in immigration detention facilities

      4. Interception in accordance with overseas requests

        1. 52.Interception in accordance with overseas requests

    3. CHAPTER 3 Other provisions about interception

      1. Restrictions on use or disclosure of material obtained under warrants etc.

        1. 53.Safeguards relating to retention and disclosure of material

        2. 54.Safeguards relating to disclosure of material overseas

        3. 55.Additional safeguards for items subject to legal privilege

        4. 56.Exclusion of matters from legal proceedings etc.

        5. 57.Duty not to make unauthorised disclosures

        6. 58.Section 57: meaning of “excepted disclosure”

        7. 59.Offence of making unauthorised disclosures

      2. Interpretation

        1. 60.Part 2: interpretation

  4. Part 3 Authorisations for obtaining communications data

    1. Targeted authorisations for obtaining data: the Investigatory Powers Commissioner

      1. 60A.Power of Investigatory Powers Commissioner to grant authorisations

    2. Targeted authorisations for obtaining data : designated senior officers

      1. 61.Power of designated senior officers to grant authorisations

      2. 61A.Power of designated senior officers to grant authorisations: urgent cases

    3. Further provision about authorisations

      1. 62.Restrictions in relation to internet connection records

      2. 63.Additional restrictions on grant of authorisations under section 61

      3. 64.Procedure for authorisations and authorised notices

      4. 65.Duration and cancellation of authorisations and notices

      5. 66.Duties of telecommunications operators in relation to authorisations

    4. Filtering arrangements for obtaining data

      1. 67.Filtering arrangements for obtaining data

      2. 68.Use of filtering arrangements in pursuance of an authorisation

      3. 69.Duties in connection with operation of filtering arrangements

    5. Relevant public authorities other than local authorities

      1. 70.Relevant public authorities and designated senior officers etc.

      2. 71.Power to modify section 70 and Schedule 4

      3. 72.Certain regulations under section 71: supplementary

    6. Local authorities

      1. 73.Local authorities as relevant public authorities

      2. 74.Requirement to be party to collaboration agreement

      3. 75.Judicial approval for local authority authorisations

    7. Additional protections

      1. 76.Use of a single point of contact

      2. 77.Commissioner approval for authorisations to identify or confirm journalistic sources

    8. Collaboration agreements

      1. 78.Collaboration agreements

      2. 79.Collaboration agreements: supplementary

      3. 80.Police collaboration agreements

    9. Further and supplementary provision

      1. 81.Lawfulness of conduct authorised by this Part

      2. 82.Offence of making unauthorised disclosure

      3. 83.Certain transfer and agency arrangements with public authorities

      4. 84.Application of Part 3 to postal operators and postal services

      5. 85.Extra-territorial application of Part 3

      6. 86.Part 3: interpretation

  5. Part 4 Retention of communications data

    1. General

      1. 87.Powers to require retention of certain data

    2. Safeguards

      1. 88.Matters to be taken into account before giving retention notices

      2. 89.Approval of retention notices by Judicial Commissioners

      3. 90.Review by the Secretary of State

      4. 91.Approval of notices following review under section 90

      5. 92.Data integrity and security

      6. 93.Disclosure of retained data

    3. Variation or revocation of notices

      1. 94.Variation or revocation of notices

    4. Enforcement

      1. 95.Enforcement of notices and certain other requirements and restrictions

    5. Further and supplementary provision

      1. 96.Application of Part 4 to postal operators and postal services

      2. 97.Extra-territorial application of Part 4

      3. 98.Part 4: interpretation

  6. Part 5 Equipment interference

    1. Warrants under this Part

      1. 99.Warrants under this Part: general

      2. 100.Meaning of “equipment data”

      3. 101.Subject-matter of warrants

    2. Power to issue warrants

      1. 102.Power to issue warrants to intelligence services: the Secretary of State

      2. 103.Power to issue warrants to intelligence services: the Scottish Ministers

      3. 104.Power to issue warrants to the Chief of Defence Intelligence

      4. 105.Decision to issue warrants under sections 102 to 104 to be taken personally by Ministers

      5. 106.Power to issue warrants to law enforcement officers

      6. 107.Restriction on issue of warrants to certain law enforcement officers

    3. Approval of warrants by Judicial Commissioners

      1. 108.Approval of warrants by Judicial Commissioners

      2. 109.Approval of warrants issued in urgent cases

      3. 110.Failure to approve warrant issued in urgent case

    4. Additional safeguards

      1. 111.Members of Parliament etc.

      2. 112.Items subject to legal privilege

      3. 113.Confidential journalistic material

      4. 114.Sources of journalistic information

    5. Further provision about warrants

      1. 115.Requirements that must be met by warrants

      2. 116.Duration of warrants

      3. 117.Renewal of warrants

      4. 118.Modification of warrants issued by the Secretary of State or Scottish Ministers

      5. 119.Persons who may make modifications under section 118

      6. 120.Further provision about modifications under section 118

      7. 121.Notification of modifications

      8. 122.Approval of modifications under section 118 made in urgent cases

      9. 123.Modification of warrants issued by law enforcement chiefs

      10. 124.Approval of modifications under section 123 in urgent cases

      11. 125.Cancellation of warrants

    6. Implementation of warrants

      1. 126.Implementation of warrants

      2. 127.Service of warrants

      3. 128.Duty of telecommunications operators to assist with implementation

    7. Supplementary provision

      1. 129.Safeguards relating to retention and disclosure of material

      2. 130.Safeguards relating to disclosure of material overseas

      3. 131.Additional safeguards for items subject to legal privilege

      4. 132.Duty not to make unauthorised disclosures

      5. 133.Section 132: meaning of “excepted disclosure”

      6. 134.Offence of making unauthorised disclosure

      7. 135.Part 5: interpretation

  7. Part 6 Bulk warrants

    1. CHAPTER 1 Bulk interception warrants

      1. Bulk interception warrants

        1. 136.Bulk interception warrants

        2. 137.Obtaining secondary data

        3. 138.Power to issue bulk interception warrants

        4. 139.Additional requirements in respect of warrants affecting overseas operators

        5. 140.Approval of warrants by Judicial Commissioners

        6. 141.Decisions to issue warrants to be taken personally by Secretary of State

        7. 142.Requirements that must be met by warrants

      2. Duration, modification and cancellation of warrants

        1. 143.Duration of warrants

        2. 144.Renewal of warrants

        3. 145.Modification of warrants

        4. 146.Approval of major modifications by Judicial Commissioners

        5. 147.Approval of major modifications made in urgent cases

        6. 148.Cancellation of warrants

      3. Implementation of warrants

        1. 149.Implementation of warrants

      4. Restrictions on use or disclosure of material obtained under warrants etc.

        1. 150.Safeguards relating to retention and disclosure of material

        2. 151.Safeguards relating to disclosure of material overseas

        3. 152.Safeguards relating to examination of material

        4. 153.Additional safeguards for items subject to legal privilege

        5. 154.Additional safeguard for confidential journalistic material

        6. 155.Offence of breaching safeguards relating to examination of material

        7. 156.Application of other restrictions in relation to warrants

      5. Interpretation

        1. 157.Chapter 1: interpretation

    2. CHAPTER 2 Bulk acquisition warrants

      1. Bulk acquisition warrants

        1. 158.Power to issue bulk acquisition warrants

        2. 159.Approval of warrants by Judicial Commissioners

        3. 160.Decisions to issue warrants to be taken personally by Secretary of State

        4. 161.Requirements that must be met by warrants

      2. Duration, modification and cancellation of warrants

        1. 162.Duration of warrants

        2. 163.Renewal of warrants

        3. 164.Modification of warrants

        4. 165.Approval of major modifications by Judicial Commissioners

        5. 166.Approval of major modifications made in urgent cases

        6. 167.Cancellation of warrants

      3. Implementation of warrants

        1. 168.Implementation of warrants

        2. 169.Service of warrants

        3. 170.Duty of operators to assist with implementation

      4. Restrictions on use or disclosure of data obtained under warrants etc.

        1. 171.Safeguards relating to the retention and disclosure of data

        2. 172.Safeguards relating to examination of data

        3. 173.Offence of breaching safeguards relating to examination of data

      5. Supplementary provision

        1. 174.Offence of making unauthorised disclosure

        2. 175.Chapter 2: interpretation

    3. CHAPTER 3 Bulk equipment interference warrants

      1. Bulk equipment interference warrants

        1. 176.Bulk equipment interference warrants: general

        2. 177.Meaning of “equipment data”

        3. 178.Power to issue bulk equipment interference warrants

        4. 179.Approval of warrants by Judicial Commissioners

        5. 180.Approval of warrants issued in urgent cases

        6. 181.Failure to approve warrant issued in urgent case

        7. 182.Decisions to issue warrants to be taken personally by Secretary of State

        8. 183.Requirements that must be met by warrants

      2. Duration, modification and cancellation of warrants

        1. 184.Duration of warrants

        2. 185.Renewal of warrants

        3. 186.Modification of warrants

        4. 187.Approval of major modifications by Judicial Commissioners

        5. 188.Approval of major modifications made in urgent cases

        6. 189.Cancellation of warrants

      3. Implementation of warrants

        1. 190.Implementation of warrants

      4. Restrictions on use or disclosure of material obtained under warrants etc.

        1. 191.Safeguards relating to retention and disclosure of material

        2. 192.Safeguards relating to disclosure of material overseas

        3. 193.Safeguards relating to examination of material etc.

        4. 194.Additional safeguards for items subject to legal privilege

        5. 195.Additional safeguard for confidential journalistic material

        6. 196.Offence of breaching safeguards relating to examination of material

        7. 197.Application of other restrictions in relation to warrants

      5. Interpretation

        1. 198.Chapter 3: interpretation

  8. Part 7 Bulk personal dataset warrants

    1. Bulk personal datasets: interpretation

      1. 199.Bulk personal datasets: interpretation

    2. Requirement for warrant

      1. 200.Requirement for authorisation by warrant: general

      2. 201.Exceptions to section 200(1) and (2)

      3. 202.Restriction on use of class BPD warrants

      4. 203.Meaning of “protected data”

    3. Issue of warrants

      1. 204.Class BPD warrants

      2. 205.Specific BPD warrants

      3. 206.Additional safeguards for health records

      4. 207.Protected data: power to impose conditions

      5. 208.Approval of warrants by Judicial Commissioners

      6. 209.Approval of specific BPD warrants issued in urgent cases

      7. 210.Failure to approve specific BPD warrant issued in urgent case

      8. 211.Decisions to issue warrants to be taken personally by Secretary of State

      9. 212.Requirements that must be met by warrants

    4. Duration, modification and cancellation

      1. 213.Duration of warrants

      2. 214.Renewal of warrants

      3. 215.Modification of warrants

      4. 216.Approval of major modifications by Judicial Commissioners

      5. 217.Approval of major modifications made in urgent cases

      6. 218.Cancellation of warrants

      7. 219.Non-renewal or cancellation of BPD warrants

    5. Further and supplementary provision

      1. 220.Initial examinations: time limits

      2. 221.Safeguards relating to examination of bulk personal datasets

      3. 222.Additional safeguards for items subject to legal privilege: examination

      4. 223.Additional safeguards for items subject to legal privilege: retention following examination

      5. 224.Offence of breaching safeguards relating to examination of material

      6. 225.Application of Part to bulk personal datasets obtained under this Act

      7. 226.Part 7: interpretation

  9. Part 8 Oversight arrangements

    1. CHAPTER 1 Investigatory Powers Commissioner and other Judicial Commissioners

      1. The Commissioners

        1. 227.Investigatory Powers Commissioner and other Judicial Commissioners

        2. 228.Terms and conditions of appointment

      2. Main functions of Commissioners

        1. 229.Main oversight functions

        2. 230.Additional directed oversight functions

        3. 231.Error reporting

        4. 232.Additional functions under this Part

        5. 233.Functions under other Parts and other enactments

      3. Reports and investigation and information powers

        1. 234.Annual and other reports

        2. 235.Investigation and information powers

        3. 236.Referrals by the Intelligence and Security Committee of Parliament

        4. 237.Information gateway

      4. Supplementary provision

        1. 238.Funding, staff and facilities etc.

        2. 239.Power to modify functions

        3. 240.Abolition of existing oversight bodies

    2. CHAPTER 2 Other arrangements

      1. Codes of practice

        1. 241.Codes of practice

      2. Investigatory Powers Tribunal

        1. 242.Right of appeal from Tribunal

        2. 243.Functions of Tribunal in relation to this Act etc.

      3. Information Commissioner

        1. 244.Oversight by Information Commissioner in relation to Part 4

      4. Advisory bodies

        1. 245.Technical Advisory Board

        2. 246.Technology Advisory Panel

        3. 247.Members of the Panel

  10. Part 9 Miscellaneous and general provisions

    1. CHAPTER 1 Miscellaneous

      1. Combined warrants and authorisations

        1. 248.Combination of warrants and authorisations

      2. Compliance with Act

        1. 249.Payments towards certain compliance costs

        2. 250.Power to develop compliance systems etc.

      3. Additional powers

        1. 251.Amendments of the Intelligence Services Act 1994

        2. 252.National security notices

        3. 253.Technical capability notices

        4. 254.Approval of notices by Judicial Commissioners

        5. 255.Further provision about notices under section 252 or 253

        6. 256.Variation and revocation of notices

        7. 257.Review of notices by the Secretary of State

        8. 258.Approval of notices following review under section 257

      4. Wireless telegraphy

        1. 259.Amendments of the Wireless Telegraphy Act 2006

    2. CHAPTER 2 General

      1. Review of operation of Act

        1. 260.Review of operation of Act

      2. Interpretation

        1. 261.Telecommunications definitions

        2. 262.Postal definitions

        3. 263.General definitions

        4. 264.General definitions: “journalistic material” etc.

        5. 265.Index of defined expressions

      3. Supplementary provision

        1. 266.Offences by bodies corporate etc.

        2. 267.Regulations

        3. 268.Enhanced affirmative procedure

        4. 269.Financial provisions

        5. 270.Transitional, transitory or saving provision

        6. 271.Minor and consequential provision

      4. Final provision

        1. 272.Commencement, extent and short title

  11. SCHEDULES

    1. SCHEDULE 1

      Monetary penalty notices

      1. Part 1 Monetary penalty notices

        1. Payment of monetary penalties

          1. 1.(1) A monetary penalty imposed by a monetary penalty notice...

        2. Contents of monetary penalty notices

          1. 2.A monetary penalty notice must, in particular—

        3. Enforcement obligations

          1. 3.(1) The Commissioner may include an enforcement obligation, or enforcement...

        4. Consultation requirements before service of monetary penalty notices

          1. 4.(1) The Commissioner must proceed in accordance with sub-paragraphs (2)...

          2. 5.(1) The Commissioner may not vary a notice of intent...

          3. 6.(1) The Commissioner must not serve a monetary penalty notice...

        5. Variation or cancellation of monetary penalty notices

          1. 7.(1) The Commissioner may vary or cancel a monetary penalty...

        6. Appeals in relation to monetary penalty notices

          1. 8.(1) A person on whom a monetary penalty notice is...

        7. Enforcement of monetary penalty notices

          1. 9.(1) This paragraph applies in relation to any penalty payable...

          2. 10.(1) A person on whom a monetary penalty notice containing...

        8. Guidance

          1. 11.(1) The Commissioner must prepare and issue guidance on how...

        9. Interpretation of Part 1

          1. 12.In this Part of this Schedule— “address” means— in the...

      2. Part 2 Information provisions

        1. Information notices

          1. 13.(1) The Commissioner may by notice (an “information notice”) request...

          2. 14.(1) The Commissioner may not vary an information notice except...

        2. Appeals in relation to information notices

          1. 15.(1) A person on whom an information notice is served...

        3. Enforcement of information notices

          1. 16.(1) The Commissioner may serve a Part 2 monetary penalty...

          2. 17.(1) Part 1 of this Schedule applies in relation to...

        4. Technical assistance for the Commissioner

          1. 18.(1) OFCOM must comply with any reasonable request made by...

        5. Interpretation of Part 2

          1. 19.In this Part of this Schedule— “the Commissioner” means the...

    2. SCHEDULE 2

      Abolition of disclosure powers

      1. Health and Safety at Work etc. Act 1974

        1. 1.In section 20 of the Health and Safety at Work...

      2. Criminal Justice Act 1987

        1. 2.In section 2 of the Criminal Justice Act 1987 (investigation...

      3. Consumer Protection Act 1987

        1. 3.In section 29 of the Consumer Protection Act 1987 (powers...

      4. Environmental Protection Act 1990

        1. 4.In section 71 of the Environmental Protection Act 1990 (obtaining...

      5. Social Security Administration Act 1992

        1. 5.In section 109B of the Social Security Administration Act 1992...

        2. 6.In section 109C of the Social Security Administration Act 1992...

      6. Social Security Administration (Northern Ireland) Act 1992

        1. 7.In section 103B of the Social Security Administration (Northern Ireland)...

        2. 8.In section 103C of the Social Security Administration (Northern Ireland)...

      7. Financial Services and Markets Act 2000

        1. 9.In section 175 of the Financial Services and Markets Act...

      8. Finance Act 2008

        1. 10.In Schedule 36 to the Finance Act 2008 (information and...

      9. Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014 (S.I. 2014/899)

        1. 11.In regulation 4 of the Prevention of Social Housing Fraud...

    3. SCHEDULE 3

      Exceptions to section 56

      1. Introductory

        1. 1.This Schedule contains— (a) exceptions to the exclusion by section...

      2. Disclosures of lawfully intercepted communications

        1. 2.(1) Section 56(1)(a) does not prohibit the disclosure of any...

      3. Disclosures of convictions for certain offences

        1. 3.Section 56(1)(b) does not prohibit the doing of anything that...

      4. Proceedings before the Investigatory Powers Tribunal etc.

        1. 4.Section 56(1) does not apply in relation to—

      5. Proceedings before Special Immigration Appeals Commission

        1. 5.(1) Section 56(1) does not apply in relation to—

      6. Proceedings before Proscribed Organisations Appeal Commission

        1. 6.(1) Section 56(1) does not apply in relation to—

      7. Closed material proceedings

        1. 7.(1) Section 56(1) does not apply in relation to any...

      8. TPIM proceedings

        1. 8.(1) Section 56(1) does not apply in relation to—

      9. TEO proceedings

        1. 9.(1) Section 56(1) does not apply in relation to—

      10. Sanctions proceedings

        1. 9A.(1) Section 56(1) does not apply in relation to any...

      11. Proceedings relating to freezing of terrorist assets etc.

        1. 10.(1) Section 56(1) does not apply in relation to—

        2. 11.Section 56(1) does not apply in relation to any proceedings—...

        3. 12.But neither paragraph 10 nor paragraph 11 permits the disclosure...

      12. Proceedings relating to release of prisoners etc. in Northern Ireland

        1. 13.(1) Section 56(1) does not apply in relation to—

      13. Employment or industrial tribunal proceedings

        1. 14.(1) Section 56(1) does not apply in relation to any...

        2. 15.But paragraph 14 does not permit the disclosure of anything...

      14. Proceedings relating to dismissal for certain offences

        1. 16.Section 56(1) does not prohibit anything done in, for the...

      15. Proceedings on appeals relating to claims of discrimination in Northern Ireland

        1. 17.(1) Section 56(1) does not apply in relation to any...

        2. 18.But paragraph 17 does not permit the disclosure of anything...

      16. Civil proceedings for enforcement of duty to assist with implementation of warrants

        1. 19.Section 56(1) does not apply in relation to any civil...

      17. Proceedings for certain offences

        1. 20.(1) Section 56(1) does not apply in relation to any...

      18. Disclosures to prosecutors and judges

        1. 21.(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

      19. Disclosures to inquiries and inquests

        1. 22.(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

        2. 23.(1) Section 56(1) does not apply in relation to any...

        3. 24.(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

    4. SCHEDULE 4

      Relevant public authorities and designated senior officers etc.

      1. Part 1 Table of authorities and officers etc.

      2. Part 2 Interpretation of table

        1. 1.In the table in Part 1 of this Schedule— “ambulance...

    5. SCHEDULE 5

      Transfer and agency arrangements with public authorities: further provisions

      1. Particular safeguards in connection with operation of section 69

        1. 1.(1) The following provisions apply where the functions of the...

      2. Requirement for public authority to provide reports to Secretary of State

        1. 2.(1) A public authority, when exercising functions by virtue of...

      3. Transfer schemes in connection with transfer of functions

        1. 3.(1) The Secretary of State may, in connection with regulations...

      4. Tax in connection with transfer schemes

        1. 4.(1) The Treasury may by regulations make provision varying the...

      5. Supplementary and other general provision

        1. 5.The power to make regulations under section 83(1) includes, in...

        2. 6.The power to make regulations under— (a) section 83, or...

    6. SCHEDULE 6

      Issue of warrants under section 106 etc: table

      1. Part 1 Table: Part 1

      2. Part 2 Table: Part 2

      3. Part 3 Interpretation of the table

        1. 1.(1) This paragraph applies for the purposes of the first...

        2. 2.(1) This paragraph applies for the purposes of the sixth...

        3. 3.For the purpose of the sixth entry in Part 2...

        4. 4.In this Schedule, “police force” means— (a) any police force...

    7. SCHEDULE 7

      Codes of practice

      1. Scope of codes

        1. 1.(1) The Secretary of State must issue one or more...

        2. 2.(1) Each code must include— (a) provision designed to protect...

        3. 3.(1) A code about the exercise of functions conferred by...

      2. Procedural requirements

        1. 4.(1) Before issuing a code the Secretary of State must—...

      3. Revision of codes

        1. 5.(1) The Secretary of State may from time to time...

      4. Effect of codes

        1. 6.(1) A person must have regard to a code when...

    8. SCHEDULE 8

      Combination of warrants and authorisations

      1. Part 1 Combinations with targeted interception warrants

        1. Warrants that may be issued by Secretary of State

          1. 1.The Secretary of State may, on an application made by...

          2. 2.The Secretary of State may, on an application made by...

          3. 3.(1) The Secretary of State may, on an application made...

        2. Warrants that may be issued by Scottish Ministers

          1. 4.The Scottish Ministers may, on an application made by or...

          2. 5.The Scottish Ministers may, on an application made by or...

          3. 6.The Scottish Ministers may, on an application made by or...

          4. 7.(1) The Scottish Ministers may, on an application made by...

      2. Part 2 Other combinations involving targeted equipment interference warrants

        1. Warrants that may be issued by Secretary of State

          1. 8.The Secretary of State may, on an application made by...

          2. 9.The Secretary of State may, on an application made by...

        2. Warrants that may be issued by Scottish Ministers

          1. 10.The Scottish Ministers may, on an application made by or...

        3. Warrants that may be issued by other persons

          1. 11.(1) A law enforcement chief may, on an application made...

          2. 12.(1) A law enforcement chief within sub-paragraph (2) may, on...

      3. Part 3 Combinations involving targeted examination warrants only

        1. 13.The Secretary of State may, on an application made by...

        2. 14.The Scottish Ministers may, on an application made by or...

      4. Part 4 Combined warrants: supplementary provision

        1. Introductory

          1. 15.In this Part of this Schedule “combined warrant” means a...

        2. General

          1. 16.(1) Where Part 1, 2 or 3 of this Schedule...

          2. 17.(1) A combined warrant must be addressed to the person...

          3. 18.A combined warrant must contain a provision stating which warrants...

          4. 19.Any reference in any enactment to a warrant or other...

        3. Rules about issue etc. applying separately in relation to each part of a combined warrant

          1. 20.(1) The law about the following matters, so far as...

        4. Rules about issue etc. applying in relation to combined warrants

          1. 21.(1) A combined warrant under Part 1 of this Schedule...

          2. 22.(1) A combined warrant under Part 2 of this Schedule...

          3. 23.(1) A combined warrant under Part 3 of this Schedule...

          4. 24.(1) In consequence of paragraphs 21 and 22, the following...

          5. 25.In consequence of paragraphs 21 and 22, the following provisions...

          6. 26.In consequence of paragraphs 21 and 22, the following provisions...

        5. Modification of rules as to duration

          1. 27.(1) Where a combined warrant includes warrants or authorisations which...

        6. Special rules about the application of this Act to combined warrants

          1. 28.(1) This paragraph applies where under section 24(3) a Judicial...

          2. 29.Where under section 109(3) a Judicial Commissioner refuses to approve...

          3. 30.(1) This paragraph applies to any provision in Part 2...

          4. 31.Any reference in section 56 (exclusion of matters from legal...

          5. 32.(1) The reference in section 58(7) to the provisions of...

        7. Power to make consequential amendments

          1. 33.(1) The Secretary of State may by regulations make such...

    9. SCHEDULE 9

      Transitional, transitory and saving provision

      1. Lawful interception of communications

        1. 1.Any agreement which, immediately before the day on which section...

      2. Authorisations for obtaining communications data

        1. 2.The reference to the Gangmasters and Labour Abuse Authority in...

      3. Retention of communications data

        1. 3.(1) A retention notice under section 1 of the Data...

        2. 4.(1) Sub-paragraph (2) applies if any power to give, vary...

        3. 5.(1) The repeal of section 1(7) of the Data Retention...

      4. Definitions of “other relevant crime” and “serious crime”

        1. 6.(1) The definitions of— (a) “serious crime” in section 86(2A),...

      5. Savings for particular purposes

        1. 7.Nothing in this Act affects any power conferred on a...

        2. 8.Nothing in Part 4 of this Act prevents the retention...

        3. 9.The amendments made to the Regulation of Investigatory Powers Act...

      6. General saving for lawful conduct

        1. 10.Nothing in any of the provisions of this Act by...

    10. SCHEDULE 10

      Minor and consequential provision

      1. Part 1 General amendments

        1. Police Act 1997

          1. 1.In section 93(1A) of the Police Act 1997 (authorisations to...

        2. Northern Ireland Act 1998

          1. 2.In paragraph 9(1) of Schedule 3 to the Northern Ireland...

        3. Regulation of Investigatory Powers Act 2000

          1. 3.The Regulation of Investigatory Powers Act 2000 is amended as...

          2. 4.In section 27(4)(a) (lawful surveillance etc: conduct to be dealt...

          3. 5.(1) Section 71 (issue and revision of codes of practice)...

          4. 6.(1) Section 81(1) (general definitions) is amended as follows.

        4. Political Parties, Elections and Referendums Act 2000

          1. 7.In paragraph 28(4) of Schedule 19C to the Political Parties,...

        5. Public Finance and Accountability (Scotland) Act 2000 (2000 asp 1)

          1. 8.(1) The Public Finance and Accountability (Scotland) Act 2000 is...

        6. Social Security Fraud Act 2001

          1. 9.In section 4(1)(b) of the Social Security Fraud Act 2001...

        7. Social Security Fraud Act (Northern Ireland) 2001

          1. 10.In section 4(1)(b) of the Social Security Fraud Act (Northern...

        8. Justice (Northern Ireland) Act 2002

          1. 11.In section 5A(3)(b) of the Justice (Northern Ireland) Act 2002...

        9. Proceeds of Crime Act 2002

          1. 12.(1) The Proceeds of Crime Act 2002 is amended as...

        10. Police Reform Act 2002

          1. 13.In paragraph 19ZA(2)(c) of Schedule 3 to the Police Reform...

        11. Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426)

          1. 14.After regulation 5A(8) of the Privacy and Electronic Communications (EC...

        12. Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I. 5))

          1. 15.In Article 4C(3)(b) of the Audit and Accountability (Northern Ireland)...

        13. Public Audit (Wales) Act 2004

          1. 16.In section 64C(3)(b) of the Public Audit (Wales) Act 2004...

        14. Constitutional Reform Act 2005

          1. 17.In section 107(3)(b) of the Constitutional Reform Act 2005 (disclosure...

        15. Commissioners for Revenue and Customs Act 2005

          1. 18.In section 22(b) of the Commissioners for Revenue and Customs...

        16. Serious Crime Act 2007

          1. 19.(1) The Serious Crime Act 2007 is amended as follows....

        17. Legal Services Act 2007

          1. 20.In section 169(3)(b) of the Legal Services Act 2007 (disclosure...

        18. Regulatory Enforcement and Sanctions Act 2008

          1. 21.In section 70(4) of the Regulatory Enforcement and Sanctions Act...

        19. Counter-Terrorism Act 2008

          1. 22.In section 20(2)(b) of the Counter-Terrorism Act 2008 (disclosure and...

        20. Borders, Citizenship and Immigration Act 2009

          1. 23.In section 19(1)(b) of the Borders, Citizenship and Immigration Act...

        21. Marine and Coastal Access Act 2009

          1. 24.(1) The Marine and Coastal Access Act 2009 is amended...

        22. Terrorist Asset-Freezing etc. Act 2010

          1. 25.In section 25(2)(b) of the Terrorist Asset-Freezing etc. Act 2010...

        23. Marine (Scotland) Act 2010 (2010 asp 5)

          1. 26.In paragraph 12(5) of Schedule 2 to the Marine (Scotland)...

        24. Charities Act 2011

          1. 27.In section 59(b) of the Charities Act 2011 (disclosure: supplementary)...

        25. Prisons (Interference with Wireless Telegraphy) Act 2012

          1. 28.In section 4(6) of the Prisons (Interference with Wireless Telegraphy)...

        26. Crime and Courts Act 2013

          1. 29.In paragraph 1(b) of Schedule 7 to the Crime and...

        27. Marine Act (Northern Ireland) 2013 (c. 10 (N.I.))

          1. 30.In paragraph 8(5) of Schedule 2 to the Marine Act...

        28. Local Audit and Accountability Act 2014

          1. 31.In paragraph 3(3)(b) of Schedule 9 to the Local Audit...

        29. Anti-social Behaviour, Crime and Policing Act 2014

          1. 32.In paragraph 7(4)(b) of Schedule 4 to the Anti-social Behaviour,...

        30. Immigration Act 2014

          1. 33.In paragraph 6(b) of Schedule 6 to the Immigration Act...

        31. Data Retention and Investigatory Powers Act 2014

          1. 34.Omit sections 4(1), 7 and 8 of the Data Retention...

        32. Immigration Act 2016

          1. 35.In section 7(2)(b) of the Immigration Act 2016 (information gateways:...

      2. Part 2 Lawful interception of communications

        1. Security Service Act 1989

          1. 36.In section 1(5) of the Security Service Act 1989 (meaning...

        2. Official Secrets Act 1989

          1. 37.In section 4(3) of the Official Secrets Act 1989 (crime...

        3. Intelligence Services Act 1994

          1. 38.In section 11(1A) of the Intelligence Services Act 1994 (meaning...

        4. Criminal Procedure and Investigations Act 1996

          1. 39.(1) The Criminal Procedure and Investigations Act 1996 is amended...

        5. Police Act 1997

          1. 40.In section 133A of the Police Act 1997 (meaning of...

        6. Scotland Act 1998

          1. 41.In Section B8 of Part 2 of Schedule 5 to...

        7. Northern Ireland Act 1998

          1. 42.In paragraph 17 of Schedule 2 to the Northern Ireland...

        8. Financial Services and Markets Act 2000

          1. 43.In section 394(7)(a) of the Financial Services and Markets Act...

        9. Regulation of Investigatory Powers Act 2000

          1. 44.The Regulation of Investigatory Powers Act 2000 is amended as...

          2. 45.Omit Chapter 1 of Part 1 (interception of communications).

          3. 46.(1) Section 49 (investigation of electronic data protected by encryption...

          4. 47.In section 71 (issue and revision of codes of practice)...

          5. 48.In section 78(3)(a) (affirmative orders) omit “12(10), 13(3),”.

          6. 49.(1) Section 81 (general interpretation) is amended as follows.

          7. 50.In section 82 (amendments, repeals and savings etc.) omit subsections...

        10. Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13)

          1. 51.In section 159 of the Criminal Justice and Licensing (Scotland)...

        11. Justice and Security Act 2013

          1. 52.In section 6(4)(b) of the Justice and Security Act 2013...

      3. Part 3 Acquisition of communications data

        1. Regulation of Investigatory Powers Act 2000

          1. 53.The Regulation of Investigatory Powers Act 2000 is amended as...

          2. 54.Omit Chapter 2 of Part 1 (acquisition and disclosure of...

          3. 55.In section 49(1)(c) (investigation of electronic data protected by encryption...

          4. 56.In section 71(2) (issue and revision of codes of practice)...

          5. 57.(1) Section 77A (procedure for order of sheriff under section...

          6. 58.(1) Section 77B (procedure for order of district judge under...

          7. 59.In section 78(3)(a) (affirmative orders) omit “22(9), 23A(6), 25(5),”.

          8. 60.In section 81(9) (general interpretation: certain references relating to Northern...

        2. Police Reform Act 2002

          1. 61.(1) Paragraph 19ZA of Schedule 3 to the Police Reform...

      4. Part 4 Retention of communications data

        1. Anti-terrorism, Crime and Security Act 2001

          1. 62.Omit Part 11 of the Anti-terrorism, Crime and Security Act...

        2. Data Retention and Investigatory Powers Act 2014

          1. 63.Omit sections 1 and 2 of the Data Retention and...

      5. Part 5 Equipment interference

        1. Regulation of Investigatory Powers Act 2000

          1. 64.The Regulation of Investigatory Powers Act 2000 is amended as...

          2. 65.In section 48 (interpretation of Part 2), in subsection (3)(c)—...

          3. 66.(1) Paragraph 2 of Schedule 2 (persons having the appropriate...

        2. Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

          1. 67.The Regulation of Investigatory Powers (Scotland) Act 2000 is amended...

          2. 68.In section 5(3) (lawful surveillance etc.), after paragraph (a) (and...

          3. 69.In section 24(2) (issue and revision of codes of practice),...

        3. Crime and Courts Act 2013

          1. 70.(1) In Schedule 1 to the Crime and Courts Act...

      6. Part 6 Judicial Commissioners

        1. Police Act 1997

          1. 71.The Police Act 1997 is amended as follows.

          2. 72.In section 103(8) (appeals) for “the period” substitute “ any...

          3. 73.In section 105(1)(b)(iii) (reports of appeals dismissed) omit “under section...

          4. 74.In section 108(1) (interpretation of Part 3) after the definition...

        2. Regulation of Investigatory Powers Act 2000

          1. 75.The Regulation of Investigatory Powers Act 2000 is amended as...

          2. 76.In section 37(9)(a) (appeals against decisions of ordinary Surveillance Commissioners)...

          3. 77.In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—

          4. 78.Omit section 40 (information to be provided to Surveillance Commissioners)....

          5. 79.In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief...

          6. 80.(1) Section 64 (delegation of Commissioners' functions) is amended as...

          7. 81.In section 71(2) (issue and revision of codes of practice)...

          8. 82.(1) Section 72 (effect of codes of practice) is amended...

          9. 83.(1) Section 81(1) (general definitions) is amended as follows.

        3. Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

          1. 84.The Regulation of Investigatory Powers (Scotland) Act 2000 is amended...

          2. 85.In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance”...

          3. 86.In section 2(10) (restrictions on appeals against Commissioners)—

          4. 87.In the heading of section 16 for “Surveillance Commissioners” substitute...

          5. 88.Omit section 18 (information to be provided to Surveillance Commissioners)....

          6. 89.In the cross-heading before section 21 (Chief Surveillance Commissioner) for...

          7. 90.Omit section 21 (functions of Chief Surveillance Commissioner).

          8. 91.(1) Section 22 (co-operation with, and reports by, Chief Surveillance...

          9. 92.In section 24(2) (issue and revision of codes of practice)...

          10. 93.In section 26(4) (effect of codes of practice)—

          11. 94.(1) Section 31(1) (interpretation) is amended as follows.

        4. Terrorism Prevention and Investigation Measures Act 2011

          1. 95.In section 21(3)(b) of the Terrorism Prevention and Investigation Measures...

        5. Protection of Freedoms Act 2012

          1. 96.The Protection of Freedoms Act 2012 is amended as follows....

          2. 97.(1) Section 29 (code of practice for surveillance camera systems)...

          3. 98.In section 33(8)(d) (duty to consult before making an order...

      7. Part 7 Other minor and consequential provision

        1. Telecommunications Act 1984

          1. 99.Omit section 94 of the Telecommunications Act 1984 (directions in...

        2. Northern Ireland Act 1998

          1. 100.In paragraph 17 of Schedule 2 to the Northern Ireland...

        3. Communications Act 2003

          1. 101.(1) The Communications Act 2003 is amended as follows.

      8. Part 8 Repeals and revocations consequential on other repeals or amendments in this Act

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