Investigatory Powers Act 2016

Supplementary provision U.K.

266 Offences by bodies corporate etc. U.K.

(1) This section applies if an offence under this Act is committed by a body corporate or a Scottish partnership.

(2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a senior officer of the body corporate or Scottish partnership, or

(b) a person purporting to act in such a capacity,

the senior officer or person (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) In this section—

• “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,

• “senior officer” means—

  (a)

  in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate, and

  (b)

  in relation to a Scottish partnership, a partner in the partnership.

267 Regulations U.K.

(1) Any power of the Secretary of State or the Treasury to make regulations under this Act—

(a) is exercisable by statutory instrument,

(b) may be exercised so as to make different provision for different purposes or different areas, and

(c) includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(2) See sections 72(3) and 73(6) for the procedure for a statutory instrument containing regulations under section 71 to which section 72 applies or (as the case may be) regulations under section 73(4) to which section 73(5) applies (enhanced affirmative procedure).

(3) A statutory instrument containing regulations under—

(a) section 12(4) or 271(2) which amend or repeal any provision of primary legislation,

(b) section 46(2),

(c) section 52(5),

(d) section 83,

(e) section 90(1),

(f) section 239,

(g) section 240(3),

(h) section 245,

(i) section 253,

(j) section 257(1), or

(k) paragraph 33 of Schedule 8,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument containing—

(a) regulations under section 12(4) or 271(2) to which subsection (3) does not apply,

(b) regulations under section 65(5), or

(c) regulations under paragraph 2(1)(b) of Schedule 5,

is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(5) A statutory instrument containing—

(a) regulations under section 10(3),

(b) regulations under section 52(3),

(c) regulations under section 58(8)(a),

(d) regulations under section 71 to which section 72 does not apply,

(e) regulations under section 73(4) to which section 73(5) does not apply,

(f) regulations under section 133(6)(a), or

(g) regulations under section 255(7),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument containing regulations under paragraph 4 of Schedule 5 is subject to annulment in pursuance of a resolution of the House of Commons.

(7) See paragraphs 4(4) and 5(5) of Schedule 7 for the procedure for a statutory instrument containing regulations about the coming into force of a code of practice under that Schedule or of any revisions to such a code of practice (affirmative procedure or, in the case of the coming into force of revisions, a choice between that procedure and laying before Parliament after being made).

(8) A statutory instrument containing regulations which are subject to a particular parliamentary procedure under this Act may also include regulations which are subject to a different or no parliamentary procedure under this Act (but this subsection does not apply to regulations mentioned in subsection (2), (4), (6) or (7)).

(9) A statutory instrument which, by virtue of subsection (8), contains regulations which are subject to different parliamentary procedures, or one or more parliamentary procedure and no parliamentary procedure, is subject to whichever procedure is the higher procedure; and the order is as follows (the highest first)—

(a) the procedure set out in subsection (3) (the affirmative procedure),

(b) the procedure set out in subsection (5) above (the negative procedure),

(c) no procedure.

(10) Provision is not prevented from being included in regulations made under this Act merely because the provision could have been included in other regulations made under this Act which would have been subject to a different or no parliamentary procedure.

268 Enhanced affirmative procedure U.K.

(1) For the purposes of regulations under section 71 to which section 72 applies and regulations under section 73(4) to which section 73(5) applies, the enhanced affirmative procedure is as follows.

(2) Subsection (3) applies if—

(a) the Secretary of State has consulted under section 72(2) or (as the case may be) 73(5) in relation to making such regulations,

(b) a period of at least 12 weeks, beginning with the day on which any such consultation first began, has elapsed, and

(c) the Secretary of State considers it appropriate to proceed with making such regulations.

(3) The Secretary of State must lay before Parliament—

(a) draft regulations, and

(b) a document which explains the regulations.

(4) The Secretary of State may make regulations in the terms of the draft regulations laid under subsection (3) if, after the end of the 40-day period, the draft regulations are approved by a resolution of each House of Parliament.

(5) But subsections (6) to (9) apply instead of subsection (4) if—

(a) either House of Parliament so resolves within the 30-day period, or

(b) a committee of either House charged with reporting on the draft regulations so recommends within the 30-day period and the House to which the recommendation is made does not by resolution reject the recommendation within that period.

(6) The Secretary of State must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,

made during the 60-day period with regard to the draft regulations.

(7) If after the end of the 60-day period the draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the draft regulations.

(8) If after the end of the 60-day period the Secretary of State wishes to proceed with the draft regulations but with material changes, the Secretary of State may lay before Parliament—

(a) revised draft regulations, and

(b) a statement giving a summary of the changes proposed.

(9) If the revised draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the revised draft regulations.

(10) For the purposes of this section regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to the provisions of the draft, or revised draft, regulations.

(11) References in this section to the “30-day”, “40-day” and “60-day” periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Parliament; and, for this purpose, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.

269 Financial provisions U.K.

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

270 Transitional, transitory or saving provision U.K.

(1) Schedule 9 (which contains transitional, transitory and saving provision including a general saving for lawful conduct) has effect.

(2) The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

Commencement Information

I1 S. 270(2) in force at Royal Assent, see s. 272(2)

I2 S. 270(1) in force at 30.12.2016 for specified purposes by S.I. 2016/1233, reg. 2(p)

I3 S. 270(1) in force at 25.7.2018 for specified purposes by S.I. 2018/873, reg. 2(x)

I4 S. 270(1) in force at 30.8.2018 for specified purposes by S.I. 2018/940, reg. 2(1)(g) (with reg. 2(2))

I5 S. 270(1) in force at 5.2.2019 in so far as not already in force by S.I. 2019/174, reg. 2(k)

271 Minor and consequential provision U.K.

(1) Schedule 10 (which contains minor and consequential provision) has effect.

(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.

(3) The power to make regulations under subsection (2) may, in particular, be exercised by modifying any provision made by or under an enactment.

(4) In subsection (3) “enactment” does not include any primary legislation passed or made after the end of the Session in which this Act is passed.

Commencement Information

I6 S. 271(2)-(4) in force at Royal Assent, see s. 272(2)

I7 S. 271(1) in force at 30.12.2016 for specified purposes by S.I. 2016/1233, reg. 2(q)(r)

I8 S. 271(1) in force at 12.3.2018 for specified purposes by S.I. 2018/341, reg. 2(m)

I9 S. 271(1) in force at 27.6.2018 for specified purposes by S.I. 2018/652, reg. 12(c)

I10 S. 271(1) in force at 8.8.2018 for specified purposes by S.I. 2018/652, reg. 14(b)

I11 S. 271(1) in force at 22.8.2018 for specified purposes by S.I. 2018/873, reg. 3(j)

I12 S. 271(1) in force at 30.8.2018 for specified purposes by S.I. 2018/940, reg. 2(1)(e) (with reg. 2(2))

I13 S. 271(1) in force at 26.9.2018 for specified purposes by S.I. 2018/940, reg. 3(h)

I14 S. 271(1) in force at 1.11.2018 for specified purposes by S.I. 2018/873, reg. 4(e)

I15 S. 271(1) in force at 7.11.2018 for specified purposes by S.I. 2018/940, reg. 4(b)

I16 S. 271(1) in force at 5.12.2018 for specified purposes by S.I. 2018/1246, reg. 3(j)

I17 S. 271(1) in force at 5.2.2019 for specified purposes by S.I. 2019/174, reg. 2(l)

I18 S. 271(1) in force at 22.7.2020 for specified purposes by S.I. 2020/766, reg. 2(c)