SCHEDULES

SCHEDULE 10Minor and consequential provision

Part 2Lawful interception of communications

Regulation of Investigatory Powers Act 2000

44

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

I145

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

46

1

Section 49 (investigation of electronic data protected by encryption etc: powers under which data obtained) is amended as follows.

2

In subsection (1)(b) after “communications” insert “ or obtain secondary data from communications ”.

3

After subsection (9) insert—

9A

In subsection (1)(b) the reference to obtaining secondary data from communications is to be read in accordance with section 16 of the Investigatory Powers Act 2016.

47

In section 71 (issue and revision of codes of practice) omit subsection (10).

I248

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

49

1

Section 81 (general interpretation) is amended as follows.

2

In subsection (1)—

a

in the definition of “criminal”, omit “or prosecution”, and

b

in the definition of “interception warrant”, for “a warrant under section 5” substitute

—

a

a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

b

a bulk interception warrant under Chapter 1 of Part 6 of that Act

3

In subsection (4) omit the words from “; and references” to the end.

4

In subsection (5) omit the words from “, except that” to the end.

50

In section 82 (amendments, repeals and savings etc.) omit subsections (4) to (6).