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Investigatory Powers Act 2016
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Changes to legislation:
Investigatory Powers Act 2016, Part 1 is up to date with all changes known to be in force on or before 17 November 2024. 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.
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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 the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 90(4)-(4B) substituted for s. 90(4) by 2024 c. 9 s. 18(2)(a)
- s. 90(5A) inserted by 2024 c. 9 s. 18(2)(c)
- s. 90(9A)(9B) inserted by 2024 c. 9 s. 18(2)(d)
- s. 90(11A) inserted by 2024 c. 9 s. 18(2)(f)
- s. 90(14)-(16) inserted by 2024 c. 9 s. 18(2)(g)
- s. 257(3)-(3B) substituted for s. 257(3) by 2024 c. 9 s. 18(5)(a)
- s. 257(4A) inserted by 2024 c. 9 s. 18(5)(c)
- s. 257(8A)(8B) inserted by 2024 c. 9 s. 18(5)(d)
- s. 257(10A) inserted by 2024 c. 9 s. 18(5)(f)
- s. 257(13)-(15) inserted by 2024 c. 9 s. 18(5)(g)
- s. 258A 258B inserted by 2024 c. 9 s. 21(2)
- s. 267(3)(ja) inserted by 2024 c. 9 s. 21(3)(b)
Part 1U.K.Table of authorities and officers etc.
Commencement Information
I1Sch. 4 Pt. 1 in force at 5.2.2019 by S.I. 2019/174, reg. 2(m)
Table
[F1(1) Relevant public authority | (2) Paragraphs of section 60A(7) specified | (3) DSO: minimum office, rank or position | (4) Type of communications data that may be obtained by DSO | (5) Paragraphs of section 61(7) specified for DSO | (6) Paragraphs of section 61A(7) specified for DSO |
|---|---|---|---|---|---|
| Police force maintained under section 2 of the Police Act 1996 | 60A(7)(a), (b), (c), (d), (e) and (g) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) | ||
| Metropolitan police force | 60A(7)(a), (b), (c), (d), (e) and (g) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) | ||
| City of London police force | 60A(7)(a), (b), (c), (d), (e) and (g) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) | ||
| Police Service of Scotland | 60A(7)(a), (b), (c), (d), (e) and (g) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) | ||
| Police Service of Northern Ireland | 60A(7)(a), (b), (c), (d), (e) and (g) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) | ||
| British Transport Police Force | 60A(7)(a), (b), (c), (d), (e) and (g) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a), (b), (c) and (e) | ||
| [F2Civil Nuclear Constabulary | 60A(7)(a), (b), (c), and (e) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a) and (c)] | ||
| Ministry of Defence Police | 60A(7)(a), (b), (c), and (e) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| Royal Navy Police | 60A(7)(a), (b), (c), and (e) | Lieutenant Commander | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) |
| Commander | All | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| Royal Military Police | 60A(7)(a), (b), (c), and (e) | Major | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) |
| Lieutenant Colonel | All | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| Royal Air Force Police | 60A(7)(a), (b), (c), and (e) | Squadron Leader | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) |
| Wing Commander | All | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| [F3Tri-service serious crime unit | 60A(7)(a), (b), (c) and (e) | Lieutenant Commander | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) |
| Major | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| Squadron leader | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| Commander | All | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| Lieutenant colonel | All | 61(7)(a) and (c) | 61A(7)(a) and (c) | ||
| Wing commander | All | 61(7)(a) and (c) | 61A(7)(a) and (c)] | ||
| Security Service | 60A(7)(a), (b) and (c) | General Duties 4 or any other level 4 officer | Entity data | [F461(7)(a) and (c)] | [F561A(7)(a)] |
| General Duties 3 or any other level 3 officer | All | [F461(7)(a) and (c)] | [F561A(7)(a)] | ||
| Secret Intelligence Service | 60A(7)(a), (b) and (c) | Grade 6 | All | [F461(7)(a) and (c)] | [F561A(7)(a)] |
| GCHQ | 60A(7)(a), (b) and (c) | GC8 | All | [F461(7)(a) and (c)] | [F561A(7)(a)] |
| Ministry of Defence | 60A(7)(a) and (b) | Member of the Senior Civil Service or equivalent | All | 61(7)(a) | |
| Grade 7 in the Fraud Defence Unit | All | 61A(7)(a) | |||
| [F6Department of Health and Social Care] | 60A(7)(b) and (d) | Grade 7 in the Medicines and Healthcare Products Regulatory Agency | All | 61A(7)(a) and (b) | |
| Grade 7 in the Anti-Fraud Unit | All | 61A(7)(a) | |||
| Home Office | 60A(7)(b), (d) and (g) | Immigration inspector or equivalent with responsibility for investigations or other functions relating to immigration and border security | All | 61A(7)(a) | |
| Immigration inspector or equivalent with responsibility for anti-corruption in relation to investigations or other functions relating to immigration and border security | All | 61A(7)(a) | |||
| Immigration inspector or equivalent with responsibility for asylum fraud investigations | All | 61A(7)(a) | |||
| Immigration inspector or equivalent with responsibility for security and intelligence in the immigration detention estate | All | 61A(7)(a), (b) and (e) | |||
| Ministry of Justice | 60A(7)(b) and (d) | Manager in the [F7Security, Order and Counter-Terrorism Directorate of Her Majesty’s Prison and Probation Service] responsible for intelligence | Entity data | 61A(7)(a) and (b) | |
| Senior manager in the [F7Security, Order and Counter-Terrorism Directorate of Her Majesty’s Prison and Probation Service] responsible for intelligence | All | 61A(7)(a) and (b) | |||
| National Crime Agency | 60A(7)(b), (e) and (g) | Grade 3 | Entity data | 61A(7)(a), (c) and (e) | |
| Grade 2 | All | 61A(7)(a), (c) and (e) | |||
| Her Majesty’s Revenue and Customs | 60A(7)(b) | Higher officer | Entity data | 61A(7)(a) | |
| Senior officer | All | 61A(7)(a) | |||
| Department for Transport | 60A(7)(b), (d) and (e) | Enforcement Officer in Maritime and Coastguard Agency | Entity data | 61A(7)(a) and (b) | |
| Head of Enforcement in Maritime and Coastguard Agency | All | 61A(7)(a) and (b) | |||
| Maritime Operations Commander (Grade 7) in the Maritime and Coastguard Agency | All | 61A(7)(c) | |||
| Principal Inspector in the [F8Air Accidents] Investigation Branch, the Marine Accident Investigation Branch or the Rail Accident Investigation Branch | All | 61A(7)(b) | |||
| Department for Work and Pensions | 60A(7)(b) | Senior Executive Officer in [F9the Counter Fraud, Compliance and Debt Directorate] | All | 61A(7)(a) | |
| Senior Executive Officer in the Child Maintenance Group Central Legal Services | All | 61A(7)(a) | |||
| An ambulance trust in England | 60A(7)(e) | Duty Manager of Ambulance Trust Control Rooms | All | 61A(7)(c) | |
| Common Services Agency for the Scottish Health Service | 60A(7)(b) | Head of Counter Fraud Services | All | 61A(7)(a) | |
| Competition and Markets Authority | 60A(7)(b) | Member of the Senior Civil Service with responsibility for cartels or criminal enforcement | All | 61A(7)(a) | |
| Criminal Cases Review Commission | 60A(7)(f) | Investigations Adviser | All | 61A(7)(d) | |
| Department for Communities in Northern Ireland | 60A(7)(b) | Deputy Principal | All | 61A(7)(a) | |
| Department for the Economy in Northern Ireland | 60A(7)(b) | Deputy chief inspector in trading standards services | All | 61A(7)(a) | |
| Department of Justice in Northern Ireland | 60A(7)(b), (d) and (g) | Governor 4 in the Northern Ireland Prison Service | All | 61A(7)(a), (b) and (e) | |
| [F10Environment Agency | 60A(7)(b) and (d) | Area Management Team Member or equivalent (Grade 7) or Senior Enforcement Technical Advisor or equivalent (Grade 6) | All | 61A(7)(a) and (b)] | |
| Financial Conduct Authority | 60A(7)(b) | Head of department in the Enforcement and Market Oversight Division | All | 61A(7)(a) | |
| F11. . . | F11. . . | F11. . . | F11. . . | F11. . . | |
| Food Standards Agency | 60A(7)(b) | Grade 6 | All | 61A(7)(a) | |
| Food Standards Scotland | 60A(7)(b) | Head of the Scottish Food Crime and Incidents Unit | All | 61A(7)(a) | |
| Gambling Commission | 60A(7)(b) | Senior manager | All | 61A(7)(a) | |
| Gangmasters and Labour Abuse Authority | 60A(7)(b) | Head of operations | All | 61A(7)(a) | |
| Health and Safety Executive | 60A(7)(b) and (d) | Band 1 inspector | All | 61A(7)(a) and (b) | |
| Independent Office for Police Conduct | 60A(7)(b) and (g) | Director or an equivalent grade | All | 61A(7)(a) and (e) | |
| [F12Service Police Complaints Commissioner | 60A(7)(b) and (g) | Senior investigating officer | All | 61A(7)(a) and (e)] | |
| Information Commissioner | 60A(7)(b) | Group manager | Entity data | 61A(7)(a) | |
| [F13Head of department in an investigation or intelligence role] | All | 61A(7)(a) | |||
| [F14Insolvency Service | 60A(7)(b) | Grade 7 in the Investigation and Enforcement Services Directorate – Criminal Investigation Team | All | 61A(7)(a) | |
| [F15Foreign, Commonwealth and Development Office] | 60A(7)(a) | [F16Grade D6 in the UK National Authority for Counter Eavesdropping] | All | 61(7)(a)] | |
| [F17NHS Counter Fraud Authority] | 60A(7)(b) | Senior manager (of pay band 8b) F18... | All | 61A(7)(a) | |
| Northern Ireland Ambulance Service Health and Social Care Trust | 60A(7)(e) | Watch Manager (Control) | All | 61A(7)(c) | |
| F11. . . | F11. . . | F11. . . | F11. . . | F11. . . | |
| Northern Ireland Health and Social Care Regional Business Services Organisation | 60A(7)(b) | Assistant Director Counter Fraud and Probity Services | All | 61A(7)(a) | |
| Office of Communications | 60A(7)(b) | Senior associate | All | 61A(7)(a) | |
| Office of the Police Ombudsman for Northern Ireland | 60A(7)(b) | Senior investigating officer | All | 61A(7)(a) | |
| [F19Pensions Regulator | 60A(7)(b) | Head of Department in an enforcement or intelligence role | All | 61A(7)(a)] | |
| Police Investigations and Review Commissioner | 60A(7)(b) and (g) | Commissioner or Director of Operations | All | 61A(7)(a) and (e) | |
| Scottish Ambulance Service Board | 60A(7)(e) | Watch Manager (Control) | All | 61A(7)(c) | |
| Scottish Criminal Cases Review Commission | 60A(7)(f) | Investigations Adviser | All | 61A(7)(d) | |
| Serious Fraud Office | 60A(7)(b) | Grade 6 | All | 61A(7)(a) | |
| Welsh Ambulance Services National Health Service Trust | 60A(7)(e) | Watch Manager (Control) | All | 61A(7)(c)] |
Textual Amendments
F1Sch. 4 Pt. 1 table substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 26 (see S.I. 2019/174, art. 2(c))
F2Words in Sch. 4 Pt. 1 table inserted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(2)
F3Words in Sch. 4 Pt. 1 Table inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 47; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
F4Words in Sch. 4 Pt. 1 table substituted (1.1.2023) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022 (S.I. 2022/1395), regs. 1(1), 2(2)(a)
F5Word in Sch. 4 Pt. 1 table inserted (1.1.2023) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022 (S.I. 2022/1395), regs. 1(1), 2(2)(b)
F6Words in Sch. 4 Pt. 1 table substituted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(3)
F7Words in Sch. 4 Pt. 1 table substituted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(4)
F8Words in Sch. 4 Pt. 1 table substituted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(5)
F9Words in Sch. 4 Pt. 1 table substituted (22.7.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020 (S.I. 2020/661), regs. 1, 2(3)
F10Words in Sch. 4 Pt. 1 table inserted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(6)
F11Sch. 4 Pt. 1 table entries omitted (22.7.2020) by virtue of The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020 (S.I. 2020/661), regs. 1, 2(2)
F12Words in Sch. 4 Pt. 1 table inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 2(6); S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2
F13Words in Sch. 4 Pt. 1 table substituted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(7)
F14Words in Sch. 4 Pt. 1 table inserted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(8)
F15Words in Sch. 4 Pt. 1 table substituted (1.1.2023) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022 (S.I. 2022/1395), regs. 1(1), 2(3)(a)
F16Words in Sch. 4 Pt. 1 table substituted (1.1.2023) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022 (S.I. 2022/1395), regs. 1(1), 2(3)(b)
F17Words in Sch. 4 Pt. 1 table substituted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(9)(a)
F18Words in Sch. 4 Pt. 1 table omitted (25.9.2020) by virtue of The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(9)(b)
F19Words in Sch. 4 Pt. 1 table inserted (25.9.2020) by The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 (S.I. 2020/1037), regs. 1, 2(10)
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