Investigatory Powers Act 2016

72 Certain regulations under section 71: supplementary U.K.

(1) This section applies to regulations under section 71 other than regulations which do only one or both of the following—

(a) remove a public authority from the list in column 1 of the table in Schedule 4 [F1 (in relation to one or more of the authorisations mentioned in section 71(2A)] and make consequential modifications,

(b) modify [F2 column 3] of the table in a way that does not involve replacing an office, rank or position specified in that column in relation to a particular public authority with a lower office, rank or position in relation to the same authority.

(2) Before making regulations to which this section applies, the Secretary of State must consult—

(a) the Investigatory Powers Commissioner, and

(b) the public authority to which the modifications relate.

(3) A statutory instrument containing regulations to which this section applies may not be made except in accordance with the enhanced affirmative procedure.

Textual Amendments

F1 Words in s. 72(1)(a) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 12(a) (see S.I. 2019/174, reg. 2(c))

F2 Words in s. 72(1)(b) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 12(b) (see S.I. 2019/174, reg. 2(c))

Commencement Information

I1 S. 72 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)