The Investigatory Powers Act 2016 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018

Transitional provision regarding technical capability notices

6.—(1) Until section 19(1) of the 2016 comes into force for all purposes—

(a) section 253(3) of the 2016 Act has effect as if in the definition of “relevant authorisation”, before paragraph (a) there were inserted—

“(za) any warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000,”, and

(b) section 255(11) of the 2016 Act has effect as if before paragraph (a) there were inserted—

“(za) a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;”.

(2) Until section 102(1) of the 2016 Act comes into force for all purposes, section 253(3) of the 2016 Act has effect as if in the definition of “relevant authorisation”—

(a) in paragraph (a) “or” were omitted, and

(b) after paragraph (a) there were inserted—

“(aa) any warrant issued under section 5 of the Intelligence Services Act 1994(1), to extent that the warrant authorises conduct to which the prohibition in section 13(1) would apply were that section in force, or”.

(1)

1994 c. 13. Section 5 was amended by section 2 of the Intelligence Services Act 1996 (c. 35) and section 74(1) and (2) of the Regulation of Investigatory Powers Act 2000.