2018 No. 682
The Investigatory Powers (Consequential Amendments etc.) Regulations 2018
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 52(3), 58(8)(a) and 271(2) and (3) of the Investigatory Powers Act 2016 M1.
Citation and commencement1
1
These Regulations may be cited as the Investigatory Powers (Consequential Amendments etc.) Regulations 2018.
2
Subject to paragraph (3) these regulations come into force on 27th June 2018.
3
Paragraph 3 of Schedule 1 comes into force on the day that paragraph 45 of Schedule 10 to the Investigatory Powers Act 2016 (repeal of Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000) comes into force for all purposes.
Consequential amendments to secondary legislation2
Schedule 1 (consequential amendments to secondary legislation) has effect.
Revocations of secondary legislation3
Schedule 2 (revocations of secondary legislation) has effect.
Transitional provision4
Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 M2 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, the amendments made by paragraphs 5, 9-29, 30(2) and 31-40 of Schedule 1 to these Regulations have effect as if the reference to any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 included a reference to Part 1 of the Regulation of Investigatory Powers Act 2000.
Designation of a relevant international agreement5
The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union established by Council Act of 29th May 2000 (2000/C197/01) M3 is designated as a relevant international agreement for the purposes of section 52(3) of the Investigatory Powers Act 2016 (interception in accordance with overseas requests).
Amendment to the Investigatory Powers (Disclosure of Statistical Information) Regulations 20186
In regulation 6(2)(b) of the Investigatory Powers (Disclosure of Statistical Information) Regulations 2018 (disclosure relating to a total number of factors) M4 after the words “to which the” insert “
postal operator or
”
.
SCHEDULE 1Consequential amendments to secondary legislation
Road Vehicles (Construction and Use) Regulations 19861
In regulation 60(1F)(b) of the Road Vehicles (Construction and Use) Regulations 1986 (requirements of Community Directive 72/245/EEC shall not apply to electrical/electronic sub-assemblies fitted under certain authorisations) M5, at the end insert “
or under a warrant under Part 5 of the Investigatory Powers Act 2016
”
.
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 19992
In regulation 73(7)(b) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (requirements of Community Directive 72/245/EEC shall not apply to electrical/electronic sub-assemblies fitted under certain authorisations) M6 at the end insert “
or under a warrant under Part 5 of the Investigatory Powers Act 2016
”
.
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 20003
In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 M7, omit paragraphs 2 and 3 (functions under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000).
Misuse of Drugs Regulations 20014
In regulation 2(1) of the Misuse of Drugs Regulations 2001 M8, in the definition of “prison”, for “section 4(9) of the Regulation of Investigatory Powers Act 2000” substitute “
section 49(3) of the Investigatory Powers Act 2016
”
.
Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 20075
In article 3(9)(b) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (disclosure of information) M9 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Tribunal Procedure (Upper Tribunal) Rules 20086
In paragraph 7(2) of Schedule 3 to the Tribunal Procedure (Upper Tribunal) Rules 2008 (exceptions to disclosure) M10 for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “
section 56 of the Investigatory Powers Act 2016
”
.
Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 20097
1
The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 M11 is amended as follows.
2
In article 4(7) (initial duty of Director to disclose) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “
section 56 of the Investigatory Powers Act 2016
”
.
3
In article 13(9) (continuing duty of Director to disclose) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “
section 56 of the Investigatory Powers Act 2016
”
.
4
In article 14(6) (application by accused for disclosure) for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “
section 56 of the Investigatory Powers Act 2016
”
.
Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 20098
In the Schedule to the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009 (code of practice) M12 after paragraph 1(2) insert—
3
Nothing in the Code applies to—
a
material intercepted under the authority of a warrant issued under Part 2 of the Investigatory Powers Act 2016 or any copy, as defined in section 53(10) of that Act, of that material, or
b
material intercepted under the authority of a warrant issued under Chapter 1 of Part 6 of that Act or any copy, as defined in section 150(9) of that Act, of that material.
Somalia (Asset-Freezing) Regulations 20109
In paragraph 6(2)(b) of the Schedule to the Somalia (Asset-Freezing) Regulations 2010 (application of information provisions) M13 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Libya (Financial Sanctions) Order 201110
In paragraph 6(2)(b) of the Schedule to the Libya (Financial Sanctions) Order 2011 (application of information provisions) M14 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Egypt (Asset-Freezing) Regulations 201111
In paragraph 6(2)(b) of the Schedule to the Egypt (Asset-Freezing) Regulations 2011 (application of information provisions) M15 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Tunisia (Asset-Freezing) Regulations 201112
In paragraph 6(2)(b) of the Schedule to the Tunisia (Asset-Freezing) Regulations 2011 (application of information provisions) M16 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Iran (Asset-Freezing) Regulations 201113
In paragraph 6(2)(b) of the Schedule to the Iran (Asset-Freezing) Regulations 2011 (application of information provisions) M17 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Afghanistan (Asset-Freezing) Regulations 201114
In paragraph 6(2)(b) of the Schedule to the Afghanistan (Asset-Freezing) Regulations 2011 (application of information provisions) M18 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 201115
In paragraph 6(2)(b) of Schedule 1 to the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (application of information provisions) M19 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Syria (European Union Financial Sanctions) Regulations 201216
In paragraph 6(2)(b) of the Schedule to the Syria (European Union Financial Sanctions) Regulations 2012 (application of information provisions) M20 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Guinea-Bissau (Asset-Freezing) Regulations 201217
In paragraph 6(2)(b) of the Schedule to the Guinea-Bissau (Asset-Freezing) Regulations 2012 (application of information provisions) M21 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Iraq (Asset-Freezing) Regulations 201218
In paragraph 6(2)(b) of Schedule 1 to the Iraq (Asset-Freezing) Regulations 2012 (application of information provisions) M22 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Republic of Guinea (Asset-Freezing) Regulations 201219
In paragraph 6(2)(b) of the Schedule to the Republic of Guinea (Asset-Freezing) Regulations 2012 (application of information provisions) M23 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Democratic Republic of the Congo (Asset-Freezing) Regulations 201220
In paragraph 6(2)(b) of the Schedule to the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 (application of information provisions) M24 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Eritrea (Asset-Freezing) Regulations 201221
In paragraph 6(2)(b) of the Schedule to the Eritrea (Asset-Freezing) Regulations 2012 (application of information provisions) M25 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Lebanon and Syria (Asset-Freezing) Regulations 201222
In paragraph 6(2)(b) of the Schedule to the Lebanon and Syria (Asset-Freezing) Regulations 2012 (application of information provisions) M26 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Belarus (Asset-Freezing) Regulations 201323
In paragraph 6(2)(b) of the Schedule to the Belarus (Asset-Freezing) Regulations 2013 (application of information provisions) M27 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Ukraine (European Union Financial Sanctions) Regulations 201424
In paragraph 6(2)(b) of the Schedule to the Ukraine (European Union Financial Sanctions) Regulations 2014 (application of information provisions) M28 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Central African Republic (European Union Financial Sanctions) Regulations 201425
In paragraph 6(2)(b) of the Schedule to the Central African Republic (European Union Financial Sanctions) Regulations 2014 (application of information provisions) M29 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Ukraine (European Union Financial Sanctions) (No. 2) Regulations 201426
In paragraph 6(2)(b) of the Schedule to the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014 (application of information provisions) M30 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Sudan (European Union Financial Sanctions) Regulations 201427
In paragraph 6(2)(b) of the Schedule to the Sudan (European Union Financial Sanctions) Regulations 2014 (application of information provisions) M31 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Ukraine (European Union Financial Sanctions) (No. 3) Regulations 201428
In paragraph 6(2)(b) of Schedule to the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014 (application of information provisions) M32 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Yemen (European Union Financial Sanctions) Regulations 201429
In paragraph 6(2)(b) of the Schedule to the Yemen (European Union Financial Sanctions) Regulations 2014 (application of information provisions) M33 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 201530
1
The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015 M34 are amended as follows.
2
In regulation 46(2)(c) (restriction on what may be required by information notice) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
3
In regulation 49(4) (sensitive information: restrictions on further disclosure)—
a
in the definition of “intercept information” for “19(3) of the Regulation of Investigatory Powers Act 2000” substitute “
57(4) of the Investigatory Powers Act 2016
”
;
b
in the definition of “relevant interception warrant” after the words “Act 2000” insert “
or Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016
”
.
Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 201531
In paragraph 2(b) of Schedule 5 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (limitations on powers) M35 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 201532
In paragraph 2(b) of Schedule 5 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (limitations on powers) M36 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
South Sudan (European Union Financial Sanctions) (No. 2) Regulations 201533
In paragraph 6(2)(b) of the Schedule to the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 (application of information provisions) M37 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Burundi (European Union Financial Sanctions) Regulations 201534
In paragraph 6(2)(b) of the Schedule to the Burundi (European Union Financial Sanctions) Regulations 2015 (application of information provisions) M38 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Iran (European Union Financial Sanctions) Regulations 201635
In paragraph 6(2)(b) of the Schedule to the Iran (European Union Financial Sanctions) Regulations 2016 (application of information provisions) M39 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Libya (European Union Financial Sanctions) Regulations 201636
In paragraph 6(2)(b) of the Schedule to the Libya (European Union Financial Sanctions) Regulations 2016 (application of information provisions) M40 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 201737
In paragraph 6(2)(b) of the Schedule to the Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017 (application of information provisions) M41 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Republic of Mali (European Union Financial Sanctions) Regulations 201738
In paragraph 6(2)(b) of the Schedule to the Republic of Mali (European Union Financial Sanctions) Regulations 2017 (application of information provisions) M42 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Venezuela (European Union Financial Sanctions) Regulations 201739
In paragraph 6(2)(b) of the Schedule to the Venezuela (European Union Financial Sanctions) Regulations 2017 (application of information provisions) M43 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
Burma (European Union Financial Sanctions) Regulations 201840
In Paragraph 6(2)(b) of the Schedule to the Burma (European Union Financial Sanctions) Regulations 2018 (application of information provisions) M44 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “
any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016
”
.
SCHEDULE 2Revocations of secondary legislation
Independent Police Complaints Commission (Investigatory Powers) Order 20041
In article 3 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004 (modifications to RIPA) M45, omit paragraph (8) (modification of section 40 of RIPA).
Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 20072
In the Schedule to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (modifications of enactments) M46, omit paragraph 4(13) (modification of section 58 of RIPA).
Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 20143
In Schedule 1 to the Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (transfer of functions of the Office of Fair Trading and the Competition Commission to the Competition and Markets Authority and amendments consequential on Part 3 and 4 of the Act of 2013) M47, omit paragraph 140 (amendment of section 40 of RIPA).
2016 c. 25.