2018 No. 682

Investigatory Powers

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.

Annotations:
Marginal Citations

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.

Annotations:
Marginal Citations
M2

2000 c. 23; there are amendments to Part 1 not relevant to these Regulations.

Designation of a relevant international agreementF15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) M3 after the words “to which the” insert “ postal operator or ”.

Ben Wallace Minister of State Home Office

SCHEDULE 1Consequential amendments to secondary legislation

Regulation 2

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) M4, 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) M5 at the end insert “ or under a warrant under Part 5 of the Investigatory Powers Act 2016 ”.

Annotations:
Marginal Citations
M5

S. R. 1999 No. 454; amended by S. R. 2003 No. 145. There are other amending instruments but none is relevant.

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 M6, 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 M7, 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) M8 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 ”.

Annotations:
Marginal Citations
M8

S.I. 2007/1098, to which there are amendments not relevant to these Regulations.

Tribunal Procedure (Upper Tribunal) Rules 20086

In paragraph 7(2) of Schedule 3 to the Tribunal Procedure (Upper Tribunal) Rules 2008 (exceptions to disclosure) M9 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 M10 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) M11 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) M12 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 ”.

Annotations:
Marginal Citations
M12

S.I. 2010/2956, to which there are amendments not relevant to these Regulations.

Libya (Financial Sanctions) Order 201110

In paragraph 6(2)(b) of the Schedule to the Libya (Financial Sanctions) Order 2011 (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 ”.

Annotations:
Marginal Citations
M13

S.I. 2011/548, to which there are amendments not relevant to these Regulations.

Egypt (Asset-Freezing) Regulations 201111

In paragraph 6(2)(b) of the Schedule to the Egypt (Asset-Freezing) Regulations 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 ”.

Annotations:
Marginal Citations
M14

S.I. 2011/887, to which there are amendments not relevant to these Regulations.

Tunisia (Asset-Freezing) Regulations 201112

In paragraph 6(2)(b) of the Schedule to the Tunisia (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 ”.

Annotations:
Marginal Citations
M15

S.I. 2011/888, to which there are amendments not relevant to these Regulations.

Iran (Asset-Freezing) Regulations 201113

In paragraph 6(2)(b) of the Schedule to the Iran (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 ”.

Annotations:
Marginal Citations
M16

S.I. 2011/1129, to which there are amendments not relevant to these Regulations.

Afghanistan (Asset-Freezing) Regulations 201114

In paragraph 6(2)(b) of the Schedule to the Afghanistan (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 ”.

Annotations:
Marginal Citations
M17

S.I. 2011/1893, to which there are amendments not relevant to these Regulations.

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) 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 ”.

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) 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 ”.

Annotations:
Marginal Citations
M19

S.I. 2012/129, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M20

S.I. 2012/1301, to which there are amendments not relevant to these Regulations.

Iraq (Asset-Freezing) Regulations 201218

In paragraph 6(2)(b) of Schedule 1 to the Iraq (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 ”.

Annotations:
Marginal Citations
M21

S.I. 2012/1489, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M22

S.I. 2012/1508, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M23

S.I. 2012/1511, to which there are amendments not relevant to these Regulations.

Eritrea (Asset-Freezing) Regulations 201221

In paragraph 6(2)(b) of the Schedule to the Eritrea (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 ”.

Annotations:
Marginal Citations
M24

S.I. 2012/1515, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M25

S.I. 2012/1517, to which there are amendments not relevant to these Regulations.

Belarus (Asset-Freezing) Regulations 201323

In paragraph 6(2)(b) of the Schedule to the Belarus (Asset-Freezing) Regulations 2013 (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 ”.

Annotations:
Marginal Citations
M26

S.I. 2013/164, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M27

S.I. 2014/507, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M28

S.I. 2014/587, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M29

S.I. 2014/693, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M30

S.I. 2014/1826, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M31

S.I. 2014/2054, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M32

S.I. 2014/3349, to which there are amendments not relevant to these Regulations.

Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 201530

1

The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015 M33 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 ”.

Annotations:
Marginal Citations
M33

S.I. 2015/431, to which there are amendments not relevant to these Regulations.

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) M34 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) 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 ”.

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) 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 ”.

Annotations:
Marginal Citations
M36

S.I. 2015/1361, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M37

S.I. 2015/1740, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M38

S.I. 2016/36, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M39

S.I. 2016/45, to which there are amendments not relevant to these Regulations.

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) 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 ”.

Annotations:
Marginal Citations
M40

S.I. 2017/218 to which there are amendments not relevant to these Regulations.

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) 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 ”.

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) 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 ”.

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) 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 ”.

SCHEDULE 2Revocations of secondary legislation

Regulation 3

Independent Police Complaints Commission (Investigatory Powers) Order 20041

In article 3 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004 (modifications to RIPA) M44, 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) M45, 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) M46, omit paragraph 140 (amendment of section 40 of RIPA).

Annotations:
Marginal Citations
M46

S.I. 2014/892, to which there are amendments not relevant to these Regulations.

(This note is not part of the Regulations)

Schedule 1 to these Regulations makes amendments to secondary legislation in consequence of the coming into force of the Investigatory Powers Act 2016 (c. 25).

Schedule 2 to these Regulations revokes provisions in secondary legislation that amended provisions of the Regulation of Investigatory Powers Act 2016 (c. 23) that have been repealed by that Act.

Regulation 5 designates the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union as an international agreement for the purposes of section 52 of the Investigatory Powers Act 2016. Section 52 provides that a telecommunications operator may intercept communications in response to a request by the authorities of another country or territory, where certain conditions are met. One of the conditions is that the request is made in accordance with an international agreement designated for that purpose by the Secretary of State.

The amendment made by regulation 6 corrects an error in S.I. 2018/349.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.