The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020

Statutory Instruments

2020 No. 661

Investigatory Powers

The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020

Made

29th June 2020

Laid before Parliament

1st July 2020

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 71(1) of the Investigatory Powers Act 2016(1), makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020 and come into force on the 21st day after the day on which they are laid.

Amendment of Schedule 4 to the Investigatory Powers Act 2016

2.—(1) The table in Part 1 of Schedule 4 to the Investigatory Powers Act 2016 (relevant public authorities and designated senior officers etc.)(2) is amended as follows.

(2) Omit the entries for a fire and rescue authority under the Fire and Rescue Services Act 2004(3) and the Northern Ireland Fire and Rescue Service Board.

(3) In the entry for the Department for Work and Pensions, in column 3, for “Fraud and Error Services” substitute “the Counter Fraud, Compliance and Debt Directorate”.

James Brokenshire

Minister of State

Home Office

29th June 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedule 4 to the Investigatory Powers Act 2016 (c. 25). That Schedule sets out the public authorities, other than local authorities, who may exercise powers under Part 3 of that Act to obtain communications data, the statutory purposes for which the communications data may be obtained, the type of communications data which may be obtained, and the designated senior officers within those authorities who may authorise the obtaining of communications data internally in an urgent case.

Regulation 2 amends Schedule 4 so that fire and rescue authorities under the Fire and Rescue Services Act 2004 (c. 21) and the Northern Ireland Fire and Rescue Service Board may no longer obtain communications data.

An amendment is also made to the description of the minimum office, rank or position which must be held by a designated senior officer within the Department for Work and Pensions to reflect an organisational change. This amendment does not replace the minimum office, rank or position in relation to the Department for Work and Pensions with a lower office, rank or position.

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

(1)

2016 c. 25. Section 71(2) was amended, and section 71(2A) was inserted, by S.I. 2018/1123.

(2)

The table in Part 1 of Schedule 4 was substituted by S.I. 2018/1123.

(3)

2004 c. 21.