The Investigatory Powers Act 2016 (Commencement No. 12) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force almost all of the remaining provisions in the Investigatory Powers Act 2016 (“the 2016 Act”). In particular, these Regulations bring into force section 12 and Schedule 2 which remove from various public authorities their powers to obtain communications data outside of the 2016 Act without the consent of the telecommunications operator or the postal operator holding the communications data. These Regulations also bring into force paragraph 54 of Schedule 10 which repeals Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”). These Regulations bring into force various other provisions in Schedule 10 to the 2016 Act which make changes consequential to the removal of these powers to obtain communications data.

These Regulations also bring into force amendments in section 243(1)(a) of the 2016 Act to section 65 of the 2000 Act which relate to the scope of the powers of the Investigatory Powers Tribunal (“the IPT”) to investigate complaints relating to the conduct that may be permitted or required under Part 3 of the 2016 Act. Section 243(1)(h) is also brought into force with the effect that section 65 of the 2000 Act is amended to bring complaints about the giving, or purported giving, of a notice under section 49 of the 2000 Act (notices requiring disclosure) within the scope of the IPT.