Investigatory Powers Bill (HC Bill 143)

transferee or, where the transferee is the Secretary of State,
the individual’s terms of employment with the civil service,

(c) for the transfer of rights and liabilities of the Crown or another public
authority under or in connection with the individual’s terms of
5employment.

(9) In this paragraph—

• “civil service” means the civil service of the State,

• “TUPE regulations” means the Transfer of Undertakings (Protection of
  Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246),

10and references to the transfer of property include the grant of a lease.

Tax in connection with transfer schemes

4 (1) The Treasury may by regulations make provision varying the way in which a
relevant tax has effect in relation to—

(a) anything transferred under a transfer scheme, or

(b) 15anything done for the purposes of, or in relation to, a transfer under a
transfer scheme.

(2) The provision which may be made under sub-paragraph (1)(a) includes, in
particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to
20anything transferred,

(b) anything transferred to be treated in a specified way for the purposes of a tax
provision,

(c) the Secretary of State to be required or permitted to determine, or specify the
method for determining, anything which needs to be determined for the
25purposes of any tax provision so far as relating to anything transferred.

(3) The provision which may be made under sub-paragraph (1)(b) includes, in
particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to
anything done for the purposes of, or in relation to, the transfer,

(b) 30anything done for the purposes of, or in relation to, the transfer to have or
not have a specified consequence or be treated in a specified way,

(c) the Secretary of State to be required or permitted to determine, or specify the
method for determining, anything which needs to be determined for the
purposes of any tax provision so far as relating to anything done for the
35purposes of, or in relation to, the transfer.

(4) In this paragraph—

• “relevant tax” means income tax, corporation tax, capital gains tax, stamp
  duty, stamp duty reserve tax or stamp duty land tax,

• “tax provision” means any provision—

  (a)

  40about a relevant tax, and

  (b)

  made by an enactment,

• “transfer scheme” means a transfer scheme under paragraph 3,

and references to the transfer of property include the grant of a lease.

Supplementary and other general provision

5 The power to make regulations under section 74(1) includes, in particular,
power to—

(a) modify any enactment about a public authority for the purpose of
5enabling or otherwise facilitating any function under sections 58 to
60 to be exercisable by the public authority,

(b) impose requirements or confer other functions on a public authority
in connection with functions transferred by the regulations.

6 The power to make regulations under—

(a) 10section 74, or

(b) paragraph 4 above,

including that power as extended (whether by section 228(1) or otherwise)
may, in particular, be exercised by modifying any enactment (including this
Act).

Section 96

15SCHEDULE 6 Issue of warrants under section 96 etc: table

Part 1 Table: Part 1

15Part 2 Table: Part 2

Part 3 Interpretation of the table

1 (1) 15This paragraph applies for the purposes of the first three entries in Part 1 of
the table.

(2) A police force (police force 1) is a collaborative force in relation to another
police force (police force 2) if—

(a) the chief officers of both police forces are parties to the same
20agreement under section 22A of the Police Act 1996, and

(b) the members of police force 1 are permitted by the terms of the
agreement to make applications under section 96 to the chief officer
of police force 2.

(3) A National Crime Agency officer is included in a collaboration agreement
25with a police force if—

(a) the Director General of the National Crime Agency and the chief
officer of the police force are parties to the same agreement under
section 22A of the Police Act 1996, and

(b) the National Crime Agency officer is permitted by the terms of the
30agreement to make applications under section 96 to the chief officer
of the police force.

2 (1) This paragraph applies for the purposes of the sixth entry in Part 1 of the
table (which relates to the National Crime Agency).

(2) A police force is a collaborative police force in relation to the National Crime
35Agency if—

(a) the chief officer of the police force and the Director General of the
National Crime Agency are parties to the same agreement under
section 22A of the Police Act 1996, and

(b) the members of the police force are permitted by the terms of the
40agreement to make applications under section 96 to the Director
General of the National Crime Agency.

3 In this Schedule, “police force” means—

(a) any police force maintained under section 2 of the Police Act 1996;

(b) the metropolitan police force;

(c) 45the City of London police force.

Section 207

SCHEDULE 7 Codes of practice

Scope of codes

1 (1) The Secretary of State must issue one or more codes of practice about the
5exercise of functions conferred by virtue of this Act.

(2) Sub-paragraph (1) does not apply in relation to—

(a) any functions conferred by virtue of this Act on—

(i) the Investigatory Powers Commissioner or any other Judicial
Commissioner,

(ii) 10the Information Commissioner,

(iii) the Investigatory Powers Tribunal,

(iv) any other court or tribunal, or

(v) the Technical Advisory Board,

(b) any function to make subordinate legislation which is conferred by
15virtue of this Act on the Secretary of State or the Treasury.

(3) A code may, in particular, contain provision about the training of people
who may exercise functions in relation to which sub-paragraph (1) applies.

2 (1) Each code must include—

(a) provision designed to protect the public interest in the
20confidentiality of sources of journalistic information, and

(b) provision about particular considerations applicable to any data
which relates to a member of a profession which routinely holds
items subject to legal privilege or relevant confidential information.

(2) In this paragraph—

• 25“relevant confidential information” means information which is held in
  confidence by a member of a profession and consists of—

  (a)

  personal records or journalistic material which are (or would
  be if held in England and Wales) excluded material as
  defined by section 11 of the Police and Criminal Evidence Act
  301984, or

  (b)

  communications between Members of Parliament and their
  constituents,

and the references in this paragraph to a member of a profession include
references to any person acting in the course of any trade, business,
35profession or other occupation or for the purposes of any paid or unpaid
office.

3 (1) A code about the exercise of functions conferred by virtue of Part 3 must
contain provision about communications data held by public authorities by
virtue of that Part.

(2) 40Such provision must, in particular, include provision about—

(a) why, how and where the data is held,

(b) who may access the data on behalf of the authority,

(c) to whom, and under what conditions, the data may be disclosed,

(d) the processing of the data for purposes otherwise than in connection
45with the purposes for which it was obtained or retained,

(e) the processing of the data together with other data,

(f) the processes for determining how long the data should be held and
for the destruction of the data.

Procedural requirements

4 (1) 5Before issuing a code the Secretary of State must—

(a) prepare and publish a draft of the code, and

(b) consider any representations made about it,

and may modify the draft.

(2) The Secretary of State must, in particular, consult the Investigatory Powers
10Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.

(3) A code comes into force in accordance with regulations made by the
Secretary of State.

(4) A statutory instrument containing such regulations may not be made unless
15a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(5) When a draft instrument is laid, the code to which it relates must also be laid.

(6) No draft instrument may be laid until the consultation required by sub-
paragraphs (1) and (2) has taken place.

20Revision of codes

5 (1) The Secretary of State may from time to time revise the whole or part of a
code.

(2) Before issuing any revision of a code the Secretary of State must—

(a) prepare and publish a draft, and

(b) 25consider any representations made about it,

and may modify the draft.

(3) The Secretary of State must, in particular, consult the Investigatory Powers
Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.

(4) 30A revision of a code comes into force in accordance with regulations made
by the Secretary of State.

(5) A statutory instrument containing such regulations must be laid before
Parliament if the regulations have been made without a draft having been
laid before, and approved by a resolution of, each House of Parliament.

(6) 35When an instrument or draft instrument is laid, the revision of a code to
which it relates must also be laid.

(7) No instrument or draft instrument may be laid until the consultation
required by sub-paragraphs (2) and (3) has taken place.

Effect of codes

6 (1) 40A person must have regard to a code when exercising any functions to which
the code relates.

(2) A failure on the part of a person to comply with any provision of a code does
not of itself make that person liable to criminal or civil proceedings.

(3) A code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a person
5to have regard to a code in determining a question in any such proceedings.

(5) A supervisory authority exercising functions by virtue of this Act may take
into account a failure by a person to have regard to a code in determining a
question which arises in connection with the exercise of those functions.

(6) In this paragraph “supervisory authority” means—

(a) 10the Investigatory Powers Commissioner or any other Judicial
Commissioner,

(b) the Information Commissioner, or

(c) the Investigatory Powers Tribunal.

Section 212

SCHEDULE 8 15Combination of warrants and authorisations

Part 1 Combinations with targeted interception warrants

Warrants that may be issued by Secretary of State

1 The Secretary of State may, on an application made by or on behalf of the
20head of an intelligence service, issue a warrant that combines a targeted
interception warrant which the Secretary of State has power to issue under
section 17(1) with one or more of the following—

(a) a targeted examination warrant which the Secretary of State has
power to issue under section 17(2);

(b) 25a targeted equipment interference warrant which the Secretary of
State has power to issue under section 91(1);

(c) a targeted examination warrant which the Secretary of State has
power to issue under section 91(3);

(d) a warrant which the Secretary of State has power to issue under
30section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy);

(e) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(f) an authorisation under section 32 of that Act (authorisation of
35intrusive surveillance).

2 The Secretary of State may, on an application made by or on behalf of the
Chief of Defence Intelligence, issue a warrant that combines a targeted
interception warrant which the Secretary of State has power to issue under
section 17(1) with one or more of the following—

(a) 40a targeted equipment interference warrant which the Secretary of
State has power to issue under section 93;

(b) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(c) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

3 (1) 5The Secretary of State may, on an application made by or on behalf of a
relevant intercepting authority, issue a warrant that combines a targeted
interception warrant which the Secretary of State has power to issue under
section 17(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
10chief has power to issue under section 96;

(b) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(d) 15an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

(2) For the purposes of sub-paragraph (1), each of the following is a “relevant
intercepting authority”—

(a) the Director General of the National Crime Agency;

(b) 20the Commissioner of Police of the Metropolis;

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the chief constable of the Police Service of Scotland;

(e) the Commissioners for Her Majesty’s Revenue and Customs.

Warrants that may be issued by Scottish Ministers

4 25The Scottish Ministers may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines a targeted
interception warrant which the Scottish Ministers have power to issue under
section 19(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have
30power to issue under section 19(2);

(b) a targeted equipment interference warrant which the Scottish
Ministers have power to issue under section 92(1);

(c) a targeted examination warrant which the Scottish Ministers have
power to issue under section 92(2);

(d) 35a warrant which the Scottish Ministers have power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy).

5 The Scottish Ministers may, on an application made by or on behalf of the
chief constable of the Police Service of Scotland, issue a warrant that
40combines a targeted interception warrant which the Scottish Ministers have
power to issue under section 19(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 96;

(b) an authorisation under section 93 of the Police Act 1997
45(authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(d) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

6 The Scottish Ministers may, on an application made by or on behalf of the
chief constable of the Police Service of Scotland, issue a warrant that
5combines a targeted interception warrant which the Scottish Ministers have
power to issue under section 19(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 96;

(b) an authorisation under section 93 of the Police Act 1997
10(authorisations to interfere with property);

(c) an authorisation under section 6 of the Regulation of Investigatory
Powers (Scotland) Act 2000 (2000 asp 112000 asp 11) (authorisation of directed
surveillance);

(d) an authorisation under section 10 of that Act (authorisation of
15intrusive surveillance).

7 (1) The Scottish Ministers may, on an application made by or on behalf of a
relevant intercepting authority, issue a warrant that combines a targeted
interception warrant which the Scottish Ministers have power to issue under
section 19(1) with one or more of the following—

(a) 20a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 96;

(b) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property).

(2) For the purposes of sub-paragraph (1), each of the following is a “relevant
25intercepting authority”—

(a) the Director General of the National Crime Agency;

(b) the Commissioner of Police of the Metropolis;

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the Commissioners for Her Majesty’s Revenue and Customs.

30Part 2 Other combinations involving targeted equipment interference warrants

Warrants that may be issued by Secretary of State

8 The Secretary of State may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines a targeted
35equipment interference warrant which the Secretary of State has power to
issue under section 91(1) with one or more of the following—

(a) a targeted examination warrant which the Secretary of State has
power to issue under section 91(3);

(b) a targeted examination warrant which the Secretary of State has
40power to issue under section 17(2);

(c) a warrant which the Secretary of State has power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy);

(d) an authorisation under section 28 of the Regulation of Investigatory
45Powers Act 2000 (authorisation of directed surveillance);

(e) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).