Investigatory Powers Bill (HC Bill 143)

9 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
equipment interference warrant which the Secretary of State has power to
issue under section 93 with one or more of the following—

(a) 5an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

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

Warrants that may be issued by Scottish Ministers

10 10The 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
equipment interference warrant which the Scottish Ministers have power to
issue under section 92(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have
15power to issue under section 92(2);

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

(c) a warrant which the Scottish Ministers have power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
20interference with property or wireless telegraphy).

Warrants that may be issued by other persons

11 (1) A law enforcement chief may, on an application made by a person who is an
appropriate law enforcement officer in relation to the chief, issue a warrant
that combines a targeted equipment interference warrant which the law
25enforcement chief has power to issue under section 96 with one or more of
the following—

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

(b) an authorisation under section 28 of the Regulation of Investigatory
30Powers Act 2000 (authorisation of directed surveillance);

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

(2) For the purposes of this paragraph, references to a “law enforcement chief”
and an “appropriate law enforcement officer” are to be read in accordance
35with section 96(4).

12 (1) A law enforcement chief within sub-paragraph (2) may, on an application
made by a person who is an appropriate law enforcement officer in relation
to the chief, issue a warrant that combines a targeted equipment interference
warrant which the law enforcement chief has power to issue under section
4096 with one or more of the following—

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

(b) an authorisation under section 6 of the Regulation of Investigatory
Powers (Scotland) Act 2000 (2000 asp 112000 asp 11) (authorisation of directed
45surveillance);

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

(2) The law enforcement chiefs mentioned in sub-paragraph (1) are—

(a) the chief constable of the Police Service of Scotland, and

(b) the Police Investigations and Review Commissioner.

(3) For the purposes of this paragraph, references to a “law enforcement chief”
5and an “appropriate law enforcement officer” are to be read in accordance
with section 96(4).

Part 3 Combinations involving targeted examination warrants only

13 The Secretary of State may, on an application made by or on behalf of the
10head of an intelligence service, issue a warrant that combines—

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

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

14 15The Scottish Ministers may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines—

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

(b) a targeted examination warrant which the Scottish Ministers have
20power to issue under section 92(2).

Part 4 Combined warrants: supplementary provision

Introductory

15 In this Part of this Schedule “combined warrant” means a warrant issued
25under any of Parts 1 to 3 of this Schedule.

General

16 (1) Where Part 1, 2 or 3 of this Schedule provides for a person to have power, on
an application made by or on behalf of any person (“the applicant”), to issue
a combined warrant that includes any warrant or other authorisation, the
30person may issue a combined warrant containing that warrant or
authorisation, whether or not that person would have power, on an
application made by or on behalf of the applicant, to issue that warrant, or
to give that authorisation, as a single instrument.

(2) Where Part 1, 2 or 3 of this Schedule provides for a person to have power to
35apply for a combined warrant, the person may apply for a combined
warrant containing any warrant or other authorisation that may be included
in it, provided that—

(a) the person could apply for that warrant or authorisation as a single
instrument, or

(b) 40the organisation on whose behalf the person is acting, or another
person who is a member of staff or an officer of the organisation or
who is otherwise acting on its behalf, could apply for that warrant or
authorisation as a single instrument.

17 (1) A combined warrant must be addressed to the person by whom, or on
whose behalf, the application for the combined warrant was made.

(2) Any reference in this Act to the person to whom a warrant is or was
addressed is to be read, in the case of a combined warrant containing such a
5warrant, as a reference to the person to whom the combined warrant is or
was addressed.

18 A combined warrant must contain a provision stating which warrants or
other authorisations are included in the combined warrant.

19 Any reference in any enactment to a warrant or other authorisation of a
10particular description issued or given under any enactment includes, in the
case of a combined warrant containing a warrant or authorisation of that
description, a reference to so much of the combined warrant as consists of
such a warrant or authorisation.

Rules about issue etc. applying separately in relation to each part of a combined warrant

20 (1) 15The law about the following matters, so far as relating to a warrant or other
authorisation that may be included in a combined warrant, applies in
relation to so much of a combined warrant as consists of such a warrant or
authorisation—

(a) any conditions that must be met before such a warrant or
20authorisation may be issued or given;

(b) the grounds on which such a warrant or authorisation may be issued
or given;

(c) the conduct that may be authorised by such a warrant or
authorisation;

(d) 25any requirements as to what must be included in such a warrant or
authorisation;

(e) any conditions that must be met before such a warrant or
authorisation may be renewed and the grounds on which it may be
renewed;

(f) 30any conditions that must be met before such a warrant or
authorisation may be modified;

(g) the grounds on which such a warrant or authorisation may be
modified and the procedural rules that apply to such a modification;

(h) the circumstances in which such a warrant or authorisation may or
35must be cancelled.

(2) In sub-paragraph (1)(g) “procedural rules”, in relation to the modification of
a warrant or other authorisation, means the law about any of the following
matters—

(a) the involvement of Judicial Commissioners in decisions;

(b) 40the delegation of decisions;

(c) the signing of instruments making a modification;

(d) urgent cases.

(3) Sub-paragraph (1) is subject to paragraphs 21 to 26.

Rules about issue etc. applying in relation to combined warrants

21 (1) A combined warrant under Part 1 of this Schedule addressed to any person
may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
5interception warrant addressed to that person (see Chapter 1 of Part 2 of this
Act).

(2) In sub-paragraph (1) “procedural rules”, in relation to a warrant, means the
law about any of the following matters—

(a) the involvement of Judicial Commissioners in decisions;

(b) 10the delegation of decisions;

(c) the signing of warrants;

(d) urgent cases.

(3) But if a combined warrant under paragraph 1 or 4 includes a warrant which
the person issuing the combined warrant has power to issue under section 5
15of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement
(arising from sub-paragraph (1) above) for the involvement of Judicial
Commissioners in the decision whether to issue or renew the combined
warrant does not apply in relation to the part of the combined warrant
consisting of the section 5 warrant.

22 (1) 20A combined warrant under Part 2 of this Schedule addressed to any person
may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
equipment interference warrant addressed to that person (see Part 5 of this
Act).

(2) 25In sub-paragraph (1) “procedural rules” has the same meaning as in
paragraph 21.

(3) But if a combined warrant under paragraph 8 or 10 includes a warrant which
the person issuing the combined warrant has power to issue under section 5
of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement
30(arising from sub-paragraph (1) above) for the involvement of Judicial
Commissioners in the decision whether to issue or renew the combined
warrant does not apply in relation to the part of the combined warrant
consisting of the section 5 warrant.

23 (1) A combined warrant under Part 3 of this Schedule addressed to any person
35may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
examination warrant under section 17(2) addressed to that person (see
Chapter 1 of Part 2 of this Act).

(2) In sub-paragraph (1) “procedural rules” has the same meaning as in
40paragraph 21.

24 (1) In consequence of paragraphs 21 and 22, the following provisions of the
Police Act 1997 do not apply in relation to an authorisation under section 93
of that Act which is included in a combined warrant—

(a) section 96 (notification of authorisations to Judicial Commissioner);

(b) 45section 97 (authorisations requiring approval);

(c) section 103(1), (2) and (4) (power to quash or cancel authorisations);

(d) section 104 (appeals to Investigatory Powers Commissioner).

(2) Section 103(6) of that Act applies where a combined warrant containing an
authorisation under section 93 of that Act is cancelled as it applies where
such an authorisation is cancelled under section 103(4) of that Act.

25 In consequence of paragraphs 21 and 22, the following provisions of the
5Regulation of Investigatory Powers Act 2000 do not apply in relation to an
authorisation under section 32 of that Act which is included in a combined
warrant—

(a) section 35 (notification of authorisations to Judicial Commissioner);

(b) section 36 (approval required for authorisations to take effect);

(c) 10section 37(2) to (4) (power to quash or cancel authorisations);

(d) section 38 (appeals to Investigatory Powers Commissioner).

26 In consequence of paragraphs 21 and 22, the following provisions of the
Regulation of Investigatory Powers (Scotland) Act 2000 do not apply in
relation to an authorisation under section 10 of that Act which is included in
15a combined warrant—

(a) section 13 (notification of authorisations to Judicial Commissioner);

(b) section 14 (approval required for authorisations to take effect);

(c) section 15(1) to (3) (power to quash or cancel authorisations);

(d) section 16 (appeals to Investigatory Powers Commissioner).

20Modification of rules as to duration

27 (1) Where a combined warrant includes warrants or authorisations which (as
single instruments) would cease to have effect at the end of different periods,
the combined warrant is to cease to have effect at the end of the shortest of
the periods (unless renewed).

(2) 25But sub-paragraph (1) does not apply to a combined warrant which—

(a) includes an authorisation under section 28 of the Regulation of
Investigatory Powers Act 2000 (authorisation of directed
surveillance),

(b) is addressed to the head of an intelligence service, and

(c) 30is issued with the approval of a Judicial Commissioner.

(3) In such a case, the combined warrant (unless it is renewed) is to cease to have
effect at the end of the period of 6 months beginning with the day on which
it is issued.

Special rules about the application of this Act to combined warrants

28 (1) 35This paragraph applies where under section 22(3) a Judicial Commissioner
refuses to approve a decision to issue a combined warrant under Part 1 or 3
of this Schedule.

(2) Section 23 has effect in relation to the combined warrant as if—

(a) any reference in subsection (3) of that section to a targeted
40interception warrant or targeted examination warrant were a
reference to so much of the combined warrant as consisted of such a
warrant, and

(b) any other reference in that section to a warrant were a reference to
the combined warrant.

(3) Where the combined warrant included a targeted equipment interference
warrant or targeted examination warrant which the person who issued the
combined warrant has power to issue under Part 5 of this Act, section 99 has
effect in relation to the combined warrant as if—

(a) 5any reference in subsection (3)(b) or (c) of that section to a targeted
equipment interference warrant were a reference to so much of the
combined warrant as consisted of such a warrant,

(b) any reference in subsection (4) of that section to a targeted
examination warrant were a reference to so much of the combined
10warrant as consisted of such a warrant, and

(c) any other reference in that section to a warrant were a reference to
the combined warrant.

29 Where under section 98(3) a Judicial Commissioner refuses to approve the
decision to issue a combined warrant under Part 2 of this Schedule, section
1599 has effect in relation to the combined warrant as if—

(a) any reference in subsection (3)(b) or (c) of that section to a targeted
equipment interference warrant were a reference to so much of the
combined warrant as consisted of such a warrant,

(b) any reference in subsection (4) of that section to a targeted
20examination warrant were a reference to so much of the combined
warrant as consisted of such a warrant, and

(c) any other reference in that section to a warrant were a reference to
the combined warrant.

30 (1) This paragraph applies to any provision in Part 2 or 5 of this Act that enables
25a person to whom a warrant is addressed to require the provision of
assistance in giving effect to the warrant.

(2) In the case of a combined warrant containing such a warrant, the provision
is to be read as enabling the person to whom the combined warrant is
addressed to require the provision of assistance in giving effect to so much
30of the combined warrant as consists of such a warrant.

(3) Accordingly, any power to serve a copy of a warrant for that purpose
includes power, in the case of such a combined warrant, to serve the part of
the combined warrant consisting of such a warrant.

31 Any reference in section 48 (exclusion of matters from legal proceedings) to
35the making of an application for a warrant, or the issue of a warrant, under
Chapter 1 of Part 2 of this Act includes a reference to—

(a) the making of an application for a combined warrant that includes a
warrant under that Chapter, so far as relating to disclosing or
suggesting the inclusion of such a warrant, or

(b) 40the inclusion of a warrant under that Chapter in a combined warrant.

32 (1) The reference in section 50(6) to the provisions of Part 2 of this Act is to be
read, in the case of a combined warrant containing a targeted interception
warrant or targeted examination warrant which the person who issued the
combined warrant has power to issue under that Part, as including a
45reference to this Schedule.

(2) The reference in section 115(4) to the provisions of Part 5 of this Act is to be
read, in the case of a combined warrant containing a targeted equipment
interference warrant or targeted examination warrant which the person who

issued the combined warrant has power to issue under that Part, as
including a reference to this Schedule.

Power to make consequential amendments

33 The Secretary of State may by regulations make such provision modifying
5any provision made by or under an enactment (including this Schedule) as
the Secretary of State considers appropriate in consequence of any provision
made by this Schedule.

Section 231(1)

SCHEDULE 9 Transitional, transitory and saving provision

10Lawful interception of communications

1 Any agreement which, immediately before the day on which section 8 comes
into force, is designated for the purposes of section 1(4) of the Regulation of
Investigatory Powers Act 2000 is to be treated, on and after that day, as
designated as an international mutual assistance agreement by regulations
15under section 8 of this Act.

Authorisations for obtaining communications data

2 The reference to the Gangmasters and Labour Abuse Authority in the table
in Part 1 of Schedule 4 is to be read, in relation to any time before the day on
which section 8(1) of the Immigration Act 2016 (renaming of Gangmasters
20Licensing Authority) comes into force, as a reference to the Gangmasters
Licensing Authority.

Retention of communications data

3 (1) A retention notice under section 1 of the Data Retention and Investigatory
Powers Act 2014 which is in force immediately before the commencement
25day is to be treated, on or after that day, as a retention notice under section
78 of this Act; and Part 4 of this Act is to be read accordingly but as if section
80(1) to (11) were omitted.

(2) In particular—

(a) anything which, immediately before the commencement day, is in
30the process of being done by virtue of, or in relation to, a retention
notice under section 1 of the Act of 2014 may be continued as if being
done by virtue of, or in relation to, a retention notice under section 78
of this Act, and

(b) anything done by virtue of, or in relation to, a retention notice under
35section 1 of the Act of 2014 is, if in force or effective immediately
before the commencement day, to have effect as if done by virtue of,
or in relation to, a retention notice under section 78 of this Act so far
as that is required for continuing its effect on or after the
commencement day.

(3) 40Sub-paragraphs (1) and (2) cease to apply, in relation to any retention notice
under section 1 of the Act of 2014—

(a) at the end of the period of six months beginning with the
commencement day, or

(b) if earlier, on the revocation in full of the notice.

(4) Section 213 applies in relation to costs incurred in complying with a retention notice
5under section 1 of the Act of 2014 which has continued in force on or after the
commencement day as it applies in relation to costs incurred in complying with
retention notices under section 78 of this Act but as if section 213(7) were omitted.

(5) The Secretary of State may revoke (whether wholly or in part) a retention
notice under section 1 of the Act of 2014.

(6) 10The fact that a retention notice under section 1 of the Act of 2014 has, in
relation to a particular description of data and a particular operator (or
description of operators), ceased to have effect or been revoked does not
prevent the giving of a retention notice under section 78 of this Act in
relation to the same description of data and the same operator (or
15description of operators).

(7) In this paragraph “the commencement day” is the day on which section 1(1)
of the Act of 2014 is repealed.

4 (1) The repeal of section 1(7) of the Data Retention and Investigatory Powers
Act 2014 does not affect the continued operation, during the transitional
20period mentioned in sub-paragraph (2), of regulations made under section
1(7) of that Act.

(2) The transitional period mentioned in this sub-paragraph is the period of six
months beginning with the day on which section 1(7) of the Act of 2014 is
repealed.

(3) 25In their continued operation by virtue of sub-paragraph (1), the regulations
made under section 1(7) of the Act of 2014 have effect subject to such
modifications (if any) as may be specified in regulations under section
231(2).

Savings for particular purposes

5 30Nothing in this Act affects any power conferred on a postal operator by or
under any enactment to open, detain or delay any postal packet (within the
meaning given by section 125(1) of the Postal Services Act 2000) or to deliver
any such packet to a person other than the person to whom it is addressed.

6 Nothing in Part 4 of this Act prevents the retention of data for the purposes
35of, or in connection with, legal proceedings (including proceedings which
might arise in the future).

7 The amendments made to the Regulation of Investigatory Powers Act 2000
by sections 3 to 6 of the Data Retention and Investigatory Powers Act 2014
(and those sections) continue to have effect despite section 8(3) of the Act of
402014 (sunset provision for that Act) until the provisions they amend (and
those sections) are repealed by this Act in connection with the coming into
force of provisions of this Act.

General saving for lawful conduct

8 Nothing in any of the provisions of this Act by virtue of which conduct of
45any description is or may be authorised by any warrant, authorisation or

notice, or by virtue of which information may be obtained in any manner, is
to be read—

(a) as making it unlawful to engage in any conduct of that description
which is not otherwise unlawful under this Act and would not be
5unlawful apart from this Act,

(b) as otherwise requiring—

(i) the issue, grant or giving of such a warrant, authorisation or
notice, or

(ii) the taking of any step for or towards obtaining the authority
10of such a warrant, authorisation or notice,

before any such conduct of that description is engaged in, or

(c) as prejudicing any power to obtain information by any means not
involving conduct that may be authorised under this Act.

Section 232(1)

SCHEDULE 10 15Minor and consequential provision

Part 1 General amendments

Police Act 1997

1 In section 93(1A) of the Police Act 1997 (authorisations to interfere with
20property etc.) after “this Part” insert “or the Investigatory Powers Act 2016”.

Northern Ireland Act 1998

2 In paragraph 9(1) of Schedule 3 to the Northern Ireland Act 1998 (reserved
matters) for paragraph (a) substitute—

“(a) the subject-matter of Parts 2 and 3 of the Regulation of
25Investigatory Powers Act 2000, so far as relating to the
prevention or detection of crime (within the meaning of
that Act) or the prevention of disorder;

(aa) the subject-matter of the following provisions of the
Investigatory Powers Act 2016, so far as relating to the
30prevention or detection of serious crime (within the
meaning of that Act)—

(i) sections 2 to 8 and Schedule 1,

(ii) Part 2, and

(iii) Chapter 1 of Part 6;

(ab) 35the subject-matter of section 9, Parts 3 and 4 and Chapter 2
of Part 6 of the Investigatory Powers Act 2016, so far as
relating to the prevention or detection of crime (within the
meaning of that Act) or the prevention of disorder;

(ac) the subject-matter of section 10 of, and Schedule 2 to, the
40Investigatory Powers Act 2016, so far as relating to the
prevention or detection of crime (within the meaning of
that Act);”.

Regulation of Investigatory Powers Act 2000

3 The Regulation of Investigatory Powers Act 2000 is amended as follows.

4 In section 27(4)(a) (lawful surveillance etc: conduct to be dealt with under
other enactments) after “Act” insert “or the Investigatory Powers Act 2016”.

5 (1) 5Section 71 (issue and revision of codes of practice) is amended as follows.

(2) In subsection (2)(a), for “Parts I to III” substitute “Parts 2 and 3”.

(3) Omit subsection (2A).

(4) In subsection (8) for “(2A)” substitute “(3)”.

6 (1) Section 81(1) (general definitions) is amended as follows.

(2) 10For the definition of “apparatus” substitute—

• “““apparatus” has the same meaning as in the Investigatory
  Powers Act 2016 (see section 225(1) of that Act);”.

(3) For the definition of “communication” substitute—

• “““communication” has the same meaning as in the
  15Investigatory Powers Act 2016 (see sections 223(2) and 224(2)
  of that Act);”.

(4) In the definition of “interception” and cognate expressions, for “section 2”
substitute “sections 3 and 4 of the Investigatory Powers Act 2016”.

(5) For the definitions of “postal service” and “public postal service”
20substitute—

• “““postal service” has the same meaning as in the Investigatory
  Powers Act 2016 (see section 224(7) of that Act);”.

(6) Omit the definitions of “private telecommunication system”, “public
telecommunications service” and “public telecommunication system”.

(7) 25In the definitions of “telecommunication system” and “telecommunications
service”, for “the meanings given by section 2(1)” substitute “the same
meanings as in the Investigatory Powers Act 2016 (see section 223(11) to (13)
of that Act)”.

Political Parties, Elections and Referendums Act 2000

7 30In paragraph 28(4) of Schedule 19C to the Political Parties, Elections and
Referendums Act 2000 (civil sanctions: disclosure of information) for
paragraph (b) substitute—

“(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers Act 2016.”

35Public Finance and Accountability (Scotland) Act 2000 (2000 asp 12000 asp 1)

8 (1) The Public Finance and Accountability (Scotland) Act 2000 is amended as
follows.

(2) In section 26B(3) (voluntary disclosure of data to Audit Scotland) for
paragraph (b) substitute—

“(b) 40which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016,”.