Investigatory Powers Bill (HC Bill 143)

74 (1) Section 72 (effect of codes of practice) is amended as follows.

(2) In subsection (4) for paragraphs (c) to (e) (and the word “or” between
paragraphs (d) and (e)) substitute “, or

(ba) the Investigatory Powers Commissioner or any other Judicial
5Commissioner carrying out functions under this Act, the
Investigatory Powers Act 2016 or the Police Act 1997,”.

(3) Omit subsection (5).

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

(2) Omit the definitions of “Assistant Surveillance Commissioner”, “ordinary
10Surveillance Commissioner”, “Surveillance Commissioner” and “Chief
Surveillance Commissioner”.

(3) After the definition of “interception warrant” insert—

• “““the Investigatory Powers Commissioner” and “Judicial
  Commissioner” have the same meanings as in the
  15Investigatory Powers Act 2016 (see section 225(1) of that
  Act);”.

Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 112000 asp 11)

76 The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as
follows.

77 20In the cross-heading before section 2 (Surveillance Commissioners) for
“Surveillance” substitute “Judicial”.

78 In section 2(10) (restrictions on appeals against Commissioners)—

(a) for “Chief Surveillance Commissioner” substitute “Investigatory
Powers Commissioner”, and

(b) 25for “other Surveillance Commissioner” substitute “other Judicial
Commissioner”.

79 In the heading of section 16 for “Surveillance Commissioners” substitute
“Judicial Commissioners”.

80 Omit section 18 (information to be provided to Surveillance
30Commissioners).

81 In the cross-heading before section 21 (Chief Surveillance Commissioner) for
“Chief Surveillance” substitute “Investigatory Powers”.

82 Omit section 21 (functions of Chief Surveillance Commissioner).

83 (1) Section 22 (co-operation with, and reports by, Chief Surveillance
35Commissioner) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) for “Chief Surveillance Commissioner” substitute
“Investigatory Powers Commissioner”.

(4) In subsection (3)—

(a) 40for “Chief Surveillance Commissioner” substitute “Investigatory
Powers Commissioner”, and

(b) after “under” insert “, and in relation to,”.

84 In section 24(2) (issue and revision of codes of practice) for “the Surveillance
Commissioners appointed under this Act or the Commissioners holding
office under section 91 of that Act” substitute “the Judicial Commissioners”.

85 In section 26(4) (effect of codes of practice)—

(a) 5in paragraph (b) for “Chief Surveillance Commissioner” substitute
“Investigatory Powers Commissioner”, and

(b) in paragraph (c) for “a Surveillance Commissioner” substitute “a
Judicial Commissioner (other than the Investigatory Powers
Commissioner)”.

86 (1) 10Section 31(1) (interpretation) is amended as follows.

(2) After the definitions of “directed” and “intrusive” insert—

• “““the Investigatory Powers Commissioner” and “Judicial
  Commissioner” have the same meanings as in the
  Investigatory Powers Act 2016 (see section 225(1) of that
  15Act);”.

(3) Omit the definitions of “ordinary Surveillance Commissioner”,
“Surveillance Commissioner” and “Chief Surveillance Commissioner”.

Terrorism Prevention and Investigation Measures Act 2011

87 In section 21(3)(b) of the Terrorism Prevention and Investigation Measures
20Act 2011 (duty to consult certain persons before making an order for the
continuation, repeal etc. of TPIM powers) for “the Intelligence Services
Commissioner” substitute “the Investigatory Powers Commissioner”.

Protection of Freedoms Act 2012

88 The Protection of Freedoms Act 2012 is amended as follows.

89 (1) 25Section 29 (code of practice for surveillance camera systems) is amended as
follows.

(2) In subsection (5)(d) (duty to consult certain persons in preparing code) for
“the Chief Surveillance Commissioner” substitute “the Investigatory Powers
Commissioner”.

(3) 30In subsection (7) omit the definition of “the Chief Surveillance
Commissioner”.

90 In section 33(8)(d) (duty to consult before making an order identifying who
must have regard to the code) for “the Chief Surveillance Commissioner”
substitute “the Investigatory Powers Commissioner”.

35Part 7 Other minor and consequential provision

Telecommunications Act 1984

91 Omit section 94 of the Telecommunications Act 1984 (directions in the
interests of national security etc.).

Northern Ireland Act 1998

92 In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted
matters) after “subversion;” insert “the Technical Advisory Board provided
for by section 211 of the Investigatory Powers Act 2016;”.

5Communications Act 2003

93 (1) The Communications Act 2003 is amended as follows.

(2) In section 401(5)(g), for “sections 47 to 49” substitute “section 47 or 48”.

(3) In Schedule 18 (transitional provisions), omit paragraph 24 (which relates to
section 94 of the Telecommunications Act 1984).

10Part 8 Repeals and revocations consequential on other repeals or amendments in
this Act