Investigatory Powers Bill (HC Bill 143)

Investigatory Powers BillPage 50

(4) Subsection (5) applies where an office, rank or position specified in relation to
a relevant public authority in column 2 of the table is specified by reference
to—

(a) a particular branch, agency or other part of the authority, or

(b) 5responsibility for functions of a particular description.

(5) A person is a designated senior officer by virtue of subsection (3)(b) only if the
person—

(a) holds an office, rank or position in that branch, agency or part, or

(b) has responsibility for functions of that description.

(6) 10A person who is a designated senior officer of a relevant public authority by
virtue of subsection (3) and an entry in column 2 of the table may grant an
authorisation—

(a) only for obtaining communications data of the kind specified in the
corresponding entry in column 3 of the table, and

(b) 15only if section 53(1)(a) is met in relation to a purpose within one of the
paragraphs of section 53(7) specified in the corresponding entry in
column 4 of the table.

(7) Where there is more than one entry in relation to a relevant public authority in
column 2 of the table, and a person is a designated senior officer of the
20authority by virtue of subsection (3) as it applies to more than one of those
entries, subsection (6) applies in relation to each entry.

62 Power to modify section 61 and Schedule 4

(1) The Secretary of State may by regulations modify section 61 or Schedule 4.

(2) Regulations under subsection (1) may in particular—

(a) 25add a public authority to, or remove a public authority from, the list in
column 1 of the table,

(b) modify an entry in column 2 of the table,

(c) impose or remove restrictions on the authorisations that may be
granted by a designated senior officer with a specified public authority,

(d) 30impose or remove restrictions on the circumstances in which or
purposes for which such authorisations may be granted by a
designated senior officer.

(3) The power to make regulations under subsection (1) includes power to make
such modifications in any enactment (including this Act) as the Secretary of
35State considers appropriate in consequence of a person becoming, or ceasing to
be, a relevant public authority because of regulations under that subsection.

63 Certain regulations under section 62: supplementary

(1) This section applies to regulations under section 62 other than regulations
which do only one or both of the following—

(a) 40remove a public authority from the list in column 1 of the table in
Schedule 4 and make consequential modifications,

(b) modify column 2 of the table in a way that does not involve replacing
an office, rank or position specified in that column in relation to a
particular public authority with a lower office, rank or position in
45relation to the same authority.

Investigatory Powers BillPage 51

(2) Before making regulations to which this section applies, the Secretary of State
must consult—

(a) the Investigatory Powers Commissioner, and

(b) the public authority to which the modifications relate.

(3) 5A statutory instrument containing regulations to which this section applies
may not be made except in accordance with the enhanced affirmative
procedure.

Local authorities

64 Local authorities as relevant public authorities

(1) 10A local authority is a relevant public authority for the purposes of this Part.

(2) In this Part “designated senior officer”, in relation to a local authority, means
an individual who holds with the authority—

(a) the position of director, head of service or service manager (or
equivalent), or

(b) 15a higher position.

(3) A designated senior officer of a local authority may grant an authorisation for
obtaining communications data only if section 53(1)(a) is met in relation to a
purpose within section 53(7)(b).

(4) The Secretary of State may by regulations amend subsection (2).

(5) 20Before making regulations under subsection (4) which amend subsection (2) so
as to replace an office, rank or position specified in that subsection with a lower
office, rank or position, the Secretary of State must consult—

(a) the Investigatory Powers Commissioner, and

(b) each local authority to which the amendment relates.

(6) 25A statutory instrument containing regulations under subsection (4) to which
subsection (5) applies may not be made except in accordance with the
enhanced affirmative procedure.

(7) Sections 65 and 66 impose further restrictions in relation to the grant of
authorisations by local authorities.

65 30Requirement to be party to collaboration agreement

(1) A designated senior officer of a local authority may not grant an authorisation
unless—

(a) the local authority is a party to a collaboration agreement (whether as a
supplying authority or a subscribing authority or both), and

(b) 35that collaboration agreement is certified by the Secretary of State
(having regard to guidance given by virtue of section 70(6) and (7)) as
being appropriate for the local authority.

(2) A designated senior officer of a local authority may only grant an authorisation
to a person within subsection (3).

(3) 40A person is within this subsection if the person is an officer of a relevant public
authority which is a supplying authority under a collaboration agreement to
which the local authority is a party.

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(4) If a local authority is itself a supplying authority under a collaboration
agreement, the persons within subsection (3) include officers of the local
authority.

(5) In this section “collaboration agreement”, “subscribing authority” and
5“supplying authority” have the same meaning as in section 69.

66 Judicial approval for local authority authorisations

(1) This section applies to an authorisation granted by a designated senior officer
of a local authority other than an authorisation to which section 68 applies.

(2) The authorisation is not to take effect until such time (if any) as the relevant
10judicial authority has made an order under this section approving it.

(3) The local authority may apply to the relevant judicial authority for an order
under this section approving the authorisation.

(4) The local authority is not required to give notice of the application to—

(a) any person to whom the authorisation relates, or

(b) 15that person’s legal representatives.

(5) The relevant judicial authority may approve the authorisation if, and only if,
the relevant judicial authority considers that—

(a) at the time of the grant, there were reasonable grounds for considering
that the requirements of this Part were satisfied in relation to the
20authorisation, and

(b) at the time when the relevant judicial authority is considering the
matter, there are reasonable grounds for considering that the
requirements of this Part would be satisfied if an equivalent new
authorisation were granted at that time.

(6) 25Where, on an application under this section, the relevant judicial authority
refuses to approve the grant of the authorisation, the relevant judicial authority
may make an order quashing the authorisation.

(7) In this section “the relevant judicial authority” means—

(a) in relation to England and Wales, a justice of the peace,

(b) 30in relation to Scotland, a sheriff, and

(c) in relation to Northern Ireland, a district judge (magistrates’ courts) in
Northern Ireland.

(8) See also sections 77A and 77B of the Regulation of Investigatory Powers Act
2000 (procedure for orders under this section of a sheriff in Scotland or a
35district judge (magistrates’ courts) in Northern Ireland).

Additional protections

67 Use of a single point of contact

(1) Before granting an authorisation, the designated senior officer must consult a
person who is acting as a single point of contact in relation to the granting of
40authorisations.

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(2) But, if the designated senior officer considers that there are exceptional
circumstances which mean that subsection (1) should not apply in a particular
case, that subsection does not apply in that case.

(3) Examples of exceptional circumstances include—

(a) 5an imminent threat to life or another emergency, or

(b) the interests of national security.

(4) A person is acting as a single point of contact if that person—

(a) is an officer of a relevant public authority, and

(b) is responsible for advising—

(i) 10officers of the relevant public authority about applying for
authorisations, or

(ii) designated senior officers of the relevant public authority about
granting authorisations.

(5) A person acting as a single point of contact may, in particular, advise an officer
15of a relevant public authority who is considering whether to apply for an
authorisation about—

(a) the most appropriate methods for obtaining data where the data
concerned is processed by more than one telecommunications
operator,

(b) 20the cost, and resource implications, for—

(i) the relevant public authority concerned of obtaining the data,
and

(ii) the telecommunications operator concerned of disclosing the
data,

(c) 25any unintended consequences of the proposed authorisation, and

(d) any issues as to the lawfulness of the proposed authorisation.

(6) A person acting as a single point of contact may, in particular, advise a
designated senior officer who is considering whether to grant an authorisation
about—

(a) 30whether it is reasonably practical to obtain the data sought in
pursuance of the proposed authorisation,

(b) the cost, and resource implications, for—

(i) the relevant public authority concerned of obtaining the data,
and

(ii) 35the telecommunications operator concerned of disclosing the
data,

(c) any unintended consequences of the proposed authorisation, and

(d) any issues as to the lawfulness of the proposed authorisation.

(7) A person acting as a single point of contact may also provide advice about—

(a) 40whether requirements imposed by virtue of an authorisation have been
met,

(b) the use in support of operations or investigations of communications
data obtained in pursuance of an authorisation, and

(c) any other effects of an authorisation.

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68 Commissioner approval for authorisations to identify or confirm journalistic
sources

(1) Subsection (2) applies if—

(a) a designated senior officer has granted an authorisation in relation to
5the obtaining by a relevant public authority of communications data for
the purpose of identifying or confirming a source of journalistic
information, and

(b) the authorisation is not necessary because of an imminent threat to life.

(2) The authorisation is not to take effect until such time (if any) as a Judicial
10Commissioner has made an order under this section approving it.

(3) The relevant public authority for which the authorisation has been granted
may apply to a Judicial Commissioner for an order under this section
approving the authorisation.

(4) The applicant is not required to give notice of the application to—

(a) 15any person to whom the authorisation relates, or

(b) that person’s legal representatives.

(5) A Judicial Commissioner may approve the authorisation if, and only if, the
Judicial Commissioner considers that—

(a) at the time of the grant, there were reasonable grounds for considering
20that the requirements of this Part were satisfied in relation to the
authorisation, and

(b) at the time when the Judicial Commissioner is considering the matter,
there are reasonable grounds for considering that the requirements of
this Part would be satisfied if an equivalent new authorisation were
25granted at that time.

(6) Where, on an application under this section, the Judicial Commissioner refuses
to approve the grant of the authorisation, the Judicial Commissioner may make
an order quashing the authorisation.

(7) In this Act “source of journalistic information” means an individual who
30provides material intending the recipient to use it for the purposes of
journalism or knowing that it is likely to be so used.

Collaboration agreements

69 Collaboration agreements

(1) A collaboration agreement is an agreement (other than a police collaboration
35agreement) under which—

(a) a relevant public authority (“the supplying authority”) puts the services
of designated senior officers of that authority or other officers of that
authority at the disposal of another relevant public authority (“the
subscribing authority”) for the purposes of the subscribing authority’s
40functions under this Part, and

(b) either—

(i) a designated senior officer of the supplying authority is
permitted to grant authorisations to officers of the subscribing
authority,

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(ii) officers of the supplying authority are permitted to be granted
authorisations by a designated senior officer of the subscribing
authority, or

(iii) officers of the supplying authority act as single points of contact
5for officers of the subscribing authority.

(2) The persons by whom, or to whom, authorisations may be granted (or who
may act as single points of contact) under a collaboration agreement are
additional to those persons by whom, or to whom, authorisations would
otherwise be granted under this Part (or who could otherwise act as single
10points of contact).

(3) In a case falling within subsection (1)(b)(i)—

(a) section 53 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were
a reference to an officer of the subscribing authority, and

(ii) 15in subsection (6)(b)(ii) the reference to an officer of the same
relevant public authority as an authorised officer included a
reference to an officer of the supplying authority, and

(b) section 54(3)(c) has effect as if the reference to the relevant public
authority concerned were a reference to both authorities.

(4) 20In a case falling within subsection (1)(b)(ii)—

(a) section 53 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were
a reference to an officer of the supplying authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same
25relevant public authority as an authorised officer included a
reference to an officer of the subscribing authority, and

(b) section 54(3)(c) has effect as if the reference to the relevant public
authority concerned were a reference to both authorities.

(5) In a case falling within subsection (1)(b)(iii), section 67(4)(b) has effect as if the
30references to the relevant public authority were references to the subscribing
authority.

(6) In this section—

  • “force collaboration provision” has the meaning given by paragraph (a) of
    section 22A(2) of the Police Act 1996 but as if the reference in that
    35paragraph to a police force included the National Crime Agency,

  • “police collaboration agreement” means a collaboration agreement under
    section 22A of the Police Act 1996 which contains force collaboration
    provision.

70 Collaboration agreements: supplementary

(1) 40A collaboration agreement may provide for payments to be made between
parties to the agreement.

(2) A collaboration agreement—

(a) must be in writing,

(b) may be varied by a subsequent collaboration agreement, and

(c) 45may be brought to an end by agreement between the parties to it.

(3) A person who makes a collaboration agreement must—

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(a) publish the agreement, or

(b) publish the fact that the agreement has been made and such other
details about it as the person considers appropriate.

(4) A relevant public authority may enter into a collaboration agreement as a
5supplying authority, a subscribing authority or both (whether or not it would
have power to do so apart from this section).

(5) The Secretary of State may, after consulting a relevant public authority, direct
it to enter into a collaboration agreement if the Secretary of State considers that
entering into the agreement would assist the effective exercise by the authority,
10or another relevant public authority, of its functions under this Part.

(6) A code of practice under Schedule 7 must include guidance to relevant public
authorities about collaboration agreements.

(7) The guidance must include guidance about the criteria the Secretary of State
will use in considering whether a collaboration agreement is appropriate for a
15relevant public authority.

71 Police collaboration agreements

(1) This section applies if—

(a) the chief officer of police of an England and Wales police force (“force
1”) has entered into a police collaboration agreement, and

(b) 20under the terms of the agreement—

(i) a designated senior officer of force 1 is permitted to grant
authorisations to officers of a collaborating police force,

(ii) officers of force 1 are permitted to be granted authorisations by
a designated senior officer of a collaborating police force, or

(iii) 25officers of force 1 act as single points of contact for officers of a
collaborating police force.

(2) The persons by whom, or to whom, authorisations may be granted (or who
may act as single points of contact) under a police collaboration agreement are
additional to those persons by whom, or to whom, authorisations would
30otherwise be granted under this Part (or who could otherwise act as single
points of contact).

(3) In a case falling within subsection (1)(b)(i)—

(a) section 53 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were
35a reference to an officer of the collaborating police force, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same
relevant public authority as an authorised officer included a
reference to an officer of force 1, and

(b) section 54(3)(c) has effect as if the reference to the relevant public
40authority concerned were a reference to force 1 and the collaborating
police force.

(4) In a case falling within subsection (1)(b)(ii)—

(a) section 53 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were
45a reference to an officer of force 1, and

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(ii) in subsection (6)(b)(ii) the reference to an officer of the same
relevant public authority as an authorised officer included a
reference to an officer of the collaborating police force, and

(b) section 54(3)(c) has effect as if the reference to the relevant public
5authority concerned were a reference to force 1 and the collaborating
police force.

(5) In a case falling within subsection (1)(b)(iii), section 67(4)(b) has effect as if the
references to the relevant public authority were references to the collaborating
police force.

(6) 10In this section—

  • “collaborating police force”, in relation to a police collaboration
    agreement, means a police force (other than force 1) whose chief officer
    of police is a party to the agreement,

  • “England and Wales police force” means—

    (a)

    15any police force maintained under section 2 of the Police Act
    1996 (police forces in England and Wales outside London),

    (b)

    the metropolitan police force, or

    (c)

    the City of London police force,

  • “police collaboration agreement” has the same meaning as in section 69
    20(see subsection (6) of that section),

and references in this section to an England and Wales police force or a police
force include the National Crime Agency (and references to the chief officer of
police include the Director General of the National Crime Agency).

Further and supplementary provision

72 25Lawfulness of conduct authorised by this Part

(1) Conduct is lawful for all purposes if—

(a) it is conduct in which any person is authorised to engage by an
authorisation or required to undertake by virtue of a notice given in
pursuance of an authorisation, and

(b) 30the conduct is in accordance with, or in pursuance of, the authorisation
or notice.

(2) A person (whether or not the person so authorised or required) is not to be
subject to any civil liability in respect of conduct that—

(a) is incidental to, or is reasonably undertaken in connection with,
35conduct that is lawful by virtue of subsection (1), and

(b) is not itself conduct for which an authorisation or warrant—

(i) is capable of being granted under any of the enactments
mentioned in subsection (3), and

(ii) might reasonably have been expected to have been sought in
40the case in question.

(3) The enactments referred to in subsection (2)(b)(i) are—

(a) an enactment contained in this Act,

(b) an enactment contained in the Regulation of Investigatory Powers Act
2000,

(c) 45an enactment contained in Part 3 of the Police Act 1997 (powers of the
police and of customs officers), or

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(d) section 5 of the Intelligence Services Act 1994 (warrants for the
intelligence services).

73 Offence of making unauthorised disclosure

(1) It is an offence for a telecommunications operator, or any person employed or
5engaged for the purposes of the business of a telecommunications operator, to
disclose, without reasonable excuse, to any person the existence of—

(a) any requirement imposed on the operator by virtue of this Part to
disclose communications data relating to that person, or

(b) any request made in pursuance of an authorisation for the operator to
10disclose such data.

(2) For the purposes of subsection (1), it is, in particular, a reasonable excuse if the
disclosure is made with the permission of the relevant public authority which
is seeking to obtain the data from the operator (whether the permission is
contained in any notice requiring the operator to disclose the data or
15otherwise).

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales—

(i) to imprisonment for a term not exceeding 12 months (or 6
months, if the offence was committed before the
20commencement of section 154(1) of the Criminal Justice Act
2003), or

(ii) to a fine,

or to both;

(b) on summary conviction in Scotland—

(i) 25to imprisonment for a term not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum,

or to both;

(c) on summary conviction in Northern Ireland—

(i) to imprisonment for a term not exceeding 6 months, or

(ii) 30to a fine not exceeding the statutory maximum,

or to both;

(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine, or to both.

74 Certain transfer and agency arrangements with public authorities

(1) 35The Secretary of State may by regulations provide for—

(a) any function under sections 58 to 60 which is exercisable by the
Secretary of State to be exercisable instead by another public authority,
or

(b) any function under sections 58 to 60 which is exercisable by a public
40authority by virtue of paragraph (a) to be exercisable instead by the
Secretary of State.

(2) The Secretary of State may by regulations modify any enactment about a public
authority for the purpose of enabling or otherwise facilitating any function
exercisable by the Secretary of State under this Part to be exercisable on behalf
45of the Secretary of State by the authority concerned.

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(3) Regulations under subsection (2) do not affect the Secretary of State’s
responsibility for the exercise of the functions concerned.

(4) Subsection (2) does not apply in relation to any function of the Secretary of
State of making regulations.

(5) 5Schedule 5 (which contains further safeguards and provisions supplementing
this section) has effect.

75 Application of Part 3 to postal operators and postal services

(1) This Part applies to postal operators and postal services as it applies to
telecommunications operators and telecommunications services.

(2) 10In its application by virtue of subsection (1), this Part has effect as if—

(a) any reference to a telecommunications operator were a reference to a
postal operator,

(b) any reference to a telecommunications service were a reference to a
postal service,

(c) 15any reference to a telecommunication system were a reference to a
postal service,

(d) in section 54, subsections (4) to (6) were omitted, and

(e) in Part 2 of Schedule 4, for “which is entity data” there were substituted
“within paragraph (c) of the definition of “communications data” in
20section 224(3)”.

76 Extra-territorial application of Part 3

(1) An authorisation may relate to conduct outside the United Kingdom and
persons outside the United Kingdom.

(2) A notice given in pursuance of an authorisation may relate to conduct outside
25the United Kingdom and persons outside the United Kingdom.

(3) Where such a notice is to be given to a person outside the United Kingdom, the
notice may be given to the person in any of the following ways (as well as by
electronic or other means of service)—

(a) by delivering it to the person’s principal office within the United
30Kingdom or, if the person has no such office in the United Kingdom, to
any place in the United Kingdom where the person carries on business
or conducts activities,

(b) if the person has specified an address in the United Kingdom as one at
which the person, or someone on the person’s behalf, will accept
35documents of the same description as a notice, by delivering it to that
address,

(c) by notifying the person by such other means as the authorised officer
considers appropriate (which may include notifying the person orally).

(4) In determining for the purposes of subsection (3) of section 57 whether it is
40reasonably practicable for a telecommunications operator outside the United
Kingdom to take any steps in a country or territory outside the United
Kingdom for the purpose of complying with a duty imposed by virtue of
subsection (1) or (2) of that section, the matters to be taken into account include
the following—