Investigatory Powers Bill (HC Bill 172)
SCHEDULE 10 continued PART 6 continued
Contents page 140-148 150-159 160-169 170-189 189-190 190-199 200-205 210-219 220-229 230-239 240-241 Last page
Investigatory Powers BillPage 240
78
In the heading of section 16 for “Surveillance Commissioners” substitute
“Judicial Commissioners”.
79
Omit section 18 (information to be provided to Surveillance
Commissioners).
80
5In the cross-heading before section 21 (Chief Surveillance Commissioner) for
“Chief Surveillance” substitute “Investigatory Powers”.
81 Omit section 21 (functions of Chief Surveillance Commissioner).
82
(1)
Section 22 (co-operation with, and reports by, Chief Surveillance
Commissioner) is amended as follows.
(2) 10Omit subsection (1).
(3)
In subsection (2) for “Chief Surveillance Commissioner” substitute
“Investigatory Powers Commissioner”.
(4) In subsection (3)—
(a)
for “Chief Surveillance Commissioner” substitute “Investigatory
15Powers Commissioner”, and
(b) after “under” insert “, and in relation to,”.
83
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”.
84 20In section 26(4) (effect of codes of practice)—
(a)
in 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
25Commissioner)”.
85 (1) Section 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
30Investigatory Powers Act 2016 (see section 225(1) of that
Act);”.
(3)
Omit the definitions of “ordinary Surveillance Commissioner”,
“Surveillance Commissioner” and “Chief Surveillance Commissioner”.
Terrorism Prevention and Investigation Measures Act 2011
86
35In section 21(3)(b) of the Terrorism Prevention and Investigation Measures
Act 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
87 40The Protection of Freedoms Act 2012 is amended as follows.
88
(1)
Section 29 (code of practice for surveillance camera systems) is amended as
follows.
Investigatory Powers BillPage 241
(2)
In subsection (5)(d) (duty to consult certain persons in preparing code) for
“the Chief Surveillance Commissioner” substitute “the Investigatory Powers
Commissioner”.
(3)
In subsection (7) omit the definition of “the Chief Surveillance
5Commissioner”.
89
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”.
Part 7 10Other minor and consequential provision
Telecommunications Act 1984
90
Omit section 94 of the Telecommunications Act 1984 (directions in the
interests of national security etc.).
Northern Ireland Act 1998
91
15In 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;”.
Communications Act 2003
92 (1) The Communications Act 2003 is amended as follows.
(2) 20In 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).
Part 8
Repeals and revocations consequential on other repeals or amendments in
25this Act
General amendments
| Title | Extent of repeal or revocation |
|---|---|
| Serious Crime Act 2015 | Section 83. |
| Section 86(12). | |
| In Schedule 4, paragraph 18. |
Lawful interception of communications
| Title | 30Extent of repeal or revocation |
|---|---|
| Regulation of Investigatory Powers Act 2000 |
In Schedule 4, paragraphs 7(2) and 9. |
| Inquiries Act 2005 | In Schedule 2, paragraphs 20 and 21. |
| Terrorism Act 2006 | Section 32. |
Investigatory Powers BillPage 242
| Title | Extent of repeal or revocation |
|---|---|
| Wireless Telegraphy Act 2006 | In Schedule 7, paragraphs 22 and 23. |
| National Health Service (Consequential Provisions) Act 2006 |
In Schedule 1, paragraph 208. 5 |
| Armed Forces Act 2006 | In Schedule 16, paragraph 169. |
| Serious Crime Act 2007 | In Schedule 12, paragraph 6. |
| Counter-Terrorism Act 2008 | Sections 69 and 74. |
| Policing and Crime Act 2009 | Section 100. |
| Terrorist Asset-Freezing etc. Act 2010 |
10Section 28(2) and (3). |
| Terrorism Prevention and Investigation Measures Act 2011 |
In Schedule 7, paragraph 4. |
| Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340) |
15The whole Regulations. |
| Health and Social Care Act 2012 | 20In Schedule 5, paragraph 98. |
| Justice and Security Act 2013 | Section 16. |
| In Schedule 2, paragraph 11. | |
| Crime and Courts Act 2013 | In Schedule 8, paragraph 78. |
| Crime and Courts Act 2013— cont. |
In Schedule 9, paragraph 125. 25 |
| Data Retention and Investigatory Powers Act 2014 |
Section 3(1) and (2). |
| Section 4(2) to (7). | |
| 30Section 5. | |
| Counter-Terrorism and Security Act 2015 |
Section 15(3). |
| In Schedule 8, paragraph 2. |
Acquisition of communications data
| Title | Extent of repeal or revocation |
|---|---|
| Serious Organised Crime and Police Act 2005 |
35In Schedule 4, paragraph 135. |
| Serious Crime Act 2007 | In Schedule 12, paragraphs 7 and 8. |
| Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098) |
In the Schedule, paragraph 4(5). 40 |
| Policing and Crime Act 2009 | Section 7. |
| 45In Schedule 7, paragraphs 13 and 14. |
Investigatory Powers BillPage 243
| Title | Extent of repeal or revocation |
|---|---|
| Protection of Freedoms Act 2012 |
Section 37. |
| In Schedule 9, paragraphs 7 and 8 and, in 5paragraph 16(b), sub-paragraph (i) (and the word “and” at the end of sub-paragraph (i)). |
|
| Crime and Courts Act 2013 | In Schedule 8, paragraph 81. |
| Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) |
In Schedule 2, paragraph 33(5) to (8) and (15)(a). 10 |
| Data Retention and Investigatory Powers Act 2014 |
Section 3(3) and (4). 15 |
| Section 4(8) to (10). | |
| Counter-Terrorism and Security Act 2015 |
Section 21. |
| Section 52(3)(a). |
Judicial Commissioners
| Title | 20Extent of repeal or revocation |
|---|---|
| Scotland Act 1998 (Cross- Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/ 1747) |
In Schedule 6, paragraph 2(2) and (5). 25 |
| Regulation of Investigatory Powers Act 2000 |
In Schedule 4, paragraph 8(1), (10) and (11). |
| Insolvency Act 2000 | In Schedule 4, paragraph 22(2). |
| Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941) |
In the Schedule, paragraph 10. 30 |
| Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No 2) Order 2000 (S.I. 2000/3253) |
In Schedule 3, paragraphs 9 to 12. 35 |
| Constitutional Reform Act 2005 | In Schedule 17, paragraphs 27 and 30(2)(a) and (b) and (3). |
| Tribunals, Courts and Enforcement Act 2007 |
In Schedule 16, paragraph 11(2). 40 |
| Serious Crime Act 2007 | In Schedule 12, paragraph 3. |
| Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) |
In Schedule 1, paragraph 169. 45 |
| Police Reform and Social Responsibility Act 2011 |
In Schedule 16, paragraph 222. |
Investigatory Powers BillPage 244
| Title | Extent of repeal or revocation |
|---|---|
| Protection of Freedoms Act 2012 |
In Schedule 9, paragraphs 10 and 11. |
| Justice and Security Act 2013 | Section 5. |
| 5In Schedule 2, paragraph 4. | |
| Crime and Courts Act 2013 | In Schedule 8, paragraph 59. |
| Crime and Courts Act 2013— cont. |
In Schedule 21, paragraph 4. |
| Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) |
In Schedule 1, paragraph 6(6). 10 |
| In Schedule 2, paragraph 33(20) and (22)(c). | |
| Anti-social Behaviour, Crime and Policing Act 2014 |
15Section 150. |
| Data Retention and Investigatory Powers Act 2014 |
Section 6. |
Other minor and consequential provision
| Title | 20Extent of repeal or revocation |
|---|---|
| Communications Act 2003 | In Schedule 17, paragraph 70. |