Investigatory Powers Bill (HC Bill 2)

5 (1) Section 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) 5Section 81(1) (general definitions) is amended as follows.

(2) For 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—

• 10“““communication” has the same meaning as in the
  Investigatory 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) 15For the definitions of “postal service” and “public postal service”
substitute—

• “““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
20telecommunications service” and “public telecommunication system”.

(7) In 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)”.

25Political Parties, Elections and Referendums Act 2000

7 In 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
30Powers Act 2016.””

Public 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
35paragraph (b) substitute—

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

(3) In section 26C(3) (power to require disclosure of data) for paragraph (b)
substitute—

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

Social Security Fraud Act 2001

9 In section 4(1)(b) of the Social Security Fraud Act 2001 (arrangements for
payments in relation to persons providing a telecommunications service
etc.) for “the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute
5“the Investigatory Powers Act 2016”.

Social Security Fraud Act (Northern Ireland) 2001

10 In section 4(1)(b) of the Social Security Fraud Act (Northern Ireland) 2001
(arrangements for payments in relation to persons providing a
telecommunications service etc.) for “the Regulation of Investigatory
10Powers Act 2000 (c. 23)2000 (c. 23)” substitute “the Investigatory Powers Act 2016”.

Justice (Northern Ireland) Act 2002

11 In section 5A(3)(b) of the Justice (Northern Ireland) Act 2002 (disclosure of
information to the Northern Ireland Judicial Appointments Commission)
for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute
15“any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act
2016”.

Proceeds of Crime Act 2002

12 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 436(3)(b) (disclosure of information to certain Directors) for “Part
201 of the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any
of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

(3) In section 438(8)(b) (disclosure of information by certain Directors) for “Part
1 of the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any
of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

(4) 25In section 439(3)(b) (disclosure of information to Lord Advocate and to
Scottish Ministers) for “Part 1 of the Regulation of Investigatory Powers Act
2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers Act 2016”.

(5) In section 441(7)(b) (disclosure of information by Lord Advocate and by
30Scottish Ministers) for “Part 1 of the Regulation of Investigatory Powers Act
2000 (c. 23)2000 (c. 23)” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016”.

Police Reform Act 2002

13 In paragraph 19ZA(2)(c) of Schedule 3 to the Police Reform Act 2002
35(handling of complaints and conduct matters etc: power to serve
information notice) for “Part 1 of the Regulation of Investigatory Powers Act
2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers Act 2016”.

Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426S.I. 2003/2426)

14 40After regulation 5A(8) of the Privacy and Electronic Communications (EC

Directive) Regulations 2003 (personal data breach) insert—

“(9) This regulation does not apply in relation to any personal data
breach which is to be notified to the Investigatory Powers
Commissioner in accordance with a code of practice made under the
5Investigatory Powers Act 2016.””

Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I. 5)S.I. 2003/418 (N.I. 5))

15 In Article 4C(3)(b) of the Audit and Accountability (Northern Ireland) Order
2003 (voluntary provision of data) for “Part 1 of the Regulation of
Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any of Parts 1 to 7 or
10Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

Public Audit (Wales) Act 2004

16 In section 64C(3)(b) of the Public Audit (Wales) Act 2004 (voluntary
provision of data) for “Part 1 of the Regulation of Investigatory Powers Act
2000 (c. 23)2000 (c. 23)” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the
15Investigatory Powers Act 2016”.

Constitutional Reform Act 2005

17 In section 107(3)(b) of the Constitutional Reform Act 2005 (disclosure of
information to the Judicial Appointments Commission) for “Part 1 of the
Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any of Parts
201 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

Commissioners for Revenue and Customs Act 2005

18 In section 22(b) of the Commissioners for Revenue and Customs Act 2005
(data protection, etc) for “Part 1 of the Regulation of Investigatory Powers
Act 2000 (c. 23)2000 (c. 23)” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the
25Investigatory Powers Act 2016”.

Serious Crime Act 2007

19 (1) The Serious Crime Act 2007 is amended as follows.

(2) In section 68(4)(b) (disclosure of information to prevent fraud) for “Part 1 of
the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any of
30Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

(3) In section 85(8)(b) (disclosure of information by Revenue and Customs) for
“Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute
“any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act
2016”.

35Legal Services Act 2007

20 In section 169(3)(b) of the Legal Services Act 2007 (disclosure of information
to the Legal Services Board) for “Part 1 of the Regulation of Investigatory
Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9
of the Investigatory Powers Act 2016”.

Regulatory Enforcement and Sanctions Act 2008

21 In section 70(4) of the Regulatory Enforcement and Sanctions Act 2008
(disclosure of information) for paragraph (b) substitute—

“(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
5Powers Act 2016.””

Counter-Terrorism Act 2008

22 In section 20(2)(b) of the Counter-Terrorism Act 2008 (disclosure and the
intelligence services: supplementary provisions) for “Part 1 of the
Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any of Parts
101 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

Borders, Citizenship and Immigration Act 2009

23 In section 19(1)(b) of the Borders, Citizenship and Immigration Act 2009
(application of statutory provisions) for “Part 1 of the Regulation of
Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “any of Parts 1 to 7 or
15Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

Marine and Coastal Access Act 2009

24 (1) The Marine and Coastal Access Act 2009 is amended as follows.

(2) In paragraph 13(5) of Schedule 7 (further provision about civil sanctions
under Part 4: disclosure of information) for paragraph (b) substitute—

“(b) 20any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers Act 2016.””

(3) In paragraph 9(5) of Schedule 10 (further provision about fixed monetary
penalties under section 142: disclosure of information) for paragraph (b)
substitute—

“(b) 25any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers Act 2016.””

Terrorist Asset-Freezing etc. Act 2010

25 In section 25(2)(b) of the Terrorist Asset-Freezing etc. Act 2010 (application
of provisions) for “Part 1 of the Regulation of Investigatory Powers Act 2000”
30substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers Act 2016”.

Marine (Scotland) Act 2010 (2010 asp 52010 asp 5)

26 In paragraph 12(5) of Schedule 2 to the Marine (Scotland) Act 2010 (further
provision about civil sanctions under Part 4: disclosure of information) for
35paragraph (b) substitute—

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

Charities Act 2011

27 In section 59(b) of the Charities Act 2011 (disclosure: supplementary) for
“Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any
of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

5Prisons (Interference with Wireless Telegraphy) Act 2012

28 In section 4(6) of the Prisons (Interference with Wireless Telegraphy) Act
2012 (meaning of “telecommunication system”) for “Regulation of
Investigatory Powers Act 2000” substitute “Investigatory Powers Act 2016
(see section 223(13) of that Act)”.

10Crime and Courts Act 2013

29 In paragraph 1(b) of Schedule 7 to the Crime and Courts Act 2013
(information: restrictions on disclosure) for “Part 1 of the Regulation of
Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1
of Part 9 of the Investigatory Powers Act 2016”.

15Marine Act (Northern Ireland) 2013 (c. 10 (N.I.))

30 In paragraph 8(5) of Schedule 2 to the Marine Act (Northern Ireland) 2013
(further provision about fixed monetary penalties under section 35:
disclosure of information) for paragraph (b) substitute—

“(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
20Powers Act 2016.””

Local Audit and Accountability Act 2014

31 In paragraph 3(3)(b) of Schedule 9 to the Local Audit and Accountability Act
2014 (data matching: voluntary provision of data) for “Part 1 of the
Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7
25or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

Anti-social Behaviour, Crime and Policing Act 2014

32 In paragraph 7(4)(b) of Schedule 4 to the Anti-social Behaviour, Crime and
Policing Act 2014 (ASB case reviews: information) for “Part 1 of the
Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7
30or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

Immigration Act 2014

33 In paragraph 6(b) of Schedule 6 to the Immigration Act 2014 (information)
for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute
“any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act
352016”.

Data Retention and Investigatory Powers Act 2014

34 Omit sections 4(1), 7 and 8 of the Data Retention and Investigatory Powers
Act 2014 (introductory, review and final provisions).

Part 2 Lawful interception of communications

Official Secrets Act 1989

35 In section 4(3) of the Official Secrets Act 1989 (crime and special
5investigation powers) omit the “and” after paragraph (a) and after
paragraph (b) insert “and

(c) any information obtained under a warrant under Chapter 1
of Part 2 or Chapter 1 of Part 6 of the Investigatory Powers
Act 2016, any information relating to the obtaining of
10information under such a warrant and any document or
other article which is or has been used or held for use in, or
has been obtained by reason of, the obtaining of information
under such a warrant.””

Criminal Procedure and Investigations Act 1996

36 (1) 15The Criminal Procedure and Investigations Act 1996 is amended as follows.

(2) In section 3(7) (initial duty of prosecutor to disclose) for “section 17 of the
Regulation of Investigatory Powers Act 2000” substitute “section 48 of the
Investigatory Powers Act 2016”.

(3) In section 7A(9) (continuing duty of prosecutor to disclose) for “section 17 of
20the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “section
48 of the Investigatory Powers Act 2016”.

(4) In section 8(6) (application by accused for disclosure) for “section 17 of the
Regulation of Investigatory Powers Act 2000” substitute “section 48 of the
Investigatory Powers Act 2016”.

(5) 25In section 23 (code of practice) for subsection (6) substitute—

“(6) The code must be so framed that it does not apply to any of the
following—

(a) material intercepted in obedience to a warrant issued under
section 2 of the Interception of Communications Act 1985;

(b) 30material intercepted under the authority of an interception
warrant under section 5 of the Regulation of Investigatory
Powers Act 2000;

(c) material obtained under the authority of a warrant issued
under Chapter 1 of Part 2 of the Investigatory Powers Act
352016;

(d) material obtained under the authority of a warrant issued
under Chapter 1 of Part 6 of that Act.””

Scotland Act 1998

37 In Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 (reserved
40matters: national security, interception of communications etc.), in the
definition of “private telecommunication system”, for “section 2(1) of the
Regulation of Investigatory Powers Act 2000” substitute “section 223(14) of
the Investigatory Powers Act 2016”.

Northern Ireland Act 1998

38 In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted
matters) for paragraph (b) substitute—

“(b) the subject-matter of sections 2 to 8, Schedule 1, Part 2 and
5Chapter 1 of Part 6 of the Investigatory Powers Act 2016,
except so far as relating to the prevention or detection of
serious crime (within the meaning of that Act);”.”

Financial Services and Markets Act 2000

39 In section 394(7)(a) of the Financial Services and Markets Act 2000 (access to
10FCA or PRA material) for “section 17 of the Regulation of Investigatory
Powers Act 2000” substitute “section 48 of the Investigatory Powers Act
2016”.

Regulation of Investigatory Powers Act 2000

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

41 15Omit Chapter 1 of Part 1 (interception of communications).

42 In section 71 (issue and revision of codes of practice) omit subsection (10).

43 In section 78(3)(a) (affirmative orders) omit “12(10), 13(3),”.

44 (1) Section 81 (general interpretation) is amended as follows.

(2) In subsection (1)—

(a) 20in the definition of “criminal”, omit “or prosecution”, and

(b) in the definition of “interception warrant”, for “a warrant under
section 5” substitute “—

(a) a targeted interception warrant or mutual assistance
warrant under Chapter 1 of Part 2 of the Investigatory
25Powers Act 2016, or

(b) a bulk interception warrant under Chapter 1 of Part 6
of that Act”.”

(3) In subsection (4) omit the words from “; and references” to the end.

(4) In subsection (5) omit the words from “, except that” to the end.

45 30In section 82 (amendments, repeals and savings etc.) omit subsections (4) to
(6).

Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 132010 asp 13)

46 In section 159 of the Criminal Justice and Licensing (Scotland) Act 2010, for
“section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)”
35substitute “section 48 of the Investigatory Powers Act 2016”.

Justice and Security Act 2013

47 In section 6(4)(b) of the Justice and Security Act 2013 (declaration permitting
closed material applications in proceedings) for sub-paragraph (iii)

substitute—

“(“iii) section 48(1) of the Investigatory Powers Act 2016
(exclusion for intercept material),”.”

Part 3 5Acquisition of communications data

Regulation of Investigatory Powers Act 2000

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

49 Omit Chapter 2 of Part 1 (acquisition and disclosure of communications
data).

50 10In section 49(1)(c) (investigation of electronic data protected by encryption
etc: powers under which data obtained)—

(a) for the words from “section 22(3)” to “Part II” substitute “Part 3 of the
Investigatory Powers Act 2016 or Part 2 of this Act”, and

(b) for “under section 22(4)” substitute “in pursuance of an authorisation
15under Part 3 of the Act of 2016 or as the result of the issue of a
warrant under Chapter 2 of Part 6 of the Act of 2016”.

51 In section 71(2) (issue and revision of codes of practice) omit “23A or”.

52 (1) Section 77A (procedure for order of sheriff under section 23A or 32A:
Scotland) is amended as follows.

(2) 20In the heading and in subsection (1) for “section 23A or 32A” substitute
“section 32A of this Act or section 66 of the Investigatory Powers Act 2016”.

(3) In subsection (3) for “sections 23B and 32B and this section” substitute “this
section, section 32B of this Act and section 66 of the Investigatory Powers Act
2016”.

53 (1) 25Section 77B (procedure for order of district judge under section 23A or 32A:
Northern Ireland) is amended as follows.

(2) In the heading and in subsections (1) and (4) for “section 23A or 32A”
substitute “section 32A of this Act or section 66 of the Investigatory Powers
Act 2016”.

(3) 30In subsection (4) for “sections 23B and 32B” substitute “section 32B of this
Act and section 66 of that Act”.

54 In section 78(3)(a) (affirmative orders) omit “22(9), 23A(6), 25(5),”.

55 In section 81(9) (general interpretation: certain references relating to
Northern Ireland) omit “23A(7)(b),”.

35Police Reform Act 2002

56 (1) Paragraph 19ZA of Schedule 3 to the Police Reform Act 2002 (investigations
by the IPCC: information notices) is amended as follows.

(2) In sub-paragraph (3) omit—

(a) the words from “(within the meaning of Chapter 2” to “2000)”, and

(b) 40the words “(within the meaning of that Chapter)”.

(3) After sub-paragraph (3) insert—

“(3A) In sub-paragraph (3) “communications data”, “postal operator”
and “telecommunications operator” have the same meanings as in
the Investigatory Powers Act 2016 (see sections 223 and 224 of that
5Act).””

Part 4 Retention of communications data

Anti-terrorism, Crime and Security Act 2001

57 Omit Part 11 of the Anti-terrorism, Crime and Security Act 2001 (retention
10of communications data).

Data Retention and Investigatory Powers Act 2014

58 Omit sections 1 and 2 of the Data Retention and Investigatory Powers Act
2014 (retention of relevant communications data).

Part 5 15Equipment interference

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

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

60 In section 5(3) (lawful surveillance etc.), after paragraph (a) (and before the
20“or” at the end of the paragraph), insert—

“(aa) an enactment contained in Part 5, or Chapter 3 of Part 6, of the
Investigatory Powers Act 2016 (equipment interference) so
far as relating to the Police Service;”.”

61 In section 24(2) (issue and revision of codes of practice), after paragraph (a)
25(and before the “and” at the end of the paragraph), insert—

“(aa) Part 5, or Chapter 3 of Part 6, of the Investigatory Powers Act
2016 (equipment interference) so far as relating to the Police
Service or the Police Investigations and Review
Commissioner;”.”

30Crime and Courts Act 2013

62 (1) In Schedule 1 to the Crime and Courts Act 2013 (the NCA and NCA officers),
paragraph 6A (investigatory activity in Northern Ireland) is amended as
follows.

(2) In sub-paragraph (3)—

(a) 35in the opening words, omit “an authorisation granted under any of
the following provisions”;

(b) before paragraph (a) insert—

“(za) a targeted equipment interference warrant under
Part 5 of the Investigatory Powers Act 2016;”;”

(c) in paragraph (a), for “in the” substitute “an authorisation granted
under any of the following provisions of the”;

(d) in paragraph (b), at the beginning insert “an authorisation granted
under”.

(3) 5After sub-paragraph (3) insert—

“(4) For the purpose of sub-paragraph (1), a relevant investigatory
activity falling within sub-paragraph (3)(za) is to be regarded as
carried out in Northern Ireland if (and to the extent that)—

(a) the equipment that is being interfered with under the
10warrant is in Northern Ireland, and

(b) at the time of the carrying out of the activity, the NCA
officer knows that the equipment is in Northern Ireland.

(5) Sub-paragraph (6) applies where—

(a) in the carrying out by an NCA officer of a relevant
15investigatory activity falling within sub-paragraph (3)(za),
equipment in Northern Ireland is interfered with under
the warrant,

(b) at the time the interference begins, the NCA officer does
not know that the equipment is in Northern Ireland, and

(c) 20at any time while the interference is continuing, the NCA
officer becomes aware that the equipment is in Northern
Ireland.

(6) The NCA officer is not to be regarded as in breach of sub-
paragraph (1) if the interference continues after the NCA officer
25becomes aware that the equipment is in Northern Ireland,
provided that the officer informs the Chief Constable of the Police
Service of Northern Ireland about the interference as soon as
reasonably practicable.””

Part 6 30Judicial Commissioners

Police Act 1997

63 The Police Act 1997 is amended as follows.

64 In section 103(8) (appeals) for “the period” substitute “any period”.

65 In section 105(1)(b)(iii) (reports of appeals dismissed) for “section 107(2)”
35substitute “section 201 of the Investigatory Powers Act 2016”.

66 In section 108(1) (interpretation of Part 3) after the definition of “designated
deputy” insert—

• “““the Investigatory Powers Commissioner” and “Judicial
  Commissioner” have the same meanings as in the
  40Investigatory Powers Act 2016 (see section 225(1) of that
  Act);”.”

Regulation of Investigatory Powers Act 2000

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