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Investigatory Powers Bill

Explanatory Notes

Contents

Annex A - Territorial extent and application in the United Kingdom

The Bill extends to the whole of the United Kingdom. This is subject to the exception that amendments, repeals and revocations have the same extent as the enactment to which they relate. There are no clauses or Schedules in the Bill that apply only to England or only to England and Wales, as set out in the table below. It is therefore not necessary to consider, for the purposes of Standing Order No. 83J of the Standing Orders of the House of Commons relating to Public Business, whether any provisions have minor or consequential effects outside England and Wales, or whether any provisions would be within the competence of any of the devolved legislatures. 1

Provision

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Extends and applies to Scotland?

Extends and applies to Northern Ireland?

Would corresponding provision be within the competence of the National Assembly for Wales?

Would corresponding provision be within the competence of the Scottish Parliament?

Would corresponding provision be within the competence of the Northern Ireland Assembly?

Legislative Consent Motion needed?

Part 1: General privacy Protections

Clauses 1 to 11

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Schedule 1

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Schedule 2

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 12

Yes

Yes

Yes

Yes

N/A

N/A

N/A

S

Part 2: Lawful interception of communications

Clauses 13 to 18

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Schedule 3

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clauses 19 to 20

No

No

Yes

No

N/A

N/A

N/A

S

Clauses 21 to 41

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clauses 42 and 43

Yes

Yes

Yes

Yes

N/A

N/A

N/A

S

Clauses 44 and 52

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Part 3: Authorisations for obtaining communications data

Clause 53 to 77

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Schedule 4

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Schedule 5

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Part 4: Retention of communications data

Clauses 78 to 87

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Part 5: Equipment Interference

Clauses 88 to 118

Yes

Yes

Yes

Yes

N/A

N/A

N/A

S (in part)

Schedule 6

Yes

Yes

Yes

Yes

N/A

N/A

N/A

S (in part)

Part 6: Bulk Warrants

Clauses 119 to 172

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Part 7: Bulk personal data warrants

Clauses 173 to 189

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Part 8: Oversight arrangements

Clauses 190 to 207

Yes

Yes

Yes

Yes

N/A

N/A

N/A

S (in part) NI (in part)

Schedule 7

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Part 9: Miscellaneous and general provisions

Clauses 208 to 228

Yes

Yes

Yes

Yes

N/A

N/A

N/A

S (in part) NI (in part)

Schedule 8

Yes

Yes

Yes

Yes

N/A

N/A

N/A

S (in part)

Schedule 9

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Schedule 10

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

1 References in this Annex to a provision being within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly are to the provision being within the legislative competence of the relevant devolved legislature for the purposes of Standing Order No. 83J of the Standing Orders of the House of Commons relating to Public Business.

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Prepared 18th May 2016