Investigatory Powers Bill (HL Bill 62)

Investigatory Powers BillPage 210

(d) in subsection (7)—

(i) after the definition of “bank” insert—

  • ““communications data” has the same meaning as in the
    Investigatory Powers Act 2016 (see sections 237 and
    5238 of that Act);”,

(ii) after the definition of “insurer” insert—

  • ““postal operator” has the same meaning as in the
    Investigatory Powers Act 2016 (see section 238 of that
    Act);”, and

(iii) 10for the definition of “telecommunications service”
substitute—

  • ““telecommunications operator” has the same meaning
    as in the Investigatory Powers Act 2016 (see section
    237 of that Act).”

8 15In section 103C of the Social Security Administration (Northern Ireland) Act
1992 (powers of entry) for subsection (6) substitute—

(6) Subsections (2E) and (5) of section 103B apply for the purposes of this
section as they apply for the purposes of that section.”

Financial Services and Markets Act 2000

9 20In section 175 of the Financial Services and Markets Act 2000 (information
gathering and investigations: supplemental provision), after subsection (5),
insert—

(5A) Nothing in this Part is to be read as enabling a person to secure the
disclosure by a telecommunications operator or postal operator of
25communications data without the consent of the operator.

(5B) In subsection (5A) “communications data”, “postal operator” and
“telecommunications operator” have the same meanings as in the
Investigatory Powers Act 2016 (see sections 237 and 238 of that Act).”

Finance Act 2008

10 30In Schedule 36 to the Finance Act 2008 (information and inspection powers),
in paragraph 19 (restrictions on powers: types of information), at end,
insert—

(4) An information notice does not require a telecommunications
operator or postal operator to provide or produce
35communications data.

(5) In sub-paragraph (4) “communications data”, “postal operator”
and “telecommunications operator” have the same meanings as in
the Investigatory Powers Act 2016 (see sections 237 and 238 of that
Act).”

40Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations
2014 (S.I. 2014/899S.I. 2014/899)

11 In regulation 4 of the Prevention of Social Housing Fraud (Power to Require
Information) (England) Regulations 2014 (power to require information
from persons who provide telecommunications services etc.)—

Investigatory Powers BillPage 211

(a) omit sub-paragraph (f) of paragraph (3),

(b) in sub-paragraph (g) of that paragraph for “(f)” substitute “(e)”,

(c) omit paragraphs (6) and (7),

(d) after paragraph (10) insert—

(10A) 5Nothing in this regulation is to be read as enabling a person
to secure the disclosure by a telecommunications operator or
postal operator of communications data without the consent
of the operator.”, and

(e) in paragraph (11)—

(i) 10after the definition of “bank” insert—

  • ““communications data” has the same meaning as in the
    Investigatory Powers Act 2016 (see sections 237 and 238
    of that Act);”,

(ii) after the definition of “family” insert—

  • 15““postal operator” has the same meaning as in the
    Investigatory Powers Act 2016 (see section 238 of that
    Act);”, and

(iii) for the definition of “telecommunications service”
substitute—

  • 20““telecommunications operator” has the same meaning as
    in the Investigatory Powers Act 2016 (see section 237 of
    that Act).”

Section 53

SCHEDULE 3 Exceptions to section 53

25Introductory

1 This Schedule contains—

(a) exceptions to the exclusion by section 53(1) of certain matters from
legal proceedings, and

(b) limitations on those exceptions where that exclusion will still apply.

30Disclosures of lawfully intercepted communications

2 (1) Section 53(1)(a) does not prohibit the disclosure of any content of a
communication, or any secondary data obtained from a communication, if
the interception of that communication was lawful by virtue of any of the
following provisions—

(a) 35sections 6(1)(c) and 42 to 50;

(b) sections 1(5)(c), 3 and 4 of the Regulation of Investigatory Powers Act
2000;

(c) section 1(2)(b) and (3) of the Interception of Communications Act
1985.

(2) 40Where any disclosure is proposed to be, or has been, made on the grounds
that it is authorised by sub-paragraph (1), section 53(1) does not prohibit the
doing of anything in, or for the purposes of, so much of any proceedings as
relates to the question whether that disclosure is or was so authorised.

Investigatory Powers BillPage 212

Disclosures of convictions for certain offences

3 Section 53(1)(b) does not prohibit the doing of anything that discloses any
conduct of a person for which that person has been convicted of—

(a) an offence under section 3(1), 41(7) or 56,

(b) 5an offence under section 1(1) or (2), 11(7) or 19 of the Regulation of
Investigatory Powers Act 2000, or

(c) an offence under section 1 of the Interception of Communications
Act 1985.

Proceedings before the Investigatory Powers Tribunal etc.

4 10Section 53(1) does not apply in relation to—

(a) any proceedings before the Investigatory Powers Tribunal,

(b) any proceedings on an appeal under section 67A of the Regulation of
Investigatory Powers Act 2000 (appeal against decisions of the
Tribunal etc.), or

(c) 15any proceedings arising out of such an appeal.

Proceedings before Special Immigration Appeals Commission

5 (1) Section 53(1) does not apply in relation to—

(a) any proceedings before the Special Immigration Appeals
Commission, or

(b) 20any proceedings arising out of proceedings before that Commission.

(2) But sub-paragraph (1) does not permit the disclosure of anything to—

(a) the appellant or (as the case may be) applicant to the Special
Immigration Appeals Commission, or

(b) any person who—

(i) 25represents that appellant or applicant for the purposes of the
proceedings, and

(ii) does so otherwise than by virtue of appointment under
section 6 of the Special Immigration Appeals Commission
Act 1997.

30Proceedings before Proscribed Organisations Appeal Commission

6 (1) Section 53(1) does not apply in relation to—

(a) any proceedings before the Proscribed Organisations Appeal
Commission, or

(b) any proceedings arising out of proceedings before that Commission.

(2) 35But sub-paragraph (1) does not permit the disclosure of anything to any of
the following—

(a) the applicant to the Commission;

(b) the organisation concerned (if different);

(c) any person designated under paragraph 6 of Schedule 3 to the
40Terrorism Act 2000 to conduct the proceedings on behalf of that
organisation;

(d) any person who—

(i) represents that appellant or that organisation for the
purposes of the proceedings, and

Investigatory Powers BillPage 213

(ii) does so otherwise than by virtue of an appointment under
paragraph 7 of that Schedule.

Closed material proceedings

7 (1) Section 53(1) does not apply in relation to any section 6 proceedings within
5the meaning given by section 14(1) of the Justice and Security Act 2013
(certain civil proceedings in which closed material applications may be
made).

(2) But sub-paragraph (1) does not permit a prohibited section 6 disclosure.

(3) In the case of section 6 proceedings where the only relevant person is the
10Secretary of State, a “prohibited section 6 disclosure” means a disclosure of
anything to—

(a) any person, other than the Secretary of State, who is or was a party
to the proceedings, or

(b) any person who—

(i) 15represents such a person for the purposes of the proceedings,
and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

(4) In the case of section 6 proceedings where the Secretary of State is not the
20only relevant person, or is not a relevant person but is a party to the
proceedings, a “prohibited section 6 disclosure” means a disclosure of
anything to—

(a) any person, other than the relevant person concerned or the
Secretary of State, who is or was a party to the proceedings, or

(b) 25any person who—

(i) represents a person within paragraph (a) for the purposes of
the proceedings, and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

(5) 30In this paragraph “relevant person”, in relation to section 6 proceedings, has
the meaning given by section 14(1) of the Justice and Security Act 2013.

TPIM proceedings

8 (1) Section 53(1) does not apply in relation to—

(a) any TPIM proceedings, or

(b) 35any proceedings arising out of any TPIM proceedings.

(2) But sub-paragraph (1) does not permit the disclosure of anything to—

(a) any person, other than the Secretary of State, who is or was a party
to the proceedings, or

(b) any person who—

(i) 40represents such a person for the purposes of the proceedings,
and

(ii) does so otherwise than by virtue of appointment as a special
advocate under Schedule 4 to the Terrorism Prevention and
Investigation Measures Act 2011.

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(3) In this paragraph “TPIM proceedings” has the same meaning as in the
Terrorism Prevention and Investigation Measures Act 2011.

TEO proceedings

9 (1) Section 53(1) does not apply in relation to—

(a) 5any TEO proceedings, or

(b) any proceedings arising out of any TEO proceedings.

(2) But sub-paragraph (1) does not permit the disclosure of anything to—

(a) any person, other than the Secretary of State, who is or was a party
to the proceedings, or

(b) 10any person who—

(i) represents such a person for the purposes of the proceedings,
and

(ii) does so otherwise than by virtue of appointment as a special
advocate under Schedule 3 to the Counter-Terrorism and
15Security Act 2015.

(3) In this paragraph “TEO proceedings” has the meaning given by paragraph
1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 (temporary
exclusion orders: proceedings).

Proceedings relating to freezing of terrorist assets etc.

10 (1) 20Section 53(1) does not apply in relation to—

(a) any financial restrictions proceedings, or

(b) any proceedings arising out of such proceedings.

(2) In this paragraph “financial restrictions proceedings” has the meaning given
by section 65 of the Counter-Terrorism Act 2008.

11 25Section 53(1) does not apply in relation to any proceedings—

(a) on an appeal under section 26, or an application under section 27, of
the Terrorist Asset-Freezing etc. Act 2010 (appeals and reviews by
the court), or

(b) on a claim arising from any matter to which such an appeal or
30application relates,

or any proceedings arising out of such proceedings.

12 But neither paragraph 10 nor paragraph 11 permits the disclosure of
anything to—

(a) any person, other than the Treasury, who is or was a party to the
35proceedings, or

(b) any person who—

(i) represents such a person for the purposes of the proceedings,
and

(ii) does so otherwise than by virtue of appointment as a special
40advocate.

Proceedings relating to release of prisoners etc. in Northern Ireland

13 (1) Section 53(1) does not apply in relation to—

(a) any proceedings before—

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(i) the Parole Commissioners for Northern Ireland, or

(ii) any Sentence Review Commissioners appointed under
section 1 of the Northern Ireland (Sentences) Act 1998, or

(b) any proceedings arising out of such proceedings.

(2) 5But sub-paragraph (1) does not permit the disclosure of anything to—

(a) any person, other than the Secretary of State, who is or was a party
to the proceedings, or

(b) any person who—

(i) represents such a person for the purposes of the proceedings,
10and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

Employment or industrial tribunal proceedings

14 (1) Section 53(1) does not apply in relation to any proceedings before an
15employment tribunal where the applicant, or the applicant’s
representatives, are excluded for all or part of the proceedings pursuant to—

(a) a direction to the tribunal by virtue of section 10(5)(b) or (c) of the
Employment Tribunals Act 1996 (exclusion from Crown
employment proceedings by direction of Minister in interests of
20national security), or

(b) a determination of the tribunal by virtue of section 10(6) of that Act
(determination by tribunal in interests of national security).

(2) Section 53(1) does not apply in relation to any proceedings before an
industrial tribunal in Northern Ireland where the applicant, or the
25applicant’s representatives, are excluded for all or part of the proceedings
pursuant to—

(a) a direction to the tribunal by virtue of Article 12(5)(b) or (c) of the
Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921S.I. 1996/1921
(N.I. 18)) (exclusion from Crown employment proceedings by
30direction of Minister in interests of national security), or

(b) a determination of the tribunal by virtue of Article 12(6) of that Order
(determination by tribunal in interests of national security).

(3) Section 53(1) does not apply in relation to any proceedings arising out of
proceedings within sub-paragraph (1) or (2).

15 35But paragraph 14 does not permit the disclosure of anything to—

(a) the person who is or was the applicant in the proceedings before the
employment or industrial tribunal, or

(b) any person who—

(i) represents that person for the purposes of any proceedings
40within paragraph 14, and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

Proceedings relating to dismissal for certain offences

16 Section 53(1) does not prohibit anything done in, for the purposes of, or in
45connection with, so much of any legal proceedings as relates to the fairness
or unfairness of a dismissal on the following grounds—

Investigatory Powers BillPage 216

(a) any conduct constituting an offence under section 3(1), 41(7) or 56;

(b) any conduct taking place before the coming into force of this
paragraph and constituting—

(i) an offence under section 1(1) or (2), 11(7) or 19 of the
5Regulation of Investigatory Powers Act 2000, or

(ii) an offence under section 1 of the Interception of
Communications Act 1985.

Proceedings on appeals relating to claims of discrimination in Northern Ireland

17 (1) Section 53(1) does not apply in relation to any proceedings on an appeal
10under Article 80(2) of the Fair Employment and Treatment (Northern
Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) where—

(a) the appeal relates to a claim of discrimination in contravention of
Part 3 of that Order (employment cases) and to a certificate of the
Secretary of State that the act concerned was justified for the purpose
15of safeguarding national security, and

(b) a party to the appeal, or the party’s representatives, are excluded for
all or part of the proceedings by virtue of section 91(4)(b) of the
Northern Ireland Act 1998.

(2) Section 53(1) does not apply in relation to any proceedings arising out of
20proceedings within sub-paragraph (1).

18 But paragraph 17 does not permit the disclosure of anything to—

(a) any person who is or was excluded from all or part of the
proceedings mentioned in paragraph 17(1), or

(b) any person who—

(i) 25represents such a person for the purposes of any proceedings
within paragraph 17, and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

Civil proceedings for enforcement of duty to assist with implementation of warrants

19 30Section 53(1) does not apply in relation to any civil proceedings under
section 41(8) of this Act or section 11(8) of the Regulation of Investigatory
Powers Act 2000 (enforcement of duty of operators to assist with
implementation of warrants).

Proceedings for certain offences

20 (1) 35Section 53(1) does not apply in relation to any proceedings for a relevant
offence.

(2) “Relevant offence” means—

(a) an offence under any provision of this Act;

(b) an offence under section 1 of the Interception of Communications
40Act 1985;

(c) an offence under any provision of the Regulation of Investigatory
Powers Act 2000;

(d) an offence under section 47 or 48 of the Wireless Telegraphy Act
2006;

(e) 45an offence under section 83 or 84 of the Postal Services Act 2000;

Investigatory Powers BillPage 217

(f) an offence under section 4 of the Official Secrets Act 1989 relating to
any such information, document or article as is mentioned in
subsection (3)(a) or (c) of that section;

(g) an offence under section 1 or 2 of the Official Secrets Act 1911 relating
5to any sketch, plan, model, article, note, document or information
which—

(i) incorporates, or relates to, the content of any intercepted
communication or any secondary data obtained from a
communication, or

(ii) 10tends to suggest that any interception-related conduct has or
may have occurred or may be going to occur;

(h) an offence of perjury committed in the course of any relevant
proceedings;

(i) an offence of attempting or conspiring to commit an offence falling
15within any of paragraphs (a) to (h);

(j) an offence under Part 2 of the Serious Crime Act 2007 in relation to
an offence falling within any of those paragraphs;

(k) an offence of aiding, abetting, counselling or procuring the
commission of an offence falling within any of those paragraphs;

(l) 20contempt of court committed in the course of, or in relation to, any
relevant proceedings.

(3) In this paragraph—

  • “intercepted communication” and “interception-related conduct” have
    the same meaning as in section 53;

  • 25“relevant proceedings” means any proceedings mentioned in
    paragraphs 4 to 19.

Disclosures to prosecutors and judges

21 (1) Nothing in section 53(1) prohibits—

(a) a disclosure to a person (“P”) conducting a criminal prosecution that
30is made for the purpose only of enabling P to determine what is
required of P by P’s duty to secure the fairness of the prosecution, or

(b) a disclosure to a relevant judge in a case in which the judge has
ordered the disclosure to be made to the judge alone.

(2) A relevant judge may order a disclosure under sub-paragraph (1)(b) only if
35the judge considers that the exceptional circumstances of the case make the
disclosure essential in the interests of justice.

(3) Where in any criminal proceedings—

(a) a relevant judge orders a disclosure under sub-paragraph (1)(b), and

(b) in consequence of that disclosure, the judge considers that there are
40exceptional circumstances requiring the judge to make a direction
under this sub-paragraph,

the judge may direct the person conducting the prosecution to make for the
purposes of the proceedings any admission of fact which the judge considers
essential in the interests of justice.

(4) 45But nothing in any direction under sub-paragraph (3) may authorise or
require anything to be done in contravention of section 53(1).

(5) In this paragraph “relevant judge” means—

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(a) any judge of the High Court or of the Crown Court or any Circuit
judge,

(b) any judge of the High Court of Justiciary or any sheriff,

(c) in relation to proceedings before the Court Martial, the judge
5advocate for those proceedings, or

(d) any person holding a judicial office that entitles the person to
exercise the jurisdiction of a judge falling within paragraph (a) or (b).

Disclosures to inquiries and inquests

22 (1) Nothing in section 53(1) prohibits—

(a) 10a disclosure to the panel of an inquiry held under the Inquiries Act
2005, or

(b) a disclosure to a person appointed as legal adviser to such an inquiry,

where, in the course of the inquiry, the panel has ordered the disclosure to
be made to the panel alone or (as the case may be) to the panel and any
15person appointed as legal adviser to the inquiry.

(2) The panel of an inquiry may order a disclosure under sub-paragraph (1)
only if it considers that the exceptional circumstances of the case make the
disclosure essential to enable the inquiry to fulfil its terms of reference.

(3) Any reference in this paragraph to a person appointed as legal adviser to an
20inquiry is a reference to a person appointed as solicitor or counsel to the
inquiry.

23 (1) Section 53(1) does not apply in relation to any restricted proceedings of an
inquiry held under the Inquiries Act 2005.

(2) Proceedings of an inquiry held under that Act are “restricted proceedings”
25for the purposes of this paragraph if any restrictions imposed under section
19 of that Act on attendance at the inquiry are in force in relation to the
proceedings.

(3) But sub-paragraph (1) does not permit any disclosure which has not been
made in accordance with paragraph 22(1).

24 (1) 30Nothing in section 53(1) prohibits—

(a) a disclosure to a person (the “nominated person”) nominated under
paragraph 3(1) of Schedule 10 to the Coroners and Justice Act 2009
(investigation by judge or former judge) to conduct an investigation
into a person’s death, or

(b) 35a disclosure to a person appointed as legal adviser to an inquest
forming part of an investigation conducted by the nominated person,

where, in the course of the investigation, the nominated person has ordered
the disclosure to be made to the nominated person alone or (as the case may
be) to the nominated person and any person appointed as legal adviser to
40the inquest.

(2) The nominated person may order a disclosure under sub-paragraph (1) only
if the person considers that the exceptional circumstances of the case make
the disclosure essential in the interests of justice.

(3) In a case where a person who is not a nominated person is or has been
45conducting an investigation under Part 1 of the Coroners and Justice Act
2009 into a person’s death, nothing in section 53(1) prohibits—

Investigatory Powers BillPage 219

(a) a disclosure to the person that there is intercepted material in
existence which is, or may be, relevant to the investigation;

(b) a disclosure to a person appointed as legal adviser to an inquest
forming part of the investigation which is made for the purposes of
5determining—

(i) whether any intercepted material is, or may be, relevant to
the investigation, and

(ii) if so, whether it is necessary for the material to be disclosed
to the person conducting the investigation.

(4) 10Any reference in this paragraph to a person appointed as legal adviser to an
inquest is a reference to a person appointed as solicitor or counsel to the
inquest.

Section 67(1)

SCHEDULE 4 Relevant public authorities and designated senior officers

15Part 1 Table of authorities and officers

Table
(1)
Relevant public authority
(2)
DSO: minimum office, rank or
position
(3)
Type of communications
data that may be obtained
by DSO
(4)
Paragraphs of
20section 58(7)
specified for DSO
Police force maintained under
section 2 of the Police Act
1996
Inspector Entity data (a), (b), (c), (d),
(e), (g) and (i)
Superintendent All 25(a), (b), (c), (d),
(e), (g) and (i)
Metropolitan police force Inspector Entity data (a), (b), (c), (d),
(e), (g) and (i)
Superintendent All (a), (b), (c), (d),
30(e), (g) and (i)
City of London police force Inspector Entity data (a), (b), (c), (d),
(e), (g) and (i)
Superintendent All (a), (b), (c), (d),
(e), (g) and (i)
Police Service of Scotland Inspector Entity data 35(a), (b), (c), (d),
(e), (g) and (i)
Superintendent All (a), (b), (c), (d),
(e), (g) and (i)
Police Service of Northern
Ireland
Inspector Entity data (a), (b), (c), (d),
40(e), (g) and (i)
Superintendent All (a), (b), (c), (d),
(e), (g) and (i)

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(1)
Relevant public authority
(2)
DSO: minimum office, rank or
position
(3)
Type of communications
data that may be obtained
by DSO
(4)
Paragraphs of
section 58(7)
specified for DSO
British Transport Police Force Inspector Entity data 5(a), (b), (c), (d),
(e), (g) and (i)
Superintendent All (a), (b), (c), (d),
(e), (g) and (i)
Ministry of Defence Police Inspector Entity data (a), (b), (c) and
10(g)
Superintendent All (a), (b), (c) and
(g)
Royal Navy Police Lieutenant Commander Entity data (a), (b), (c) and
(g)
Commander All 15(a), (b), (c) and
(g)
Royal Military Police Major Entity data (a), (b), (c) and
(g)
Lieutenant Colonel All (a), (b), (c) and
20(g)
Royal Air Force Police Squadron Leader Entity data (a), (b), (c) and
(g)
Wing Commander All (a), (b), (c) and
(g)
Security Service General Duties 4 or any other
level 4 officer
Entity data 25(a), (b) and (c)

General Duties 3 or any other
level 3 officer
All (a), (b) and (c)
Secret Intelligence Service Grade 6 All (a), (b) and (c)
GCHQ GC8 All 30(a), (b) and (c)
Ministry of Defence Member of the Senior Civil
Service or equivalent
All (a)

Grade 7 in the Fraud Defence
Unit
All (b)
Department of Health Grade 7 in the Medicines and
Healthcare Products
Regulatory Agency
All 35(b), (d) and (e)


Grade 7 in the Anti-Fraud
Unit
All (b)

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(1)
Relevant public authority
(2)
DSO: minimum office, rank or
position
(3)
Type of communications
data that may be obtained
by DSO
(4)
Paragraphs of
section 58(7)
specified for DSO
Home Office Immigration inspector or
equivalent with responsibility
for investigations or other
functions relating to
immigration and border
security
All 5(b)




10
Immigration inspector or
equivalent with responsibility
for anti-corruption in relation
to investigations or other
functions relating to
immigration and border
security
All (b)



15

Immigration inspector or
equivalent with responsibility
for asylum fraud
investigations
All (b)

20
Immigration inspector or
equivalent with responsibility
for security and intelligence
in the immigration detention
estate
All (b), (d) and (i)


25
Ministry of Justice Manager in the security
group of the National
Offender Management
Service responsible for
intelligence
Entity data (b) and (d)


30
Senior manager in the
security group of the National
Offender Management
Service responsible for
intelligence
All (b) and (d)


35
National Crime Agency Grade 3 Entity data (b), (g) and (i)
Grade 2 All (b), (g) and (i)
Her Majesty’s Revenue and
Customs
Higher officer Entity data (b) and (f)
40
Senior officer All (b) and (f)
Department for Transport Enforcement Officer in
Maritime and Coastguard
Agency
Entity data (b) and (d)

Head of Enforcement in
Maritime and Coastguard
Agency
All 45(b) and (d)

Maritime Operations
Commander (grade 7) in the
Maritime and Coastguard
Agency
All (g)

50
Principal Inspector in the Air
Accident Investigation
Branch, the Marine Accident
Investigation Branch or the
Rail Accident Investigation
Branch
All (d)


55

Investigatory Powers BillPage 222

(1)
Relevant public authority
(2)
DSO: minimum office, rank or
position
(3)
Type of communications
data that may be obtained
by DSO
(4)
Paragraphs of
section 58(7)
specified for DSO
Department for Work and
Pensions
Senior Executive Officer in
Fraud and Error Services
All 5(b)
Senior Executive Officer in
the Child Maintenance Group
Central Legal Services
All (b)

An ambulance trust in
England
Duty Manager of Ambulance
Trust Control Rooms
All 10(g)
Common Services Agency for
the Scottish Health Service
Head of Counter Fraud
Services
All (b)
Competition and Markets
Authority
Member of the Senior Civil
Service with responsibility for
cartels and criminal
enforcement
All (b)
15

Criminal Cases Review
Commission
Investigations Adviser All (h)
Department for the Economy
in Northern Ireland
Deputy chief inspector in
trading standards services
All 20(b)
Department of Justice in
Northern Ireland
Governor 4 in the Northern
Ireland Prison Service
All (b), (d) and (i)
Financial Conduct Authority Head of department in the
Enforcement and Market
Oversight Division
All (b) and (j)
25
A fire and rescue authority
under the Fire and Rescue
Services Act 2004
Watch Manager (Control) All (g)

Food Standards Agency Grade 6 All 30(b)
Food Standards Scotland Head of the Scottish Food
Crime and Incidents Unit
All (b)
Gambling Commission Senior manager All (b)
Gangmasters and Labour
Abuse Authority
Head of operations All (b)
35
Health and Safety Executive Band 1 inspector All (b), (d) and (e)
Independent Police
Complaints Commission
Deputy Chair or Director All (b) and (i)
Information Commissioner Group Manager Entity data (b)
Head of enforcement or an
equivalent grade
All 40(b)
National Health Service
Business Services Authority
Senior manager (of pay band
8b) in the Counter Fraud and
Security Management
Services Division
All (b)


45
Northern Ireland Ambulance
Service Health and Social
Care Trust
Watch Manager (Control) All (g)

Northern Ireland Fire and
Rescue Service Board
Watch Manager (Control) All (g)
50
Northern Ireland Health and
Social Care Regional Business
Services Organisation
Assistant Director Counter
Fraud and Probity Services
All (b)

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(1)
Relevant public authority
(2)
DSO: minimum office, rank or
position
(3)
Type of communications
data that may be obtained
by DSO
(4)
Paragraphs of
section 58(7)
specified for DSO
Office of Communications Senior associate All 5(b)
Office of the Police
Ombudsman for Northern
Ireland
Senior investigating officer All (b)

Police Investigations and
Review Commissioner
Commissioner or Director of
Investigations
All (b) and (i)
10
Scottish Ambulance Service
Board
Watch Manager (Control) All (g)
Scottish Criminal Cases
Review Commission
Investigations Adviser All (h)
Serious Fraud Office Grade 6 All 15(b)
Welsh Ambulance Services
National Health Service Trust
Watch Manager (Control) All (g)

Part 2 Interpretation of table

1 20In the table in Part 1 of this Schedule—

  • “ambulance trust in England” means—

    (a)

    an NHS trust all or most of whose hospitals, establishments
    and facilities are in England and which provides ambulance
    services, or

    25an NHS foundation trust which provides such services,

  • “entity data” means any communications data which is entity data.

Section 80(5)

SCHEDULE 5 Transfer and agency arrangements with public authorities: further
provisions

30Particular safeguards in connection with operation of section 66

1 (1) The following provisions apply where the functions of the Secretary of State
under section 64 are exercisable by a public authority by virtue of
regulations under section 80(1).

(2) The measures adopted or arrangements made by the public authority for the
35purpose of complying with the requirements of section 66 must be such as
are approved by the Secretary of State.

(3) Any report required by section 66(6)(b) or (8) must be made to the Secretary
of State as well as to the Investigatory Powers Commissioner.

Investigatory Powers BillPage 224

Requirement for public authority to provide reports to Secretary of State

2 (1) A public authority, when exercising functions by virtue of regulations under
section 80(1), must at least once in each calendar year make a report to the
Secretary of State on—

(a) 5the discharge of the functions, and

(b) such other matters as the Secretary of State may by regulations
require.

(2) Regulations under section 80(1) may, in particular, modify sub-paragraph
(1) as it has effect in relation to the calendar year in which the regulations
10come into force or are revoked.

(3) The Secretary of State may agree to a report under this paragraph being
combined with any other report which the public authority concerned is
required to, or may, make to the Secretary of State.

Transfer schemes in connection with transfer of functions

3 (1) 15The Secretary of State may, in connection with regulations under section
80(1), make a scheme for the transfer of property, rights or liabilities.

(2) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities which could not otherwise be
transferred,

(b) 20property acquired, and rights and liabilities arising, after the making
of the scheme.

(3) A transfer scheme may make consequential, supplementary, incidental,
transitional, transitory or saving provision and may, in particular—

(a) create rights, or impose liabilities, in relation to property or rights
25transferred,

(b) make provision about the continuing effect of things done by, on
behalf of or in relation to the transferor in respect of anything
transferred,

(c) make provision about the continuation of things (including legal
30proceedings) in the process of being done by, on behalf of or in
relation to the transferor in respect of anything transferred,

(d) make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee,

(e) 35make provision for the shared ownership or use of property,

(f) if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.

(4) A transfer scheme may provide—

(a) for modification by agreement,

(b) 40for modifications to have effect from the date when the original
scheme came into effect.

(5) A transfer scheme may confer a discretion on the Secretary of State to pay
compensation to any person whose interests are adversely affected by the
scheme.

Investigatory Powers BillPage 225

(6) A transfer scheme may be included in regulations under section 80(1) but, if
not so included, must be laid before Parliament after being made.

(7) For the purposes of this paragraph references to rights and liabilities include
references to—

(a) 5rights and liabilities relating to a contract of employment, and

(b) rights and liabilities of the Crown relating to the terms of
employment of individuals in the civil service.

(8) Accordingly, a transfer scheme may, in particular, provide—

(a) for—

(i) 10an individual employed in the civil service to become an
employee of the transferee, or

(ii) an employee of the transferor to become an employee of the
transferee or an individual employed in the civil service,

(b) for—

(i) 15the individual’s terms of employment in the civil service to
have effect (subject to any necessary modifications) as the
terms of the individual’s contract of employment with the
transferee, or

(ii) (as the case may be) the individual’s contract of employment
20to have effect (subject to any necessary modifications) as the
terms of the individual’s contract of employment with the
transferee or, where the transferee is the Secretary of State,
the individual’s terms of employment with the civil service,

(c) for the transfer of rights and liabilities of the Crown or another public
25authority under or in connection with the individual’s terms of
employment.

(9) In this paragraph—

  • “civil service” means the civil service of the State,

  • TUPE regulations” means the Transfer of Undertakings (Protection of
    30Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246),

and references to the transfer of property include the grant of a lease.

Tax in connection with transfer schemes

4 (1) The Treasury may by regulations make provision varying the way in which
a relevant tax has effect in relation to—

(a) 35anything transferred under a transfer scheme, or

(b) anything done for the purposes of, or in relation to, a transfer under
a transfer scheme.

(2) The provision which may be made under sub-paragraph (1)(a) includes, in
particular, provision for—

(a) 40a tax provision not to apply, or to apply with modifications, in
relation to anything transferred,

(b) anything transferred to be treated in a specified way for the purposes
of a tax provision,

(c) the Secretary of State to be required or permitted to determine, or
45specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything transferred.

Investigatory Powers BillPage 226

(3) The provision which may be made under sub-paragraph (1)(b) includes, in
particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in
relation to anything done for the purposes of, or in relation to, the
5transfer,

(b) anything done for the purposes of, or in relation to, the transfer to
have or not have a specified consequence or be treated in a specified
way,

(c) the Secretary of State to be required or permitted to determine, or
10specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything done for the purposes of, or in relation to, the transfer.

(4) In this paragraph—

  • “relevant tax” means income tax, corporation tax, capital gains tax,
    15stamp duty, stamp duty reserve tax or stamp duty land tax,

  • “tax provision” means any provision—

    (a)

    about a relevant tax, and

    (b)

    made by an enactment,

  • “transfer scheme” means a transfer scheme under paragraph 3,

20and references to the transfer of property include the grant of a lease.

Supplementary and other general provision

5 The power to make regulations under section 80(1) includes, in particular,
power to—

(a) modify any enactment about a public authority for the purpose of
25enabling or otherwise facilitating any function under sections 64 to
66 to be exercisable by the public authority,

(b) impose requirements or confer other functions on a public authority
in connection with functions transferred by the regulations.

6 The power to make regulations under—

(a) 30section 80, or

(b) paragraph 4 above,

including that power as extended (whether by section 242(1) or otherwise)
may, in particular, be exercised by modifying any enactment (including this
Act).

Investigatory Powers BillPage 227

Section 101

SCHEDULE 6 Issue of warrants under section 101 etc: table

Part 1 Table: Part 1

Law enforcement chiefs Appropriate delegates 5Appropriate law
enforcement officers
The Chief Constable of a
police force maintained
under section 2 of the
Police Act 1996.
The person who is the
appropriate deputy chief
constable for the purposes
of section 12A(1) of the
Police Act 1996.

The person holding the
rank of assistant chief
constable designated to
act under section 12A(2)
of that Act.

If it is not reasonably
practicable for either of
those persons to act, any
other person holding the
rank of assistant chief
constable in the force.
A member of the police
force, a member of a
collaborative force or a
10National Crime Agency
officer who is included in
a collaboration agreement
with the police force.

15




20



The Commissioner, or an
Assistant Commissioner,
of the metropolitan police
force.
A person holding the rank
of commander in the
metropolitan police force.
A member of the
25metropolitan police force,
a member of a
collaborative force or a
National Crime Agency
officer who is included in
30a collaboration agreement
with the metropolitan
police force.
The Commissioner of
Police for the City of
London.
The person authorised to
act under section 25 of the
City of London Police Act
1839 or, if it is not
reasonably practicable for
that person to act, a
person holding the rank
of commander in the City
of London police force.
A member of the City of
London police force, a
35member of a collaborative
force or a National Crime
Agency officer who is
included in a
collaboration agreement
40with the City of London
police force.

Investigatory Powers BillPage 228

Law enforcement chiefs Appropriate delegates Appropriate law
enforcement officers
The chief constable of the
Police Service of Scotland.
Any deputy chief
constable or assistant
chief constable of the
Police Service of Scotland
who is designated for the
purpose by the chief
constable.
A constable of the Police
Service of Scotland.
5



The Chief Constable or a
Deputy Chief Constable
of the Police Service of
Northern Ireland.
A person holding the rank
of assistant chief
constable in the Police
Service of Northern
Ireland.
10A member of the Police
Service of Northern
Ireland.

The Director General of
the National Crime
Agency.
A senior National Crime
Agency Officer
designated for the
purpose by the Director
General of the National
Crime Agency.
15A National Crime Agency
officer or a member of a
collaborative police force.


20
The Chief Constable of
the British Transport
Police Force.
A person holding the rank
of deputy or assistant
chief constable in the
British Transport Police
Force.
A member of the British
Transport Police Force.


25
The Chief Constable of
the Ministry of Defence
Police.
A person holding the rank
of deputy chief constable
or assistant chief
constable in the Ministry
of Defence Police.
A member of the Ministry
of Defence Police.


30
The Provost Marshal of
the Royal Navy Police.
A person holding the
position of deputy
Provost Marshal in the
Royal Navy Police.
A member of the Royal
Navy Police.

The Provost Marshal of
the Royal Military Police.
A person holding the
position of deputy
Provost Marshal in the
Royal Military Police.
35A member of the Royal
Military Police.

The Provost Marshal of
the Royal Air Force
Police.
A person holding the
position of deputy
Provost Marshal in the
Royal Air Force Police.
A member of the Royal
40Air Force Police.

Investigatory Powers BillPage 229

Part 2 Table: Part 2

Law enforcement chiefs Appropriate delegates Appropriate law
enforcement officers
An immigration officer
who is a senior official
and who is designated for
the purpose by the
Secretary of State.
A senior official in the
department of the
Secretary of State by
whom functions relating
to immigration are
exercisable who is
designated for the
purpose by the Secretary
of State.
5An immigration officer.




10


An officer of Revenue and
Customs who is a senior
official and who is
designated for the
purpose by the
Commissioners for Her
Majesty’s Revenue and
Customs.
An officer of Revenue and
Customs who is a senior
official and who is
designated for the
purpose by the
Commissioners for Her
20Majesty’s Revenue and
Customs.
An officer of Revenue and
15Customs.





A designated customs
official who is a senior
official and who is
designated for the
purpose by the Secretary
of State.
A designated customs
official who is a senior
official and who is
25designated for the
purpose by the Secretary
of State.
A designated customs
official.



The Chair of the
Competition and Markets
Authority.
An officer of the
Competition and Markets
Authority designated by
it for the purpose.
An officer of the
Competition and Markets
30Authority.
The chairman, or a
deputy chairman, of the
Independent Police
Complaints Commission.
A member (other than the
chair or a deputy
chairman) of the
Independent Police
Complaints Commission
who is designated by the
chairman for the purpose.
A person designated
under paragraph 19(2) of
Schedule 3 to the Police
35Reform Act 2002 to take
charge of, or to assist
with, the investigation to
which the warrant under
section 101(1) relates (or
40would relate if issued).
The Police Investigations
and Review
Commissioner.
A staff officer of the Police
Investigations and
Review Commissioner
who is designated by the
45Commissioner for the
purpose.
A staff officer of the Police
Investigations and
Review Commissioner.


Part 3 Interpretation of the table

1 (1) This paragraph applies for the purposes of the first three entries in Part 1 of
the table.

(2) 5A police force (police force 1) is a collaborative force in relation to another
police force (police force 2) if—

(a) the chief officers of both police forces are parties to the same
agreement under section 22A of the Police Act 1996, and

(b) the members of police force 1 are permitted by the terms of the
10agreement to make applications under section 101 to the chief officer
of police force 2.

(3) A National Crime Agency officer is included in a collaboration agreement
with a police force if—

(a) the Director General of the National Crime Agency and the chief
15officer of the police force are parties to the same agreement under
section 22A of the Police Act 1996, and

(b) the National Crime Agency officer is permitted by the terms of the
agreement to make applications under section 101 to the chief officer
of the police force.

2 (1) 20This paragraph applies for the purposes of the sixth entry in Part 1 of the
table (which relates to the National Crime Agency).

(2) A police force is a collaborative police force in relation to the National Crime
Agency if—

(a) the chief officer of the police force and the Director General of the
25National Crime Agency are parties to the same agreement under
section 22A of the Police Act 1996, and

(b) the members of the police force are permitted by the terms of the
agreement to make applications under section 101 to the Director
General of the National Crime Agency.

3 30For the purpose of the sixth entry in Part 2 of the table, the reference to a staff
officer of the Police Investigations and Review Commissioner is a reference
to any person who—

(a) is a member of the Commissioner’s staff appointed under paragraph
7A of schedule 4 to the Police, Public Order and Criminal Justice
35(Scotland) Act 2006 (asp 10)2006 (asp 10), or

(b) is a member of the Commissioner’s staff appointed under paragraph
7 of that schedule to whom paragraph 7B(2) of that schedule applies.

4 In this Schedule, “police force” means—

(a) any police force maintained under section 2 of the Police Act 1996;

(b) 40the metropolitan police force;

(c) the City of London police force.

Investigatory Powers BillPage 231

Section 219

SCHEDULE 7 Codes of practice

Scope of codes

1 (1) The Secretary of State must issue one or more codes of practice about the
5exercise of functions conferred by virtue of this Act.

(2) Sub-paragraph (1) does not apply in relation to—

(a) any functions conferred by virtue of this Act on—