Investigatory Powers Bill (HL Bill 62)

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(e) the processing of the data together with other data,

(f) the processes for determining how long the data should be held and
for the destruction of the data.

Procedural requirements

4 (1) 5Before issuing a code the Secretary of State must—

(a) prepare and publish a draft of the code, and

(b) consider any representations made about it,

and may modify the draft.

(2) The Secretary of State must, in particular, consult the Investigatory Powers
10Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.

(3) A code comes into force in accordance with regulations made by the
Secretary of State.

(4) A statutory instrument containing such regulations may not be made unless
15a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(5) When a draft instrument is laid, the code to which it relates must also be laid.

(6) No draft instrument may be laid until the consultation required by sub-
paragraphs (1) and (2) has taken place.

20Revision of codes

5 (1) The Secretary of State may from time to time revise the whole or part of a
code.

(2) Before issuing any revision of a code the Secretary of State must—

(a) prepare and publish a draft, and

(b) 25consider any representations made about it,

and may modify the draft.

(3) The Secretary of State must, in particular, consult the Investigatory Powers
Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.

(4) 30A revision of a code comes into force in accordance with regulations made
by the Secretary of State.

(5) A statutory instrument containing such regulations must be laid before
Parliament if the regulations have been made without a draft having been
laid before, and approved by a resolution of, each House of Parliament.

(6) 35When an instrument or draft instrument is laid, the revision of a code to
which it relates must also be laid.

(7) No instrument or draft instrument may be laid until the consultation
required by sub-paragraphs (2) and (3) has taken place.

Effect of codes

6 (1) 40A person must have regard to a code when exercising any functions to which
the code relates.

Investigatory Powers BillPage 233

(2) A failure on the part of a person to comply with any provision of a code does
not of itself make that person liable to criminal or civil proceedings.

(3) A code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a person
5to have regard to a code in determining a question in any such proceedings.

(5) A supervisory authority exercising functions by virtue of this Act may take
into account a failure by a person to have regard to a code in determining a
question which arises in connection with the exercise of those functions.

(6) In this paragraph “supervisory authority” means—

(a) 10the Investigatory Powers Commissioner or any other Judicial
Commissioner,

(b) the Information Commissioner, or

(c) the Investigatory Powers Tribunal.

Section 224

SCHEDULE 8 15Combination of warrants and authorisations

Part 1 Combinations with targeted interception warrants

Warrants that may be issued by Secretary of State

1 The Secretary of State may, on an application made by or on behalf of the
20head of an intelligence service, issue a warrant that combines a targeted
interception warrant which the Secretary of State has power to issue under
section 19(1) with one or more of the following—

(a) a targeted examination warrant which the Secretary of State has
power to issue under section 19(2);

(b) 25a targeted equipment interference warrant which the Secretary of
State has power to issue under section 97(1);

(c) a targeted examination warrant which the Secretary of State has
power to issue under section 97(3);

(d) a warrant which the Secretary of State has power to issue under
30section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy);

(e) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(f) an authorisation under section 32 of that Act (authorisation of
35intrusive surveillance).

2 The Secretary of State may, on an application made by or on behalf of the
Chief of Defence Intelligence, issue a warrant that combines a targeted
interception warrant which the Secretary of State has power to issue under
section 19(1) with one or more of the following—

(a) 40a targeted equipment interference warrant which the Secretary of
State has power to issue under section 99;

Investigatory Powers BillPage 234

(b) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(c) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

3 (1) 5The Secretary of State may, on an application made by or on behalf of a
relevant intercepting authority, issue a warrant that combines a targeted
interception warrant which the Secretary of State has power to issue under
section 19(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
10chief has power to issue under section 101;

(b) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(d) 15an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

(2) For the purposes of sub-paragraph (1), each of the following is a “relevant
intercepting authority”—

(a) the Director General of the National Crime Agency;

(b) 20the Commissioner of Police of the Metropolis;

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the chief constable of the Police Service of Scotland;

(e) the Commissioners for Her Majesty’s Revenue and Customs.

Warrants that may be issued by Scottish Ministers

4 25The Scottish Ministers may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines a targeted
interception warrant which the Scottish Ministers have power to issue under
section 21(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have
30power to issue under section 21(2);

(b) a targeted equipment interference warrant which the Scottish
Ministers have power to issue under section 98(1);

(c) a targeted examination warrant which the Scottish Ministers have
power to issue under section 98(2);

(d) 35a warrant which the Scottish Ministers have power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy).

5 The Scottish Ministers may, on an application made by or on behalf of the
chief constable of the Police Service of Scotland, issue a warrant that
40combines a targeted interception warrant which the Scottish Ministers have
power to issue under section 21(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 101;

(b) an authorisation under section 93 of the Police Act 1997
45(authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

Investigatory Powers BillPage 235

(d) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

6 The Scottish Ministers may, on an application made by or on behalf of the
chief constable of the Police Service of Scotland, issue a warrant that
5combines a targeted interception warrant which the Scottish Ministers have
power to issue under section 21(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 101;

(b) an authorisation under section 93 of the Police Act 1997
10(authorisations to interfere with property);

(c) an authorisation under section 6 of the Regulation of Investigatory
Powers (Scotland) Act 2000 (2000 asp 112000 asp 11) (authorisation of directed
surveillance);

(d) an authorisation under section 10 of that Act (authorisation of
15intrusive surveillance).

7 (1) The Scottish Ministers may, on an application made by or on behalf of a
relevant intercepting authority, issue a warrant that combines a targeted
interception warrant which the Scottish Ministers have power to issue under
section 21(1) with one or more of the following—

(a) 20a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 101;

(b) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property).

(2) For the purposes of sub-paragraph (1), each of the following is a “relevant
25intercepting authority”—

(a) the Director General of the National Crime Agency;

(b) the Commissioner of Police of the Metropolis;

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the Commissioners for Her Majesty’s Revenue and Customs.

30Part 2 Other combinations involving targeted equipment interference warrants

Warrants that may be issued by Secretary of State

8 The Secretary of State may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines a targeted
35equipment interference warrant which the Secretary of State has power to
issue under section 97(1) with one or more of the following—

(a) a targeted examination warrant which the Secretary of State has
power to issue under section 97(3);

(b) a targeted examination warrant which the Secretary of State has
40power to issue under section 19(2);

(c) a warrant which the Secretary of State has power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy);

(d) an authorisation under section 28 of the Regulation of Investigatory
45Powers Act 2000 (authorisation of directed surveillance);

(e) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

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9 The Secretary of State may, on an application made by or on behalf of the
Chief of Defence Intelligence, issue a warrant that combines a targeted
equipment interference warrant which the Secretary of State has power to
issue under section 99 with one or more of the following—

(a) 5an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(b) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

Warrants that may be issued by Scottish Ministers

10 10The Scottish Ministers may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines a targeted
equipment interference warrant which the Scottish Ministers have power to
issue under section 98(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have
15power to issue under section 98(2);

(b) a targeted examination warrant which the Scottish Ministers have
power to issue under section 21(2);

(c) a warrant which the Scottish Ministers have power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
20interference with property or wireless telegraphy).

Warrants that may be issued by other persons

11 (1) A law enforcement chief may, on an application made by a person who is an
appropriate law enforcement officer in relation to the chief, issue a warrant
that combines a targeted equipment interference warrant which the law
25enforcement chief has power to issue under section 101 with one or more of
the following—

(a) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property);

(b) an authorisation under section 28 of the Regulation of Investigatory
30Powers Act 2000 (authorisation of directed surveillance);

(c) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

(2) For the purposes of this paragraph, references to a “law enforcement chief”
and an “appropriate law enforcement officer” are to be read in accordance
35with section 101(4).

12 (1) A law enforcement chief within sub-paragraph (2) may, on an application
made by a person who is an appropriate law enforcement officer in relation
to the chief, issue a warrant that combines a targeted equipment interference
warrant which the law enforcement chief has power to issue under section
40101 with one or more of the following—

(a) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property);

(b) an authorisation under section 6 of the Regulation of Investigatory
Powers (Scotland) Act 2000 (2000 asp 112000 asp 11) (authorisation of directed
45surveillance);

(c) an authorisation under section 10 of that Act (authorisation of
intrusive surveillance).

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(2) The law enforcement chiefs mentioned in sub-paragraph (1) are—

(a) the chief constable of the Police Service of Scotland, and

(b) the Police Investigations and Review Commissioner.

(3) For the purposes of this paragraph, references to a “law enforcement chief”
5and an “appropriate law enforcement officer” are to be read in accordance
with section 101(5).

Part 3 Combinations involving targeted examination warrants only

13 The Secretary of State may, on an application made by or on behalf of the
10head of an intelligence service, issue a warrant that combines—

(a) a targeted examination warrant which the Secretary of State has
power to issue under section 19(2), with

(b) a targeted examination warrant which the Secretary of State has
power to issue under section 97(3).

14 15The Scottish Ministers may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines—

(a) a targeted examination warrant which the Scottish Ministers have
power to issue under section 21(2), with

(b) a targeted examination warrant which the Scottish Ministers have
20power to issue under section 98(2).

Part 4 Combined warrants: supplementary provision

Introductory

15 In this Part of this Schedule “combined warrant” means a warrant issued
25under any of Parts 1 to 3 of this Schedule.

General

16 (1) Where Part 1, 2 or 3 of this Schedule provides for a person to have power, on
an application made by or on behalf of any person (“the applicant”), to issue
a combined warrant that includes any warrant or other authorisation, the
30person may issue a combined warrant containing that warrant or
authorisation, whether or not that person would have power, on an
application made by or on behalf of the applicant, to issue that warrant, or
to give that authorisation, as a single instrument.

(2) Where Part 1, 2 or 3 of this Schedule provides for a person to have power to
35apply for a combined warrant, the person may apply for a combined
warrant containing any warrant or other authorisation that may be included
in it, provided that—

(a) the person could apply for that warrant or authorisation as a single
instrument, or

(b) 40the organisation on whose behalf the person is acting, or another
person who is a member of staff or an officer of the organisation or
who is otherwise acting on its behalf, could apply for that warrant or
authorisation as a single instrument.

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17 (1) A combined warrant must be addressed to the person by whom, or on
whose behalf, the application for the combined warrant was made.

(2) Any reference in this Act to the person to whom a warrant is or was
addressed is to be read, in the case of a combined warrant containing such a
5warrant, as a reference to the person to whom the combined warrant is or
was addressed.

18 A combined warrant must contain a provision stating which warrants or
other authorisations are included in the combined warrant.

19 Any reference in any enactment to a warrant or other authorisation of a
10particular description issued or given under any enactment includes, in the
case of a combined warrant containing a warrant or authorisation of that
description, a reference to so much of the combined warrant as consists of
such a warrant or authorisation.
This is subject to any provision made by or under the following provisions
15of this schedule.

Rules about issue etc. applying separately in relation to each part of a combined warrant

20 (1) The law about the following matters, so far as relating to a warrant or other
authorisation that may be included in a combined warrant, applies in
relation to so much of a combined warrant as consists of such a warrant or
20authorisation—

(a) the duties imposed by section 2 (general duties in relation to
privacy);

(b) any conditions that must be met before such a warrant or
authorisation may be issued or given;

(c) 25the grounds on which such a warrant or authorisation may be issued
or given;

(d) the conduct that may be authorised by such a warrant or
authorisation;

(e) any requirements as to what must be included in such a warrant or
30authorisation;

(f) any conditions that must be met before such a warrant or
authorisation may be renewed and the grounds on which it may be
renewed;

(g) any conditions that must be met before such a warrant or
35authorisation may be modified;

(h) the grounds on which such a warrant or authorisation may be
modified and the procedural rules that apply to such a modification;

(i) the circumstances in which such a warrant or authorisation may or
must be cancelled.

(2) 40In sub-paragraph (1)(g) “procedural rules”, in relation to the modification of
a warrant or other authorisation, means the law about any of the following
matters—

(a) the involvement of Judicial Commissioners in decisions;

(b) the delegation of decisions;

(c) 45the signing of instruments making a modification;

(d) urgent cases.

(3) Sub-paragraph (1) is subject to paragraphs 21 to 26.

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Rules about issue etc. applying in relation to combined warrants

21 (1) A combined warrant under Part 1 of this Schedule addressed to any person
may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
5interception warrant addressed to that person (see Chapter 1 of Part 2 of this
Act).

(2) In sub-paragraph (1) “procedural rules”, in relation to a warrant, means the
law about any of the following matters—

(a) the involvement of Judicial Commissioners in decisions;

(b) 10the delegation of decisions;

(c) the signing of warrants;

(d) urgent cases.

(3) But if a combined warrant under paragraph 1 or 4 includes a warrant which
the person issuing the combined warrant has power to issue under section 5
15of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement
(arising from sub-paragraph (1) above) for the involvement of Judicial
Commissioners in the decision whether to issue or renew the combined
warrant does not apply in relation to the part of the combined warrant
consisting of the section 5 warrant.

22 (1) 20A combined warrant under Part 2 of this Schedule addressed to any person
may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
equipment interference warrant addressed to that person (see Part 5 of this
Act).

(2) 25In sub-paragraph (1) “procedural rules” has the same meaning as in
paragraph 21(1).

(3) But if a combined warrant under paragraph 8 or 10 includes a warrant which
the person issuing the combined warrant has power to issue under section 5
of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement
30(arising from sub-paragraph (1) above) for the involvement of Judicial
Commissioners in the decision whether to issue or renew the combined
warrant does not apply in relation to the part of the combined warrant
consisting of the section 5 warrant.

23 (1) A combined warrant under Part 3 of this Schedule addressed to any person
35may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
examination warrant under section 19(2) addressed to that person (see
Chapter 1 of Part 2 of this Act).

(2) In sub-paragraph (1) “procedural rules” has the same meaning as in
40paragraph 21(1).

24 (1) In consequence of paragraphs 21 and 22, the following provisions of the
Police Act 1997 do not apply in relation to an authorisation under section 93
of that Act which is included in a combined warrant—

(a) section 96 (notification of authorisations to Judicial Commissioner);

(b) 45section 97 (authorisations requiring approval);

(c) section 103(1), (2) and (4) (power to quash or cancel authorisations);

(d) section 104 (appeals to Investigatory Powers Commissioner).

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(2) Section 103(6) of that Act applies where a combined warrant containing an
authorisation under section 93 of that Act is cancelled as it applies where
such an authorisation is cancelled under section 103(4) of that Act.

25 In consequence of paragraphs 21 and 22, the following provisions of the
5Regulation of Investigatory Powers Act 2000 do not apply in relation to an
authorisation under section 32 of that Act which is included in a combined
warrant—

(a) section 35 (notification of authorisations to Judicial Commissioner);

(b) section 36 (approval required for authorisations to take effect);

(c) 10section 37(2) to (4) (power to quash or cancel authorisations);

(d) section 38 (appeals to Investigatory Powers Commissioner).

26 In consequence of paragraphs 21 and 22, the following provisions of the
Regulation of Investigatory Powers (Scotland) Act 2000 do not apply in
relation to an authorisation under section 10 of that Act which is included in
15a combined warrant—

(a) section 13 (notification of authorisations to Judicial Commissioner);

(b) section 14 (approval required for authorisations to take effect);

(c) section 15(1) to (3) (power to quash or cancel authorisations);

(d) section 16 (appeals to Investigatory Powers Commissioner).

20Modification of rules as to duration

27 (1) Where a combined warrant includes warrants or authorisations which (as
single instruments) would cease to have effect at the end of different periods,
the combined warrant is to cease to have effect at the end of the shortest of
the periods (unless renewed).

(2) 25But sub-paragraph (1) does not apply to a combined warrant which—

(a) includes an authorisation under section 28 of the Regulation of
Investigatory Powers Act 2000 (authorisation of directed
surveillance),

(b) is addressed to the head of an intelligence service, and

(c) 30is issued with the approval of a Judicial Commissioner.

(3) In such a case, the combined warrant (unless it is renewed) is to cease to have
effect at the end of the period of 6 months beginning with the day on which
it is issued.

Special rules about the application of this Act to combined warrants

28 (1) 35This paragraph applies where under section 24(3) a Judicial Commissioner
refuses to approve a decision to issue a combined warrant under Part 1 or 3
of this Schedule.

(2) Section 25 has effect in relation to the combined warrant as if—

(a) any reference in subsection (3) of that section to a targeted
40interception warrant or targeted examination warrant were a
reference to so much of the combined warrant as consisted of such a
warrant, and

(b) any other reference in that section to a warrant were a reference to
the combined warrant.

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(3) Where the combined warrant included a targeted equipment interference
warrant or targeted examination warrant which the person who issued the
combined warrant has power to issue under Part 5 of this Act, section 105
has effect in relation to the combined warrant as if—

(a) 5any reference in subsection (3)(b) or (c) of that section to a targeted
equipment interference warrant were a reference to so much of the
combined warrant as consisted of such a warrant,

(b) any reference in subsection (4) of that section to a targeted
examination warrant were a reference to so much of the combined
10warrant as consisted of such a warrant, and

(c) any other reference in that section to a warrant were a reference to
the combined warrant.

29 Where under section 104(3) a Judicial Commissioner refuses to approve the
decision to issue a combined warrant under Part 2 of this Schedule, section
15105 has effect in relation to the combined warrant as if—

(a) any reference in subsection (3)(b) or (c) of that section to a targeted
equipment interference warrant were a reference to so much of the
combined warrant as consisted of such a warrant,

(b) any reference in subsection (4) of that section to a targeted
20examination warrant were a reference to so much of the combined
warrant as consisted of such a warrant, and

(c) any other reference in that section to a warrant were a reference to
the combined warrant.

30 (1) This paragraph applies to any provision in Part 2 or 5 of this Act that enables
25a person to whom a warrant is addressed to require the provision of
assistance in giving effect to the warrant.

(2) In the case of a combined warrant containing such a warrant, the provision
is to be read as enabling the person to whom the combined warrant is
addressed to require the provision of assistance in giving effect to so much
30of the combined warrant as consists of such a warrant.

(3) Accordingly, any power to serve a copy of a warrant for that purpose
includes power, in the case of such a combined warrant, to serve the part of
the combined warrant consisting of such a warrant.

31 Any reference in section 53 (exclusion of matters from legal proceedings) to
35the making of an application for a warrant, or the issue of a warrant, under
Chapter 1 of Part 2 of this Act includes a reference to—

(a) the making of an application for a combined warrant that includes a
warrant under that Chapter, so far as relating to disclosing or
suggesting the inclusion of such a warrant, or

(b) 40the inclusion of a warrant under that Chapter in a combined warrant.

32 (1) The reference in section 55(6) to the provisions of Part 2 of this Act is to be
read, in the case of a combined warrant containing a targeted interception
warrant or targeted examination warrant which the person who issued the
combined warrant has power to issue under that Part, as including a
45reference to this Schedule.

(2) The reference in section 125(4) to the provisions of Part 5 of this Act is to be
read, in the case of a combined warrant containing a targeted equipment
interference warrant or targeted examination warrant which the person who