Investigatory Powers Bill (HL Bill 62)

Investigatory Powers BillPage 242

issued the combined warrant has power to issue under that Part, as
including a reference to this Schedule.

Power to make consequential amendments

33 The Secretary of State may by regulations make such provision modifying
5any provision made by or under an enactment (including this Schedule) as
the Secretary of State considers appropriate in consequence of any provision
made by this Schedule.

Section 245(1)

SCHEDULE 9 Transitional, transitory and saving provision

10Lawful interception of communications

1 Any agreement which, immediately before the day on which section 10
comes into force, is designated for the purposes of section 1(4) of the
Regulation of Investigatory Powers Act 2000 is to be treated, on and after
that day, as designated as an international mutual assistance agreement by
15regulations under section 10(3) of this Act.

Authorisations for obtaining communications data

2 The reference to the Gangmasters and Labour Abuse Authority in the table
in Part 1 of Schedule 4 is to be read, in relation to any time before the day on
which section 10(1) of the Immigration Act 2016 (renaming of Gangmasters
20Licensing Authority) comes into force, as a reference to the Gangmasters
Licensing Authority.

Retention of communications data

3 (1) A retention notice under section 1 of the Data Retention and Investigatory
Powers Act 2014 which is in force immediately before the commencement
25day is to be treated, on or after that day, as a retention notice under section
84 of this Act; and Part 4 of this Act is to be read accordingly but as if section
86(1) to (11) were omitted.

(2) In particular—

(a) anything which, immediately before the commencement day, is in
30the process of being done by virtue of, or in relation to, a retention
notice under section 1 of the Act of 2014 may be continued as if being
done by virtue of, or in relation to, a retention notice under section 84
of this Act, and

(b) anything done by virtue of, or in relation to, a retention notice under
35section 1 of the Act of 2014 is, if in force or effective immediately
before the commencement day, to have effect as if done by virtue of,
or in relation to, a retention notice under section 84 of this Act so far
as that is required for continuing its effect on or after the
commencement day.

(3) 40Sub-paragraphs (1) and (2) cease to apply, in relation to any retention notice
under section 1 of the Act of 2014—

Investigatory Powers BillPage 243

(a) at the end of the period of six months beginning with the
commencement day, or

(b) if earlier, on the revocation in full of the notice.

(4) Section 225 applies in relation to costs incurred in complying with a
5retention notice under section 1 of the Act of 2014 which has continued in
force on or after the commencement day as it applies in relation to costs
incurred in complying with retention notices under section 84 of this Act but
as if section 225(7) were omitted.

(5) The Secretary of State may revoke (whether wholly or in part) a retention
10notice under section 1 of the Act of 2014.

(6) The fact that a retention notice under section 1 of the Act of 2014 has, in
relation to a particular description of data and a particular operator (or
description of operators), ceased to have effect or been revoked does not
prevent the giving of a retention notice under section 84 of this Act in
15relation to the same description of data and the same operator (or
description of operators).

(7) In this paragraph “the commencement day” is the day on which section 1(1)
of the Act of 2014 is repealed.

4 (1) The repeal of section 1(7) of the Data Retention and Investigatory Powers
20Act 2014 does not affect the continued operation, during the transitional
period mentioned in sub-paragraph (2), of regulations made under section
1(7) of that Act.

(2) The transitional period mentioned in this sub-paragraph is the period of six
months beginning with the day on which section 1(7) of the Act of 2014 is
25repealed.

(3) In their continued operation by virtue of sub-paragraph (1), the regulations
made under section 1(7) of the Act of 2014 have effect subject to such
modifications (if any) as may be specified in regulations under section
245(2).

30Definitions of “other relevant crime” and “serious crime”

5 (1) The definitions of—

(a) “other relevant crime” in section 59(6), and

(b) “serious crime” in section 239(1),

are to be read, until the appointed day, as if for the words “the age of 18 (or,
35in relation to Scotland or Northern Ireland, 21)” there were substituted “the
age of 21”.

(2) In sub-paragraph (1), “the appointed day” means the day on which the
amendment made to section 81(3)(a) of the Regulation of Investigatory
Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and
40Court Services Act 2000 comes into force.

Savings for particular purposes

6 Nothing in this Act affects any power conferred on a postal operator by or
under any enactment to open, detain or delay any postal packet (within the
meaning given by section 125(1) of the Postal Services Act 2000) or to deliver
45any such packet to a person other than the person to whom it is addressed.

Investigatory Powers BillPage 244

7 Nothing in Part 4 of this Act prevents the retention of data for the purposes
of, or in connection with, legal proceedings (including proceedings which
might arise in the future).

8 The amendments made to the Regulation of Investigatory Powers Act 2000
5by sections 3 to 6 of the Data Retention and Investigatory Powers Act 2014
(and those sections) continue to have effect despite section 8(3) of the Act of
2014 (sunset provision for that Act) until the provisions they amend (and
those sections) are repealed by this Act in connection with the coming into
force of provisions of this Act.

10General saving for lawful conduct

9 Nothing in any of the provisions of this Act by virtue of which conduct of
any description is or may be authorised by any warrant, authorisation or
notice, or by virtue of which information may be obtained in any manner, is
to be read—

(a) 15as making it unlawful to engage in any conduct of that description
which is not otherwise unlawful under this Act and would not be
unlawful apart from this Act,

(b) as otherwise requiring—

(i) the issue, grant or giving of such a warrant, authorisation or
20notice, or

(ii) the taking of any step for or towards obtaining the authority
of such a warrant, authorisation or notice,

before any such conduct of that description is engaged in, or

(c) as prejudicing any power to obtain information by any means not
25involving conduct that may be authorised under this Act.

Section 246(1)

SCHEDULE 10 Minor and consequential provision

Part 1 General amendments

30Police Act 1997

1 In section 93(1A) of the Police Act 1997 (authorisations to interfere with
property etc.) after “this Part” insert “or the Investigatory Powers Act 2016”.

Northern Ireland Act 1998

2 In paragraph 9(1) of Schedule 3 to the Northern Ireland Act 1998 (reserved
35matters) for paragraph (a) substitute—

(a) the subject-matter of Parts 2 and 3 of the Regulation of
Investigatory Powers Act 2000, so far as relating to the
prevention or detection of crime (within the meaning of
that Act) or the prevention of disorder;

(aa) 40the subject-matter of the following provisions of the
Investigatory Powers Act 2016, so far as relating to the

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prevention or detection of serious crime (within the
meaning of that Act)—

(i) sections 3 to 10 and Schedule 1,

(ii) Part 2, and

(iii) 5Chapter 1 of Part 6;

(ab) the subject-matter of section 11, Parts 3 and 4 and Chapter
2 of Part 6 of the Investigatory Powers Act 2016, so far as
relating to the prevention or detection of crime (within the
meaning of that Act) or the prevention of disorder;

(ac) 10the subject-matter of section 12 of, and Schedule 2 to, the
Investigatory Powers Act 2016, so far as relating to the
prevention or detection of crime (within the meaning of
that Act);”.

Regulation of Investigatory Powers Act 2000

3 15The Regulation of Investigatory Powers Act 2000 is amended as follows.

4 In section 27(4)(a) (lawful surveillance etc: conduct to be dealt with under
other enactments) after “Act” insert “or the Investigatory Powers Act 2016”.

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) 20Omit subsection (2A).

(4) In subsection (8) for “(2A)” substitute “(3)”.

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

(2) For the definition of “apparatus” substitute—

  • ““apparatus” has the same meaning as in the Investigatory
    25Powers Act 2016 (see section 239(1) of that Act);”.

(3) For the definition of “communication” substitute—

  • ““communication” has the same meaning as in the
    Investigatory Powers Act 2016 (see sections 237(2) and 238(2)
    of that Act);”.

(4) 30In the definition of “interception” and cognate expressions, for “section 2”
substitute “sections 4 and 5 of the Investigatory Powers Act 2016”.

(5) For the definitions of “postal service” and “public postal service”
substitute—

  • ““postal service” has the same meaning as in the Investigatory
    35Powers Act 2016 (see section 238(7) of that Act);”.

(6) Omit the definitions of “private telecommunication system”, “public
telecommunications 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
40meanings as in the Investigatory Powers Act 2016 (see section 237(11) to (13)
of that Act)”.

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Political 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) 5any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers 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) 10In section 26B(3) (voluntary disclosure of data to Audit Scotland) for
paragraph (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)
15substitute—

(b) the 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
20payments in relation to persons providing a telecommunications service
etc.) for “the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute
“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
25(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 “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
30information to the Northern Ireland Judicial Appointments Commission)
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”.

Proceeds of Crime Act 2002

12 (1) 35The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 436(3)(b) (disclosure of information to 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”.

(3) In section 438(8)(b) (disclosure of information by certain Directors) for “Part
401 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”.

Investigatory Powers BillPage 247

(4) In 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) 5In section 441(7)(b) (disclosure of information by Lord Advocate and by
Scottish 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 10In paragraph 19ZA(2)(c) of Schedule 3 to the Police Reform Act 2002
(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”.

15Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426S.I. 2003/2426)

14 After 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
20Commissioner in accordance with a code of practice made under the
Investigatory 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
25Investigatory 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”.

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
302000 (c. 23)2000 (c. 23)” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory 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
35Regulation 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”.

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
40Act 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”.

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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
5Parts 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”.

10Legal 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”.

15Regulatory 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
Powers Act 2016.”

20Counter-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
1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

25Borders, 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
Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

30Marine 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) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
35Powers 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) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
40Powers Act 2016.”

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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”
substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
5Powers 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
paragraph (b) substitute—

(b) 10any 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
15of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016”.

Prisons (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
20(see section 237(13) of that Act)”.

Crime 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
25of Part 9 of the Investigatory Powers Act 2016”.

Marine 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) 30any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory
Powers 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
35Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7
or 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

Investigatory Powers BillPage 250

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”.

Immigration Act 2014

33 In paragraph 6(b) of Schedule 6 to the Immigration Act 2014 (information)
5for “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”.

Data Retention and Investigatory Powers Act 2014

34 Omit sections 4(1), 7 and 8 of the Data Retention and Investigatory Powers
10Act 2014 (introductory, review and final provisions).

Immigration Act 2016

35 In section 7(2)(b) of the Immigration Act 2016 (information gateways:
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
15Powers Act 2016”.

Part 2 Lawful interception of communications

Official Secrets Act 1989

36 In section 4(3) of the Official Secrets Act 1989 (crime and special
20investigation 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
25information 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

37 (1) 30The 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 53 of the
Investigatory Powers Act 2016”.

(3) In section 7A(9) (continuing duty of prosecutor to disclose) for “section 17 of
35the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)” substitute “section
53 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 53 of the
Investigatory Powers Act 2016”.

Investigatory Powers BillPage 251

(5) In 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
5section 2 of the Interception of Communications Act 1985;

(b) material 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
10under Chapter 1 of Part 2 of the Investigatory Powers Act
2016;

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

Scotland Act 1998

38 15In Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 (reserved
matters: 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 237(14) of
the Investigatory Powers Act 2016”.

20Northern Ireland Act 1998

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

(b) the subject-matter of sections 3 to 10, Schedule 1, Part 2 and
Chapter 1 of Part 6 of the Investigatory Powers Act 2016,
25except so far as relating to the prevention or detection of
serious crime (within the meaning of that Act);”.

Financial Services and Markets Act 2000

40 In section 394(7)(a) of the Financial Services and Markets Act 2000 (access to
FCA or PRA material) for “section 17 of the Regulation of Investigatory
30Powers Act 2000” substitute “section 53 of the Investigatory Powers Act
2016”.

Regulation of Investigatory Powers Act 2000

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

42 Omit Chapter 1 of Part 1 (interception of communications).

43 35In section 71 (issue and revision of codes of practice) omit subsection (10).

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

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

(2) In subsection (1)—

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

(b) 40in the definition of “interception warrant”, for “a warrant under