Investigatory Powers Bill (HL Bill 62)

Investigatory Powers BillPage 252

section 5” substitute

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

(b) 5a bulk interception warrant under Chapter 1 of Part 6
of that Act”.

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

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

46 In section 82 (amendments, repeals and savings etc.) omit subsections (4) to
10(6).

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

47 In section 159 of the Criminal Justice and Licensing (Scotland) Act 2010, for
“section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)”
substitute “section 53 of the Investigatory Powers Act 2016”.

15Justice and Security Act 2013

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

(“iii) section 53(1) of the Investigatory Powers Act 2016
20(exclusion for intercept material),”.

Part 3 Acquisition of communications data

Regulation of Investigatory Powers Act 2000

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

50 25Omit Chapter 2 of Part 1 (acquisition and disclosure of communications
data).

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

(a) for the words from “section 22(3)” to “Part II” substitute “Part 3 of the
30Investigatory Powers Act 2016 or Part 2 of this Act”, and

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

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

53 (1) 35Section 77A (procedure for order of sheriff under section 23A or 32A:
Scotland) is amended as follows.

(2) In the heading and in subsection (1) for “section 23A or 32A” substitute
“section 32A of this Act or section 72 of the Investigatory Powers Act 2016”.

Investigatory Powers BillPage 253

(3) In subsection (3) for “sections 23B and 32B and this section” substitute “this
section, section 32B of this Act and section 72 of the Investigatory Powers Act
2016”.

54 (1) Section 77B (procedure for order of district judge under section 23A or 32A:
5Northern Ireland) is amended as follows.

(2) In the heading and in subsections (1) and (4) for “section 23A or 32A”
substitute “section 32A of this Act or section 72 of the Investigatory Powers
Act 2016”.

(3) In subsection (4) for “sections 23B and 32B” substitute “section 32B of this
10Act and section 72 of that Act”.

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

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

Police Reform Act 2002

57 (1) 15Paragraph 19ZA of Schedule 3 to the Police Reform Act 2002 (investigations
by the IPCC: information notices) is amended as follows.

(2) In sub-paragraph (3) omit—

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

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

(3) 20After sub-paragraph (3) insert—

(3A) In sub-paragraph (3) “communications data”, “postal operator”
and “telecommunications operator” have the same meanings as in
the Investigatory Powers Act 2016 (see sections 237 and 238 of that
Act).”

25Part 4 Retention of communications data

Anti-terrorism, Crime and Security Act 2001

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

30Data Retention and Investigatory Powers Act 2014

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

Part 5 Equipment interference

35Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 112000 asp 11)

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

Investigatory Powers BillPage 254

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

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

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

(aa) Part 5, or Chapter 3 of Part 6, of the Investigatory Powers Act
2016 (equipment interference) so far as relating to the Police
10Service or the Police Investigations and Review
Commissioner;”.

Crime and Courts Act 2013

63 (1) In Schedule 1 to the Crime and Courts Act 2013 (the NCA and NCA officers),
paragraph 6A (investigatory activity in Northern Ireland) is amended as
15follows.

(2) In sub-paragraph (3)—

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

(b) before paragraph (a) insert—

(za) 20a targeted equipment interference warrant under
Part 5 of the Investigatory Powers Act 2016;”;

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

(d) in paragraph (b), at the beginning insert “an authorisation granted
25under”.

(3) After sub-paragraph (3) insert—

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

(a) 30the equipment that is being interfered with under the
warrant is in Northern Ireland, and

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

(5) Sub-paragraph (6) applies where—

(a) 35in the carrying out by an NCA officer of a relevant
investigatory activity falling within sub-paragraph (3)(za),
equipment in Northern Ireland is interfered with under
the warrant,

(b) at the time the interference begins, the NCA officer does
40not know that the equipment is in Northern Ireland, and

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

(6) The NCA officer is not to be regarded as in breach of sub-
45paragraph (1) if the interference continues after the NCA officer
becomes aware that the equipment is in Northern Ireland,
provided that the officer informs the Chief Constable of the Police

Investigatory Powers BillPage 255

Service of Northern Ireland about the interference as soon as
reasonably practicable.”

Part 6 Judicial Commissioners

5Police Act 1997

64 The Police Act 1997 is amended as follows.

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

66 In section 105(1)(b)(iii) (reports of appeals dismissed) for “section 107(2)”
substitute “section 212 of the Investigatory Powers Act 2016”.

67 10In section 108(1) (interpretation of Part 3) after the definition of “designated
deputy” insert—

  • ““the Investigatory Powers Commissioner” and “Judicial
    Commissioner” have the same meanings as in the
    Investigatory Powers Act 2016 (see section 239(1) of that
    15Act);”.

Regulation of Investigatory Powers Act 2000

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

69 In section 37(9)(a) (appeals against decisions of ordinary Surveillance
Commissioners) for “the period” substitute “any period”.

70 20In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—

(a) for “Subsections (3) and (4) of section 107 of the Police Act 1997”
substitute “Subsections (6) to (9) of section 212 of the Investigatory
Powers Act 2016”, and

(b) for “subsection (2) of that section” substitute “subsection (1) of that
25section”.

71 Omit section 40 (information to be provided to Surveillance
Commissioners).

72 In section 51(7)(b) (notification to Intelligence Services Commissioner or
Chief Surveillance Commissioner of certain directions relating to the
30disclosure of a key to protected information) for “the Commissioner in
question” substitute “the Investigatory Powers Commissioner”.

73 In section 71(2) (issue and revision of codes of practice) for “the Surveillance
Commissioners” substitute “a Judicial Commissioner”.

74 (1) Section 72 (effect of codes of practice) is amended as follows.

(2) 35In subsection (4) for paragraphs (c) to (e) (and the word “or” between
paragraphs (d) and (e)) substitute , or

(ba) the Investigatory Powers Commissioner or any other Judicial
Commissioner carrying out functions under this Act, the
Investigatory Powers Act 2016 or the Police Act 1997,”.

(3) 40Omit subsection (5).

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

(2) Omit the definitions of “Assistant Surveillance Commissioner”, “ordinary
Surveillance Commissioner”, “Surveillance Commissioner” and “Chief
Surveillance Commissioner”.

(3) 5After the definition of “interception warrant” insert—

  • ““the Investigatory Powers Commissioner” and “Judicial
    Commissioner” have the same meanings as in the
    Investigatory Powers Act 2016 (see section 239(1) of that
    Act);”.

10Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 112000 asp 11)

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

77 In the cross-heading before section 2 (Surveillance Commissioners) for
“Surveillance” substitute “Judicial”.

78 15In section 2(10) (restrictions on appeals against Commissioners)—

(a) for “Chief Surveillance Commissioner” substitute “Investigatory
Powers Commissioner”, and

(b) for “other Surveillance Commissioner” substitute “other Judicial
Commissioner”.

79 20In the heading of section 16 for “Surveillance Commissioners” substitute
“Judicial Commissioners”.

80 Omit section 18 (information to be provided to Surveillance
Commissioners).

81 In the cross-heading before section 21 (Chief Surveillance Commissioner) for
25“Chief Surveillance” substitute “Investigatory Powers”.

82 Omit section 21 (functions of Chief Surveillance Commissioner).

83 (1) Section 22 (co-operation with, and reports by, Chief Surveillance
Commissioner) is amended as follows.

(2) Omit subsection (1).

(3) 30In subsection (2) for “Chief Surveillance Commissioner” substitute
“Investigatory Powers Commissioner”.

(4) In subsection (3)—

(a) for “Chief Surveillance Commissioner” substitute “Investigatory
Powers Commissioner”, and

(b) 35after “under” insert “, and in relation to,”.

84 In section 24(2) (issue and revision of codes of practice) for “the Surveillance
Commissioners appointed under this Act or the Commissioners holding
office under section 91 of that Act” substitute “the Judicial Commissioners”.

85 In section 26(4) (effect of codes of practice)—

(a) 40in paragraph (b) for “Chief Surveillance Commissioner” substitute
“Investigatory Powers Commissioner”, and

Investigatory Powers BillPage 257

(b) in paragraph (c) for “a Surveillance Commissioner” substitute “a
Judicial Commissioner (other than the Investigatory Powers
Commissioner)”.

86 (1) Section 31(1) (interpretation) is amended as follows.

(2) 5After the definitions of “directed” and “intrusive” insert—

  • ““the Investigatory Powers Commissioner” and “Judicial
    Commissioner” have the same meanings as in the
    Investigatory Powers Act 2016 (see section 239(1) of that
    Act);”.

(3) 10Omit the definitions of “ordinary Surveillance Commissioner”,
“Surveillance Commissioner” and “Chief Surveillance Commissioner”.

Terrorism Prevention and Investigation Measures Act 2011

87 In section 21(3)(b) of the Terrorism Prevention and Investigation Measures
Act 2011 (duty to consult certain persons before making an order for the
15continuation, repeal etc. of TPIM powers) for “the Intelligence Services
Commissioner” substitute “the Investigatory Powers Commissioner”.

Protection of Freedoms Act 2012

88 The Protection of Freedoms Act 2012 is amended as follows.

89 (1) Section 29 (code of practice for surveillance camera systems) is amended as
20follows.

(2) In subsection (5)(d) (duty to consult certain persons in preparing code) for
“the Chief Surveillance Commissioner” substitute “the Investigatory Powers
Commissioner”.

(3) In subsection (7) omit the definition of “the Chief Surveillance
25Commissioner”.

90 In section 33(8)(d) (duty to consult before making an order identifying who
must have regard to the code) for “the Chief Surveillance Commissioner”
substitute “the Investigatory Powers Commissioner”.

Part 7 30Other minor and consequential provision

Telecommunications Act 1984

91 Omit section 94 of the Telecommunications Act 1984 (directions in the
interests of national security etc.).

Northern Ireland Act 1998

92 35In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted
matters) after “subversion;” insert “the Technical Advisory Board provided
for by section 223 of the Investigatory Powers Act 2016;”.

Investigatory Powers BillPage 258

Communications Act 2003

93 (1) The Communications Act 2003 is amended as follows.

(2) In section 401(5)(g), for “sections 47 to 49” substitute “section 47 or 48”.

(3) In Schedule 18 (transitional provisions), omit paragraph 24 (which relates to
5section 94 of the Telecommunications Act 1984).

Part 8 Repeals and revocations consequential on other repeals or amendments in
this Act

General amendments

Title 10Extent of repeal or revocation
Serious Crime Act 2015 Section 83.
Section 86(12).
In Schedule 4, paragraph 18.

Lawful interception of communications

Title 15Extent of repeal or revocation
Regulation of Investigatory
Powers Act 2000
In Schedule 4, paragraphs 7(2) and 9.
Inquiries Act 2005 In Schedule 2, paragraphs 20 and 21.
Terrorism Act 2006 Section 32.
Wireless Telegraphy Act 2006 20In Schedule 7, paragraphs 22 and 23.
National Health Service
(Consequential Provisions)
Act 2006
In Schedule 1, paragraph 208.

Armed Forces Act 2006 In Schedule 16, paragraph 169.
Serious Crime Act 2007 25In Schedule 12, paragraph 6.
Counter-Terrorism Act 2008 Sections 69 and 74.
Policing and Crime Act 2009 Section 100.
Terrorist Asset-Freezing etc. Act
2010
Section 28(2) and (3).
Terrorism Prevention and
Investigation Measures Act
2011
30In Schedule 7, paragraph 4.

Regulation of Investigatory
Powers (Monetary Penalty
Notices and Consents for
Interceptions) Regulations
2011 (S.I. 2011/1340)
The whole Regulations.

35

Health and Social Care Act 2012 In Schedule 5, paragraph 98.
Justice and Security Act 2013 Section 16.
40In Schedule 2, paragraph 11.

Investigatory Powers BillPage 259

Title Extent of repeal or revocation
Crime and Courts Act 2013 In Schedule 8, paragraph 78.
In Schedule 9, paragraph 125.
Data Retention and
Investigatory Powers Act
2014
Section 3(1) and (2).

5Section 4(2) to (7).
Section 5.
Counter-Terrorism and Security
Act 2015
Section 15(3).
In Schedule 8, paragraph 2.

Acquisition and retention of communications data

Title 10Extent of repeal or revocation
Serious Organised Crime and
Police Act 2005
In Schedule 4, paragraph 135.
Serious Crime Act 2007 In Schedule 12, paragraphs 7 and 8.
Police, Public Order and
Criminal Justice (Scotland)
Act 2006 (Consequential
Provisions and
Modifications) Order 2007
(S.I. 2007/1098)
In the Schedule, paragraph 4(5).
15



Policing and Crime Act 2009 20Section 7.
In Schedule 7, paragraphs 13 and 14.
Protection of Freedoms Act
2012
Section 37.
In Schedule 9, paragraphs 7 and 8 and, in
paragraph 16(b), sub-paragraph (i) (and the
25word “and” at the end of sub-paragraph (i)).
Crime and Courts Act 2013 In Schedule 8, paragraph 81.
Police and Fire Reform
(Scotland) Act 2012
(Consequential Provisions
and Modifications) Order
2013 (S.I. 2013/602)
In Schedule 2, paragraph 33(5) to (8) and (15)(a).

30

Data Retention and
Investigatory Powers Act
2014
Section 3(3) and (4).

Section 4(8) to (10).
Counter-Terrorism and Security
Act 2015
35Section 21.
Section 52(3)(a).

Judicial Commissioners

Title Extent of repeal or revocation
Scotland Act 1998 (Cross-
Border Public Authorities)
(Adaptation of Functions
etc.) Order 1999 (S.I. 1999/
1747)
In Schedule 6, paragraph 2(2) and (5).
40


Investigatory Powers BillPage 260

Title Extent of repeal or revocation
Regulation of Investigatory
Powers Act 2000
In Schedule 4, paragraph 8(1), (10) and (11).
Insolvency Act 2000 In Schedule 4, paragraph 22(2).
Scotland Act 1998 (Transfer of
Functions to the Scottish
Ministers etc.) (No. 2) Order
2000 (S.I. 2000/3253)
5In Schedule 3, paragraphs 9 to 12.


Insolvency Act 2000 (Company
Directors Disqualification
Undertakings) Order 2004
(S.I. 2004/1941)
In the Schedule, paragraph 10.
10

Constitutional Reform Act 2005 In Schedule 17, paragraphs 27 and 30(2)(a) and
(b) and (3).
Tribunals, Courts and
Enforcement Act 2007
15In Schedule 16, paragraph 11(2).
Serious Crime Act 2007 In Schedule 12, paragraph 3.
Companies Act 2006
(Consequential
Amendments, Transitional
Provisions and Savings)
Order 2009 (S.I. 2009/1941)
In Schedule 1, paragraph 169.

20

Police Reform and Social
Responsibility Act 2011
In Schedule 16, paragraph 222.
Protection of Freedoms Act
2012
25In Schedule 9, paragraphs 10 and 11.
Justice and Security Act 2013 Section 5.
In Schedule 2, paragraph 4.
Crime and Courts Act 2013 In Schedule 8, paragraph 59.
30In Schedule 21, paragraph 4.
Police and Fire Reform
(Scotland) Act 2012
(Consequential Provisions
and Modifications) Order
2013 (S.I. 2013/602)
In Schedule 1, paragraph 6(6).



In Schedule 2, paragraph 33(20) and (22)(c).
Anti-social Behaviour, Crime
and Policing Act 2014
35Section 150.
Data Retention and
Investigatory Powers Act
2014
Section 6.

40

Other minor and consequential provision

Title Extent of repeal or revocation
Communications Act 2003 In Schedule 17, paragraph 70.