Law

Investigatory Powers Act 2016

United Kingdom · statute

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In force since 2026-09-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 327 provisions

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327 provisions

SCHEDULE 4 Relevant public authorities and designated senior officers etc.

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

Section 83(5) Particular safeguards in connection with operation of section 69 1 (1) The following provisions apply where the functions of the Secretary of State under section 67 are exercisable by a public authority by virtue of regulations under section 83(1). (2) The measures adopted or arrangements made by the public authority for the purpose of complying with the requirements of section 69 must be such as are approved by the Secretary of State. (3) Any report required by section 69(6)(b) or (8) must be made to the Secretary of State as well as to the Investigatory Powers Commissioner. 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 83(1), must at least once in each calendar year make a report to the Secretary of State on— (a) the discharge of the functions, and (b) such other matters as the Secretary of State may by regulations require. (2) Regulations under section 83(1) may, in particular, modify sub-paragraph (1) as it has effect in relation to the calendar year in which the regulations come 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) The Secretary of State may, in connection with regulations under section 83(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) property 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 transferred, (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 proceedings) 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) make 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) for 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. (6) A transfer scheme may be included in regulations under section 83(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) rights 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) an 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) the 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 to 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 authority 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 Employment) Regulations 2006 (S.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) anything 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) a 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 specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred. (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 transfer, (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 specify 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, stamp duty, stamp duty reserve tax or stamp duty land tax, “tax provision” means any provision— about a relevant tax, and made by an enactment, “transfer scheme” means a transfer scheme under paragraph 3, and 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 83(1) includes, in particular, power to— (a) modify any enactment about a public authority for the purpose of enabling or otherwise facilitating any function under sections 67 to 69 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) section 83, or (b) paragraph 4 above, including that power as extended (whether by section 267(1) or otherwise) may, in particular, be exercised by modifying any enactment (including this Act).

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SCHEDULE 6 Issue of warrants under section 106 etc: table

Section 106 Part 1 Table: Part 1 Law enforcement chiefs | Appropriate delegates | Appropriate 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 41(1) of the Police Reform and Social Responsibility Act 2011. | A member of the police force, a member of a collaborative force or a National Crime Agency officer who is included in a collaboration agreement with the police force. The person holding the rank of assistant chief constable designated to act under section 41(5) 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. 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 metropolitan police force, a member of a collaborative force or a National Crime Agency officer who is included in a 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 member of a collaborative force or a National Crime Agency officer who is included in a collaboration agreement with the City of London police force. 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. 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. | A member of the Police Service of Northern Ireland. The Director General or a Deputy Director General of the National Crime Agency. | A senior National Crime Agency Officer designated for the purpose by the Director General or a Deputy Director General of the National Crime Agency. | A National Crime Agency officer or a member of a collaborative police force. 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. 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. 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. | A 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 Air Force Police. The Provost Marshal for serious crime. | A person holding the position of deputy Provost Marshal in the tri-service serious crime unit. | A member of the tri-service serious crime unit. 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. | An immigration officer. 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 Majesty's Revenue and Customs. | An officer of Revenue and Customs. 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 designated 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 Authority. The Director General of the Independent Office for Police Conduct. | A person falling within paragraph 6A(2) of Schedule 2 to the Police Reform Act 2002 who is designated by the Director General for the purpose. | A person designated under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002 to take charge of, or to assist with, the investigation to which the warrant under section 106(1) relates (or would relate if issued). The Service Police Complaints Commissioner. | A member of the Service Police Complaints Commissioner’s staff who is designated by the Commissioner for the purpose. | An investigating officer appointed under section 365BB The Police Investigations and Review Commissioner. | A staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner 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) A 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 agreement to make applications under section 106 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 officer 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 106 to the chief officer of the police force. 2 (1) This 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 National 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 106 to the Director General of the National Crime Agency. 3 For 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 (Scotland) Act 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) the metropolitan police force; (c) the City of London police force.

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SCHEDULE 7 Codes of practice

Section 241 Scope of codes 1 (1) The Secretary of State must issue one or more codes of practice about the exercise 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— (i) the Investigatory Powers Commissioner or any other Judicial Commissioner, (ii) the Information Commission, (iii) the Investigatory Powers Tribunal, (iv) any other court or tribunal, (v) the Technical Advisory Board, or (vi) the Technology Advisory Panel, (b) any function to make subordinate legislation which is conferred by virtue of this Act on the Secretary of State or the Treasury. (3) A code may, in particular, contain provision about the training of people who may exercise functions in relation to which sub-paragraph (1) applies. 2 (1) Each code must include— (a) provision designed to protect the public interest in the confidentiality of sources of journalistic information, and (b) provision about particular considerations applicable to any data which relates to a member of a profession which routinely holds items subject to legal privilege or relevant confidential information. (2) A code about the exercise of functions conferred by virtue of Part 2, Part 5 or Chapter 1 or 3 of Part 6 must also contain provision about when circumstances are to be regarded as “exceptional and compelling circumstances” for the purposes of any provision of that Part or Chapter that restricts the exercise of functions in relation to items subject to legal privilege by reference to the existence of such circumstances. (3) The Investigatory Powers Commissioner must keep under review any provision included in a code by virtue of sub-paragraph (2). (4) In this paragraph— “relevant confidential information” means information which is held in confidence by a member of a profession and consists of— personal records or journalistic material which are (or would be if held in England and Wales) excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984, or communications between Members of Parliament and their constituents, and the references in this paragraph to a member of a profession include references to any person acting in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office. 3 (1) A code about the exercise of functions conferred by virtue of Part 3 must contain provision about communications data held by public authorities by virtue of that Part. (2) Such provision must, in particular, include provision about— (a) why, how and where the data is held, (b) who may access the data on behalf of the authority, (c) to whom, and under what conditions, the data may be disclosed, (d) the processing of the data for purposes otherwise than in connection with the purposes for which it was obtained or retained, (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) Before 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 Commissioner and, in the case of a code relating to the exercise of functions conferred by virtue of Part 4, the Information Commission. (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 a 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. Revision 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) consider 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 Commission. (4) A 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) When 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) A person must have regard to a code when exercising any functions to which the code relates. (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 to 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) the Investigatory Powers Commissioner or any other Judicial Commissioner, (b) the Information Commission, or (c) the Investigatory Powers Tribunal.

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SCHEDULE 8 Combination of warrants and authorisations

Section 248 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 head 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) a targeted equipment interference warrant which the Secretary of State has power to issue under section 102(1); (c) a targeted examination warrant which the Secretary of State has power to issue under section 102(3); (d) 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); (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 intrusive 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) a targeted equipment interference warrant which the Secretary of State has power to issue under section 104; (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) The 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 chief has power to issue under section 106; (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) an 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) the 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 The 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 power to issue under section 21(2); (b) a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 103(1); (c) a targeted examination warrant which the Scottish Ministers have power to issue under section 103(2); (d) a 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 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 equipment interference warrant which a law enforcement chief has power to issue under section 106; (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) 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 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 equipment interference warrant which a law enforcement chief has power to issue under section 106; (b) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property); (c) an authorisation under section 6 of the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) (authorisation of directed surveillance); (d) an authorisation under section 10 of that Act (authorisation of intrusive 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) a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106; (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 intercepting 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. Part 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 equipment interference warrant which the Secretary of State has power to issue under section 102(1) with one or more of the following— (a) a targeted examination warrant which the Secretary of State has power to issue under section 102(3); (b) a targeted examination warrant which the Secretary of State has power 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 Powers Act 2000 (authorisation of directed surveillance); (e) an authorisation under section 32 of that Act (authorisation of intrusive surveillance). 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 104 with one or more of the following— (a) an 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 The 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 103(1) with one or more of the following— (a) a targeted examination warrant which the Scottish Ministers have power to issue under section 103(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 interference 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 enforcement chief has power to issue under section 106 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 Powers 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 with section 106(5). 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 106 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 11) (authorisation of directed surveillance); (c) an authorisation under section 10 of that Act (authorisation of intrusive surveillance). (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” and an “appropriate law enforcement officer” are to be read in accordance with section 106(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 head 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 102(3). 14 The 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 power to issue under section 103(2). Part 4 Combined warrants: supplementary provision Introductory 15 In this Part of this Schedule “combined warrant” means a warrant issued under 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 person 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 apply 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) the 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. 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 warrant, 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 particular 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 of 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 authorisation— (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) the 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 authorisation; (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 authorisation 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) In sub-paragraph (1)(h) “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) the signing of instruments making a modification; (d) urgent cases. (3) Sub-paragraph (1) is subject to paragraphs 21 to 26. 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 interception 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) the 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 of 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) A 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) In 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 (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 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 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 paragraph 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) section 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). (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 Regulation 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) section 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 a 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). Modification 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) But 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) is 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. (4) In the case of a combined warrant which— (a) includes an authorisation under section 32 of the Regulation of Investigatory Powers Act 2000 (authorisation of intrusive surveillance), and (b) is addressed to the head of an intelligence service, sub-paragraph (1) has effect as if in section 44 of that Act (special rules for intelligence services authorisations) subsection (3), and the reference to that subsection in subsection (4), were omitted. Special rules about the application of this Act to combined warrants 28 (1) This 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 interception 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. (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 110 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 examination 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. 29 Where under section 109(3) a Judicial Commissioner refuses to approve the decision to issue a combined warrant under Part 2 of this Schedule, section 110 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 examination 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 a 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 of 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 56 (exclusion of matters from legal proceedings etc.) to the 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) the inclusion of a warrant under that Chapter in a combined warrant. 32 (1) The reference in section 58(7) 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 reference to this Schedule. (2) The reference in section 133(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 issued the combined warrant has power to issue under that Part, as including a reference to this Schedule. Power to make consequential amendments 33 (1) The Secretary of State may by regulations make such provision modifying any 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. (2) In sub-paragraph (1) “enactment” does not include any primary legislation passed or made after the end of the Session in which this Act is passed.

Propose a change

SCHEDULE 9 Transitional, transitory and saving provision

Section 270(1) Lawful 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 regulations 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 Licensing 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 day is to be treated, on or after that day, as a retention notice under section 87 of this Act; and Part 4 of this Act is to be read accordingly but as if sections 87(1)(b), (4) and (8)(e), 89, 90(1) to (12), 91, 94(4)(b), (6), (10) and (12) and 96(2)(e) were omitted. (2) In particular— (a) anything which, immediately before the commencement day, is in the 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 87 of this Act, and (b) anything done by virtue of, or in relation to, a retention notice under section 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 87 of this Act so far as that is required for continuing its effect on or after the commencement day. (3) Sub-paragraphs (1) and (2) cease to apply, in relation to any retention notice under section 1 of the Act of 2014— (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; but this is without prejudice to the continued operation of section 95(2) to (5) in relation to the notice. (4) Section 249 applies in relation to costs incurred in complying with a retention 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 87 of this Act but as if section 249(7) were omitted. (5) The Secretary of State may revoke (whether wholly or in part) a retention notice 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 87 of this Act in relation 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) Sub-paragraph (2) applies if any power to give, vary or confirm a retention notice under section 87 of this Act (excluding any power to vary a notice which has effect as such a notice by virtue of paragraph 3(1)) is brought into force without any requirement for approval by a Judicial Commissioner of the decision to give, vary or (as the case may be) confirm the notice. (2) The notice as given, varied or confirmed ceases to have effect (so far as not previously revoked) at the end of the period of three months beginning with the day on which the requirement for approval comes into force. 5 (1) The repeal of section 1(7) of the Data Retention and Investigatory Powers Act 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 repealed. (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 270(2). Definitions of “other relevant crime” and “serious crime” 6 (1) The definitions of— (a) “serious crime” in section 86(2A), (aa) “serious crime” in section 87(10B), and (b) “serious crime” in section 263(1), are to be read, until the appointed day, as if for the words “the age of 18 (or, in 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 Court Services Act 2000 comes into force. Savings for particular purposes 7 Nothing in this Act affects any power conferred on a postal operator (within the meaning given by section 27(3) of the Postal Services Act 2011) 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 any such packet to a person other than the person to whom it is addressed. 8 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). 9 The amendments made to the Regulation of Investigatory Powers Act 2000 by 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. General saving for lawful conduct 10 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) as 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 notice, 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 involving conduct that may be authorised under this Act.

Propose a change

SCHEDULE 10 Minor and consequential provision

Section 271(1) Part 1 General amendments Police 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 matters) 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) the subject-matter of the following provisions of the Investigatory Powers Act 2016, so far as relating to the 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) Chapter 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) the 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 The 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) Omit 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 Powers Act 2016 (see section 263(1) of that Act); . (3) In paragraph (a) of the definition of “communication” omit “(except in the definition of “postal service” in section 2(1))”. (4) In 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 Powers Act 2016 (see section 262(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 meanings as in the Investigatory Powers Act 2016 (see section 261(11) to (13) of that Act) ”. 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) any 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 1) 8 (1) The Public Finance and Accountability (Scotland) Act 2000 is amended as follows. (2) In 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) substitute— (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 payments in relation to persons providing a telecommunications service etc.) for “the Regulation of Investigatory Powers Act 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 (arrangements for payments in relation to persons providing a telecommunications service etc.) for “the Regulation of Investigatory Powers Act 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 information 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) The 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)” 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 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”. (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) In 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)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”. Police Reform Act 2002 13 In 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 ”. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audit and Accountability (Northern Ireland) Order 2003 (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 Investigatory Powers Act 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 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 Regulation of Investigatory Powers Act 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 Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”. 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)” substitute “ any of Parts 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)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”. Legal 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)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”. Regulatory 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. Counter-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)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”. Borders, 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)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”. Marine 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 Powers 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 Powers Act 2016. Terrorist Asset-Freezing etc. Act 2010 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marine (Scotland) Act 2010 (2010 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) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. Charities Act 2011 27 In section 59(1)(b) of the Charities Act 2011 (disclosure: 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 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 (see section 261(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 of 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) any 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 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 ”. 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 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) 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 ”. Data Retention and Investigatory Powers Act 2014 34 Omit sections 4(1), 7 and 8 of the Data Retention and Investigatory Powers Act 2014 (introductory, review and final provisions). Immigration Act 2016 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Lawful interception of communications Security Service Act 1989 36 In section 1(5) of the Security Service Act 1989 (meaning of “prevention” and “detection”) for the words from “the provisions” to the end substitute “ that Act ”. Official Secrets Act 1989 37 In section 4(3) of the Official Secrets Act 1989 (crime and special investigation 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 information 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. Intelligence Services Act 1994 38 In section 11(1A) of the Intelligence Services Act 1994 (meaning of “prevention” and “detection”) for the words from “apply” to the end substitute “ apply for the purposes of this Act as it applies for the purposes of that Act, except that for the purposes of section 3 above it shall not include a reference to gathering evidence for use in any legal proceedings (within the meaning of that Act). ” Criminal Procedure and Investigations Act 1996 39 (1) The 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 56 of the Investigatory Powers Act 2016 ”. (3) In section 7A(9) (continuing duty of prosecutor to disclose) for “section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ section 56 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 56 of the Investigatory Powers Act 2016 ”. (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 section 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 under 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. Police Act 1997 40 In section 133A of the Police Act 1997 (meaning of “prevention” and “detection”) for the words from “the provisions” to the end substitute “ that Act ”. Scotland Act 1998 41 In 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 261(14) of the Investigatory Powers Act 2016 ”. Northern Ireland Act 1998 42 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, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act); . Financial Services and Markets Act 2000 43 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 Powers Act 2000” substitute “ section 56 of the Investigatory Powers Act 2016 ”. Regulation of Investigatory Powers Act 2000 44 The Regulation of Investigatory Powers Act 2000 is amended as follows. 45 Omit Chapter 1 of Part 1 (interception of communications). 46 (1) Section 49 (investigation of electronic data protected by encryption etc: powers under which data obtained) is amended as follows. (2) In subsection (1)(b) after “communications” insert “ or obtain secondary data from communications ”. (3) After subsection (9) insert— (9A) In subsection (1)(b) the reference to obtaining secondary data from communications is to be read in accordance with section 16 of the Investigatory Powers Act 2016. 47 In section 71 (issue and revision of codes of practice) omit subsection (10). 48 In section 78(3)(a) (affirmative orders) omit “12(10), 13(3),”. 49 (1) Section 81 (general interpretation) is amended as follows. (2) In subsection (1)— (a) in the definition of “criminal”, omit “or prosecution”, and (b) in the definition of “interception warrant”, for “a warrant under 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) a 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. 50 In section 82 (amendments, repeals and savings etc.) omit subsections (4) to (6). Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13) 51 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)” substitute “ section 56 of the Investigatory Powers Act 2016 ”. Justice and Security Act 2013 52 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 56(1) of the Investigatory Powers Act 2016 (exclusion for intercept material), . Part 3 Acquisition of communications data Regulation of Investigatory Powers Act 2000 53 The Regulation of Investigatory Powers Act 2000 is amended as follows. 54 Omit Chapter 2 of Part 1 (acquisition and disclosure of communications data). 55 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 Investigatory 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 ”. 56 In section 71(2) (issue and revision of codes of practice) omit “23A or”. 59 In section 78(3)(a) (affirmative orders) omit “22(9), 23A(6), 25(5),”. 60 In section 81(9) (general interpretation: certain references relating to Northern Ireland) omit “23A(7)(b),”. Police Reform Act 2002 61 (1) Paragraph 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) After 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 261 and 262 of that Act). Part 4 Retention of communications data Anti-terrorism, Crime and Security Act 2001 62 Omit Part 11 of the Anti-terrorism, Crime and Security Act 2001 (retention of communications data). Data Retention and Investigatory Powers Act 2014 63 Omit sections 1 and 2 of the Data Retention and Investigatory Powers Act 2014 (retention of relevant communications data). Part 5 Equipment interference Regulation of Investigatory Powers Act 2000 64 The Regulation of Investigatory Powers Act 2000 is amended as follows. 65 In section 48 (interpretation of Part 2), in subsection (3)(c)— (a) omit the “or” at the end of sub-paragraph (i); (b) after sub-paragraph (ii) insert ; or (iii) Part 5, or Chapter 3 of Part 6, of the Investigatory Powers Act 2016 (equipment interference). 66 (1) Paragraph 2 of Schedule 2 (persons having the appropriate permission where data obtained under warrant etc) is amended as follows. (2) In sub-paragraph (1)— (a) omit the “or” at the end of paragraph (a); (b) after paragraph (b) insert ; or (c) a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016 (powers of law enforcement chiefs to issue warrants to law enforcement officers). (3) In sub-paragraph (5), at the end insert “ or under a targeted equipment interference warrant issued under section 106 of the Investigatory Powers Act 2016. ” (4) In sub-paragraph (6)— (a) omit the “and” at the end of paragraph (b); (b) after paragraph (c) insert ; and (d) in relation to protected information obtained under a warrant issued under section 106 of the Investigatory Powers Act 2016, means the person who issued the warrant or, if that person was an appropriate delegate in relation to a law enforcement chief, either that person or the law enforcement chief. (5) After sub-paragraph (6) insert— (6A) In sub-paragraph (6)(d), the references to a law enforcement chief and to an appropriate delegate in relation to a law enforcement chief are to be read in accordance with section 106(5) of the Investigatory Powers Act 2016. Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) 67 The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as follows. 68 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 of the Investigatory Powers Act 2016 (equipment interference) so far as relating to the Police Service; . 69 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 of the Investigatory Powers Act 2016 (equipment interference) so far as relating to the Police Service or the Police Investigations and Review Commissioner; . Crime and Courts Act 2013 70 (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 follows. (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) a 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 under ”. (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) the 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) in 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 not 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-paragraph (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 Service of Northern Ireland about the interference as soon as reasonably practicable. Part 6 Judicial Commissioners Police Act 1997 71 The Police Act 1997 is amended as follows. 72 In section 103(8) (appeals) for “the period” substitute “ any period ”. 73 In section 105(1)(b)(iii) (reports of appeals dismissed) omit “under section 107(2),”. 74 In 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 263(1) of that Act); . Regulation of Investigatory Powers Act 2000 75 The Regulation of Investigatory Powers Act 2000 is amended as follows. 76 In section 37(9)(a) (appeals against decisions of ordinary Surveillance Commissioners) for “the period” substitute “ any period ”. 77 In 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 (8) of section 234 of the Investigatory Powers Act 2016 ”, and (b) for “subsection (2) of that section” substitute “ subsection (1) of that section ”. 78 Omit section 40 (information to be provided to Surveillance Commissioners). 79 In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief Surveillance Commissioner of certain directions relating to the disclosure of a key to protected information) for “the Commissioner in question” substitute “ the Investigatory Powers Commissioner ”. 80 (1) Section 64 (delegation of Commissioners' functions) is amended as follows. (2) In the heading for “Commissioners' functions” substitute “ functions of the Investigatory Powers Commissioner for Northern Ireland ”. (3) In subsection (1)— (a) omit “or any provision of an Act of the Scottish Parliament”, and (b) for “a relevant Commissioner” substitute “ the Investigatory Powers Commissioner for Northern Ireland ”. (4) Omit subsection (2). 81 In section 71(2) (issue and revision of codes of practice) for “the Surveillance Commissioners” substitute “ a Judicial Commissioner ”. 82 (1) Section 72 (effect of codes of practice) is amended as follows. (2) In subsection (4) for paragraphs (c) to (e) (and the word “or” between paragraphs (d) and (e)) substitute— (ba) the Investigatory Powers Commissioner for Northern Ireland carrying out functions under this Act, or (bb) 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) Omit subsection (5). 83 (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) After 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 263(1) of that Act); . Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) 84 The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as follows. 85 In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance” substitute “ Judicial ”. 86 In 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 ”. 87 In the heading of section 16 for “Surveillance Commissioners” substitute “ Judicial Commissioners ”. 88 Omit section 18 (information to be provided to Surveillance Commissioners). 89 In the cross-heading before section 21 (Chief Surveillance Commissioner) for “Chief Surveillance” substitute “ Investigatory Powers ”. 90 Omit section 21 (functions of Chief Surveillance Commissioner). 91 (1) Section 22 (co-operation with, and reports by, Chief Surveillance Commissioner) is amended as follows. (2) Omit subsection (1). (3) In 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) after “under” insert “ , and in relation to, ”. 92 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 ”. 93 In section 26(4) (effect of codes of practice)— (a) in paragraph (b) for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”, and (b) in paragraph (c) for “a Surveillance Commissioner” substitute “ a Judicial Commissioner (other than the Investigatory Powers Commissioner) ”. 94 (1) Section 31(1) (interpretation) is amended as follows. (2) After 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 263(1) of that Act); . (3) Omit the definitions of “ordinary Surveillance Commissioner”, “Surveillance Commissioner” and “Chief Surveillance Commissioner”. Terrorism Prevention and Investigation Measures Act 2011 95 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 continuation, repeal etc. of TPIM powers) for “the Intelligence Services Commissioner” substitute “ the Investigatory Powers Commissioner ”. Protection of Freedoms Act 2012 96 The Protection of Freedoms Act 2012 is amended as follows. 97 (1) Section 29 (code of practice for surveillance camera systems) is amended as follows. (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 Commissioner”. 98 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 Other minor and consequential provision Telecommunications Act 1984 99 Omit section 94 of the Telecommunications Act 1984 (directions in the interests of national security etc.). Northern Ireland Act 1998 100 In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters) after “subversion;” insert “ the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016; ”. Communications Act 2003 101 (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 section 94 of the Telecommunications Act 1984). Part 8 Repeals and revocations consequential on other repeals or amendments in this Act General amendments Title | Extent of repeal or revocation Serious Crime Act 2015 | Section 83. Section 86(12). In Schedule 4, paragraph 18. Lawful interception of communications Title | Extent of repeal or revocation Regulation of Investigatory Powers Act 2000 | In Schedule 4, paragraphs 7(2) and 9. Anti-terrorism, Crime and Security Act 2001 | Section 116(3). Inquiries Act 2005 | In Schedule 2, paragraphs 20 and 21. Terrorism Act 2006 | Section 32. Wireless Telegraphy Act 2006 | In 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 | In 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 | In Schedule 7, paragraph 4. Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340) | The whole Regulations. Health and Social Care Act 2012 | In Schedule 5, paragraph 98. Justice and Security Act 2013 | Section 16. In Schedule 2, paragraph 11. 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). Section 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 | Extent 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). Policing and Crime Act 2009 | Section 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 word “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). Data Retention and Investigatory Powers Act 2014 | Section 3(3) and (4). Section 4(8) to (10). Counter-Terrorism and Security Act 2015 | Section 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). 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) | In Schedule 3, paragraphs 9 to 12. Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941) | In the Schedule, paragraph 10. Constitutional Reform Act 2005 | In Schedule 17, paragraphs 27 and 30(2)(a) and (b). Tribunals, Courts and Enforcement Act 2007 | In 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. Police Reform and Social Responsibility Act 2011 | In Schedule 16, paragraph 222. Protection of Freedoms Act 2012 | In 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. In 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 | Section 150. Data Retention and Investigatory Powers Act 2014 | Section 6. Other minor and consequential provision Title | Extent of repeal or revocation Communications Act 2003 | In Schedule 17, paragraph 70.

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