Statutory Instruments
2017 No. 845
Investigatory Powers
The Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017
Made
17th August 2017
Laid before Parliament
21st August 2017
Coming into force
11th September 2017
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 267(1)(c) and 271(2) and (3) of the Investigatory Powers Act 2016(1).
Citation and commencementI1
1. These Regulations may be cited as the Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017 and come into force on 11th September 2017.
Regulation of Investigatory Powers (Notification of Authorisations etc.) Order 2000I2
2. —(1) In article 2 of the Regulation of Investigatory Powers (Notification of Authorisations etc.) Order 2000 ( 2 ) (interpretation), in the definition of “Commissioner”, for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.
(2) Until 31st December 2017, the reference to a Judicial Commissioner in article 2 of that Order is to be read as including a Commissioner appointed under section 91(1)(b) of the Police Act 1997(3).
Regulation of Investigatory Powers (Notification of Authorisations etc.) (Scotland) Order 2000I3
3. —(1) In article 2 of the Regulation of Investigatory Powers (Notification of Authorisations etc.) (Scotland) Order 2000 ( 4 ) (interpretation), in the definition of “Commissioner”, for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.
(2) Until 31st December 2017, the reference to a Judicial Commissioner in article 2 of that Order is to be read as including a Surveillance Commissioner appointed under section 2(1)(b) of the Regulation of Investigatory Powers (Scotland) Act 2000(5).
Investigatory Powers Tribunal Rules 2000
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010I4
5.—(1) The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010(6) is amended as follows.
(2) In the heading of Part 3, for “ORDINARY SURVEILLANCE COMMISSIONER” substitute “JUDICIAL COMMISSIONER”.
(3) In article 4(2), for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.
(4) Until 31st December 2017 the reference to a Judicial Commissioner in article 4(2) of that Order is to be read as including a Commissioner appointed under section 91(1)(b) of the Police Act 1997.
Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014I5
6.—(1) The Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014(7) is amended as follows.
(2) In article 2 (interpretation), in the definition of “Commissioner”, for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.
(3) Until 31st December 2017 the reference to a Judicial Commissioner in article 2 of that Order is to be read as including a Surveillance Commissioner appointed under section 2(1)(b) of the Regulation of Investigatory Powers (Scotland) Act 2000.
(4) In article 11 (appeals against decisions by Commissioners)—
(a) in paragraphs (1) and (3) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner”;
(b) in paragraph (1) after “refusal of a Commissioner” insert “(other than the Investigatory Powers Commissioner)”.
Ben Wallace
Minister of State
Home Office
17th August 2017
S.S.I. 2000/340.
2001 asp 11.
S.S.I. 2014/339.