Citation, commencement and interpretation_I1

1.—(1) These Regulations may be cited as the Investigatory Powers (Review of Notices and Technical Advisory Board) Regulations 2018.

(2) Subject to paragraph (3), these Regulations come into force on the day on which section 245 of the Act (Technical Advisory Board) comes into force.

(3) The following paragraphs of regulation 4 come into force on the day on which section 90(1) of the Act (power to refer retention notices back to the Secretary of State for review) comes into force for all purposes—

(a)paragraphs (1) and (2), so far as they apply to persons to whom a retention notice is given, and

(b)paragraph (3).

(4) In these Regulations, “the Act” means the Investigatory Powers Act 2016 .

Period and circumstances in which notices may be referred for review_I2

2.—(1) A person to whom a retention notice, national security notice or technical capability notice is given may, where paragraph (2) applies, refer the notice back to the Secretary of State within 28 days of the day on which the notice is given.

(2) This paragraph applies if the person to whom the notice is given considers that any requirement or restriction imposed by, or obligation or step specified in, the notice is unreasonable.

(3) In this regulation, references to a notice being given include references to notice of the variation of a retention notice being published in accordance with section 94(2) of the Act.

[^F1Review period

2A. —(1) For the purposes of sections 90(5) and 257(4) of the Act, the “review period” is a period of 180 days beginning with the day on which the notice is referred to the Secretary of State for review.

(2) The review period in paragraph (1) may be extended for any period of time with the agreement of the Secretary of State, a Judicial Commissioner and the person to whom the notice was given.

(3) Subsequent extensions to the review period may be agreed in accordance with paragraph (2).

Relevant period

2B. —(1) For the purposes of sections 90(10) and 257(9) of the Act, the “relevant period” is a period of 30 days beginning with the day on which the Judicial Commissioner and the Technical Advisory Board report their conclusions to the Secretary of State under sections 90(9)(b) or 257(8)(b) of the Act.

(2) If the Judicial Commissioner and the Technical Advisory Board report their conclusions to the Secretary of State on different days, the relevant period begins with whichever day is the later one.

(3) The relevant period may be extended by the Secretary of State in exceptional circumstances, provided that the period as extended does not end after the review period under regulation 2A (including any extension to the review period).

(4) The Secretary of State must notify in writing the Judicial Commissioner and the person to whom the notice was given of the duration of the extension.^F1]

Membership of the Technical Advisory Board_I3

^F23.—(1) The Technical Advisory Board must consist of at least thirteen members ....

(2)[^F3 At least six members^F3] must be persons holding an office, rank or position with either—

(a)a person on whom obligations may be imposed by virtue of retention notices under Part 4 of the Act, national security notices under section 252 of the Act or technical capability notices under section 253 of the Act, or

(b)a person representing the interests of such persons.

(3) The members to whom paragraph (2) applies must be persons with sufficient knowledge and experience to be likely effectively to represent the interests of persons on whom obligations may be imposed by virtue of retention notices under Part 4 of the Act, national security notices under section 252 of the Act or technical capability notices under section 253 of the Act.

(4)[^F4 At least six members^F4] must be persons holding an office, rank or position with either—

(a)a person entitled to apply for warrants under Part 2, 5, 6 or 7 of the Act or authorisations under Part 3 of the Act, or

(b)a person representing the interests of such persons.

(5) The members to whom paragraph (4) applies must be persons with sufficient knowledge and experience to be likely effectively to represent the interests of persons entitled to apply for warrants under Part 2, 5, 6 or 7 of the Act, or authorisations under Part 3 of the Act.

(6) One member must be appointed, and two further members may be appointed, who are not persons to whom paragraph (2) or (4) applies.

(7) One such member must be appointed chair and one other such member may be appointed deputy chair.

[^F5 (8) So far as is reasonably practicable, the Technical Advisory Board must consist of an equal number of members to whom paragraph (2) applies and members to whom paragraph (4) applies.^F5]

Quorum_I4,I5

[^F6 4.—(1) The quorum for any Technical Advisory Board is to be seven members of whom—

(a)three are members to whom regulation 3(2) applies,

(b)three are members to whom regulation 3(4) applies, and

(c)one is a member to whom regulation 3(6) applies.

(2) Where there are more than seven members, the Technical Advisory Board must comprise—

(a)an equal number of—

(i)members to whom regulation 3(2) applies, and

(ii)members to whom regulation 3(4) applies, and

(b)at least one member, but no more than three members, to whom regulation 3(6) applies.

(3) This regulation applies to any meeting of the Technical Advisory Board constituted for the purposes of carrying out functions under sections 90 or 257 of the Act.^F6]