Citation and interpretation

1. —(1) These Regulations may be cited as the Investigatory Powers Act 2016 (Commencement No. 7 and Transitional and Saving Provisions) Regulations 2018.

(2) In these Regulations—

“the 1984 Act” means the Telecommunications Act 1984( 2 );

“the 2016 Act” means the Investigatory Powers Act 2016;

“class BPD warrant” has the meaning given by section 200(3)(a) of the 2016 Act;

“specific BPD warrant” has the meaning given by section 200(3)(b) of the 2016 Act.

Provisions coming into force on 25th July 2018

2. The following provisions of the 2016 Act come into force on 25th July 2018—

(a) section 2 (general duties in relation to privacy) so far as it applies to decisions relating to—

(i) Chapter 2 of Part 6;

(ii) Part 7, except decisions whether—

(aa) to approve the use of criteria under section 222;

(bb) to give an authorisation under section 219(3)(b);

(cc) to approve a decision to give an authorisation under section 219(3)(b);

(b) section 158 (power to issue bulk acquisition warrants) for the purpose of the Secretary of State deciding to issue a bulk acquisition warrant, but not for the purpose of the issuing of such a warrant;

(c) section 159 (approval of warrants by Judicial Commissioners);

(d) section 160 (decisions to issue warrants to be taken personally by Secretary of State);

(e) section 161 (requirements that must be met by warrants);

(f) section 171 (safeguards relating to the retention and disclosure of data);

(g) section 172 (safeguards relating to examination of data);

(h) section 175 (Chapter 2: interpretation);

(i) section 199 (bulk personal datasets: interpretation), so far as not already in force;

(j) section 200(3) (types of BPD warrants);

(k) section 202 (restriction on use of class BPD warrants);

(l) section 203 (meaning of “protected data”);

(m) section 204 (class BPD warrants), for the purpose of an application for a class BPD warrant and the Secretary of State deciding to issue such a warrant, but not for the purpose of the issuing of such a warrant;

(n) section 205 (specific BPD warrants), for the purpose of an application for a specific BPD warrant and the Secretary of State deciding to issue such a warrant, but not for the purpose of the issuing of such a warrant;

(o) section 206 (additional safeguards for health records);

(p) section 207 (protected data: power to impose conditions);

(q) section 208 (approval of warrants by Judicial Commissioners);

(r) section 211 (decisions to issue warrants to be taken personally by Secretary of State);

(s) section 212 (requirements that must be met by warrants);

(t) section 221 (safeguards relating to examination of bulk personal datasets);

(u) section 225 (application of Part to bulk personal datasets obtained under this Act), for the purpose of the Secretary of State deciding to give a direction and a Judicial Commissioner giving approval, but not for the purpose of the giving of such a direction;

(v) section 226 (Part 7: interpretation);

(w) section 238 (funding, staff and facilities etc. ), so far as not already in force;

(x) paragraph 6 of Schedule 9 (definitions of “other relevant crime” and “serious crime”), and section 270(1) so far as it relates to that paragraph.

Provisions coming into force on 22nd August 2018

3. The following provisions of the 2016 Act come into force on 22nd August 2018—

(a) section 2 so far as it applies to decisions whether—

(i) to approve the use of criteria under section 222;

(ii) to give an authorisation under section 219(3)(b);

(iii) to approve a decision to give an authorisation under section 219(3)(b);

(b) sections 158 to 174 (bulk acquisition provisions), so far as not already in force;

(c) sections 200 to 225 (bulk personal dataset provisions), so far as not already in force;

(d) in section 229 (main oversight functions), in subsection (8), paragraphs (g) to (i) (exceptions to duty on Judicial Commissioner not to act contrary to public interest);

(e) in section 231 (error reporting), in subsection (9), paragraph (a) to the extent that it applies to an error relating to Chapter 2 of Part 6 or Part 7 of the 2016 Act;

(f) section 234 (annual and other reports), so far as not already in force;

(g) in section 243 (functions of Tribunal in relation to this Act etc.), in subsection (1)—

(i) paragraph (c), so far as it inserts paragraph—

(aa) (c) so far as that paragraph applies to conduct of a kind which may be permitted or required by a warrant under Chapter 2 of Part 6 of the 2016 Act;

(bb) (cza) so far as that paragraph applies to the issue, modification, renewal or service of a warrant under Chapter 2 of Part 6 of the 2016 Act;

(cc) (czf), (czg) and (czh);

(dd) (czl)(i) so far as that paragraph applies to any failure to cancel a warrant under Chapter 2 of Part 6 or Part 7 of the 2016 Act;

(ee) (czl)(iv);

(ff) (czm) for all remaining purposes;

(ii) paragraph (h), so far as inserted subsection (7ZB) of section 65 of RIPA applies to conduct which is, or purports to be, conduct falling within—

(aa) subsection (5)(cza) so far as that paragraph applies to the issue, modification, renewal or service of a warrant under Chapter 2 of Part 6 of the 2016 Act;

(bb) subsection (5)(czf), (czg) or (czh);

(cc) subsection (5)(czl)(i) for all remaining purposes;

(dd) subsection (5)(czl)(iv);

(iii) paragraph (i) so far as it inserts—

(aa) paragraph (a) for all remaining purposes;

(bb) paragraph (bb);

(h) in section 243, in subsection (2), paragraph (a) so far as it inserts paragraph (azb);

(i) in section 243, in subsection (5)—

(i) paragraph (d);

(ii) paragraph (e);

(j) section 271(1) (Schedule 10: minor and consequential provision), so far as relating to the provisions coming into force by virtue of paragraphs (k) and (l);

(k) paragraph 99 of Schedule 10 (repeal of section 94 of the Telecommunications Act 1984) so far as not already in force;

(l) in Part 8 of Schedule 10 (minor and consequential provisions), the revocation of paragraph 70 of Schedule 17 to the Communications Act 2003( 3 ).

Communications data retention provisions coming into force on 1st November 2018

4. The following provisions of the 2016 Act come into force on 1st November 2018—

(a) sections 87 to 96 (retention of communications data), so far as not already in force;

(b) in section 229, in subsection (8), paragraphs (e) and (f) (exceptions to duty on Judicial Commissioner not to act contrary to public interest), so far as not already in force;

(c) in section 231, in subsection (9), paragraph (a) to the extent that it applies to an error relating to Part 4 of the 2016 Act;

(d) in section 243, in subsection (1), paragraph (i) so far as it inserts paragraph (ba);

(e) paragraph 62 of Schedule 10, and section 271(1) so far as it relates to that paragraph.

Saving provision regarding section 94 directions

5. —(1) A direction given under section 94 of the 1984 Act (directions in the interests of national security etc.)( 4 ) which imposes requirements relating to the acquisition of communications data in bulk and which is in force immediately before 22nd August 2018 continues to have effect until 22nd February 2019, unless revoked earlier.

(2) Section 94 of the 1984 Act continues to have effect for the purpose of any direction which continues to have effect in consequence of paragraph (1).

Transitional provision regarding safeguards

6. Until 22nd August 2018—

(a) section 158 of the 2016 Act has effect as if the reference in subsection (1)(d) to arrangements made for the purposes of section 171 of that Act included a reference to arrangements made under section 2(2)(a) of the Security Service Act 1989( 5 ) or section 2(2)(a) or 4(2)(a) of the Intelligence Services Act 1994( 6 ) in relation to the acquisition of communications data in bulk pursuant to a direction given under section 94 of the 1984 Act;

(b) section 204 of the 2016 Act has effect as if the reference in subsection (3)(d) to arrangements for storing bulk personal datasets and for protecting them from unauthorised disclosure included a reference to arrangements for the obtaining and disclosing of bulk personal datasets made under section 2(2)(a) of the Security Service Act 1989 or section 2(2)(a) or 4(2)(a) of the Intelligence Services Act 1994;

(c) section 205 of the 2016 Act has effect as if the reference in subsection (6)(d) to arrangements for storing bulk personal datasets and for protecting them from unauthorised disclosure included a reference to arrangements for the obtaining and disclosing of bulk personal datasets made under section 2(2)(a) of the Security Service Act 1989 or section 2(2)(a) or 4(2)(a) of the Intelligence Services Act 1994;

(d) section 221 of the 2016 Act has effect as if subsections (1)(a) and (3) were omitted.

Transitional provision regarding bulk acquisition warrants

7. —(1) Paragraph (2) applies in relation to a bulk acquisition warrant which replaces a direction given under section 94 of the 1984 Act which imposes requirements relating to the acquisition of communications data in bulk.

(2) Until the end of the period of 30 days beginning with the day on which the bulk acquisition warrant is issued—

(a) section 172(1) has effect as if the requirement in paragraph (a) does not apply, and

(b) section 173(1)(b) and (c) (offence of breaching safeguards relating to examination of data) has effect as if the references to a requirement imposed by section 172 do not include the requirement imposed by section 172(1)(a).

Transitional provision regarding bulk personal datasets

8. —(1) Until 22nd February 2019, subsections (1) and (2) of section 200 (requirement for authorisation by warrant) do not apply in relation to a bulk personal dataset which is retained by an intelligence service immediately before 22nd August 2018.

(2) Paragraph (1) does not prevent—

(a) the making of an application for, or the issue of, a specific BPD warrant authorising the retention, or retention and examination, of a bulk personal dataset which is retained by an intelligence service immediately before 22nd August 2018;

(b) the making of an application for, or the issue of, a class BPD warrant authorising the retention, or retention and examination, of bulk personal datasets of a class including a bulk personal dataset which is retained by an intelligence service immediately before 22nd August 2018;

(c) the making of an application for, or the giving of, a direction under section 225 in relation to a bulk personal dataset which is retained by an intelligence service immediately before 22nd August 2018.

(3) Paragraph (1) ceases to apply, in relation to a bulk personal dataset which is retained by an intelligence service immediately before 22nd August 2018, where at any time before 22nd February 2019 the Secretary of State issues—

(a) a specific BPD warrant authorising the retention, or retention and examination, of that dataset, or

(b) a class BPD warrant authorising the retention, or retention and examination, of bulk personal datasets of a class including that dataset.

Further transitional provision regarding bulk personal datasets

9. —(1) Paragraphs (3) to (5) apply in relation to a set of information which is—

(a) retained by an intelligence service immediately before 22nd August 2018, or

(b) acquired by an intelligence service under a warrant or other authorisation listed in paragraph (2) which is in force immediately before 22nd August 2018.

(2) The warrants or other authorisations are—

(a) a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000( 7 );

(b) an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006( 8 );

(c) a warrant issued under section 5 of the Intelligence Services Act 1994( 9 );

(d) an authorisation given under section 7 of the Intelligence Services Act 1994( 10 );

(e) a direction given under section 94 of the 1984 Act.

(3)Section 201 (exceptions to section 200(1) or (2)) has effect as if the reference in subsection (1) to a warrant or other authorisation issued or given under this Act included a reference to—

(a) a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b) an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c) a warrant issued under section 5 of the Intelligence Services Act 1994;

(d) an authorisation given under section 7 of the Intelligence Services Act 1994;

(e) a direction given under section 94 of the 1984 Act.

(4)Section 220 (initial examinations: time limits) has effect as if the reference in subsection (1) to a warrant or other authorisation issued or given under this Act included a reference to—

(a) a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b) an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c) a warrant issued under section 5 of the Intelligence Services Act 1994;

(d) an authorisation given under section 7 of the Intelligence Services Act 1994;

(e) a direction given under section 94 of the 1984 Act.

(5) Section 225 has effect as if the reference in subsection (1) to a warrant or other authorisation given under this Act included a reference to—

(a) a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b) an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c) a warrant issued under section 5 of the Intelligence Services Act 1994;

(d) an authorisation given under section 7 of the Intelligence Services Act 1994.

Transitional provision regarding the Tribunal

10. Until the repeal of Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraph 54 of Schedule 10 to the 2016 Act is fully in force, section 68 of the Regulation of Investigatory Powers Act 2000 has effect as if in subsection (7)(k) the reference to an authorisation under Part 3 of the Investigatory Powers Act 2016 included a reference to an authorisation under section 22 of the Regulation of Investigatory Powers Act 2000.