Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Communications Data Acquisition Regulations 2019.

(2) These Regulations come into force on the day after the day on which they are laid before Parliament.

(3) In these Regulations “the 2016 Act” means the Investigatory Powers Act 2016( 3 ).

Amendment of section 73 of the Investigatory Powers Act 2016

2. In section 73 of the 2016 Act (local authorities as relevant public authorities)( 4 ) for subsection (3A) substitute—

“ (3A) In subsection (3)—

“collaboration agreement” means an agreement under section 78 that falls within subsection (1)(b)(iii) of that section,

“subscribing authority” has the same meaning as in section 78,

“supplying authority” has the same meaning as in section 78. ” .

Amendment of section 78 of the Investigatory Powers Act 2016

3. —(1) Section 78 of the 2016 Act (collaboration agreements)( 5 ) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), before “officers” insert “designated senior officers of that authority or other”;

(b) for paragraph (b) substitute—

“ (b) either—

(i) a designated senior officer of the supplying authority is permitted to grant authorisations under section 61 or 61A to officers of the subscribing authority,

(ii) officers of the supplying authority are permitted to be granted authorisations under section 61 or 61A by a designated senior officer of the subscribing authority, or

(iii) officers of the supplying authority act as single points of contact for officers of the subscribing authority. ” .

(3) For subsection (2) substitute—

“ (2) The persons by whom, or to whom, authorisations may be granted (or who may act as single points of contact) under a collaboration agreement are additional to those persons by whom, or to whom, authorisations would otherwise be granted under this Part (or who could otherwise act as single points of contact). ” .

(4) After subsection (2) insert—

“ (3) In a case falling within subsection (1)(b)(i)—

(a) section 61 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the subscribing authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority,

(b) section 61A has effect as if—

(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the subscribing authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority, and

(c) this Part has effect as if the designated senior officer of the supplying authority had the power to grant an authorisation under section 61 or 61A to officers of the subscribing authority, and had other functions in relation to the authorisation, which were the same as (and subject to no greater or lesser restrictions than) the power and other functions which the designated senior officer of the subscribing authority who would otherwise have dealt with the authorisation would have had.

(4) In a case falling within subsection (1)(b)(ii)—

(a) section 61 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the supplying authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority, and

(b) section 61A has effect as if—

(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the supplying authority, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority. ” .

(5) In subsection (5), for “Where officers of the supplying authority act as single points of contact for officers of the subscribing authority,”, substitute “In a case falling within subsection (1)(b)(iii),”.

Amendment of section 80 of the Investigatory Powers Act 2016

4. —(1) Section 80 of the 2016 Act (police collaboration agreements)( 6 ) is amended as follows.

(2) In subsection (1), for paragraph (b) substitute—

“ (b) under the terms of the agreement—

(i) a designated senior officer of force 1 is permitted to grant authorisations under section 61 or 61A to officers of the collaborating police force,

(ii) officers of force 1 are permitted to be granted authorisations under section 61 or 61A by a designated senior officer of the collaborating police force, or

(iii) officers of force 1 act as single points of contact for officers of the collaborating police force. ” .

(3) For subsection (2) substitute—

“ (2) The persons by whom, or to whom, authorisations may be granted (or who may act as single points of contact) under a police collaboration agreement are additional to those persons by whom, or to whom, authorisations would otherwise be granted under this Part (or who could otherwise act as single points of contact). ” .

(4) After subsection (2) insert—

“ (3) In a case falling within subsection (1)(b)(i)—

(a) section 61 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the collaborating police force, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of force 1,

(b) section 61A has effect as if—

(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the collaborating police force, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of force 1, and

(c) this Part has effect as if the designated senior officer of force 1 had the power to grant an authorisation under section 61 or 61A to officers of the collaborating police force, and had other functions in relation to the authorisation, which were the same as (and subject to no greater or lesser restrictions than) the power and other functions which the designated senior officer of the collaborating police force who would otherwise have dealt with the authorisation would have had.

(4) In a case falling within subsection (1)(b)(ii)—

(a) section 61 has effect as if—

(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of force 1, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the collaborating police force, and

(b) section 61A has effect as if—

(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of force 1, and

(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the collaborating police force. ” .

(5) In subsection (5), for “Where officers of force 1 act as single points of contact for officers of the collaborating police force,” substitute “In a case falling within subsection (1)(b)(iii),”.

Amendment of section 86 of the Investigatory Powers Act 2016

5. In section 86 of the 2016 Act (Part 3: interpretation)( 7 ), in subsection (1), in the definition of “authorisation” after “or 61A” insert “(including sections 61 and 61A as modified by sections 78 and 80)”.

Consequential amendment of the Data Retention and Acquisition Regulations 2018

6. Paragraphs 18(2), (3) and (5) and 19(2), (3) and (5) of Schedule 1 to the Data Retention and Acquisition Regulations 2018(amendments of the 2016 Act)( 8 ) are revoked.