Statutory Instruments
2020 No. 1009
Investigatory Powers
The Functions of the Investigatory Powers Commissioner (Oversight of the Data Access Agreement between the United Kingdom and the United States of America and of functions exercisable under the Crime (Overseas Production Orders) Act 2019) Regulations 2020
Made
17th September 2020
Coming into force
18th September 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 239(1) of the Investigatory Powers Act 2016 (“the 2016 Act”)( 1 ).
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 267(3)(f) of the 2016 Act.
Citation and commencement
1. These Regulations may be cited as the Functions of the Investigatory Powers Commissioner (Oversight of the Data Access Agreement between the United Kingdom and the United States of America and of functions exercisable under the Crime (Overseas Production Orders) Act 2019) Regulations 2020 and come into force on the day after the day on which they are made.
Amendment of section 229 of the Investigatory Powers Act 2016
2. In section 229 of the Investigatory Powers Act 2016 (main oversight functions of the Investigatory Powers Commissioner)—
(a) after subsection (3), insert—
“ (3A) The Investigatory Powers Commissioner must, in accordance with the Agreement between the Government of the United Kingdom and the Government of the United States of America on access to electronic data for the purpose of countering serious crime dated 3rd October 2019 ( 2 ) , keep under review the compliance by public authorities with the terms of that Agreement. ” ;
(b) in subsection (4)(d), after “2000”, in the second place it occurs, insert “, the Crime (Overseas Production Orders) Act 2019( 3 )”.
James Brokenshire
Minister of State
Home Office
17th September 2020
2016 c. 25 . Section 22(6) of the Coronavirus Act 2020 (c. 7) (“the 2020 Act”) modifies references to Judicial Commissioners in the 2016 Act so that they include references to temporary Commissioners appointed under regulations made under section 22 of the 2020 Act. S.I. 2020/360 was made under the powers in sections 22 and 23 of the 2020 Act to change certain time frames relating to urgent warrants and also allowed the Investigatory Powers Commissioner to appoint temporary Commissioners.
CP 178.