Statutory Instruments
2020 No. 1037
Investigatory Powers
The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020
Made
24th September 2020
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers conferred by section 71(1) of the Investigatory Powers Act 2016( 1 ), makes the following Regulations.
In accordance with section 72(2) of that Act, the Secretary of State has consulted the Investigatory Powers Commissioner and the public authorities to which the modifications in these Regulations relate.
In accordance with section 268(2) of that Act, a period of at least 12 weeks beginning with the day on which that consultation first began has elapsed and the Secretary of State considers it appropriate to proceed with making the Regulations.
In accordance with section 268(3) of that Act, a draft of these Regulations and a document explaining the Regulations were laid before Parliament and the draft Regulations were approved by a resolution of each House of Parliament in accordance with section 268(4) of that Act, after the expiry of the 40-day period( 2 ).
Citation and commencement
1. These Regulations may be cited as the Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020 and come into force on the day after the day on which they are made.
Amendment of Schedule 4 to the Investigatory Powers Act 2016
2. —(1) The table in Part 1 of Schedule 4 to the Investigatory Powers Act 2016(relevant public authorities and designated senior officers etc.)( 3 ) is amended as follows.
(2) After the entry for the British Transport Police Force, insert—
| “ Civil Nuclear Constabulary | 60A(7)(a), (b), (c), and (e) | Inspector | Entity data | 61(7)(a) and (c) | 61A(7)(a) and (c) |
| Superintendent | All | 61(7)(a) and (c) | 61A(7)(a) and (c) ” |
(3) In the entry for the Department of Health, in column 1, for “Department of Health” substitute “Department of Health and Social Care”.
(4) In the entry for the Ministry of Justice, in column 3, for both “security group of the National Offender Management Service” and “security group of the National Offender Manager Service” substitute “Security, Order and Counter-Terrorism Directorate of Her Majesty’s Prison and Probation Service”.
(5) In the entry for the Department for Transport, in column 3, for “Air Accident” substitute “Air Accidents”.
(6) After the entry for the Department of Justice in Northern Ireland, insert—
| “ Environment Agency | 60A(7)(b) and (d) | Area Management Team Member or equivalent (Grade 7) or Senior Enforcement Technical Advisor or equivalent (Grade 6) | All | 61A(7)(a) and (b) ” |
(7) In the entry for the Information Commissioner, in column 3, for “Head of enforcement or an equivalent grade” substitute “Head of department in an investigation or intelligence role”.
(8) After the entry for the Information Commissioner, insert—
| “ Insolvency Service | 60A(7)(b) | Grade 7 in the Investigation and Enforcement Services Directorate – Criminal Investigation Team | All | 61A(7)(a) | |
| UK National Authority for Counter Eavesdropping | 60A(7)(a) | UK NACE Grade D6 and above | All | 61(7)(a) ” |
(9) In the entry for the National Health Service Business Services Authority—
(a) in column 1, for “National Health Service Business Services Authority” substitute “NHS Counter Fraud Authority”;
(b) in column 3, omit “in the Counter Fraud and Security Management Services Division”.
(10) After the entry for the Office of the Police Ombudsman for Northern Ireland, insert—
| “ Pensions Regulator | 60A(7)(b) | Head of Department in an enforcement or intelligence role | All | 61A(7)(a) ” |
James Brokenshire
Minister of State
Home Office
24th September 2020
2016 c. 25 . Section 71(2) was amended, and section 71(2A) was inserted, by S.I. 2018/1123 .
“The 40-day period” is defined in section 268(11) of the Investigatory Powers Act 2016.
The table in Part 1 of Schedule 4 was substituted by S.I. 2018/1123 .