Statutory Instruments
2022 No. 1395
Investigatory Powers
The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022
Made
21st December 2022
Coming into force
1st January 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by section 71(1) of the Investigatory Powers Act 2016( 1 ).
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, in accordance with section 268(4) of that Act, the draft Regulations were approved by a resolution of each House of Parliament after the expiry of the 40-day period( 2 ) referred to in section 268(4) of that Act.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022 and come into force on the 1st January 2023.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
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( 3 ) is amended as follows.
(2) In the entries relating to the Security Service, the Secret Intelligence Service and GCHQ—
(a) in column 5, for “61(7)(a), (b) and (c)” in each place it appears, substitute “61(7)(a) and (c)” ;
(b) in column 6, in relation to each entry in column 3, insert “61A(7)(a)” .
(3) In the entry relating to the UK National Authority for Counter Eavesdropping( 4 )—
(a) in column 1, for “UK National Authority for Counter Eavesdropping” substitute “Foreign, Commonwealth and Development Office” ;
(b) in column 3, for “UK NACE Grade D6 and above” substitute “Grade D6 in the UK National Authority for Counter Eavesdropping” .
Tom Tugendhat
Minister of State
Home Office
21st December 2022
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 (which sets out relevant public authorities and designated senior officers for the purposes of Part 3 of that Act) was substituted by S.I. 2018/1123 and amended by S.I. 2020/661 , S.I. 2020/1037 and sections 11 and 12 of, and paragraph 2 of Schedule 4 and paragraphs 43 and 47 of Schedule 5 to, the Armed Forces Act 2021. Those provisions of that Act have not yet been fully commenced.
The entry for UKNACE was inserted by S.I. 2020/1037 .