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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Investigatory Powers (Consequential Amendments etc.) Regulations 2018 No. 682 URL: http://www.bailii.org/uk/legis/num_reg/2018/uksi_2018682_en_1.html |
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Statutory Instruments
Investigatory Powers
Made
6th June 2018
Laid before Parliament
6th June 2018
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 52(3), 58(8)(a) and 271(2) and (3) of the Investigatory Powers Act 2016(1).
1.-(1) These Regulations may be cited as the Investigatory Powers (Consequential Amendments etc.) Regulations 2018.
(2) Subject to paragraph (3) these regulations come into force on 27th June 2018.
(3) Paragraph 3 of Schedule 1 comes into force on the day that paragraph 45 of Schedule 10 to the Investigatory Powers Act 2016 (repeal of Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000) comes into force for all purposes.
2. Schedule 1 (consequential amendments to secondary legislation) has effect.
3. Schedule 2 (revocations of secondary legislation) has effect.
4. Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000(2) by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, the amendments made by paragraphs 5, 9-29, 30(2) and 31-40 of Schedule 1 to these Regulations have effect as if the reference to any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 included a reference to Part 1 of the Regulation of Investigatory Powers Act 2000.
5. The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union established by Council Act of 29th May 2000 (2000/C197/01)(3) is designated as a relevant international agreement for the purposes of section 52(3) of the Investigatory Powers Act 2016 (interception in accordance with overseas requests).
6. In regulation 6(2)(b) of the Investigatory Powers (Disclosure of Statistical Information) Regulations 2018 (disclosure relating to a total number of factors)(4) after the words "to which the" insert "postal operator or".
Ben Wallace
Minister of State
Home Office
6th June 2018
Regulation 2
1. In regulation 60(1F)(b) of the Road Vehicles (Construction and Use) Regulations 1986 (requirements of Community Directive 72/245/EEC shall not apply to electrical/electronic sub-assemblies fitted under certain authorisations)(5), at the end insert "or under a warrant under Part 5 of the Investigatory Powers Act 2016".
2. In regulation 73(7)(b) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (requirements of Community Directive 72/245/EEC shall not apply to electrical/electronic sub-assemblies fitted under certain authorisations)(6) at the end insert "or under a warrant under Part 5 of the Investigatory Powers Act 2016".
3. In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000(7), omit paragraphs 2 and 3 (functions under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000).
4. In regulation 2(1) of the Misuse of Drugs Regulations 2001(8), in the definition of "prison", for "section 4(9) of the Regulation of Investigatory Powers Act 2000" substitute "section 49(3) of the Investigatory Powers Act 2016".
5. In article 3(9)(b) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (disclosure of information)(9) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
6. In paragraph 7(2) of Schedule 3 to the Tribunal Procedure (Upper Tribunal) Rules 2008 (exceptions to disclosure)(10) for "section 17 of the Regulation of Investigatory Powers Act 2000" substitute "section 56 of the Investigatory Powers Act 2016".
7.-(1) The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009(11) is amended as follows.
(2) In article 4(7) (initial duty of Director to disclose) for "section 17 of the Regulation of Investigatory Powers Act 2000" substitute "section 56 of the Investigatory Powers Act 2016".
(3) In article 13(9) (continuing duty of Director to disclose) for "section 17 of the Regulation of Investigatory Powers Act 2000" substitute "section 56 of the Investigatory Powers Act 2016".
(4) In article 14(6) (application by accused for disclosure) for "section 17 of the Regulation of Investigatory Powers Act 2000" substitute "section 56 of the Investigatory Powers Act 2016".
8. In the Schedule to the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009 (code of practice)(12) after paragraph 1(2) insert-
"(3) Nothing in the Code applies to-
(a)material intercepted under the authority of a warrant issued under Part 2 of the Investigatory Powers Act 2016 or any copy, as defined in section 53(10) of that Act, of that material, or
(b)material intercepted under the authority of a warrant issued under Chapter 1 of Part 6 of that Act or any copy, as defined in section 150(9) of that Act, of that material.".
9. In paragraph 6(2)(b) of the Schedule to the Somalia (Asset-Freezing) Regulations 2010 (application of information provisions)(13) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
10. In paragraph 6(2)(b) of the Schedule to the Libya (Financial Sanctions) Order 2011 (application of information provisions)(14) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
11. In paragraph 6(2)(b) of the Schedule to the Egypt (Asset-Freezing) Regulations 2011 (application of information provisions)(15) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
12. In paragraph 6(2)(b) of the Schedule to the Tunisia (Asset-Freezing) Regulations 2011 (application of information provisions)(16) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
13. In paragraph 6(2)(b) of the Schedule to the Iran (Asset-Freezing) Regulations 2011 (application of information provisions)(17) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
14. In paragraph 6(2)(b) of the Schedule to the Afghanistan (Asset-Freezing) Regulations 2011 (application of information provisions)(18) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
15. In paragraph 6(2)(b) of Schedule 1 to the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (application of information provisions)(19) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
16. In paragraph 6(2)(b) of the Schedule to the Syria (European Union Financial Sanctions) Regulations 2012 (application of information provisions)(20) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
17. In paragraph 6(2)(b) of the Schedule to the Guinea-Bissau (Asset-Freezing) Regulations 2012 (application of information provisions)(21) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
18. In paragraph 6(2)(b) of Schedule 1 to the Iraq (Asset-Freezing) Regulations 2012 (application of information provisions)(22) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
19. In paragraph 6(2)(b) of the Schedule to the Republic of Guinea (Asset-Freezing) Regulations 2012 (application of information provisions)(23) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
20. In paragraph 6(2)(b) of the Schedule to the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 (application of information provisions)(24) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
21. In paragraph 6(2)(b) of the Schedule to the Eritrea (Asset-Freezing) Regulations 2012 (application of information provisions)(25) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
22. In paragraph 6(2)(b) of the Schedule to the Lebanon and Syria (Asset-Freezing) Regulations 2012 (application of information provisions)(26) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
23. In paragraph 6(2)(b) of the Schedule to the Belarus (Asset-Freezing) Regulations 2013 (application of information provisions)(27) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
24. In paragraph 6(2)(b) of the Schedule to the Ukraine (European Union Financial Sanctions) Regulations 2014 (application of information provisions)(28) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
25. In paragraph 6(2)(b) of the Schedule to the Central African Republic (European Union Financial Sanctions) Regulations 2014 (application of information provisions)(29) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
26. In paragraph 6(2)(b) of the Schedule to the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014 (application of information provisions)(30) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
27. In paragraph 6(2)(b) of the Schedule to the Sudan (European Union Financial Sanctions) Regulations 2014 (application of information provisions)(31) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
28. In paragraph 6(2)(b) of Schedule to the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014 (application of information provisions)(32) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
29. In paragraph 6(2)(b) of the Schedule to the Yemen (European Union Financial Sanctions) Regulations 2014 (application of information provisions)(33) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
30.-(1) The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015(34) are amended as follows.
(2) In regulation 46(2)(c) (restriction on what may be required by information notice) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
(3) In regulation 49(4) (sensitive information: restrictions on further disclosure)-
(a)in the definition of "intercept information" for "19(3) of the Regulation of Investigatory Powers Act 2000" substitute "57(4) of the Investigatory Powers Act 2016";
(b)in the definition of "relevant interception warrant" after the words "Act 2000" insert "or Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016".
31. In paragraph 2(b) of Schedule 5 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (limitations on powers)(35) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
32. In paragraph 2(b) of Schedule 5 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (limitations on powers)(36) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
33. In paragraph 6(2)(b) of the Schedule to the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 (application of information provisions)(37) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
34. In paragraph 6(2)(b) of the Schedule to the Burundi (European Union Financial Sanctions) Regulations 2015 (application of information provisions)(38) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
35. In paragraph 6(2)(b) of the Schedule to the Iran (European Union Financial Sanctions) Regulations 2016 (application of information provisions)(39) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
36. In paragraph 6(2)(b) of the Schedule to the Libya (European Union Financial Sanctions) Regulations 2016 (application of information provisions)(40) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
37. In paragraph 6(2)(b) of the Schedule to the Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017 (application of information provisions)(41) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
38. In paragraph 6(2)(b) of the Schedule to the Republic of Mali (European Union Financial Sanctions) Regulations 2017 (application of information provisions)(42) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
39. In paragraph 6(2)(b) of the Schedule to the Venezuela (European Union Financial Sanctions) Regulations 2017 (application of information provisions)(43) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
40. In Paragraph 6(2)(b) of the Schedule to the Burma (European Union Financial Sanctions) Regulations 2018 (application of information provisions)(44) for "Part 1 of the Regulation of Investigatory Powers Act 2000" substitute "any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016".
Regulation 3
1. In article 3 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004 (modifications to RIPA)(45), omit paragraph (8) (modification of section 40 of RIPA).
2. In the Schedule to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (modifications of enactments)(46), omit paragraph 4(13) (modification of section 58 of RIPA).
3. In Schedule 1 to the Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (transfer of functions of the Office of Fair Trading and the Competition Commission to the Competition and Markets Authority and amendments consequential on Part 3 and 4 of the Act of 2013)(47), omit paragraph 140 (amendment of section 40 of RIPA).
(This note is not part of the Regulations)
Schedule 1 to these Regulations makes amendments to secondary legislation in consequence of the coming into force of the Investigatory Powers Act 2016 (c. 25).
Schedule 2 to these Regulations revokes provisions in secondary legislation that amended provisions of the Regulation of Investigatory Powers Act 2016 (c. 23) that have been repealed by that Act.
Regulation 5 designates the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union as an international agreement for the purposes of section 52 of the Investigatory Powers Act 2016. Section 52 provides that a telecommunications operator may intercept communications in response to a request by the authorities of another country or territory, where certain conditions are met. One of the conditions is that the request is made in accordance with an international agreement designated for that purpose by the Secretary of State.
The amendment made by regulation 6 corrects an error in S.I. 2018/349.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
2000 c. 23; there are amendments to Part 1 not relevant to these Regulations.
OJ No C 197, 12.7.2000, p.1.
S.I. 1986/1078; relevant amending instruments are S.I. 1996/2329 and 2002/2126.
S. R. 1999 No. 454; amended by S. R. 2003 No. 145. There are other amending instruments but none is relevant.
S.I. 2000/3253; amended by S.I. 2003/2617. There are other amending instruments but none is relevant.
S.I. 2001/3998; amended by S.I. 2015/891. There are other amending instruments but none is relevant.
S.I. 2007/1098, to which there are amendments not relevant to these Regulations.
S.I. 2008/2698; relevant amending instruments are S.I. 2010/747 and 2013/606.
S.I. 2010/2956, to which there are amendments not relevant to these Regulations.
S.I. 2011/548, to which there are amendments not relevant to these Regulations.
S.I. 2011/887, to which there are amendments not relevant to these Regulations.
S.I. 2011/888, to which there are amendments not relevant to these Regulations.
S.I. 2011/1129, to which there are amendments not relevant to these Regulations.
S.I. 2011/1893, to which there are amendments not relevant to these Regulations.
S.I. 2011/2742; amended by S.I. 2016/937. There are other amending instruments but none is relevant.
S.I. 2012/129, to which there are amendments not relevant to these Regulations.
S.I. 2012/1301, to which there are amendments not relevant to these Regulations.
S.I. 2012/1489, to which there are amendments not relevant to these Regulations.
S.I. 2012/1508, to which there are amendments not relevant to these Regulations.
S.I. 2012/1511, to which there are amendments not relevant to these Regulations.
S.I. 2012/1515, to which there are amendments not relevant to these Regulations.
S.I. 2012/1517, to which there are amendments not relevant to these Regulations.
S.I. 2013/164, to which there are amendments not relevant to these Regulations.
S.I. 2014/507, to which there are amendments not relevant to these Regulations.
S.I. 2014/587, to which there are amendments not relevant to these Regulations.
S.I. 2014/693, to which there are amendments not relevant to these Regulations.
S.I. 2014/1826, to which there are amendments not relevant to these Regulations.
S.I. 2014/2054, to which there are amendments not relevant to these Regulations.
S.I. 2014/3349, to which there are amendments not relevant to these Regulations.
S.I. 2015/431, to which there are amendments not relevant to these Regulations.
S.I. 2015/1361, to which there are amendments not relevant to these Regulations.
S.I. 2015/1740, to which there are amendments not relevant to these Regulations.
S.I. 2016/36, to which there are amendments not relevant to these Regulations.
S.I. 2016/45, to which there are amendments not relevant to these Regulations.
S.I. 2017/218 to which there are amendments not relevant to these Regulations.
S.I. 2004/815, amended by S.I. 2017/1250. There are other amending instruments but none is relevant.
S.I. 2007/1098, amended by paragraph 150 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15). There are other amendments but none is relevant.
S.I. 2014/892, to which there are amendments not relevant to these Regulations.
