Investigatory Powers Act 2016

Part 6 Judicial Commissioners

Police Act 1997

71 The Police Act 1997 is amended as follows.

72 In section 103(8) (appeals) for “the period” substitute “any period”.

73 In section 105(1)(b)(iii) (reports of appeals dismissed) omit “under section 107(2),”.

74 In section 108(1) (interpretation of Part 3) after the definition of “designated deputy” insert—

• ““the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);”.

Regulation of Investigatory Powers Act 2000

75 The Regulation of Investigatory Powers Act 2000 is amended as follows.

76 In section 37(9)(a) (appeals against decisions of ordinary Surveillance Commissioners) for “the period” substitute “any period”.

77 In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—

(a) for “Subsections (3) and (4) of section 107 of the Police Act 1997” substitute “Subsections (6) to (8) of section 234 of the Investigatory Powers Act 2016”, and

(b) for “subsection (2) of that section” substitute “subsection (1) of that section”.

78 Omit section 40 (information to be provided to Surveillance Commissioners).

79 In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief Surveillance Commissioner of certain directions relating to the disclosure of a key to protected information) for “the Commissioner in question” substitute “the Investigatory Powers Commissioner”.

80 (1) Section 64 (delegation of Commissioners’ functions) is amended as follows.

(2) In the heading for “Commissioners’ functions” substitute “functions of the Investigatory Powers Commissioner for Northern Ireland”.

(3) In subsection (1)—

(a) omit “or any provision of an Act of the Scottish Parliament”, and

(b) for “a relevant Commissioner” substitute “the Investigatory Powers Commissioner for Northern Ireland”.

(4) Omit subsection (2).

81 In section 71(2) (issue and revision of codes of practice) for “the Surveillance Commissioners” substitute “a Judicial Commissioner”.

82 (1) Section 72 (effect of codes of practice) is amended as follows.

(2) In subsection (4) for paragraphs (c) to (e) (and the word “or” between paragraphs (d) and (e)) substitute—

“(ba) the Investigatory Powers Commissioner for Northern Ireland carrying out functions under this Act, or

(bb) the Investigatory Powers Commissioner or any other Judicial Commissioner carrying out functions under this Act, the Investigatory Powers Act 2016 or the Police Act 1997,”.

(3) Omit subsection (5).

83 (1) Section 81(1) (general definitions) is amended as follows.

(2) Omit the definitions of “Assistant Surveillance Commissioner”, “ordinary Surveillance Commissioner”, “Surveillance Commissioner” and “Chief Surveillance Commissioner”.

(3) After the definition of “interception warrant” insert—

• ““the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);”.

Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

84 The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as follows.

85 In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance” substitute “Judicial”.

86 In section 2(10) (restrictions on appeals against Commissioners)—

(a) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner”, and

(b) for “other Surveillance Commissioner” substitute “other Judicial Commissioner”.

87 In the heading of section 16 for “Surveillance Commissioners” substitute “Judicial Commissioners”.

88 Omit section 18 (information to be provided to Surveillance Commissioners).

89 In the cross-heading before section 21 (Chief Surveillance Commissioner) for “Chief Surveillance” substitute “Investigatory Powers”.

90 Omit section 21 (functions of Chief Surveillance Commissioner).

91 (1) Section 22 (co-operation with, and reports by, Chief Surveillance Commissioner) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner”.

(4) In subsection (3)—

(a) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner”, and

(b) after “under” insert “, and in relation to,”.

92 In section 24(2) (issue and revision of codes of practice) for “the Surveillance Commissioners appointed under this Act or the Commissioners holding office under section 91 of that Act” substitute “the Judicial Commissioners”.

93 In section 26(4) (effect of codes of practice)—

(a) in paragraph (b) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner”, and

(b) in paragraph (c) for “a Surveillance Commissioner” substitute “a Judicial Commissioner (other than the Investigatory Powers Commissioner)”.

94 (1) Section 31(1) (interpretation) is amended as follows.

(2) After the definitions of “directed” and “intrusive” insert—

• ““the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);”.

(3) Omit the definitions of “ordinary Surveillance Commissioner”, “Surveillance Commissioner” and “Chief Surveillance Commissioner”.

Terrorism Prevention and Investigation Measures Act 2011

95 In section 21(3)(b) of the Terrorism Prevention and Investigation Measures Act 2011 (duty to consult certain persons before making an order for the continuation, repeal etc. of TPIM powers) for “the Intelligence Services Commissioner” substitute “the Investigatory Powers Commissioner”.

Protection of Freedoms Act 2012

96 The Protection of Freedoms Act 2012 is amended as follows.

97 (1) Section 29 (code of practice for surveillance camera systems) is amended as follows.

(2) In subsection (5)(d) (duty to consult certain persons in preparing code) for “the Chief Surveillance Commissioner” substitute “the Investigatory Powers Commissioner”.

(3) In subsection (7) omit the definition of “the Chief Surveillance Commissioner”.

98 In section 33(8)(d) (duty to consult before making an order identifying who must have regard to the code) for “the Chief Surveillance Commissioner” substitute “the Investigatory Powers Commissioner”.