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The Investigatory Powers (Technical Capability) Regulations 2018

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Investigatory Powers (Technical Capability) Regulations 2018 No. 353

Draft Regulations laid before Parliament under section 267(3)(i) of the Investigatory Powers Act 2016, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2018 No.

Investigatory Powers

The Investigatory Powers (Technical Capability) Regulations 2018

Made

***

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by sections 253(3) and (5) and 267(1)(b) of the Investigatory Powers Act 2016(1), makes the following Regulations.

In accordance with section 253(4) of that Act, the Secretary of State considers that the obligations in the Schedules to these Regulations are obligations that are reasonable to impose on those relevant operators(2) to whom the obligations apply for the purpose of securing that it is (and remains) practicable to impose requirements on those relevant operators to provide assistance in relation to relevant authorisations(3), and that it is (and remains) practicable for those relevant operators to comply with those requirements.

In accordance with section 253(6) of that Act, before making these Regulations the Secretary of State has consulted the Technical Advisory Board, persons appearing to the Secretary of State to be likely to be subject to the obligations specified in these Regulations and those representing such persons, and persons with statutory functions in relation to persons appearing to the Secretary of State to be likely to be subject to the obligations specified in these Regulations.

In accordance with section 267(3)(i) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

(2)

“Relevant operator” is defined in section 253(3) of the Act.

(3)

“Relevant authorisation” is defined in section 253(3) of the Act.

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