Draft Regulations laid before Parliament under section 268(3) of the Investigatory Powers Act 2016, for approval by resolution of each House of Parliament after the expiry of the 40-day period referred to in section 268(4) of that Act.
2022 No.
The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022
Made
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 71(1) of the Investigatory Powers Act 20161.
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 period2 referred to in section 268(4) of that Act.
Citation, commencement and extent1
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 20162
1
The table in Part 1 of Schedule 4 to the Investigatory Powers Act 20163 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 Eavesdropping4—
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”
.
(This note is not part of the Regulations)