Draft Order laid before Parliament under paragraph 2(a) of Schedule 2 to the Human Rights Act 1998 (c. 42) for approval by resolution of each House of Parliament.
2023 No.
The Investigatory Powers Act 2016 (Remedial) Order 2023
Made
Coming into force
It appears to the Secretary of State, following a finding of the European Court of Human Rights in proceedings against the United Kingdom1, that section 154 of the Investigatory Powers Act 20162 is incompatible with an obligation of the United Kingdom arising from the Convention3.
The Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order4 to make such amendments to section 154 of the Investigatory Powers Act 2016 as the Secretary of State considers necessary to remove the incompatibility.
In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 19985, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of that Schedule.
Accordingly, the Secretary of State makes this Order, in exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a), (2)(a) and (3) of Schedule 2 to, the Human Rights Act 1998.