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Regulation of Investigatory Powers Act 2000

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Regulation of Investigatory Powers Act 2000, Cross Heading: Supplemental is up to date with all changes known to be in force on or before 03 June 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SupplementalU.K.

77 Ministerial expenditure etc.U.K.

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and

(b)any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

[F177AProcedure for order of sheriff under section F2... 32A: ScotlandU.K.

(1)This section applies to an application to the sheriff for an order under section F3... 32A.

(2)Rules of court must make provision for the purposes of ensuring that an application to which this section applies is dealt with in private and must, in particular—

(a)require the sheriff to determine an application in private,

(b)secure that any hearing is to be held in private, and

(c)ensure that notice of an application (or of any order being made) is not given to—

(i)the person to whom the authorisation or notice which is the subject of the application or order relates, or

(ii)such a person's representatives.

(3)The Court of Session's power under section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate and prescribe the procedure and practice to be followed in relation to an application to which this section applies is subject to, but is not otherwise constrained by, [F4section 32B] and this section.

Textual Amendments

F1Ss. 77A, 77B inserted (1.11.2012 for specified purposes) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 15 (with s. 97); S.I. 2012/2075, art. 4(e)

F2Words in s. 77A heading omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(a)

F3Words in s. 77A(1) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(b)

F4Words in s. 77A(3) substituted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(2)(c)

77BProcedure for order of district judge under section F5... 32A: Northern IrelandU.K.

(1)The Lord Chancellor may by order make further provision about the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section F6... 32A.

(2)Such an order may, in particular, provide—

(a)for the manner in which, and time within which, an application may be made,

(b)that the district judge (magistrates' courts) is to determine an application—

(i)in chambers,

(ii)in the absence of the person to whom the authorisation or notice which is the subject of the application relates,

(c)that any hearing is to be held in private,

(d)that notice of an order given is not to be given to—

(i)the person to whom the authorisation or notice which is the subject of the order relates, or

(ii)such a person's legal representatives.

(3)An order of the Lord Chancellor under this section may not make provision which, if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998).

(4)The power of the Magistrates' Courts Rules Committee under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to regulate and prescribe the procedure and practice to be followed in relation to an application to a district judge (magistrates' courts) in Northern Ireland for an order under section F7... 32A is subject to, but is not otherwise constrained by, [F8section 32B] and any order made under this section.]

Textual Amendments

F1Ss. 77A, 77B inserted (1.11.2012 for specified purposes) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 15 (with s. 97); S.I. 2012/2075, art. 4(e)

F5Words in s. 77B heading omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(a)

F6Words in s. 77B(1) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(b)

F7Words in s. 77B(4) omitted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(c)(i)

F8Words in s. 77B(4) substituted (coming into force in accordance with reg. 1(4)(e)(5) of the amending S.I.) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), Sch. 2 para. 1(3)(c)(ii)

78 Orders, regulations and rules.U.K.

(1)This section applies to any power of the Secretary of State [F9or the Lord Chancellor] to make any order, regulations or rules under any provision of this Act.

(2)The powers to which this section applies shall be exercisable by statutory instrument.

(3)A statutory instrument which contains any order made in exercise of a power to which this section applies (other than the power to appoint a day under section 83(2)) but which contains neither—

(a)an order a draft of which has been approved for the purposes of section F10... 22(9),[F1123A(6),] 25(5), 28(5), 29(6), 30(7), [F1232A(7),] 35(5), 41(6), 47(2), 66(3), 67(11) [F13, 71(9) or 76A(9)] nor

(b)the order to which section 35(7) applies,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)A statutory instrument containing any regulations made in exercise of a power to which this section applies [F14(other than regulations under section 67A(5))] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F15(4A)A statutory instrument containing regulations under section 67A(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

(5)Any order, regulations or rules made in exercise of a power to which this section applies may—

(a)make different provisions for different cases;

(b)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State [F16or (as the case may be) the Lord Chancellor] thinks fit.

79 Criminal liability of directors etc.U.K.

(1)Where an offence under any provision of this Act other than a provision of Part III is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(2)Where an offence under any provision of this Act other than a provision of Part III—

(a)is committed by a Scottish firm, and

(b)is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,

he (as well as the firm) shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(3)In this section “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

80 General saving for lawful conduct.U.K.

Nothing in any of the provisions of this Act by virtue of which conduct of any description is or may be authorised by any warrant, authorisation or notice, or by virtue of which information may be obtained in any manner, shall be construed—

(a)as making it unlawful to engage in any conduct of that description which is not otherwise unlawful under this Act and would not be unlawful apart from this Act;

(b)as otherwise requiring—

(i)the issue, grant or giving of such a warrant, authorisation or notice, or

(ii)the taking of any step for or towards obtaining the authority of such a warrant, authorisation or notice,

before any such conduct of that description is engaged in; or

(c)as prejudicing any power to obtain information by any means not involving conduct that may be authorised under this Act.

81 General interpretation.U.K.

(1)In this Act—

  • [F17apparatus” has the same meaning as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);]

  • Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;

  • F18...

  • civil proceedings” means any proceedings in or before any court or tribunal that are not criminal proceedings;

  • communication” includes—

    (a)

    F19... anything transmitted by means of a postal service;

    (b)

    anything comprising speech, music, sounds, visual images or data of any description; and

    (c)

    signals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus;

  • criminal”, in relation to any proceedings F20..., shall be construed in accordance with subsection (4);

  • F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • document” includes a map, plan, design, drawing, picture or other image;

  • enactment” includes—

    (a)

    an enactment passed after the passing of this Act; and

    (b)

    an enactment contained in Northern Ireland legislation;

  • GCHQ” has the same meaning as in the M1Intelligence Services Act 1994;

  • Her Majesty’s forces” has the same meaning as in the [F22Armed Forces Act 2006];

  • intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ;

  • interception” and cognate expressions shall be construed (so far as it is applicable) in accordance with [F23section 2] [F23sections 4 and 5 of the Investigatory Powers Act 2016];

  • interception warrant” means[F24

    (a)

    a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

    (b)

    a bulk interception warrant under Chapter 1 of Part 6 of that Act];

  • [F25the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);]

  • [F26justice of the peace” does not include a justice of the peace in Northern Ireland;]

  • legal proceedings” means civil or criminal proceedings in or before any court or tribunal [F27or proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006];

  • modification” includes alterations, additions and omissions, and cognate expressions shall be construed accordingly;

  • F18...

  • person” includes any organisation and any association or combination of persons;

  • police force” means any of the following—

    (a)

    any police force maintained under section 2 of the M2Police Act 1996 (police forces in England and Wales outside London);

    (b)

    the metropolitan police force;

    (c)

    the City of London police force;

    (d)

    [F28the Police Service of Scotland;]

    (e)

    the Royal Ulster Constabulary;

    (f)

    the Ministry of Defence Police;

    (g)

    the [F29Royal Navy Police];

    (h)

    the Royal Military Police;

    (i)

    the Royal Air Force Police;

    (j)

    the British Transport Police;

  • [F30“postal service” and “public postal service” have the meanings given by section 2(1);] [F30postal service” has the same meaning as in the Investigatory Powers Act 2016 (see section 262(7) of that Act);]

  • F31...

  • public authority” means any public authority within the meaning of section 6 of the M3Human Rights Act 1998 (acts of public authorities) other than a court or tribunal;

  • senior official” means, subject to subsection (7), a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service;

  • statutory”, in relation to any power or duty, means conferred or imposed by or under any enactment or subordinate legislation;

  • subordinate legislation” means any subordinate legislation (within the meaning of the M4Interpretation Act 1978) or any statutory rules (within the meaning of the M5Statutory Rules (Northern Ireland) Order 1979);

  • F18...

  • telecommunication system” and “telecommunications service” have [F32the same meanings as in the Investigatory Powers Act 2016 (see section 261(11) to (13) of that Act)];

  • the Tribunal” means the tribunal established under section 65;

  • wireless telegraphy” has the same meaning as in the [F33the Wireless Telegraphy Act 2006] and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act;

  • working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the M6Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2)In this Act—

(a)references to crime are references to conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences; and

(b)references to serious crime are references to crime that satisfies the test in subsection (3)(a) or (b).

(3)Those tests are—

(a)that the offence or one of the offences that is or would be constituted by the conduct is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more;

(b)that the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

(4)In this Act “criminal proceedings” includes [F34proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006,] F35....

(5)For the purposes of this Act detecting crime shall be taken to include—

(a)establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and

(b)the apprehension of the person by whom any crime was committed;

and any reference in this Act to preventing or detecting serious crime shall be construed accordinglyF36....

(6)In this Act—

(a)references to a person holding office under the Crown include references to any servant of the Crown and to any member of Her Majesty’s forces; and

(b)references to a member of a police force, in relation to the [F37Royal Navy Police], the Royal Military Police or the Royal Air Force Police, do not include references to any member of [F38that force who is not for the time being attached to or serving either with that force or with another of those police forces].

(7)If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the [F39statutory civil service (or any part of it)], he may by order make such amendments of the definition of “senior official” in subsection (1) as appear to him appropriate to preserve, so far as practicable, the effect of that definition.

[F40(8) In subsection (7) “the statutory civil service” means—

(a)the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act), but

(b)also includes the Government Communications Headquarters.]

[F41(9)References in this Act to provision which, if it were contained in an Act of the Northern Ireland Assembly, would deal with a Northern Ireland transferred matter or (as the case may be) a transferred matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3)) do not include references to any such provision which would be ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).]

Textual Amendments

F19Words in s. 81(1) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(b)

F21S. 81(1): definition of "customs officer" repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 92, 94, Sch. 12 para. 27, Sch. 14; S.I. 2008/219, art. 2(d)(ii)

F22S. 81(1): words in the definition of "Her Majesty's forces" substituted (28.3.2009 for certain purposes, otherwise 30.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F23Words in s. 81(1) substituted (27.6.2018 for specified purposes) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(aa)(ii)

F26S. 81(1): definition inserted (1.4.2005) by 2002 c. 26, ss. 10, 87, Sch. 4 para. 40; S.R. 2005/109, art. 2, Sch.

F27S. 81(1): words in the definition of "legal proceedings" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F29S. 81(1): words in the definition of "police force" substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(2)(c); S.I. 2007/1442, art. 2(1)

F30Words in s. 81(1) substituted (27.6.2018 for specified purposes) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(5) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(bb)(ii)

F31Words in s. 81(1) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 6(6) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(b)

F33S. 81(1): words in the definition of "wireless telegraphy" substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 24

F34S. 81(4): words substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) for s. 81(4)(a)-(c) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 175(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F35Words in s. 81(5) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 49(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(h)

F36Words in s. 81(4) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 49(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(h)

Modifications etc. (not altering text)

C1S. 81(5) applied (25.9.2000) by 1989 c. 5, s. 1(5) (as inserted (25.9.200) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 4(1))

S. 81(5) applied (25.9.2000) by 1994 c. 13, s. 11(1A) (as inserted (25.9.2000) by 2000 c. 23, ss. 82, 83(2), Sch. 4 para. 6 (with s. 82(3)))

C3S. 81(5) applied (24.12.2008) by Counter-Terrorism Act 2008, (c. 28), {ss. 21(4)}, 91, 100 (with s. 101(2)); S.I. 2008/3296, art. 2

Marginal Citations

82 Amendments, repeals and savings etc.U.K.

(1)The enactments specified in Schedule 4 (amendments consequential on the provisions of this Act) shall have effect with the amendments set out in that Schedule.

(2)The enactments mentioned in Schedule 5 are hereby repealed to the extent specified in the third column of that Schedule.

(3)For the avoidance of doubt it is hereby declared that nothing in this Act F42. . .affects any power conferred on [F43a postal operator (within the meaning of [F44Part 3 of the Postal Services Act 2011])] by or under any enactment to open, detain or delay any postal packet or to deliver any such packet to a person other than the person to whom it is addressed.

F45(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Words in s. 82(3) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F43Words in s. 82(3) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 135(3) (with art. 4(8))

Commencement Information

I1S. 82 wholly in force; s. 82 not in force at Royal Assent see s. 83(2); s. 82(1)(2) in force for certain purposes at 25.9.2000 and s. 82 in force to the extent that it is not already in force at 2.10.2000 by S.I. 2000/2543, arts. 2, 3 (subject to transitional provisions in arts. 5, 6)

83 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Regulation of Investigatory Powers Act 2000.

(2)The provisions of this Act, other than this section, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.

(3)This Act extends to Northern Ireland.

Subordinate Legislation Made

P1S. 83(2) power partly exercised: different dates appointed for specified provisions by S.I. 2000/2543 (with transitional provisions in art. 5, 6); s. 83(2) power partly excercised: 13.8.2001 appointed for other specified provisions by S.I. 2001/2727; s. 83(2) power partly exercised: 5.1.2004 appointed for specified provisions by {S.I. 2003/3140}, art. 2; s. 83(2) power partly exercised: 1.10.2007 appointed for specified provisions by {S.I. 2007/2196}, art. 2

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