- Latest available (Revised)
- Original (As enacted)
Prospective version(s) available. Show Timeline of Changes
The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.
The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.
To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Regulation of Investigatory Powers Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)There shall, for the purpose of exercising the jurisdiction conferred on them by this section, be a tribunal consisting of such number of members as Her Majesty may by Letters Patent appoint.
(2)The jurisdiction of the Tribunal shall be—
(a)to be the only appropriate tribunal for the purposes of section 7 of the M1Human Rights Act 1998 in relation to any proceedings under subsection (1)(a) of that section (proceedings for actions incompatible with Convention rights) which fall within subsection (3) of this section;
(b)to consider and determine any complaints made to them which, in accordance with subsection (4), are complaints for which the Tribunal is the appropriate forum;
(c)to consider and determine any reference to them by any person that he has suffered detriment as a consequence of any prohibition or restriction, by virtue of section 17, on his relying in, or for the purposes of, any civil proceedings on any matter; and
(d)to hear and determine any other such proceedings falling within subsection (3) as may be allocated to them in accordance with provision made by the Secretary of State by order.
(3)Proceedings fall within this subsection if—
(a)they are proceedings against any of the intelligence services;
(b)they are proceedings against any other person in respect of any conduct, or proposed conduct, by or on behalf of any of those services;
(c)they are proceedings brought by virtue of section 55(4); or
(d)they are proceedings relating to the taking place in any challengeable circumstances of any conduct falling within subsection (5).
(4)The Tribunal is the appropriate forum for any complaint if it is a complaint by a person who is aggrieved by any conduct falling within subsection (5) which he believes—
(a)to have taken place in relation to him, to any of his property, to any communications sent by or to him, or intended for him, or to his use of any postal service, telecommunications service or telecommunication system; and
(b)to have taken place in challengeable circumstances or to have been carried out by or on behalf of any of the intelligence services.
(5)Subject to subsection (6), conduct falls within this subsection if (whenever it occurred) it is—
(a)conduct by or on behalf of any of the intelligence services;
(b)conduct for or in connection with the interception of communications in the course of their transmission by means of a postal service or telecommunication system;
(c)conduct to which Chapter II of Part I applies;
[F1(ca)the carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);]
(e)the giving of a notice under section 49 or any disclosure or use of a key to protected information;
(f)any entry on or interference with property or any interference with wireless telegraphy.
(6)For the purposes only of subsection (3), nothing mentioned in paragraph (d) or (f) of subsection (5) shall be treated as falling within that subsection unless it is conduct by or on behalf of a person holding any office, rank or position with—
(a)any of the intelligence services;
(b)any of Her Majesty’s forces;
(c)any police force;
[F3(d)the Serious Organised Crime Agency; or]
F4(f)the Commissioners of Customs and Excise;
and section 48(5) applies for the purposes of this subsection as it applies for the purposes of Part II.
(7)For the purposes of this section conduct takes place in challengeable circumstances if—
(a)it takes place with the authority, or purported authority, of anything falling within subsection (8); or
(b)the circumstances are such that (whether or not there is such authority) it would not have been appropriate for the conduct to take place without it, or at least without proper consideration having been given to whether such authority should be sought;
but conduct does not take place in challengeable circumstances to the extent that it is authorised by, or takes place with the permission of, a judicial authority.
[F5(7A)For the purposes of this section conduct also takes place in challengeable circumstances if it takes place, or purports to take place, under section 76A.]
F5(8)The following fall within this subsection—
(a)an interception warrant or a warrant under the M2Interception of Communications Act 1985;
(b)an authorisation or notice under Chapter II of Part I of this Act;
(c)an authorisation under Part II of this Act or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by that Part;
(d)a permission for the purposes of Schedule 2 to this Act;
(e)a notice under section 49 of this Act; or
(f)an authorisation under section 93 of the M3Police Act 1997.
(9)Schedule 3 (which makes further provision in relation to the Tribunal) shall have effect.
(10)In this section—
(a)references to a key and to protected information shall be construed in accordance with section 56;
(b)references to the disclosure or use of a key to protected information taking place in relation to a person are references to such a disclosure or use taking place in a case in which that person has had possession of the key or of the protected information; and
(c)references to the disclosure of a key to protected information include references to the making of any disclosure in an intelligible form (within the meaning of section 56) of protected information by a person who is or has been in possession of the key to that information;
and the reference in paragraph (b) to a person’s having possession of a key or of protected information shall be construed in accordance with section 56.
(11)In this section “ ” means—
(a)any judge of the High Court or of the Crown Court or any Circuit Judge;
(b)any judge of the High Court of Justiciary or any sheriff;
(c)any justice of the peace;
(d)any county court judge or resident magistrate in Northern Ireland;
(e)any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: