71 Issue and revision of codes of practice.U.K.
(1)The Secretary of State shall issue one or more codes of practice relating to the exercise and performance of the powers and duties mentioned in subsection (2).
(2)Those powers and duties are those (excluding any power to make subordinate legislation [F1and subject to subsection (10)]) that are conferred or imposed otherwise than on [F2a Judicial Commissioner ] [F3or the relevant judicial authority (within the meaning of section F4... 32A)] by or under—
(a)[F5Parts 2 and 3] of this Act;
(b)section 5 of the M1Intelligence Services Act 1994 (warrants for interference with property or wireless telegraphy for the purposes of the intelligence services); and
(c)Part III of the M2Police Act 1997 (authorisation by the police or [F6Her Majesty's Revenue and Customs] of interference with property or wireless telegraphy).
F7(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Before issuing a code of practice under subsection (1), the Secretary of State shall—
(a)prepare and publish a draft of that code; and
(b)consider any representations made to him about the draft;
and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.
(4)The Secretary of State shall lay before both Houses of Parliament every draft code of practice prepared and published by him under this section.
(5)A code of practice issued by the Secretary of State under this section shall not be brought into force except in accordance with an order made by the Secretary of State.
(6)An order under subsection (5) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the bringing into force of the code brought into force by that order.
(7)The Secretary of State may from time to time—
(a)revise the whole or any part of a code issued under this section; and
(b)issue the revised code.
(8)Subsections [F8(3)] to (6) shall apply (with appropriate modifications) in relation to the issue of any revised code under this section as they apply in relation to the first issue of such a code.
(9)The Secretary of State shall not make an order containing provision for any of the purposes of this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
F9(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 71(2) inserted (17.6.2011) by The Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340), regs. 1(2), 2(2)
F2Words in s. 71(2) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 81 (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F3Words in s. 71(2) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 14 (with s. 97); S.I. 2012/2075, art. 4(d)
F4Words in s. 71(2) omitted (22.7.2020) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 56 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iii)
F5Words in s. 71(2)(a) substituted (27.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 5(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(a)
F6Words in s. 71(2)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), ss. 88, 94, Sch. 12 para. 25; S.I. 2008/219, art. 2(b)
F7S. 71(2A) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 5(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(a)
F8Word in s. 71(8) substituted (27.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 5(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(a)
F9S. 71(10) omitted (27.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 47 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 5(g)
Modifications etc. (not altering text)
C1S. 71 modified (31.7.2014) by The Data Retention Regulations 2014 (S.I. 2014/2042), regs. 1(2), 10(3), 15(7)
C2S. 71(2) modified (31.7.2014) by The Data Retention Regulations 2014 (S.I. 2014/2042), regs. 1(2), 10(2), 15(7)
C3S. 71(10) modified (temp.) (29.5.2018) by The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018 (S.I. 2018/652), reg. 19(4)
Commencement Information
I1S. 71 not in force at Royal Assent see s. 83(2); s. 71 in force for certain purposes at 25.9.2000 and 2.10.2000 by S.I. 2000/2543, arts. 2, 3; s. 71 in force for certain other purposes at 13.8.2001 by S.I. 2001/2727, art. 2; s. 71 in force for further certain purposes at 1.10.2007 by S.I. 2007/2196, art. 2(h)
Marginal Citations