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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

Advisory bodies

245Technical Advisory Board

(1)There is to continue to be a Technical Advisory Board consisting of such number of persons appointed by the Secretary of State as the Secretary of State may by regulations provide.

(2)The regulations providing for the membership of the Technical Advisory Board must also make provision which is calculated to ensure—

(a)that the membership of the Board includes persons likely effectively to represent the interests of persons on whom obligations may be imposed by virtue of retention notices under Part 4, national security notices under section 252 or technical capability notices under section 253,

(b)that the membership of the Board includes persons likely effectively to represent the interests of persons entitled to apply for warrants under Part 2, 5, 6 or 7 or authorisations under Part 3,

(c)that such other persons (if any) as the Secretary of State considers appropriate may be appointed to be members of the Board, and

(d)that the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraph (a) and the representation of those mentioned in paragraph (b).

(3)Regulations under this section may also make provision about quorum and the filling of vacancies.

246Technology Advisory Panel

(1)The Investigatory Powers Commissioner must ensure that there is a Technology Advisory Panel to provide advice to the Investigatory Powers Commissioner, the Secretary of State and the Scottish Ministers about—

(a)the impact of changing technology on the exercise of investigatory powers whose exercise is subject to review by the Commissioner, and

(b)the availability and development of techniques to use such powers while minimising interference with privacy.

(2)The Technology Advisory Panel must provide advice to the Investigatory Powers Commissioner about such matters falling within subsection (1)(a) or (b) as the Commissioner may direct.

(3)Subject to this, the Panel may provide advice to the Investigatory Powers Commissioner about such matters falling within subsection (1)(a) or (b) as it considers appropriate (whether or not requested to do so).

(4)The Panel may provide advice to the Secretary of State or the Scottish Ministers about such matters falling within subsection (1)(a) or (b) as it considers appropriate (whether or not requested to do so) but such advice to the Scottish Ministers may only relate to matters for which the Scottish Ministers are responsible.

(5)The Panel must, as soon as reasonably practicable after the end of each calendar year, make a report to the Investigatory Powers Commissioner about the carrying out of the functions of the Panel.

(6)The Panel must, at the same time, send a copy of the report to the Secretary of State and (so far as relating to matters for which the Scottish Ministers are responsible) the Scottish Ministers.

247Members of the Panel

(1)The Investigatory Powers Commissioner must appoint such number of persons as members of the Technology Advisory Panel as the Commissioner considers necessary for the carrying out of the functions of the Panel.

(2)Subject as follows, each member of the Panel holds and vacates office in accordance with the member’s terms and conditions of appointment.

(3)A member of the Panel must not act in a way which the member considers to be contrary to the public interest or prejudicial to—

(a)national security,

(b)the prevention or detection of serious crime, or

(c)the economic well-being of the United Kingdom.

(4)A member of the Panel must, in particular, ensure that the member does not—

(a)jeopardise the success of an intelligence or security operation or a law enforcement operation,

(b)compromise the safety or security of those involved, or

(c)unduly impede the operational effectiveness of an intelligence service, a police force, a government department or Her Majesty’s forces.

(5)Section 235(2) and (7) (information powers) apply to a member of the Panel as they apply to a Judicial Commissioner.

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