Search Legislation

Investigatory Powers Act 2016

Status:

This is the original version (as it was originally enacted).

Supplementary provision

266Offences by bodies corporate etc.

(1)This section applies if an offence under this Act is committed by a body corporate or a Scottish partnership.

(2)If the offence 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 senior officer of the body corporate or Scottish partnership, or

(b)a person purporting to act in such a capacity,

the senior officer or person (as well as the body corporate or partnership) is guilty of the 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,

  • “senior officer” means—

    (a)

    in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate, and

    (b)

    in relation to a Scottish partnership, a partner in the partnership.

267Regulations

(1)Any power of the Secretary of State or the Treasury to make regulations under this Act—

(a)is exercisable by statutory instrument,

(b)may be exercised so as to make different provision for different purposes or different areas, and

(c)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(2)See sections 72(3) and 73(6) for the procedure for a statutory instrument containing regulations under section 71 to which section 72 applies or (as the case may be) regulations under section 73(4) to which section 73(5) applies (enhanced affirmative procedure).

(3)A statutory instrument containing regulations under—

(a)section 12(4) or 271(2) which amend or repeal any provision of primary legislation,

(b)section 46(2),

(c)section 52(5),

(d)section 83,

(e)section 90(1),

(f)section 239,

(g)section 240(3),

(h)section 245,

(i)section 253,

(j)section 257(1), or

(k)paragraph 33 of Schedule 8,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)A statutory instrument containing—

(a)regulations under section 12(4) or 271(2) to which subsection (3) does not apply,

(b)regulations under section 65(5), or

(c)regulations under paragraph 2(1)(b) of Schedule 5,

is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(5)A statutory instrument containing—

(a)regulations under section 10(3),

(b)regulations under section 52(3),

(c)regulations under section 58(8)(a),

(d)regulations under section 71 to which section 72 does not apply,

(e)regulations under section 73(4) to which section 73(5) does not apply,

(f)regulations under section 133(6)(a), or

(g)regulations under section 255(7),

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

(6)A statutory instrument containing regulations under paragraph 4 of Schedule 5 is subject to annulment in pursuance of a resolution of the House of Commons.

(7)See paragraphs 4(4) and 5(5) of Schedule 7 for the procedure for a statutory instrument containing regulations about the coming into force of a code of practice under that Schedule or of any revisions to such a code of practice (affirmative procedure or, in the case of the coming into force of revisions, a choice between that procedure and laying before Parliament after being made).

(8)A statutory instrument containing regulations which are subject to a particular parliamentary procedure under this Act may also include regulations which are subject to a different or no parliamentary procedure under this Act (but this subsection does not apply to regulations mentioned in subsection (2), (4), (6) or (7)).

(9)A statutory instrument which, by virtue of subsection (8), contains regulations which are subject to different parliamentary procedures, or one or more parliamentary procedure and no parliamentary procedure, is subject to whichever procedure is the higher procedure; and the order is as follows (the highest first)—

(a)the procedure set out in subsection (3) (the affirmative procedure),

(b)the procedure set out in subsection (5) above (the negative procedure),

(c)no procedure.

(10)Provision is not prevented from being included in regulations made under this Act merely because the provision could have been included in other regulations made under this Act which would have been subject to a different or no parliamentary procedure.

268Enhanced affirmative procedure

(1)For the purposes of regulations under section 71 to which section 72 applies and regulations under section 73(4) to which section 73(5) applies, the enhanced affirmative procedure is as follows.

(2)Subsection (3) applies if—

(a)the Secretary of State has consulted under section 72(2) or (as the case may be) 73(5) in relation to making such regulations,

(b)a period of at least 12 weeks, beginning with the day on which any such consultation first began, has elapsed, and

(c)the Secretary of State considers it appropriate to proceed with making such regulations.

(3)The Secretary of State must lay before Parliament—

(a)draft regulations, and

(b)a document which explains the regulations.

(4)The Secretary of State may make regulations in the terms of the draft regulations laid under subsection (3) if, after the end of the 40-day period, the draft regulations are approved by a resolution of each House of Parliament.

(5)But subsections (6) to (9) apply instead of subsection (4) if—

(a)either House of Parliament so resolves within the 30-day period, or

(b)a committee of either House charged with reporting on the draft regulations so recommends within the 30-day period and the House to which the recommendation is made does not by resolution reject the recommendation within that period.

(6)The Secretary of State must have regard to—

(a)any representations,

(b)any resolution of either House of Parliament, and

(c)any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,

made during the 60-day period with regard to the draft regulations.

(7)If after the end of the 60-day period the draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the draft regulations.

(8)If after the end of the 60-day period the Secretary of State wishes to proceed with the draft regulations but with material changes, the Secretary of State may lay before Parliament—

(a)revised draft regulations, and

(b)a statement giving a summary of the changes proposed.

(9)If the revised draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the revised draft regulations.

(10)For the purposes of this section regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to the provisions of the draft, or revised draft, regulations.

(11)References in this section to the “30-day”, “40-day” and “60-day” periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Parliament; and, for this purpose, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.

269Financial provisions

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and

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

270Transitional, transitory or saving provision

(1)Schedule 9 (which contains transitional, transitory and saving provision including a general saving for lawful conduct) has effect.

(2)The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

271Minor and consequential provision

(1)Schedule 10 (which contains minor and consequential provision) has effect.

(2)The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.

(3)The power to make regulations under subsection (2) may, in particular, be exercised by modifying any provision made by or under an enactment.

(4)In subsection (3) “enactment” does not include any primary legislation passed or made after the end of the Session in which this Act is passed.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources