Part 8Oversight arrangements

CHAPTER 2Other arrangements

Investigatory Powers Tribunal

243Functions of Tribunal in relation to this Act etc.

1

In section 65 of the Regulation of Investigatory Powers Act 2000 (the Investigatory Powers Tribunal)—

I30a

in subsection (2)(c) (jurisdiction of the Investigatory Powers Tribunal where possible detriment due to evidential bar) for “section 17” substitute “ section 56 of the Investigatory Powers Act 2016 ”,

I9b

in subsection (5) (conduct in relation to which the Tribunal has jurisdiction) after paragraph (b) insert—

ba

conduct for or in connection with the obtaining of secondary data from communications transmitted by means of such a service or system;

bb

the issue, modification, renewal or service of a warrant under Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016 (interception of communications);

I1I10I16I24I31c

in subsection (5) for paragraph (c) substitute—

c

conduct of a kind which may be permitted or required by an authorisation or notice under Part 3 of that Act or a warrant under Chapter 2 of Part 6 of that Act (acquisition of communications data);

cza

the giving of an authorisation or notice under Part 3 of that Act or the issue, modification, renewal or service of a warrant under Chapter 2 of Part 6 of that Act;

czb

conduct of a kind which may be required or permitted by a retention notice under Part 4 of that Act (retention of communications data) but excluding any conduct which is subject to review by the Information Commissioner;

czc

the giving or varying of a retention notice under that Part of that Act;

czd

conduct of a kind which may be required or permitted by a warrant under Part 5 or Chapter 3 of Part 6 of that Act (equipment interference);

cze

the issue, modification, renewal or service of a warrant under Part 5 or Chapter 3 of Part 6 of that Act;

czf

the issue, modification, renewal or service of a warrant under Part 7 of that Act (bulk personal dataset warrants);

czg

the giving of an authorisation under section 219(3)(b) (authorisation for the retention, or retention and examination, of material following expiry of bulk personal dataset warrant);

czh

the giving or varying of a direction under section 225 of that Act (directions where no bulk personal dataset warrant required);

czi

conduct of a kind which may be required by a notice under section 252 or 253 of that Act (national security or technical capability notices);

czj

the giving or varying of such a notice;

czk

the giving of an authorisation under section 152(5)(c) or 193(5)(c) of that Act (certain authorisations to examine intercepted content or protected material);

czl

any failure to—

i

cancel a warrant under Part 2, 5, 6 or 7 of that Act or an authorisation under Part 3 of that Act;

ii

cancel a notice under Part 3 of that Act;

iii

revoke a notice under Part 4, or section 252 or 253, of that Act; or

iv

revoke a direction under section 225 of that Act;

czm

any conduct in connection with any conduct falling within paragraph (c), (czb), (czd) or (czi);

I23d

in subsection (6) (limitation for certain purposes of what is conduct falling within subsection (5))—

i

after “on behalf of” insert “ an immigration officer or ”, and

ii

after paragraph (d) insert—

dza

the Competition and Markets Authority;

I23e

after subsection (6) insert—

6A

Subsection (6) does not apply to anything mentioned in paragraph (d) or (f) of subsection (5) which also falls within paragraph (czd) of that subsection.

I11f

in subsection (7) after “if” insert “ it is conduct of a public authority and ”,

I21g

in subsection (7ZA) (role for Tribunal where judicial authority involved) for “under section 23A or 32A” substitute “ by a Judicial Commissioner or under section 32A of this Act or section 75 of the Investigatory Powers Act 2016 ”,

I2I12I17I25I31I32h

after subsection (7ZA) insert—

7ZB

For the purposes of this section conduct also takes place in challengeable circumstances if it is, or purports to be, conduct falling within subsection (5)(bb), (cza), (czc), (cze), (czf), (czg), (czh), (czj), (czk) or (czl) or (so far as the conduct is, or purports to be, the giving of a notice under section 49) subsection (5)(e).

I3I13I18I22I26i

in subsection (8) (matters that may be challenged before the Tribunal) for paragraphs (a) and (b) substitute—

a

a warrant under Part 2, 5, 6 or 7 of the Investigatory Powers Act 2016;

b

an authorisation or notice under Part 3 of that Act;

ba

a retention notice under Part 4 of that Act;

bb

a direction under section 225 of that Act;

bc

a notice under section 252 or 253 of that Act;

I14j

after subsection (9) insert—

9A

In subsection (5)(ba) the reference to obtaining secondary data from communications transmitted by means of a postal service or telecommunication system is to be read in accordance with section 16 of the Investigatory Powers Act 2016.

2

In section 67(7) of the Act of 2000 (powers of the Tribunal)—

I4I19I27a

after paragraph (a) insert—

aza

an order quashing or cancelling a notice under Part 3 of the Investigatory Powers Act 2016 or a retention notice under Part 4 of that Act;

azb

an order quashing or revoking a direction under section 225 of that Act;

azc

an order quashing or revoking a notice under section 252 or 253 of that Act;

I28b

in paragraph (aa) for “section 23A or 32A” substitute “ section 75 of the Investigatory Powers Act 2016 or section 32A of this Act ”, and

I29c

in paragraph (b)(i) after “authorisation” insert “ or by a notice under Part 3 of the Investigatory Powers Act 2016 ”.

I53

In section 68(5)(b) of the Act of 2000 (report of certain findings to the Prime Minister) after “permission” insert “ , or notice under Part 4 of the Investigatory Powers Act 2016 or under section 252 or 253 of that Act or direction under section 225 of that Act, ”.

I64

In section 68(6)(b) of the Act of 2000 (disclosures etc. to the Tribunal to enable the exercise of functions conferred by or under that Act) after “this Act” insert “ or the Investigatory Powers Act 2016 ”.

5

In section 68(7) of the Act of 2000 (persons subject to duty to co-operate with the Tribunal)—

I15a

in paragraph (e)—

i

for “section 11” substitute “ section 41, 126, 149, 168 or 190 of the Investigatory Powers Act 2016 ”, and

ii

for “an interception warrant” substitute “ a warrant ”,

I7b

in paragraph (f) for “section 12” substitute “ section 252 or 253 of that Act ”,

I7c

for paragraphs (g) and (h) substitute—

g

every person by or to whom an authorisation under Part 3 of that Act has been granted;

h

every person to whom a notice under Part 3 of that Act has been given;

ha

every person to whom a retention notice under Part 4 of that Act or a notice under section 252 or 253 of that Act has been given;

I20d

in paragraph (k), for the words from “an authorisation” to the end substitute

—

i

an authorisation under Part 3 of the Investigatory Powers Act 2016, Part 2 of this Act or Part 3 of the Police Act 1997, or

ii

a warrant under Chapter 2 of Part 6 of the Investigatory Powers Act 2016;

I20e

in paragraph (l) after “authorisation” insert “ or warrant ”, and

I15f

in paragraph (n) after “(h)” insert “ , (ha) ”.

I86

In section 68(8) of the Act of 2000 (meaning of “relevant Commissioner”) for the words from “Interception” to the end substitute “ Investigatory Powers Commissioner or any other Judicial Commissioner or the Investigatory Powers Commissioner for Northern Ireland ”.