Investigatory Powers (Amendment) Act 2024

10 Main functions of the Investigatory Powers Commissioner

(1) The Investigatory Powers Act 2016 is amended as follows.

(2) In section 229 (main oversight functions)—

(a) in subsection (3), omit paragraph (c) (prevention or restriction of use of communication devices by prisoners etc);

(b) after subsection (3D) insert—

“(3E) The Investigatory Powers Commissioner must keep under review (including by way of audit, inspection and investigation) compliance by any part of His Majesty’s forces, or by any part of the Ministry of Defence, with policies governing—

(a) the use of surveillance outside the United Kingdom, and

(b) the use and conduct of covert human intelligence sources outside the United Kingdom,

(whether or not authorised under the Regulation of Investigatory Powers Act 2000).”

(3) In section 230 (additional directed oversight functions), in subsection (1)—

(a) omit the “or” after paragraph (b);

(b) after paragraph (c) insert “, or

(d) any public authority not mentioned in paragraphs (a) to (c), or any part of such an authority, so far as engaging in intelligence activities.”

(4) In section 231 (error reporting)—

(a) in subsection (9)(b), for “code of practice under Schedule 7” substitute “relevant code of practice”;

(b) after subsection (9) insert—

“(10) In subsection (9) “relevant code of practice” means a code of practice under—

(a) Schedule 7,

(b) the Police Act 1997,

(c) the Regulation of Investigatory Powers Act 2000, or

(d) the Regulation of Investigatory Powers (Scotland) Act 2000.”