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PART 2THE RETENTION NOTICE REGIME

Safeguards

Code of practice

10.—(1) The following provisions of the Regulation of Investigatory Powers Act 2000 have effect as if the following amendments were made to them.

(2) Section 71(2)(1) (issue and revision of codes of practice: powers and duties in respect of which code of practice must be issued) has effect as if—

(a)for “subsection (10)” there were substituted “subsections (10) and (11)”,

(b)the word “and” at the end of paragraph (b) were omitted, and

(c)after paragraph (c) there were inserted—

(d)section 1(1) to (6) of the Data Retention and Investigatory Powers Act 2014.

(3) Section 71 has effect as if, after subsection (10), there were inserted—

(11) The reference in subsection (2) to powers and duties conferred or imposed by or under section 1(1) to (6) of the Data Retention and Investigatory Powers Act 2014 does not include a reference to any such powers and duties which are conferred or imposed on the Secretary of State.

(4) Section 72(4) (effect of codes of practice: functions of relevant Commissioners) has effect as if, after paragraph (c), there were inserted—

(ca)the Information Commissioner carrying out any of the Commissioner’s functions under Part 2 of the Data Retention Regulations 2014,.

(1)

2000 c. 23. Section 71 was amended by the Serious Crime Act 2007 (c. 27), section 88, Schedule 12, paragraphs 5 and 25; the Protection of Freedoms Act 2012 (c. 9), section 115(1), Schedule 9, paragraphs 6 and 14, and S.I. 2011/1340 .