The Investigatory Powers Act 2016 (Commencement No. 3 and Transitory, Transitional and Saving Provisions) Regulations 2017

Continuity of functions

5.—(1) The abolition of the office of a relevant commissioner does not affect the validity of anything done before the abolition.

(2) The transfer of a function does not affect the validity of anything done before the transfer.

(3) Paragraphs (4) to (7) apply in relation to the transfer of a function.

(4) Where anything is in the process of being made or done by or in relation to the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Chief Surveillance Commissioner or the Scottish Chief Surveillance Commissioner immediately before the transfer takes effect, it may be continued afterwards by or in relation to the Investigatory Powers Commissioner.

(5) Where anything is in the process of being made or done by or in relation to the other Surveillance Commissioners or the other Scottish Surveillance Commissioners immediately before the transfer takes effect, it may be continued afterwards by or in relation to a Judicial Commissioner.

(6) Where anything has been made or done by or in relation to the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Chief Surveillance Commissioner or the Scottish Chief Surveillance Commissioner and is in effect immediately before the transfer takes effect, it has effect afterwards as if made or done by or in relation to the Investigatory Powers Commissioner.

(7) Where anything has been made or done by or in relation to the other Surveillance Commissioners or the other Scottish Surveillance Commissioners and is in effect immediately before the transfer takes effect, it has effect afterwards as if made or done by or in relation to a Judicial Commissioner.

(8) In this regulation a reference to the transfer of a function is a reference to a case where—

(a) a function is a function of a relevant commissioner,

(b) that commissioner is abolished, and

(c) a corresponding function is conferred on the Investigatory Powers Commissioner or the other Judicial Commissioners.

(9) For the purposes of this regulation, “relevant commissioner” means—

(a) the Interception of Communications Commissioner;

(b) the Intelligence Services Commissioner;

(c) the Chief Surveillance Commissioner;

(d) the other Surveillance Commissioners;

(e) the Scottish Chief Surveillance Commissioner, or

(f) the other Scottish Surveillance Commissioners.