PART 1GENERAL AND COMMENCEMENT

Equipment interference provisions coming into force on 31st May 20184

The following provisions of Part 5 of the 2016 Act (equipment interference) come into force on 31st May 2018—

a

section 99 (warrants under this Part: general);

b

section 100 (meaning of “equipment data”);

c

section 101 (subject-matter of warrants);

d

in section 102 (power to issue warrants to intelligence services: the Secretary of State)—

i

subsections (1) to (3) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant;

ii

subsection (4) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant and only if the Secretary of State considers that the only grounds for considering the warrant to be necessary is for the purpose of preventing or detecting serious crime;

iii

subsections (5) to (9);

e

in section 103 (power to issue warrants to intelligence services: the Scottish Ministers)—

i

subsections (1) and (2) for the purpose of the Scottish Ministers deciding to issue a warrant but not for the purpose of the issuing of a warrant;

ii

subsections (3) and (4);

f

section 104 (power to issue warrants to the Chief of Defence Intelligence)—

i

subsection (1) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant;

ii

subsections (2) and (3);

g

section 105 (decision to issue warrants under sections 102 to 104 to be taken personally by Ministers);

h

in section 108 (approval of warrants by Judicial Commissioners) so far as relating to decisions to issue warrants under any of sections 102 to 104;

i

section 111(1) to (3) and (8) (members of Parliament etc.);

j

section 112 (items subject to legal privilege);

k

section 113 (confidential journalistic material);

l

section 114 (sources of journalistic information);

m

section 115 (requirements that must be met by warrants) so far as relating to warrants under any of sections 102 to 104;

n

section 129 (safeguards relating to retention and disclosure of material) so far as relating to warrants under any of sections 102 to 104;

o

section 130 (safeguards relating to disclosure of material overseas);

p

section 135 (Part 5: interpretation).