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The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018

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Equipment interference provisions coming into force on 27th June 2018

9.  The following provisions of Part 5 of the 2016 Act (equipment interference) come into force on 27th June 2018—

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

(i)subsections (1) to (3) so far as not already in force;

(ii)subsection (4) to the extent it applies if the Secretary of State considers that the only ground for considering the warrant to be necessary is for the purpose of preventing or detecting serious crime;

(b)section 103 (power to issue warrants to intelligence services: the Scottish Ministers) so far as not already in force;

(c)section 104 (power to issue warrants to the Chief of Defence Intelligence) so far as not already in force;

(d)section 109 (approval of warrants issued in urgent cases);

(e)section 110 (failure to approve warrants issued in urgent cases);

(f)section 116 (duration of warrants);

(g)section 117 (renewal of warrants) so far as relating to warrants under any of sections 102 to 104;

(h)section 118 (modification of warrants issued by the Secretary of State or Scottish Ministers);

(i)section 119 (persons who may make modifications under section 118);

(j)section 120 (further provision about modifications under section 118);

(k)section 121 (notification of modifications);

(l)section 122 (approval of modifications under section 118 made in urgent cases);

(m)section 125 (cancellation of warrants) so far as relating to warrants under any of sections 102 to 104;

(n)section 126 (implementation of warrants);

(o)section 127 (service of warrants);

(p)section 128(1) and (5) to (7) (duty of telecommunications operators to assist with implementation);

(q)section 131 (additional safeguards for items subject to legal privilege);

(r)section 132 (duty not to make unauthorised disclosures);

(s)section 133 (section 132: meaning of “excepted disclosure”)(1);

(t)section 134 (offence of making unauthorised disclosure).

(1)

Section 133 was amended by paragraph 74(5) of Schedule 9 to the Policing and Crime Act 2017.

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