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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations commence provisions of the Investigatory Powers Act 2016 (c. 25) (“the 2016 Act”) relating to oversight of investigatory powers by the Investigatory Powers Commissioner and the other Judicial Commissioners.

Regulation 2 brings into force section 240 of the 2016 Act, which abolishes the offices of the commissioners that are replaced by the Investigatory Powers Commissioner and the other Judicial Commissioners: the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Chief Surveillance Commissioner and other Surveillance Commissioners and the Scottish Chief Surveillance Commissioner and other Scottish Surveillance Commissioners. Regulation 2 also brings into force provisions giving the Investigatory Powers Commissioner and other Judicial Commissioners the functions exercised by the commissioners they replace.

Part 2 provides that the Investigatory Powers Commissioner has oversight relating to interception carried out under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23) until those provisions are repealed and replaced by provisions in the 2016 Act. It also provides for continuity where a commissioner has a function, that commissioner is abolished and an equivalent function is conferred on the Investigatory Powers Commissioner or the other Judicial Commissioners. That means, for example, that if a request for approval is sent to a Surveillance Commissioner before the coming into force of these Regulations, approval may be granted by a Judicial Commissioner after the coming into force of these Regulations. It also means that where, for example, something has been authorised by a Surveillance Commissioner before the coming into force of these Regulations, it will be treated afterwards as if authorised by a Judicial Commissioner.

Part 3 provides that a person who is a Surveillance Commissioner (or a Scottish Surveillance Commissioner) immediately before the abolition of those offices can continue to hold office until 31st December 2017. Similarly, a person who is an Assistant Surveillance Commissioner (or Scottish Assistant Surveillance Commissioner) can continue to hold office until 30 April 2018.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.