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

PART 1 General and commencement

Citation and interpretation

1.—(1) These Regulations may be cited as the Investigatory Powers Act 2016 (Commencement No. 3 and Transitory, Transitional and Saving Provisions) Regulations 2017.

(2) In these Regulations—

“the 1997 Act” means the Police Act 1997(1);

“the 2016 Act” means the Investigatory Powers Act 2016;

“the Chief Surveillance Commissioner”, “the other Surveillance Commissioners”, “the Scottish Chief Surveillance Commissioner” and “the other Scottish Surveillance Commissioners” have the same meaning as in section 240 of the 2016 Act;

“RIPA” means the Regulation of Investigatory Powers Act 2000(2);

“RIPSA” means the Regulation of Investigatory Powers (Scotland) Act 2000(3).

Appointed day

2.  The following provisions of the 2016 Act come into force on 1st September 2017—

(a) the definition of “related systems data” in section 15(6) (warrants that may be issued under this Chapter) for the purpose of the definition of “related systems data” in section 229(9) of the 2016 Act (main oversight functions);

(b) section 16(4) to (6) (meaning of “secondary data”) for the purpose of the definition of “secondary data” in section 229(9) of the 2016 Act;

(c) section 199 (bulk personal datasets: interpretation) for the purpose of the definition of “bulk personal dataset” in section 229(9);

(d) in section 229—

(i) subsection (1)(a) to (c);

(ii) subsection (2)(a) to (c);

(iii) subsection (3)(a) and (c) to (j);

(iv) subsection (4);

(v) subsection (5);

(vi) subsection (8)(a), (d)(i) so far as it applies to deciding whether to approve the grant or renewal of an authorisation, (d)(ii), and (j) to (m), and

(vii) the definitions of “bulk personal datasets”, “judicial authority”, “related systems data”, “relevant Minister” and “secondary data” in subsection (9);

(e) section 233 (functions under other Parts and other enactments) for all remaining purposes;

(f) section 234(2)(a) to (c) and (f) (matters required to be included in an annual report), (10) and (11);

(g) section 235(5) (reporting to the Investigatory Powers Commissioner any refusal by operators to comply with requirements);

(h) section 236 (referrals by the Intelligence and Security Committee of Parliament);

(i) section 240 (abolition of existing oversight bodies);

(j) paragraphs 67, 69 and 71 to 98 of Schedule 10.

(1)

1997 c. 50.

(2)

2000 c. 23.

(3)

2000 asp 11.