http://www.legislation.gov.uk/ukpga/2016/25/part/8/chapter/2Investigatory Powers Act 2016An Act to make provision about the interception of communications, equipment interference and the acquisition and retention of communications data, bulk personal datasets and other information; to make provision about the treatment of material held as a result of such interception, equipment interference or acquisition or retention; to establish the Investigatory Powers Commissioner and other Judicial Commissioners and make provision about them and other oversight arrangements; to make further provision about investigatory powers and national security; to amend sections 3 and 5 of the Intelligence Services Act 1994; and for connected purposes.texttext/xmlenStatute Law Database2026-04-08Expert Participation2026-04-07 Investigatory Powers Act 2016s. 244 cross-headingThe Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026Sch. 2 para. 20(d)reg. 1(2) Part 8CHAPTER 2241Schedule 7 (codes of practice) has effect.2421After section 67 of the Regulation of Investigatory Powers Act 2000 insert—67A1A relevant person may appeal on a point of law against any determination of the Tribunal of a kind mentioned in section 68(4) or any decision of the Tribunal of a kind mentioned in section 68(4C).2Before making a determination or decision which might be the subject of an appeal under this section, the Tribunal must specify the court which is to have jurisdiction to hear the appeal (the “relevant appellate court”).3This court is whichever of the following courts appears to the Tribunal to be the most appropriate—athe Court of Appeal in England and Wales,bthe Court of Session.4The Secretary of State may by regulations, with the consent of the Northern Ireland Assembly, amend subsection (3) so as to add the Court of Appeal in Northern Ireland to the list of courts mentioned there.5The Secretary of State may by regulations specify criteria to be applied by the Tribunal in making decisions under subsection (2) as to the identity of the relevant appellate court.6An appeal under this section—ais to be heard by the relevant appellate court, butbmay not be made without the leave of the Tribunal or, if that is refused, of the relevant appellate court.7The Tribunal or relevant appellate court must not grant leave to appeal unless it considers that—athe appeal would raise an important point of principle or practice, orbthere is another compelling reason for granting leave.8In this section—“relevant appellate court” has the meaning given by subsection (2),“relevant person”, in relation to any proceedings, complaint or reference, means the complainant or—in the case of proceedings, the respondent,in the case of a complaint, the person complained against, andin the case of a reference, any public authority to whom the reference relates.2In section 67 of that Act (no appeal from the Investigatory Powers Tribunal except as provided by order of the Secretary of State)—ain subsection (8) for “Except to such extent as the Secretary of State may by order otherwise provide,” substitute “ Except as provided by virtue of section 67A, ”, andbomit subsections (9) to (12).3After section 68(4) of that Act (requirement to give notice of determinations to complainant) insert—4AWhere the Tribunal make any determination of a kind mentioned in subsection (4), they must also give notice to—ain the case of proceedings, the respondent,bin the case of a complaint, the person complained against, andcin the case of a reference, any public authority to whom the reference relates.4BA notice under subsection (4A) is (subject to any rules made by virtue of section 69(2)(j)) to be confined, as the case may be, to either—aa statement that they have made a determination in the complainant's favour, orba statement that no determination has been made in the complainant's favour.4CWhere the Tribunal make any decision which—ais a final decision of a preliminary issue in relation to any proceedings, complaint or reference brought before or made to them, andbis neither a determination of a kind mentioned in subsection (4) nor a decision relating to a procedural matter,they must give notice of that decision to every person who would be entitled to receive notice of the determination under subsection (4) or (4A).4DA notice under subsection (4C) is (subject to any rules made by virtue of section 69(2)(i) or (j)) to be confined to a statement as to what the decision is.4ESubsections (4C) and (4D) do not apply so far as—athe Tribunal are prevented from giving notice of a decision to a person by rules made by virtue of section 69(4) or decide under such rules not to give such a notice, orbthe giving of such a notice is inconsistent with such rules.4In section 69(2) of that Act (Tribunal rules)—ain paragraph (i), after “section 68(4)” insert “ or notice under section 68(4C) ”, andbafter paragraph (i), insert; jrequire information about any determination, award, order or other decision made by the Tribunal in relation to any proceedings, complaint or reference to be provided (in addition to any statement under section 68(4A) or notice under section 68(4C)) to—iin the case of proceedings, the respondent,iiin the case of a complaint, the person complained against, andiiiin the case of a reference, any public authority to whom the reference relates,or to the person representing their interests;kmake provision about the making and determination of applications to the Tribunal for permission to appeal.5In section 78 of that Act (orders, regulations and rules)—ain subsection (4), after “applies” insert “ (other than regulations under section 67A(5)) ”, andbafter subsection (4) insert—4AA statutory instrument containing regulations under section 67A(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.2431In section 65 of the Regulation of Investigatory Powers Act 2000 (the Investigatory Powers Tribunal)—ain subsection (2)(c) (jurisdiction of the Investigatory Powers Tribunal where possible detriment due to evidential bar) for “section 17” substitute “ section 56 of the Investigatory Powers Act 2016 ”,bin subsection (5) (conduct in relation to which the Tribunal has jurisdiction) after paragraph (b) insert—baconduct for or in connection with the obtaining of secondary data from communications transmitted by means of such a service or system;bbthe issue, modification, renewal or service of a warrant under Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016 (interception of communications);,cin subsection (5) for paragraph (c) substitute—cconduct of a kind which may be permitted or required by an authorisation or notice under Part 3 of that Act or a warrant under Chapter 2 of Part 6 of that Act (acquisition of communications data);czathe giving of an authorisation or notice under Part 3 of that Act or the issue, modification, renewal or service of a warrant under Chapter 2 of Part 6 of that Act;czbconduct of a kind which may be required or permitted by a retention notice under Part 4 of that Act (retention of communications data) but excluding any conduct which is subject to review by the Information Commissioner;czcthe giving or varying of a retention notice under that Part of that Act;czdconduct of a kind which may be required or permitted by a warrant under Part 5 or Chapter 3 of Part 6 of that Act (equipment interference);czethe issue, modification, renewal or service of a warrant under Part 5 or Chapter 3 of Part 6 of that Act;czfthe issue, modification, renewal or service of a warrant under Part 7 of that Act (bulk personal dataset warrants);czgthe giving of an authorisation under section 219(3)(b) (authorisation for the retention, or retention and examination, of material following expiry of bulk personal dataset warrant);czhthe giving or varying of a direction under section 225 of that Act (directions where no bulk personal dataset warrant required);cziconduct of a kind which may be required by a notice under section 252 or 253 of that Act (national security or technical capability notices);czjthe giving or varying of such a notice;czkthe giving of an authorisation under section 152(5)(c) or 193(5)(c) of that Act (certain authorisations to examine intercepted content or protected material);czlany failure to—icancel a warrant under Part 2, 5, 6 or 7 of that Act or an authorisation under Part 3 of that Act;iicancel a notice under Part 3 of that Act;iiirevoke a notice under Part 4, or section 252 or 253, of that Act; orivrevoke a direction under section 225 of that Act;czmany conduct in connection with any conduct falling within paragraph (c), (czb), (czd) or (czi);,din subsection (6) (limitation for certain purposes of what is conduct falling within subsection (5))—iafter “on behalf of” insert “ an immigration officer or ”, andiiafter paragraph (d) insert—dzathe Competition and Markets Authority;,eafter subsection (6) insert—6ASubsection (6) does not apply to anything mentioned in paragraph (d) or (f) of subsection (5) which also falls within paragraph (czd) of that subsection.,fin subsection (7) after “if” insert “ it is conduct of a public authority and ”,gin subsection (7ZA) (role for Tribunal where judicial authority involved) for “under section 23A or 32A” substitute “ by a Judicial Commissioner or under section 32A of this Act or section 75 of the Investigatory Powers Act 2016 ”,hafter subsection (7ZA) insert—7ZBFor the purposes of this section conduct also takes place in challengeable circumstances if it is, or purports to be, conduct falling within subsection (5)(bb), (cza), (czc), (cze), (czf), (czg), (czh), (czj), (czk) or (czl) or (so far as the conduct is, or purports to be, the giving of a notice under section 49) subsection (5)(e).,iin subsection (8) (matters that may be challenged before the Tribunal) for paragraphs (a) and (b) substitute—aa warrant under Part 2, 5, 6 or 7 of the Investigatory Powers Act 2016;ban authorisation or notice under Part 3 of that Act;baa retention notice under Part 4 of that Act;bba direction under section 225 of that Act;bca notice under section 252 or 253 of that Act;, andjafter subsection (9) insert—9AIn subsection (5)(ba) the reference to obtaining secondary data from communications transmitted by means of a postal service or telecommunication system is to be read in accordance with section 16 of the Investigatory Powers Act 2016.2In section 67(7) of the Act of 2000 (powers of the Tribunal)—aafter paragraph (a) insert—azaan order quashing or cancelling a notice under Part 3 of the Investigatory Powers Act 2016 or a retention notice under Part 4 of that Act;azban order quashing or revoking a direction under section 225 of that Act;azcan order quashing or revoking a notice under section 252 or 253 of that Act;,bin paragraph (aa) for “section 23A or 32A” substitute “ section 75 of the Investigatory Powers Act 2016 or section 32A of this Act ”, andcin paragraph (b)(i) after “authorisation” insert “ or by a notice under Part 3 of the Investigatory Powers Act 2016 ”.3In section 68(5)(b) of the Act of 2000 (report of certain findings to the Prime Minister) after “permission” insert “ , or notice under Part 4 of the Investigatory Powers Act 2016 or under section 252 or 253 of that Act or direction under section 225 of that Act, ”.4In section 68(6)(b) of the Act of 2000 (disclosures etc. to the Tribunal to enable the exercise of functions conferred by or under that Act) after “this Act” insert “ or the Investigatory Powers Act 2016 ”.5In section 68(7) of the Act of 2000 (persons subject to duty to co-operate with the Tribunal)—ain paragraph (e)—ifor “section 11” substitute “ section 41, 126, 149, 168 or 190 of the Investigatory Powers Act 2016 ”, andiifor “an interception warrant” substitute “ a warrant ”,bin paragraph (f) for “section 12” substitute “ section 252 or 253 of that Act ”,cfor paragraphs (g) and (h) substitute—gevery person by or to whom an authorisation under Part 3 of that Act has been granted;hevery person to whom a notice under Part 3 of that Act has been given;haevery person to whom a retention notice under Part 4 of that Act or a notice under section 252 or 253 of that Act has been given;,din paragraph (k), for the words from “an authorisation” to the end substitute— ian authorisation under Part 3 of the Investigatory Powers Act 2016, Part 2 of this Act or Part 3 of the Police Act 1997, oriia warrant under Chapter 2 of Part 6 of the Investigatory Powers Act 2016;,ein paragraph (l) after “authorisation” insert “ or warrant ”, andfin paragraph (n) after “(h)” insert “ , (ha) ”.6In section 68(8) of the Act of 2000 (meaning of “relevant Commissioner”) for the words from “Interception” to the end substitute “ Investigatory Powers Commissioner or any other Judicial Commissioner or the Investigatory Powers Commissioner for Northern Ireland ”.244The Information Commissioner must audit compliance with requirements or restrictions imposed by virtue of Part 4 in relation to the integrity, security or destruction of data retained by virtue of that Part.2451There is to continue to be a Technical Advisory Board consisting of such number of persons appointed by the Secretary of State as the Secretary of State may by regulations provide.2The regulations providing for the membership of the Technical Advisory Board must also make provision which is calculated to ensure—athat the membership of the Board includes persons likely effectively to represent the interests of persons on whom obligations may be imposed by virtue of retention notices under Part 4, national security notices under section 252 or technical capability notices under section 253,bthat the membership of the Board includes persons likely effectively to represent the interests of persons entitled to apply for warrants under Part 2, 5, 6 or 7 or authorisations under Part 3,cthat such other persons (if any) as the Secretary of State considers appropriate may be appointed to be members of the Board, anddthat the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraph (a) and the representation of those mentioned in paragraph (b).3Regulations under this section may also make provision about quorum and the filling of vacancies.2461The Investigatory Powers Commissioner must ensure that there is a Technology Advisory Panel to provide advice to the Investigatory Powers Commissioner, the Secretary of State and the Scottish Ministers about—athe impact of changing technology on the exercise of investigatory powers whose exercise is subject to review by the Commissioner, andbthe availability and development of techniques to use such powers while minimising interference with privacy.2The Technology Advisory Panel must provide advice to the Investigatory Powers Commissioner about such matters falling within subsection (1)(a) or (b) as the Commissioner may direct.3Subject to this, the Panel may provide advice to the Investigatory Powers Commissioner about such matters falling within subsection (1)(a) or (b) as it considers appropriate (whether or not requested to do so).4The Panel may provide advice to the Secretary of State or the Scottish Ministers about such matters falling within subsection (1)(a) or (b) as it considers appropriate (whether or not requested to do so) but such advice to the Scottish Ministers may only relate to matters for which the Scottish Ministers are responsible.5The Panel must, as soon as reasonably practicable after the end of each calendar year, make a report to the Investigatory Powers Commissioner about the carrying out of the functions of the Panel.6The Panel must, at the same time, send a copy of the report to the Secretary of State and (so far as relating to matters for which the Scottish Ministers are responsible) the Scottish Ministers.2471The Investigatory Powers Commissioner must appoint such number of persons as members of the Technology Advisory Panel as the Commissioner considers necessary for the carrying out of the functions of the Panel.2Subject as follows, each member of the Panel holds and vacates office in accordance with the member's terms and conditions of appointment.3A member of the Panel must not act in a way which the member considers to be contrary to the public interest or prejudicial to—anational security,bthe prevention or detection of serious crime, orcthe economic well-being of the United Kingdom.4A member of the Panel must, in particular, ensure that the member does not—ajeopardise the success of an intelligence or security operation or a law enforcement operation,bcompromise the safety or security of those involved, orcunduly impede the operational effectiveness of an intelligence service, a police force, a government department or Her Majesty's forces.5Section 235(2) and (7) (information powers) apply to a member of the Panel as they apply to a Judicial Commissioner.S. 243(3) in force at 12.3.2018 by S.I. 2018/341, reg. 2(c)(v)S. 243(2)(b) in force at 5.2.2019 for specified purposes by S.I. 2019/174, reg. 2(j)(ii)S. 243(1)(h) in force at 22.8.2018 for specified purposes by S.I. 2018/873, reg. 3(g)(ii)S. 243(1)(c) in force at 22.7.2020 in so far as not already in force by S.I. 2020/766, reg. 2(b)S. 243(1)(c) in force at 12.3.2018 for specified purposes by S.I. 2018/341, reg. 2(c)(i)S. 243(1)(i) in force at 22.8.2018 for specified purposes by S.I. 2018/873, reg. 3(g)(iii)S. 243(1)(g) in force at 30.8.2018 by S.I. 2018/940, reg. 2(1)(c) (with regs. 2(2), 7)S. 243(1)(b) in force at 27.6.2018 by S.I. 2018/652, reg. 11(e)(i)S. 243(2)(c) in force at 5.2.2019 by S.I. 2019/174, reg. 2(j)(iii)S. 243(6) in force at 12.3.2018 by S.I. 2018/341, reg. 2(c)(viii)S. 243(5)(b)(c) in force at 12.3.2018 by S.I. 2018/341, reg. 2(c)(vii)S. 243(5)(a)(f) in force at 27.6.2018 by S.I. 2018/652, reg. 11(e)(vii)S. 243(1)(f) in force at 27.6.2018 by S.I. 2018/652, reg. 11(e)(iii)S. 243(1)(c) in force at 27.6.2018 for specified purposes by S.I. 2018/652, reg. 11(e)(ii)S. 243(2)(a) in force at 12.3.2018 for specified purposes by S.I. 2018/341, reg. 2(c)(iv)S. 243(1)(h) in force at 12.3.2018 for specified purposes by S.I. 2018/341, reg. 2(c)(ii)S. 243(1)(d)(e) in force at 5.12.2018 by S.I. 2018/1246, reg. 3(h)S. 246 in force at 13.2.2017 by S.I. 2017/137, reg. 2(o)S. 243(2)(a) in force at 22.8.2018 for specified purposes by S.I. 2018/873, reg. 3(h)S. 243(1)(i) in force at 27.6.2018 for specified purposes by S.I. 2018/652, reg. 11(e)(v)S. 243(5)(d)(e) in force at 22.8.2018 by S.I. 2018/873, reg. 3(i)S. 243(1)(i) in force at 1.11.2018 for specified purposes by S.I. 2018/873, reg. 4(d)S. 245 in force at 12.3.2018 by S.I. 2018/341, reg. 2(d)S. 244 in force at 30.12.2016 by S.I. 2016/1233, reg. 2(n)S. 243(1)(c) in force at 5.2.2019 for specified purposes by S.I. 2019/174, reg. 2(g)S. 242 in force at 31.12.2018 by S.I. 2018/1379, reg. 2 (with reg. 3)S. 243(1)(j) in force at 27.6.2018 by S.I. 2018/652, reg. 11(e)(vi)S. 243(1)(i) in force at 5.2.2019 in so far as not already in force by S.I. 2019/174, reg. 2(i)S. 243(2)(a) in force at 5.2.2019 in so far as not already in force by S.I. 2019/174, reg. 2(j)(i)S. 243(1)(h) in force at 27.6.2018 for specified purposes by S.I. 2018/652, reg. 11(e)(iv)S. 241 in force at 13.2.2017 by S.I. 2017/137, reg. 2(n)S. 243(1)(h) in force at 5.2.2019 for specified purposes by S.I. 2019/174, reg. 2(h)S. 243(1)(c) in force at 22.8.2018 for specified purposes by S.I. 2018/873, reg. 3(g)(i)S. 243(1)(i) in force at 12.3.2018 for specified purposes by S.I. 2018/341, reg. 2(c)(iii)S. 243(1)(a) in force at 22.7.2020 by S.I. 2020/766, reg. 2(b)S. 243(4) in force at 12.3.2018 by S.I. 2018/341, reg. 2(c)(vi)S. 247 in force at 13.2.2017 by S.I. 2017/137, reg. 2(p)S. 243(1)(h) in force at 22.7.2020 in so far as not already in force by S.I. 2020/766, reg. 2(b)