Investigatory Powers Act 2016

Scope of codes U.K.

1 (1) The Secretary of State must issue one or more codes of practice about the exercise of functions conferred by virtue of this Act. U.K.

(2) Sub-paragraph (1) does not apply in relation to—

(a) any functions conferred by virtue of this Act on—

(i) the Investigatory Powers Commissioner or any other Judicial Commissioner,

(ii) the Information Commissioner,

(iii) the Investigatory Powers Tribunal,

(iv) any other court or tribunal,

(v) the Technical Advisory Board, or

(vi) the Technology Advisory Panel,

(b) any function to make subordinate legislation which is conferred by virtue of this Act on the Secretary of State or the Treasury.

(3) A code may, in particular, contain provision about the training of people who may exercise functions in relation to which sub-paragraph (1) applies.

Commencement Information

I1 Sch. 7 para. 1 in force at 13.2.2017 by S.I. 2017/137, reg. 2(t)

2 (1) Each code must include— U.K.

(a) provision designed to protect the public interest in the confidentiality of sources of journalistic information, and

(b) provision about particular considerations applicable to any data which relates to a member of a profession which routinely holds items subject to legal privilege or relevant confidential information.

(2) A code about the exercise of functions conferred by virtue of Part 2, Part 5 or Chapter 1 or 3 of Part 6 must also contain provision about when circumstances are to be regarded as “exceptional and compelling circumstances” for the purposes of any provision of that Part or Chapter that restricts the exercise of functions in relation to items subject to legal privilege by reference to the existence of such circumstances.

(3) The Investigatory Powers Commissioner must keep under review any provision included in a code by virtue of sub-paragraph (2).

(4) In this paragraph—

• “relevant confidential information” means information which is held in confidence by a member of a profession and consists of—

  (a)

  personal records or journalistic material which are (or would be if held in England and Wales) excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984, or

  (b)

  communications between Members of Parliament and their constituents,

and the references in this paragraph to a member of a profession include references to any person acting in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office.

Commencement Information

I2 Sch. 7 para. 2 in force at 13.2.2017 by S.I. 2017/137, reg. 2(t)

3 (1) A code about the exercise of functions conferred by virtue of Part 3 must contain provision about communications data held by public authorities by virtue of that Part. U.K.

(2) Such provision must, in particular, include provision about—

(a) why, how and where the data is held,

(b) who may access the data on behalf of the authority,

(c) to whom, and under what conditions, the data may be disclosed,

(d) the processing of the data for purposes otherwise than in connection with the purposes for which it was obtained or retained,

(e) the processing of the data together with other data,

(f) the processes for determining how long the data should be held and for the destruction of the data.

Commencement Information

I3 Sch. 7 para. 3 in force at 13.2.2017 by S.I. 2017/137, reg. 2(t)