Part 8

Oversight arrangements
CHAPTER 1

Investigatory Powers Commissioner and other Judicial Commissioners

The Commissioners

Temporary Judicial Commissioners
228A
1
The power in subsection (2) is exercisable where the Investigatory Powers Commissioner and the Secretary of State consider that—
a
as a result of exceptional circumstances, there is a shortage of persons able to carry out Judicial Commissioner functions, and
b
the power in subsection (2) needs to be exercised in order to deal with that shortage.
2
The Investigatory Powers Commissioner may appoint one or more persons to carry out Judicial Commissioner functions.
3
A person appointed under subsection (2) is referred to in this section as a “
temporary Judicial Commissioner
”.
4
A temporary Judicial Commissioner may be appointed under subsection (2) for one or more terms not exceeding six months each and not exceeding three years in total.
5
As soon as practicable after the appointment of any temporary Judicial Commissioner, the Investigatory Powers Commissioner must notify the following persons of the appointment—
a
the Prime Minister;
b
the Secretary of State;
c
the Scottish Ministers;
d
the Lord Chancellor;
e
the Lord Chief Justice of England and Wales;
f
the Lord President of the Court of Session;
g
the Lord Chief Justice of Northern Ireland.
6
A reference to a Judicial Commissioner in any enactment (including this Act) is to be read (so far as the context allows) as referring also to a temporary Judicial Commissioner.
7
But subsections (1) and (4) to (6) of section 227 and section 228(2) (appointment requirements etc) do not apply in relation to temporary Judicial Commissioners.
8
In this section “
Judicial Commissioner functions
” means the functions conferred on Judicial Commissioners by any enactment (including this Act).
S. 228A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 9, 32(2); S.I. 2024/1021, reg. 2(i)