Search Legislation

Advanced Search

Investigatory Powers (Amendment) Act 2024

Contents

Territorial extent and application

  1. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.
  2. All measures in the Act are reserved and apply to the whole of the UK, with the exception of:
    1. Sections 7 and 8 which enable the IPC to appoint up to two deputies to whom functions conferred on the IPC may be delegated when the IPC is unable or unavailable to exercise their functions. This engages the legislative consent motion process in Scotland because of the IPC’s functions in overseeing the use of investigatory powers by public authorities in Scotland (e.g., policing and local authorities), which fall into devolved competence. The LCM was granted 14 March 2024.
    2. Section 9 enables the IPC to appoint Temporary JCs in exceptional circumstances, which results in a shortage of persons able to carry out the function of Judicial Commissioners. This engages the legislative consent motion process in Scotland because of the functions of JCs in assisting the IPC in the exercise of their oversight functions. The LCM was granted 14 March 2024.
    3. Section 10(4) amends section 231(9) IPA 2016 to clarify the scope of the error-reporting obligations imposed on public authorities, to specify that a relevant error includes an error of a description identified in a code of practice issued under Schedule 7 IPA 2016 and other relevant enactments, including RIP(S)A 2000. This engages the legislative consent motion process in Scotland. The LCM was granted 14 March 2024.
    4. Section 28 makes amendments to Schedule 3 IPA 2016 in respect of the Parole Board of England and Wales; these will apply to England and Wales only. A legislative consent motion will not be required. It also creates two new paragraphs at Schedule 3 which apply to Northern Ireland coroners and Scottish sheriffs, these will apply to Northern Ireland and Scotland. A legislative consent motion was not required; this is because Part 2 of the IPA 2016 is specifically mentioned in paragraph 17 of Schedule 2 of the Northern Ireland Act 1998.
    5. Section 29 amends the list of persons and bodies dealing with security matters under s.23 of FOIA. FOIA extends to the UK. However, freedom of information policy is a devolved matter, meaning that its application depends on whether devolved administrations have implemented their own freedom of information legislation. The amendment to section 23 FOIA does not apply to the regime under the Freedom of Information (Scotland Act) 2002, as such, this measure did not require a legislative consent motion.

Back to top