- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Section 62 of the Investigatory Powers Act 2016 (restrictions in relation to internet connection records) is amended as follows.
(2)In subsection (A2) for “or C” substitute “, C or D1”.
(3)In subsection (2)—
(a)after “authorisation” insert “under section 61 or 61A”;
(b)for “or C” substitute “, C or D2”.
(4)After subsection (5) insert—
“(5A)Condition D1 is that—
(a)the application is made by a relevant public authority which is specified in column 1 of the table (see below), and
(b)the Investigatory Powers Commissioner considers that it is necessary, for a purpose described in the corresponding entry in column 2 of the table, to identify which persons or apparatuses are using one or more specified internet services in a specified period.
1 (applicant) | 2 (description(s) of purpose) |
---|---|
Security Service, Secret Intelligence Service or GCHQ | A purpose falling within subsection (7)(a) or (c) of section 60A, or falling within subsection (7)(b) of that section by virtue of subsection (8)(a) of that section. |
National Crime Agency | A purpose falling within subsection (7)(b) of section 60A by virtue of subsection (8)(a) of that section. |
(5B)Condition D2 is that—
(a)the relevant public authority whose designated senior officer has power to grant the authorisation is specified in column 1 of the table (see below), and
(b)that officer considers that it is necessary, for a purpose described in the corresponding entry in column 2 or 3 of the table (as applicable), to identify which persons or apparatuses are using one or more specified internet services in a specified period.
1 (relevant public authority) | 2 (description of purpose: authorisation under section 61) | 3 (description of purpose: authorisation under section 61A) |
---|---|---|
Security Service, Secret Intelligence Service or GCHQ | A purpose falling within section 61(7)(a) or (c). | A purpose falling within subsection (7)(a) of section 61A by virtue of subsection (8)(a) of that section. |
National Crime Agency | A purpose falling within subsection (7)(a) of section 61A by virtue of subsection (8)(a) of that section. |
(5C)In subsections (5A)(b) and (5B)(b) “specified” means specified in the application for the authorisation.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: