PART 2Investigatory Powers Commissioner: transitory, transitional and saving provisions
Transitory provisions regarding the main functions of the Commissioner3
1
From 1st September 2017 until the coming into force of section 19 of the 2016 Act (power of Secretary of State to issue warrants)—
a
section 229(1) has effect as if for paragraph (c) there were substituted—
c
the obtaining of related communications data under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 20005
b
section 229(2)(a) has effect as if for “Chapter 1 of Part 2 or Chapter 1 of Part 6” there were substituted “Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 20006”.
2
From 1st September 2017 until the coming into force of section 45 of the 2016 Act (interception by providers of postal or telecommunications services), section 229(4)(e)(i) of the 2016 Act has effect as if the reference to section 45 were a reference to section 4(2) of RIPA (power to provide for lawful interception).
3
From 1st September 2017 until the coming into force of section 47 of the 2016 Act (postal services: interception for enforcement purposes), section 229(4)(e)(i) of the 2016 Act has effect as if the reference to section 47 were a reference to section 3(3A) and (3B)7 of RIPA (lawful interception without an interception warrant).
4
From 1st September 2017 until the coming into force of section 50 of the 2016 Act (interception in psychiatric hospitals), section 229(4)(e)(i) of the 2016 Act has effect as if the reference to section 50 were a reference to section 4(5) and (6)8 of RIPA.
5
From 1st September 2017 until the coming into force of section 46 of the 2016 Act (interception by business etc. for monitoring and record-keeping purposes), section 229(4)(e)(ii) of RIPA has effect as if the reference—
a
to section 46 were a reference to section 4(2) of RIPA, and
b
to an intercepting authority (within the meaning given by section 18(1)) were a reference to a person specified in section 6(2)9 of RIPA (application for issue of an interception warrant).
6
From 1st September 2017 until the coming into force of section 7 of the 2016 Act (monetary penalties for certain unlawful interceptions), section 229(8)(a) of the 2016 Act is to be read as if for sub-paragraph (i) there were substituted—
Transitory provisions regarding functions of the Interception of Communications Commissioner4
From 1st September 2017 until the repeal of Chapter 1 of Part 1 of RIPA by paragraph 45 of Schedule 10 to the 2016 Act is fully in force, the references to the Interception of Communications Commissioner in sections 1(1A) (unlawful interception), 12(11)(c) (maintenance of interception capability)12, 15(4)(c) (general safeguards) and 19(9) (offence for unauthorised disclosures)13 of, and paragraph 1 of Schedule A1 to, RIPA are to be read as references to the Investigatory Powers Commissioner14.
Continuity of functions5
1
The abolition of the office of a relevant commissioner does not affect the validity of anything done before the abolition.
2
The transfer of a function does not affect the validity of anything done before the transfer.
3
Paragraphs (4) to (7) apply in relation to the transfer of a function.
4
Where anything is in the process of being made or done by or in relation to the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Chief Surveillance Commissioner or the Scottish Chief Surveillance Commissioner immediately before the transfer takes effect, it may be continued afterwards by or in relation to the Investigatory Powers Commissioner.
5
Where anything is in the process of being made or done by or in relation to the other Surveillance Commissioners or the other Scottish Surveillance Commissioners immediately before the transfer takes effect, it may be continued afterwards by or in relation to a Judicial Commissioner.
6
Where anything has been made or done by or in relation to the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Chief Surveillance Commissioner or the Scottish Chief Surveillance Commissioner and is in effect immediately before the transfer takes effect, it has effect afterwards as if made or done by or in relation to the Investigatory Powers Commissioner.
7
Where anything has been made or done by or in relation to the other Surveillance Commissioners or the other Scottish Surveillance Commissioners and is in effect immediately before the transfer takes effect, it has effect afterwards as if made or done by or in relation to a Judicial Commissioner.
8
In this regulation a reference to the transfer of a function is a reference to a case where—
a
a function is a function of a relevant commissioner,
b
that commissioner is abolished, and
c
a corresponding function is conferred on the Investigatory Powers Commissioner or the other Judicial Commissioners.
9
For the purposes of this regulation, “relevant commissioner” means—
a
the Interception of Communications Commissioner;
b
the Intelligence Services Commissioner;
c
the Chief Surveillance Commissioner;
d
the other Surveillance Commissioners;
e
the Scottish Chief Surveillance Commissioner, or
f
the other Scottish Surveillance Commissioners.
Saving provisions regarding oversight6
1
The following provisions continue to have effect in relation to conduct taking place before the coming into force of these Regulations—
a
sections 57(2), (4) and (4A) (Interception of Communications Commissioner)15, 59(2) and (4) (Intelligence Services Commissioner)16, 59A(1) and (2) (Additional functions of the Intelligence Services Commissioner)17 and 62(1) to (2A) (Additional functions of Chief Surveillance Commissioner)18 of RIPA;
b
section 107(1) of the 1997 Act (supplementary provisions relating to Commissioners), and
c
section 21(1) and (4) of RIPSA (functions of Chief Surveillance Commissioner).
2
In continuing to have effect by virtue of paragraph (1) —
a
section 57(2), (4) and (4A) of RIPA is to be read as if for “Interception of Communications Commissioner” there were substituted “Investigatory Powers Commissioner”;
b
section 59(2) and (4) of RIPA is to be read as if for “Intelligence Services Commissioner” there were substituted “Investigatory Powers Commissioner”;
c
section 59A(1) and (2) is to be read as if for “Intelligence Services Commissioner” there were substituted “Investigatory Powers Commissioner”
d
section 62(1) to (2A) of RIPA is to be read as if for “Chief Surveillance Commissioner” there were substituted “Investigatory Powers Commissioner”;
e
section 21(1) and (4) of RIPSA is to be read as if for “Chief Surveillance Commissioner” there were substituted “Investigatory Powers Commissioner”, and
f
section 107(1) of the 1997 Act is to be read as if for “Chief Commissioner” there were substituted “Investigatory Powers Commissioner”.
3
A direction given under section 59A which is in force immediately before the coming into force of these Regulations continues to have effect in relation to conduct taking place before the coming into force of these Regulations as if given to the Investigatory Powers Commissioner.