PART 3Surveillance Commissioners: transitory and saving provisions
Transitory and saving provisions regarding the Surveillance Commissioners7
1
Where a person holds office as a Commissioner appointed under section 91(1)(b) of the 1997 Act (the Commissioners) immediately before the coming into force of section 240 of the 2016 Act (abolition of existing oversight bodies), section 91(1) to (4) and (6) to (10)19 of the 1997 Act and sections 4020 (information to be provided to Surveillance Commissioners) and 63(3) and (4) (Assistant Surveillance Commissioners) of RIPA continue to have effect in relation to such a person until—
a
31st December 2017, or
b
the day on which the person ceases to be a Commissioner in accordance with section 91 of the 1997 Act, if earlier.
2
But paragraph (1) does not apply to a person who is appointed as a Judicial Commissioner.
3
In continuing to have effect by virtue of paragraph (1)—
a
section 91 of the 1997 Act is to be read as if in subsection (9) and (9A) for “the Chief Commissioner” there were substituted “the Investigatory Powers Commissioner”, and
b
section 63 of RIPA is to be read as if—
i
for subsection (3) there were substituted—
3
The Investigatory Powers Commissioner may require a Commissioner appointed under section 91(1)(b) of the Police Act 1997 to provide the Investigatory Powers Commissioner with assistance in carrying out functions under section 229(3)(e), (f) and (h) of the Investigatory Powers Act 2016 (main oversight functions).
ii
in subsection (4), for “the Chief Surveillance Commissioner” there were substituted “the Investigatory Powers Commissioner”.
4
In their application to persons who continue to hold office by virtue of paragraph (1), references to a Judicial Commissioner in the following enactments are be read as including a reference to a Commissioner appointed under section 91(1)(b) of the 1997 Act—
a
b
c
articles 4 to 6 (authorisations and appeals against decisions) of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 201329.
Transitory and saving provisions regarding Assistant Surveillance Commissioners8
1
Where a person holds office as an Assistant Surveillance Commissioner appointed under section 63(1) of RIPA immediately before the coming into force of section 240 of the 2016 Act, section 63 of RIPA and section 91(3), (4), and (6) to (9) of the 1997 Act continue to have effect in relation to such a person until—
a
30th April 2018, or
b
the day on which the person ceases to be a Commissioner in accordance with section 91 of the 1997 Act, if earlier.
2
But paragraph (1) does not apply to a person who is appointed as a Judicial Commissioner.
3
So far as continuing to have effect by virtue of paragraph (1)—
a
section 91(9) of the 1997 Act is to be read as if for “the Chief Commissioner” there were substituted “the Investigatory Powers Commissioner”, and
b
section 63 of RIPA is to be read as if—
i
for subsection (3) there were substituted—
3
The Investigatory Powers Commissioner may require an Assistant Surveillance Commissioner to provide the Investigatory Powers Commissioner with assistance in carrying out functions under section 229(3)(e) to (h) of the Investigatory Powers Act 2016.
ii
in subsection (4) for “the Chief Surveillance Commissioner” there were substituted “the Investigatory Powers Commissioner.”.
4
In their application to persons who continue to hold office by virtue of paragraph (1), references to a Judicial Commissioner in sections 54(9)30, 55(7)31, 68(8)32 and 72(4)(bb)33 of RIPA are be read as including a reference to an Assistant Surveillance Commissioner appointed under section 63(1) of RIPA.
Transitory and saving provisions regarding the Scottish Surveillance Commissioners9
1
Where a person holds office as a Surveillance Commissioner appointed under section 2(1)(b) of RIPSA (conduct to which this Act applies)34 immediately before the coming into force of section 240 of the 2016 Act, sections 2(1) to (4) and (6) to (9), 3(3) and (4) (Assistant Surveillance Commissioners) and 18 (information to be provided to Surveillance Commissioners)35 of RIPSA continue to have effect in relation to such a person until—
a
31st December 2017, or
b
the day on which the person ceases to be a Surveillance Commissioner in accordance with section 2 of RIPSA, if earlier.
2
But paragraph (1) does not apply to a person who is appointed as a Judicial Commissioner.
3
So far as continuing to have effect by virtue of paragraph (1)—
a
section 2 of RIPSA is to be read as if in subsection (9), for “the Chief Surveillance Commissioner” there were substituted “the Investigatory Powers Commissioner”, and
b
section 3 of RIPSA is to be read as if—
i
for subsection (3) there were substituted—
3
The Investigatory Powers Commissioner may require a Surveillance Commissioner appointed under section 2(1)(b) to provide the Investigatory Powers Commissioner with assistance in carrying out functions under section 229(3)(g) of the Act.
ii
in subsection (4), for “the Chief Surveillance Commissioner” there were substituted “the Investigatory Powers Commissioner”.
4
In relation to persons who continue to hold office by virtue of paragraph (1), references to a Judicial Commissioner in sections 2, 13 to 17 (authorisations and appeals against decisions)36 and 26 (effect of codes of practice)37 of RIPSA are be read as including a reference to a Surveillance Commissioner appointed under section 2(1)(b) of RIPSA.
Transitory and saving provisions regarding the Scottish Assistant Surveillance Commissioners10
1
Where a person holds office as an Assistant Surveillance Commissioner appointed under section 3 of RIPSA immediately before the coming into force of section 240 of the 2016 Act, sections 2(3), (4), and (6) to (8) and 3 of RIPSA continue to have effect in relation to such a person until—
a
30th April 2018, or
b
the day on which the person ceases to be an Assistant Surveillance Commissioner in accordance with section 3 of RIPSA, if earlier.
2
But paragraph (1) does not apply to a person who is appointed as a Judicial Commissioner.
3
So far as continuing to have effect by virtue of paragraph (1), section 3 of RIPSA is to be read as if—
a
for subsection (3) there were substituted—
3
The Investigatory Powers Commissioner may require a Surveillance Commissioner appointed under subsection (1) to provide the Investigatory Powers Commissioner with assistance in carrying out functions under section 229(3)(g) of the Act.
b
in subsection (4), for “the Chief Surveillance Commissioner” there were substituted “the Investigatory Powers Commissioner”.
Decisions of the Chief Commissioner and other Surveillance Commissioners11
The repeal of subsection (10) of section 91 of the 1997 Act by section 240(2)(c) of the 2016 Act does not affect any decision taken before the repeal of that subsection.