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

sections 96 (notification of authorisations etc)21, 97 (authorisations requiring approval)22 and 103 to 105 (quashing of authorisations and appeals against decisions)23 of the 1997 Act;

b

sections 35 to 39 (authorisations)24, 54 (tipping-off)25, 55 (general duties of specified authorities)26, 68 (tribunal procedure)27 and 72 (effect of codes of practice)28 of RIPA, and

c

articles 4 to 6 (authorisations and appeals against decisions) of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 201329.