The Investigatory Powers Act 2016 (Commencement No. 3 and Transitory, Transitional and Saving Provisions) Regulations 2017

Transitory and saving provisions regarding Assistant Surveillance Commissioners

8.—(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.”, and

(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)(1), 55(7)(2), 68(8)(3) and 72(4)(bb)(4) of RIPA are be read as including a reference to an Assistant Surveillance Commissioner appointed under section 63(1) of RIPA.

(1)

Section 54(9) was amended by section 233(4)(b) of the 2016 Act.

(2)

Section 55(7) was amended by section 233(4)(c) of the 2016 Act.

(3)

Section 68(8) was amended by section 243(6) of the 2016 Act.

(4)

Section 72(4)(bb) was inserted by paragraph 82(2) of Schedule 10 to the 2016 Act, which is brought into force by these Regulations.