The Investigatory Powers Act 2016 (Commencement No. 1 and Transitional Provisions) Regulations 2016

• Citation: S.I. 2016/1233
• Sections: 3

Section 1 Citation and interpretation

(1) These Regulations may be cited as the Investigatory Powers Act 2016 (Commencement No. 1 and Transitional Provisions) Regulations 2016.

(2) In these Regulations “the 2016 Act ” means the Investigatory Powers Act 2016.

Section 2 Appointed Day

The following provisions of the 2016 Act come into force on 30th December 2016—

(a) section 2 (general duties in relation to privacy), so far as it applies to Part 4;

(b) paragraphs (a) to (j) of section 61(7) (purposes for which communications data may be obtained), for the purpose of the operation of sections 87 and 94;

(c) section 87 (powers to require retention of certain data), except subsection (1)(b);

(d) section 88 (matters to be taken into account before giving retention notices);

(e) section 90(13) (duty to keep a retention notice under review);

(f) section 92 (data integrity and security);

(g) section 93 (disclosure of retained data);

(h) section 94(1) to (3), (4)(a), (5) and (7) (variation or revocation of notices);

(i) section 94(8) except in so far as it applies to section 94(4)(b);

(j) section 94(9), (11) so far as it applies to section 90(13), and (13) to (16);

(k) section 95 (enforcement of notices and certain other requirements and restrictions);

(l) section 97 (extra-territorial application of Part 4);

(m) section 98 (Part 4: interpretation);

(n) section 244 (oversight by Information Commissioner in relation to Part 4);

(o) section 249 (payments towards certain compliance costs), for the purposes of the payment of a contribution in respect of costs incurred, or likely to be incurred, in complying with Part 4 and the purposes of paragraph 3 of Schedule 9 (transitional, transitory and saving provision) only;

(p) paragraphs 3 to 5, 8 and 9 of Schedule 9, and section 270(1) so far as it relates to those paragraphs;

(q) paragraph 63 of Schedule 10 (minor and consequential provisions), and section 271(1) so far as it relates to that paragraph;

(r) in Part 8 of Schedule 10, the repeals relating to sections 21 and 52(3)(a) of the Counter-Terrorism and Security Act 2015 , and section 271(1) so far as it relates to those repeals.

Section 3 Modification of the Data Retention Regulations 2014

In its continued operation by virtue of paragraph 5(1) of Schedule 9 to the 2016 Act, regulation 15 of the Data Retention Regulations 2014 has effect subject to the following modifications—

(a) regulation 15(5) has effect as if regulation 7 of those Regulations continues to have effect;

(b) regulation 15(7) is omitted.