The Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017

• Citation: S.I. 2017/845
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Investigatory Powers Act 2016 (Consequential Amendments and Saving Provisions) Regulations 2017 and come into force on 11th September 2017.

Section 2 Regulation of Investigatory Powers (Notification of Authorisations etc. ) Order 2000

(1) In article 2 of the Regulation of Investigatory Powers (Notification of Authorisations etc.) Order 2000 (interpretation), in the definition of “Commissioner”, for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.

(2) Until 31st December 2017, the reference to a Judicial Commissioner in article 2 of that Order is to be read as including a Commissioner appointed under section 91(1)(b) of the Police Act 1997 .

Section 3 Regulation of Investigatory Powers (Notification of Authorisations etc.) (Scotland) Order 2000

(1) In article 2 of the Regulation of Investigatory Powers (Notification of Authorisations etc.) (Scotland) Order 2000 (interpretation), in the definition of “Commissioner”, for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.

(2) Until 31st December 2017, the reference to a Judicial Commissioner in article 2 of that Order is to be read as including a Surveillance Commissioner appointed under section 2(1)(b) of the Regulation of Investigatory Powers (Scotland) Act 2000 .

Section 4 Investigatory Powers Tribunal Rules 2000

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Section 5 Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010

(1) The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010 is amended as follows.

(2) In the heading of Part 3, for “ORDINARY SURVEILLANCE COMMISSIONER” substitute “JUDICIAL COMMISSIONER”.

(3) In article 4(2), for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.

(4) Until 31st December 2017 the reference to a Judicial Commissioner in article 4(2) of that Order is to be read as including a Commissioner appointed under section 91(1)(b) of the Police Act 1997.

Section 6 Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014

(1) The Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014 is amended as follows.

(2) In article 2 (interpretation), in the definition of “Commissioner”, for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”.

(3) Until 31st December 2017 the reference to a Judicial Commissioner in article 2 of that Order is to be read as including a Surveillance Commissioner appointed under section 2(1)(b) of the Regulation of Investigatory Powers (Scotland) Act 2000.

(4) In article 11 (appeals against decisions by Commissioners)—

(a) in paragraphs (1) and (3) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner”;

(b) in paragraph (1) after “refusal of a Commissioner” insert “(other than the Investigatory Powers Commissioner)”.