The Investigatory Powers Commissioner (Oversight Functions) Regulations 2022

• Citation: S.I. 2022/1299
• Sections: 2

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Investigatory Powers Commissioner (Oversight Functions) Regulations 2022 and come into force on the day after the day on which they are made.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendment of section 229 of the Investigatory Powers Act 2016

In section 229 of the Investigatory Powers Act 2016 (main oversight functions of the Investigatory Powers Commissioner), after subsection (3A) , insert—

(3B) The Investigatory Powers Commissioner must keep under review (including by way of audit, inspection and investigation) the process operated by GCHQ for determining whether information about vulnerabilities in technology should be disclosed.

(3C) The Investigatory Powers Commissioner must keep under review (including by way of audit, inspection and investigation) compliance by the persons mentioned in subsection (3D) with “The Principles Relating to the Detention and Interviewing of Detainees Overseas and the Passing and Receipt of Intelligence Relating to Detainees”, as published on 18th July 2019.

(3D) Those persons are—

(a) members and civilian staff of the metropolitan police force who are carrying out activities to which a collaboration agreement made under section 22A of the Police Act 1996 relating to counter-terrorism activities applies, and

(b) officers of the National Crime Agency.