Investigatory Powers Bill AS AMENDED IN COMMITTEE CONTENTS PART 1 GENERAL PRIVACY PROTECTIONS Overview and general privacy duties 1 Overview of Act 2 General duties in relation to privacy Prohibitions against unlawful interception 3 4 5 6 7 8 9 10 Offence of unlawful interception Definition of “interception” etc Conduct that is not interception Definition of “lawful authority” Monetary penalties for certain unlawful interceptions Civil liability for certain unlawful interceptions Restriction on requesting interception by overseas authorities Restriction on requesting assistance under mutual assistance agreements etc Prohibition against unlawful obtaining of communications data 11 Offence of unlawfully obtaining communications data Abolition of powers to obtain communications data 12 Abolition or restriction of certain powers to obtain communications data Restrictions on interference with equipment 13 Mandatory use of equipment interference warrants 14 Restriction on use of section 93 of the Police Act 1997 HL Bill 62 56 2 ii Investigatory Powers Bill PART 2 L AWFUL INTERCEPTION OF COMMUNICATIONS CHAPTER 1 I NTERCEPTION AND EXAMINATION WITH A WARRANT Warrants under this Chapter 15 Warrants that may be issued under this Chapter 16 Obtaining secondary data 17 Subject-matter of warrants Power to issue warrants 18 19 20 21 22 Persons who may apply for issue of a warrant Power of Secretary of State to issue warrants Grounds on which warrants may be issued by Secretary of State Power of Scottish Ministers to issue warrants “Relevant Scottish applications” Approval of warrants by Judicial Commissioners 23 Approval of warrants by Judicial Commissioners 24 Approval of warrants issued in urgent cases 25 Failure to approve warrant issued in urgent case Additional safeguards 26 Members of Parliament etc 27 Items subject to legal privilege Further provision about warrants 28 29 30 31 32 33 34 35 36 37 38 Decisions to issue warrants to be taken personally by Ministers Requirements that must be met by warrants Duration of warrants Renewal of warrants Modification of warrants Persons who may make modifications Further provision about modifications Notification of major modifications Approval of major modifications made in urgent cases Cancellation of warrants Special rules for certain mutual assistance warrants Implementation of warrants 39 Implementation of warrants 40 Service of warrants 41 Duty of operators to assist with implementation iii Investigatory Powers Bill CHAPTER 2 OTHER FORMS OF LAWFUL INTERCEPTION Interception with consent 42 Interception with the consent of the sender or recipient Interception for administrative or enforcement purposes 43 44 45 46 Interception by providers of postal or telecommunications services Interception by businesses etc for monitoring and record-keeping purposes Postal services interception for enforcement purposes Interception by OFCOM in connection with wireless telegraphy Interception taking place in certain institutions 47 Interception in prisons 48 Interception in psychiatric hospitals etc 49 Interception in immigration detention facilities Interception in accordance with overseas requests 50 Interception in accordance with overseas requests CHAPTER 3 OTHER PROVISIONS ABOUT INTERCEPTION Restrictions on use or disclosure of material obtained under warrants etc 51 52 53 54 55 56 Safeguards relating to retention and disclosure of material Safeguards relating to disclosure of material overseas Exclusion of matters from legal proceedings Duty not to make unauthorised disclosures Section 54 meaning of “excepted disclosure” Offence of making unauthorised disclosures Interpretation 57 Part 2 interpretation PART 3 A UTHORISATIONS FOR OBTAINING COMMUNICATIONS DATA Targeted authorisations for obtaining data 58 59 60 61 62 63 Power to grant authorisations Restrictions in relation to internet connection records Additional restrictions on grant of authorisations Procedure for authorisations and authorised notices Duration and cancellation of authorisations and notices Duties of telecommunications operators in relation to authorisations iv Investigatory Powers Bill Filtering arrangements for obtaining data 64 Filtering arrangements for obtaining data 65 Use of filtering arrangements in pursuance of an authorisation 66 Duties in connection with operation of filtering arrangements Relevant public authorities other than local authorities 67 Relevant public authorities and designated senior officers 68 Power to modify section 67 and Schedule 4 69 Certain regulations under section 68 supplementary Local authorities 70 Local authorities as relevant public authorities 71 Requirement to be party to collaboration agreement 72 Judicial approval for local authority authorisations Additional protections 73 Use of a single point of contact 74 Commissioner approval for authorisations to identify or confirm journalistic sources Collaboration agreements 75 Collaboration agreements 76 Collaboration agreements supplementary 77 Police collaboration agreements Further and supplementary provision 78 79 80 81 82 83 Lawfulness of conduct authorised by this Part Offence of making unauthorised disclosure Certain transfer and agency arrangements with public authorities Application of Part 3 to postal operators and postal services Extra-territorial application of Part 3 Part 3 interpretation PART 4 RETENTION OF COMMUNICATIONS DATA General 84 Powers to require retention of certain data Safeguards 85 86 87 88 Matters to be taken into account before giving retention notices Review by the Secretary of State Data integrity and security Disclosure of retained data v Investigatory Powers Bill Variation or revocation of notices 89 Variation or revocation of notices Enforcement 90 Enforcement of notices and certain other requirements and restrictions Further and supplementary provision 91 Application of Part 4 to postal operators and postal services 92 Extra-territorial application of Part 4 93 Part 4 interpretation PART 5 EQUIPMENT INTERFERENCE Warrants under this Part 94 Warrants under this Part general 95 Meaning of “equipment data” 96 Subject-matter of warrants Power to issue warrants 97 98 99 100 Power to issue warrants to intelligence services the Secretary of State Power to issue warrants to intelligence services the Scottish Ministers Power to issue warrants to the Chief of Defence Intelligence Decision to issue warrants under sections 97 to 99 to be taken personally by Ministers 101 Power to issue warrants to law enforcement officers 102 Restriction on issue of warrants to certain law enforcement officers Approval of warrants by Judicial Commissioners 103 Approval of warrants by Judicial Commissioners 104 Approval of warrants issued in urgent cases 105 Failure to approve warrant issued in urgent case Additional safeguards 106 Members of Parliament etc 107 Items subject to legal privilege Further provision about warrants 108 109 110 111 112 113 114 115 Requirements that must be met by warrants Duration of warrants Renewal of warrants Modification of warrants issued by the Secretary of State or Scottish Ministers Persons who may make modifications under section 111 Further provision about modifications under section 111 Notification of modifications Approval of modifications under section 111 made in urgent cases vi Investigatory Powers Bill 116 Modification of warrants issued by law enforcement chiefs 117 Approval of modifications under section 116 in urgent cases 118 Cancellation of warrants Implementation of warrants 119 Implementation of warrants 120 Service of warrants 121 Duty of telecommunications operators to assist with implementation Supplementary provision 122 123 124 125 126 127 Safeguards relating to retention and disclosure of material Safeguards relating to disclosure of material overseas Duty not to make unauthorised disclosures Section 124 meaning of “excepted disclosure” Offence of making unauthorised disclosure Part 5 interpretation PART 6 BULK WARRANTS CHAPTER 1 BULK INTERCEPTION WARRANTS Bulk interception warrants 128 129 130 131 132 133 134 Bulk interception warrants Obtaining secondary data Power to issue bulk interception warrants Additional requirements in respect of warrants affecting overseas operators Approval of warrants by Judicial Commissioners Decisions to issue warrants to be taken personally by Secretary of State Requirements that must be met by warrants Duration modification and cancellation of warrants 135 136 137 138 139 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications made in urgent cases Cancellation of warrants Implementation of warrants 140 Implementation of warrants Restrictions on use or disclosure of material obtained under warrants etc 141 Safeguards relating to retention and disclosure of material 142 Safeguards relating to disclosure of material overseas 143 Safeguards relating to examination of material vii Investigatory Powers Bill 144 Additional safeguards for items subject to legal privilege 145 Application of other restrictions in relation to warrants Interpretation 146 Chapter 1 interpretation CHAPTER 2 BULK ACQUISITION WARRANTS Bulk acquisition warrants 147 148 149 150 Power to issue bulk acquisition warrants Approval of warrants by Judicial Commissioners Decisions to issue warrants to be taken personally by Secretary of State Requirements that must be met by warrants Duration modification and cancellation of warrants 151 152 153 154 155 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications made in urgent cases Cancellation of warrants Implementation of warrants 156 Implementation of warrants 157 Service of warrants 158 Duty of operators to assist with implementation Restrictions on use or disclosure of data obtained under warrants etc 159 Safeguards relating to the retention and disclosure of data 160 Safeguards relating to examination of data Supplementary provision 161 Offence of making unauthorised disclosure 162 Chapter 2 interpretation CHAPTER 3 BULK EQUIPMENT INTERFERENCE WARRANTS Bulk equipment interference warrants 163 164 165 166 167 168 Bulk equipment interference warrants general Meaning of “equipment data” Power to issue bulk equipment interference warrants Approval of warrants by Judicial Commissioners Approval of warrants issued in urgent cases Failure to approve warrant issued in urgent case viii Investigatory Powers Bill 169 Decisions to issue warrants to be taken personally by Secretary of State 170 Requirements that must be met by warrants Duration modification and cancellation of warrants 171 172 173 174 175 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications made in urgent cases Cancellation of warrants Implementation of warrants 176 Implementation of warrants Restrictions on use or disclosure of material obtained under warrants etc 177 178 179 180 181 Safeguards relating to retention and disclosure of material Safeguards relating to disclosure of material overseas Safeguards relating to examination of material etc Additional safeguards for items subject to legal privilege Application of other restrictions in relation to warrants Interpretation 182 Chapter 3 interpretation PART 7 BULK PERSONAL DATASET WARRANTS Bulk personal datasets interpretation 183 Bulk personal datasets interpretation Requirement for warrant 184 Requirement for authorisation by warrant general 185 Exceptions to section 184 1 and 2 186 Restriction on use of class BPD warrants Issue of warrants 187 188 189 190 191 192 193 194 Class BPD warrants Specific BPD warrants Additional safeguards for health records Approval of warrants by Judicial Commissioners Approval of specific BPD warrants issued in urgent cases Failure to approve specific BPD warrant issued in urgent case Decisions to issue warrants to be taken personally by Secretary of State Requirements that must be met by warrants ix Investigatory Powers Bill Duration modification and cancellation 195 196 197 198 199 200 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications made in urgent cases Cancellation of warrants Non-renewal or cancellation of BPD warrants Further and supplementary provision 201 202 203 204 Initial examinations time limits Safeguards relating to examination of bulk personal datasets Application of Part to bulk personal datasets obtained under this Act Part 7 interpretation PART 8 OVERSIGHT ARRANGEMENTS CHAPTER 1 I NVESTIGATORY POWERS COMMISSIONER AND OTHER JUDICIAL COMMISSIONERS The Commissioners 205 Investigatory Powers Commissioner and other Judicial Commissioners 206 Terms and conditions of appointment Main functions of Commissioners 207 208 209 210 211 Main oversight functions Additional directed oversight functions Error reporting Additional functions under this Part Functions under other Parts and other enactments Reports and investigation and information powers 212 213 214 215 Annual and other reports Investigation and information powers Referrals by the Intelligence and Security Committee of Parliament Information gateway Supplementary provision 216 Funding staff and facilities 217 Power to modify functions 218 Abolition of existing oversight bodies x Investigatory Powers Bill CHAPTER 2 OTHER ARRANGEMENTS Codes of practice 219 Codes of practice Investigatory Powers Tribunal 220 Right of appeal from Tribunal 221 Functions of Tribunal in relation to this Act Information Commissioner 222 Oversight by Information Commissioner in relation to Part 4 Technical Advisory Board 223 Technical Advisory Board PART 9 M ISCELLANEOUS AND GENERAL PROVISIONS CHAPTER 1 M ISCELLANEOUS Combined warrants and authorisations 224 Combination of warrants and authorisations Compliance with Act 225 Payments towards certain compliance costs 226 Power to develop compliance systems etc Additional powers 227 228 229 230 231 232 233 234 Amendments of the Intelligence Services Act 1994 National security notices Technical capability notices Approval of notices by Judicial Commissioners Further provision about notices under section 228 or 229 Variation and revocation of notices Review of notices by the Secretary of State Approval of notices following review under section 233 Wireless telegraphy 235 Amendments of the Wireless Telegraphy Act 2006 xi Investigatory Powers Bill CHAPTER 2 GENERAL Review of operation of Act 236 Review of operation of Act Interpretation 237 238 239 240 Telecommunications definitions Postal definitions General definitions Index of defined expressions Supplementary provision 241 242 243 244 245 246 Offences by bodies corporate etc Regulations Enhanced affirmative procedure Financial provisions Transitional transitory or saving provision Minor and consequential provision Final provision 247 Commencement extent and short title Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices Part 2 — Information provisions Schedule 2 — Abolition of disclosure powers Schedule 3 — Exceptions to section 53 Schedule 4 — Relevant public authorities and designated senior officers Part 1 — Table of authorities and officers Part 2 — Interpretation of table Schedule 5 — Transfer and agency arrangements with public authorities further provisions Schedule 6 — Issue of warrants under section 101 etc table Part 1 — Table Part 1 Part 2 — Table Part 2 Part 3 — Interpretation of the table Schedule 7 — Codes of practice Schedule 8 — Combination of warrants and authorisations Part 1 — Combinations with targeted interception warrants Part 2 — Other combinations involving targeted equipment interference warrants Part 3 — Combinations involving targeted examination warrants only Part 4 — Combined warrants supplementary provision Schedule 9 — Transitional transitory and saving provision Schedule 10 — Minor and consequential provision xii Investigatory Powers Bill Part Part Part Part Part Part Part Part 1 2 3 4 5 6 7 8 — General amendments — Lawful interception of communications — Acquisition of communications data — Retention of communications data — Equipment interference — Judicial Commissioners — Other minor and consequential provision — Repeals and revocations consequential on other repeals or amendments in this Act 1 Investigatory Powers Bill Part 1 — General privacy protections A BILL AS AMENDED IN COMMITTEE TO Make provision about the interception of communications equipment interference and the acquisition and retention of communications data bulk personal datasetsand other information to make provision about the treatmentof material held as a result of such interception equipment interference or acquisition or retention to establish the Investigatory Powers Commissioner and other Judicial Commissioners and make provision about them and other oversight arrangements to make further provision about investigatory powers and national security to amend sections 3 and 5 of the Intelligence Services Act 1994 and for connected purposes B by the Queen’s most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows — E IT ENACTED PART 1 GENERAL PRIVACY PROTECTIONS Overview and general privacy duties 1 Overview of Act 1 This Part imposes certain duties in relation to privacy and contains 5 other protections for privacy 2 These other protections include offences and penalties in relation to— a the unlawful interception of communications and b the unlawful obtaining of communications data 3 This Part also abolishesand restrictsvarious general powers to obtain 10 communications data and restricts the circumstances in which equipment HL Bill 62 56 2 2 Investigatory Powers Bill Part 1 — General privacy protections interference and certain requests about the interception of communications can take place 4 Further protections for privacy— a can be found in particular in the regimes provided for by Parts 2 to 7 and in the oversight arrangements in Part 8 and 5 b also exist— i by virtue of the Human Rights Act 1998 ii in section 55 of the Data Protection Act 1998 unlawful obtaining etc of personal data iii in section 48 of the Wireless Telegraphy Act 2006 offence 10 of interception or disclosure of messages iv in sections 1 to 3A of the Computer Misuse Act 1990 computer misuse offences v in the common law offence of misconduct in public office and vi elsewhere in the law 15 5 The regimes provided for by Parts 2 to 7 are as follows— a Part 2 and Chapter 1 of Part 6 set out circumstances including under a warrant in which the interception of communications is lawful and make further provision about the interception of communications and the treatment of material obtained in connection with it 20 b Part 3 and Chapter 2 of Part 6 set out circumstances in which the obtaining of communicationsdata is lawful in pursuanceof an authorisation or under a warrant and make further provision about the obtaining and treatment of such data c Part 4 makes provision for the retention of certain communications25 data in pursuance of a notice d Part 5 and Chapter 3 of Part 6 deal with equipment interference warrants and e Part 7 deals with bulk personal dataset warrants 6 As to the rest of the Act— 30 a Part 8 deals with oversight arrangements for regimes in this Act and elsewhere and b Part 9 contains miscellaneousand general provisions including amendments to sections 3 and 5 of the Intelligence Services Act 1994 and provisions about national security and combined warrants35 and authorisations 2 General duties in relation to privacy 1 Subsection 2 applies where a public authority is deciding whether— a to issue renew or cancel a warrant under Part 2 5 6 or 7 b to modify such a warrant 40 c to approve a decision to issue renew or modify such a warrant d to grant approve or cancel an authorisation under Part 3 e to give a notice in pursuance of such an authorisation or under Part 4 or section 228 229 or 233 f to vary or revoke such a notice 45 g to approve a decision to give a notice under section 228 or 229 or Investigatory Powers Bill Part 1 — General privacy protections 3 h to apply for or otherwise seek any issue grant giving modification variation or renewal of a kind falling within paragraph a b d e or f 2 The public authority must have regard to— a whether what is sought to be achieved by the warrant authorisation 5 or notice could reasonably be achieved by other less intrusive means b the public interest in the integrity and security of telecommunication systems and postal services and c any other aspects of the public interest in the protection of privacy 3 The duties under subsection 2 — 10 a apply so far as they are relevant in the particular context and b are subject to the need to have regard to other considerations that are also relevant in that context 4 The other considerations may in particular include— a the interests of national security or of the economic well-being of the 15 United Kingdom b the public interest in preventing or detecting serious crime c other considerations which are relevant to— i whether the conduct authorised or required by the warrant authorisation or notice is proportionate or 20 ii whether it is necessary to act for a purpose provided for by this Act d the requirements of the Human Rights Act 1998 and e other requirements of public law 5 In this section “public authority” includes the relevant judicial authority 25 within the meaning of section 72 where the relevant judicial authority is deciding whether to approve under that section an authorisation under Part 3 Prohibitions against unlawful interception 3 Offence of unlawful interception 1 A person commits an offence if— 30 a the person intentionally intercepts a communication in the course of its transmission by means of— i a public telecommunication system ii a private telecommunication system or iii a public postal service 35 b the interception is carried out in the United Kingdom and c the person does not have lawful authority to carry out the interception 2 But it is not an offence under subsection 1 for a person to communication in the course of its transmission by means of telecommunication system if the person— a is a person with a right to control the operation or use of the b has the express or implied consent of such a person to carry interception 3 Sections 4 and 5 contain provision about— intercept a a private 40 system or out the 4 Investigatory Powers Bill Part 1 — General privacy protections a the meaning of “interception” and b when interception is to be regarded as carried out in the United Kingdom 4 Section 6 contains provision about when a person has lawful authority to carry out an interception 5 5 For the meaning of the terms used in subsection 1 a i to iii see sections 237 and 238 6 A person who is guilty of an offence under subsection 1 is liable— a on summary conviction in England and Wales to a fine b on summary conviction in Scotland or Northern Ireland to a fine not 10 exceeding the statutory maximum c on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both 7 No proceedings for any offence which is an offence by virtue of this section may be instituted— 15 a in England and Wales except by or with the consent of the Director of Public Prosecutions b in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland 4 Definition of “interception” etc 20 Interception in relation to telecommunication systems 1 For the purposes of this Act a person intercepts a communication in the course of its transmission by means of a telecommunication system if and only if— a the person does a relevant act in relation to the system and b the effect of the relevant act is to make any content of the 25 communication available at a relevant time to a person who is not the sender or intended recipient of the communication For the meaning of “content” in relation to a communication see section 237 6 2 In this section “relevant act” in relation to a telecommunication system means— 30 a modifying or interfering with the system or its operation b monitoring transmissions made by means of the system c monitoring transmissions made by wireless telegraphy to or from apparatus that is part of the system 3 For the purposes of this section references to modifying a telecommunication 35 system include referencesto attaching any apparatus to or otherwise modifying or interfering with— a any part of the system or b any wireless telegraphy apparatus used for making transmissions to or from apparatus that is part of the system 40 4 In this section “relevant time” in relation to a communication transmitted by means of a telecommunication system means— a any time while the communication is being transmitted and b any time when the communication is stored in or by the system whether before or after its transmission 45 Investigatory Powers Bill Part 1 — General privacy protections 5 5 For the purposes of this section the cases in which any content of a communication is to be taken to be made available to a person at a relevant time include any case in which any of the communication is diverted or recorded at a relevant time so as to make any content of the communication available to a person after that time 5 6 In this section “wireless telegraphy” and “wireless telegraphy apparatus” have the same meaning as in the Wireless Telegraphy Act 2006 see sections 116 and 117 of that Act Interception in relation to postal services 7 Section 125 3 of the Postal Services Act 2000 applies for the purposes 10 of determining for the purposes of this Act whether a postal item is in the course of its transmission by means of a postal service as it applies for the purposes of determining for the purposes of that Act whether a postal packet is in course of transmission by post Interception carried out in the United Kingdom 15 8 For the purposes of this Act the interception of a communication is carried out in the United Kingdom if and only if— a the relevant act or in the case of a postal item the interception is carried out by conduct within the United Kingdom and b the communication is intercepted— 20 i in the course of its transmissionby means of a public telecommunication system or a public postal service or ii in the course of its transmissionby means of a private telecommunication system in a case where the sender or intended recipient of the communicationis in the United 25 Kingdom 5 Conduct that is not interception 1 References in this Act to the interception of a communication do not include references to the interception of any communication broadcast for general reception 30 2 References in this Act to the interception of a communication in the course of its transmission by means of a postal service do not include references to— a any conduct that takes place in relation only to so much of the communication as consists of any postal data comprised in included as part of attached to or logically associated with a communication 35 whether by the sender or otherwise for the purposes of any postal service by means of which it is being or may be transmitted or b any conduct in connection with conduct falling within paragraph a that gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose 40 of identifying such postal data For the meaning of “postal data” see section 238 6 Definition of “lawful authority” 1 For the purposes of this Act a person has lawful authority to carry out an interception if and only if— 45 6 Investigatory Powers Bill Part 1 — General privacy protections a the interception is carried out in accordance with— i a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 or ii a bulk interception warrant under Chapter 1 of Part 6 b the interception is authorised by any of sections 42 to 50 or 5 c in the case of a communication stored in or by a telecommunication system the interception— i is carried out in accordancewith a targeted equipment interferencewarrant under Part 5 or a bulk equipment interference warrant under Chapter 3 of Part 6 10 ii is in the exercise of any statutory power that is exercised for the purpose of obtaining information or taking possession of any document or other property or iii is carried out in accordance with a court order made for that purpose 15 2 Conduct which has lawful authority for the purposes of this Act by virtue of subsection 1 a or b is to be treated as lawful for all other purposes 3 Any other conduct which— a is carried out in accordance with a warrant under Chapter 1 of Part 2 or a bulk interception warrant or 20 b is authorised by any of sections 42 to 50 is to be treated as lawful for all purposes 7 Monetary penalties for certain unlawful interceptions 1 The Investigatory Powers Commissioner may serve a monetary penalty notice on a person if conditions A and B are met 25 2 A monetary penalty notice is a notice requiring the person on whom it is served to pay to the Investigatory Powers Commissioner “the Commissioner” a monetary penalty of an amount determinedby the Commissionerand specified in the notice 3 Condition A is that the Commissioner considers that— 30 a the person has intercepted in the United Kingdom any communication in the course of its transmission by means of a public telecommunication system b the person did not have lawful authority to carry out the interception and 35 c the person was not at the time of the interception making an attempt to act in accordance with an interception warrant which might in the opinion of the Commissioner explain the interception 4 Condition B is that the Commissioner does not consider that the person has committed an offence under section 3 1 40 5 The amount of a monetary penalty determined by the Commissioner under this section must not exceed £50 000 6 Schedule 1 which makes further provision about monetary penalty notices has effect 7 In this section “interception warrant” means— 45 Investigatory Powers Bill Part 1 — General privacy protections 7 a a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 or b a bulk interception warrant under Chapter 1 of Part 6 8 For the meaning of “interception” and other key expressions used in this section see sections 4 to 6 5 8 Civil liability for certain unlawful interceptions 1 An interception of a communication is actionable at the suit or instance of— a the sender of the communication or b the recipient or intended recipient of the communication if conditions A to D are met 10 2 Condition A is that the interception is carried out in the United Kingdom 3 Condition B is that the communication is intercepted— a in the course of its transmission by means of a private telecommunication system or b in the course of its transmission by means of a public 15 telecommunication system to or from apparatus that is part of a private telecommunication system 4 Condition C is that the interception is carried out by or with the express or implied consent of a person who has the right to control the operation or use of the private telecommunication system 20 5 Condition D is that the interception is carried out without lawful authority 6 For the meaning of “interception” and other key expressions used in this section see sections 4 to 6 9 Restriction on requesting interception by overseas authorities 1 This section applies to a request for any authorities of a country or territory 25 outside the United Kingdom to carry out the interception of communications sent by or intended for an individual who the person making the request believes will be in the British Islands at the time of the interception 2 A request to which this section applies may not be made by or on behalf of a person in the United Kingdom unless— 30 a a targeted interception warrant has been issued under Chapter 1 of Part 2 authorisingthe person to whom it is addressedto secure the interception of communicationssent by or intended for that individual or b a targeted examination warrant has been issued under that Chapter 35 authorising the person to whom it is addressed to carry out the selection of the content of such communications for examination 10 Restriction on requesting assistance under mutual assistance agreements etc 1 This section applies to— a a request for assistance under an EU mutual assistance instrument 40and b a request for assistance in accordance with an international mutual assistance agreement 8 Investigatory Powers Bill Part 1 — General privacy protections 2 A request to which this section applies may not be made by or on behalf of a person in the United Kingdom to the competent authorities of a country or territory outside the United Kingdom unless a mutual assistance warrant has been issued under Chapter 1 of Part 2 authorising the making of the request 3 In this section— 5 “EU mutual assistance instrument” means an EU instrument which— a relates to the provision of mutual assistance in connection with or in the form of the interception of communications b requires the issue of a warrant order or equivalent instrument in cases in which assistance is given and 10 c is designatedas an EU mutual assistanceinstrument by regulations made by the Secretary of State “internationalmutual assistanceagreement”means an international agreement which— a relates to the provision of mutual assistance in connection with 15 or in the form of the interception of communications b requires the issue of a warrant order or equivalent instrument in cases in which assistance is given and c is designated as an international mutual assistance agreement by regulations made by the Secretary of State 20 Prohibition against unlawful obtaining of communications data 11 Offence of unlawfully obtaining communications data 1 A relevant person who without lawful authority knowingly or recklessly obtains communications data from a telecommunications operator or a postal operator is guilty of an offence 25 2 In this section “relevant person” means a person who holds an office rank or position with a relevant public authority within the meaning of Part 3 3 Subsection 1 does not apply to a relevant person who shows that the person acted in the reasonable belief that the person had lawful authority to obtain the communications data 30 4 A person guilty of an offence under this section is liable— a on summary conviction in England and Wales— i to imprisonment for a term not exceeding 12 months or 6 months if the offence was committed before the commencement of section 154 1 of the Criminal Justice 35Act 2003 or ii to a fine or to both b on summary conviction in Scotland— i to imprisonment for a term not exceeding 12 months or 40 ii to a fine not exceeding the statutory maximum or to both c on summary conviction in Northern Ireland— i to imprisonment for a term not exceeding 6 months or ii to a fine not exceeding the statutory maximum 45 Investigatory Powers Bill Part 1 — General privacy protections 9 or to both d on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both Abolition of powers to obtain communications data 12 Abolition or restriction of certain powers to obtain communications 5 data 1 Schedule 2 which repeals certain information powers so far as they enable public authorities to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator has effect 2 Any general information power which— 10 a would apart from this subsection enable a public authority to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator and b does not involve a court order or other judicial authorisation or warrant and is not a regulatory power or a relevant postal power 15 is to be read as not enabling the public authority to secure such a disclosure 3 A regulatory power or relevant postal power which enables a public authority to secure the disclosure by a telecommunications operator or postal operator of communicationsdata without the consentof the operator may only be exercised by the public authority for that purpose if it is not possible for the 20 authority to use a power under this Act to secure the disclosure of the data 4 The Secretaryof State may by regulations modify any enactmentin consequence of subsection 2 5 In this section “general information power” means— a in relation to disclosure by a telecommunications operator any power 25 to obtain information or documents however expressed which— i is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000 and ii does not deal whether alone or with other matters specifically with telecommunicationsoperators or any class of 30 telecommunications operators and b in relation to disclosure by a postal operator any power to obtain information or documents however expressed which— i is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000 and 35 ii does not deal whether alone or with other matters specifically with postal operators or any class of postal operators 6 In this section— “power” includes part of a power “regulatory power” means any power to obtain information or 40 documents however expressed which— a is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000 and b is exercisable in connection with the regulation of— i telecommunicationsoperators telecommunications 45 services or telecommunication systems or 10 Investigatory Powers Bill Part 1 — General privacy protections ii postal operators or postal services “relevant postal power” means any power to obtain information or documents however expressed which— a is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000 and 5 b is exercisable in connection with the conveyance or expected conveyanceof any postal item into or out of the United Kingdom and references to powers include duties and references to enabling and exercising are to be read as including references to requiring and performing 10 Restrictions on interference with equipment 13 Mandatory use of equipment interference warrants 1 An intelligence service may not for the purpose of obtaining communications private information or equipment data engage in conduct which could be authorised by an equipment interference warrant except under the authority 15 of such a warrant if— a the intelligence service considers that the conduct would unless done under lawful authority constitute one or more offences under sections 1 to 3A of the Computer Misuse Act 1990 computer misuse offences and 20 b there is a British Islands connection 2 For the purpose of this section there is a British Islands connection if— a any of the conduct would take place in the British Islands regardless of the location of the equipment which would or may be interfered with b the intelligence service believes that any of the equipment which 25 would or may be interfered with would or may be in the British Islands at some time while the interference is taking place or c a purpose of the interference is to obtain— i communications sent by or to a person who is or whom the intelligence service believes to be for the time being in 30 the British Islands ii private information relating to an individual who is or whom the intelligence service believes to be for the time being in the British Islands or iii equipment data which forms part of or is connected with 35 communicationsor private information falling within subparagraph i or ii 3 This section does not restrict the ability of the head of an intelligence service to apply for an equipment interference warrant in cases where— a the intelligence service does not consider that the conduct for which 40 it is seeking authorisation would unless done under lawful authority constitute one or more offences under sections 1 to 3A of the Computer Misuse Act 1990 or b there is no British Islands connection 4 In this section— 45 “communications” “private information” and “equipment data” have the same meaning as in Part 5 see section 127 11 Investigatory Powers Bill Part 1 — General privacy protections “equipment interference warrant” means— a a targeted equipment interference warrant under Part 5 b a bulk equipment interference warrant under Chapter 3 of Part 6 14 Restriction on use of section 93 of the Police Act 1997 5 1 A person may not for the purpose of obtaining communications private information or equipment data make an application under section 93 of the Police Act 1997 for authorisation to engage in conduct which could be authorised by a targeted equipment interference warrant under Part 5 if the applicant considers that the conduct would unless done under lawful 10 authority constitute one or more offences under sections 1 to 3A of the Computer Misuse Act 1990 computer misuse offences 2 In this section “communications” “private information” and “equipment data” have the same meaning as in Part 5 see section 127 PART 2 15 L AWFUL INTERCEPTION OF COMMUNICATIONS CHAPTER 1 I NTERCEPTION AND EXAMINATION WITH A WARRANT Warrants under this Chapter 15 Warrants that may be issued under this Chapter 1 There a b c 20 are three kinds of warrant that may be issued under this Chapter— targeted interception warrants see subsection 2 targeted examination warrants see subsection 3 and mutual assistance warrants see subsection 4 2 A targeted interception warrant is a warrant which authorises or requires 25 the person to whom it is addressed to secure by any conduct described in the warrant any one or more of the following— a the interception in the course of their transmission by means of a postal service or telecommunication system of communications described in the warrant 30 b the obtaining of secondary data from communications transmitted by means of a postal service or telecommunication system and described in the warrant see section 16 c the disclosure in any manner described in the warrant of anything obtained under the warrant to the person to whom the warrant 35 is addressed or to any person acting on that person’s behalf 3 A targeted examination warrant is a warrant which authorises the person to whom it is addressed to carry out the selection of relevant content for examination in breach of the prohibition in section 143 4 prohibition on seeking to identify communications of individuals in the British Islands 40 12 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant In this Part “relevant content” in relation to a targeted examination warrant means any content of communicationsinterceptedby an interception authorised or required by a bulk interception warrant under Chapter 1 of Part 6 4 A mutual assistance warrant is a warrant which authorises or requires 5 the person to whom it is addressed to secure by any conduct described in the warrant any one or more of the following— a the making of a request in accordance with an EU mutual assistance instrument or an international mutual assistance agreement for the provision of any assistance of a kind described in the warrant 10in connection with or in the form of an interception of communications b the provision to the competent authorities of a country or territory outside the United Kingdom in accordance with such an instrument or agreement of any assistance of a kind described in the warrant in connection with or in the form of an interception of communications 15 c the disclosure in any manner described in the warrant of anything obtained under the warrant to the person to whom the warrant is addressed or to any person acting on that person’s behalf 5 A targeted interception warrant or mutual assistance warrant also authorises the following conduct in addition to the conduct described in the warrant — 20 a any conduct which it is necessary to undertake in order to do what is expressly authorised or required by the warrant including— i the interceptionof communicationsnot described in the warrant and ii conduct for obtaining secondary data from such 25 communications b any conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance in giving effect to the warrant 30 c any conduct for obtaining related systemsdata from any postal operator or telecommunications operator 6 For the purposes of subsection 5 c — “related systems data” in relation to a warrant means systems data relating to a relevant communication or to the sender or recipient 35 or intended recipient of a relevant communication whether or not a person and “relevant communication” in relation to a warrant means— a any communication intercepted in accordance with the warrant in the course of its transmission by means of a postal service 40or telecommunication system or b any communication from which secondary data is obtained under the warrant 7 For provision enabling the combination of targeted interception warrants with certain other warrants or authorisations including targetedexamination 45 warrants see Schedule 8 16 Obtaining secondary data 1 This section has effect for the purposes of this Part Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 13 2 In relation to a communication transmitted by means of a postal service references to obtaining secondary data from the communication are references to obtaining such data in the course of the transmission of the communication as to which see section 4 7 3 In relation to a communication transmitted by means of a telecommunication 5 system references to obtaining secondary data from the communication are references to obtaining such data— a while the communication is being transmitted or b at any time when the communication is stored in or by the system whether before or after its transmission 10 4 “Secondary data”— a in relation to a communication transmitted by means of a postal service means any data falling within subsection 5 b in relation to a communication transmitted by means of a telecommunication system means any data falling within subsection 15 5 or 6 5 The data falling within this subsection is systems data which is comprised in included as part of attached to or logically associated with the communication whether by the sender or otherwise 6 The data falling within this subsection is identifying data which— 20 a is comprised in included as part of attached to or logically associated with the communication whether by the sender or otherwise b is capable of being logically separated from the remainder of the communication and c if it were so separated would not reveal anything of what might 25 reasonably be considered to be the meaning if any of the communication disregarding any meaning arising from the fact of the communication or from any data relating to the transmission of the communication 7 For the meaning of “systems data” and “identifying data” see section 239 30 17 Subject-matter of warrants 1 A warrant under this Chapter may relate to— a a particular person or organisation or b a single set of premises 2 In addition a targeted interception warrant or targeted examination warrant 35 may relate to— a a group of persons who share a common purpose or who carry on or may carry on a particular activity b more than one person or organisation or more than one set of premises where the conduct authorised or required by the warrant is for 40 the purposes of a single investigation or operation c testing or training activities 3 In subsection 2 c “testing or training activities” means— a in relation to a targeted interception warrant— i the testing maintenance or development of apparatus systems 45 or other capabilities relating to the interception of 14 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant communications in the course of their transmission by means of a telecommunication system or to the obtaining of secondary data from communications transmitted by means of such a system or ii the training of persons who carry out or are likely to carry out 5 such interception or the obtaining of such data b in relation to a targeted examination warrant— i the testing maintenance or development of apparatus systems or other capabilities relating to the selection of relevant content for examination or 10 ii the training of persons who carry out or are likely to carry out the selection of relevant content for examination Power to issue warrants 18 Persons who may apply for issue of a warrant 1 Each of the following is an “intercepting authority” for the purposes of this 15 Part— a a person who is the head of an intelligence service b the Director General of the National Crime Agency c the Commissioner of Police of the Metropolis d the Chief Constable of the Police Service of Northern Ireland 20 e the chief constable of the Police Service of Scotland f the Commissioners for Her Majesty’s Revenue and Customs g the Chief of Defence Intelligence h a person who is the competent authority of a country or territory outside the United Kingdom for the purposes of an EU mutual 25 assistance instrument or an international mutual assistance agreement 2 For the meaning of “head of an intelligence service” see section 239 3 An application for the issue of a warrant under this Chapter may only be made on behalf of an intercepting authority by a person holding office under the Crown 30 19 Power of Secretary of State to issue warrants 1 The Secretary of State may on an application made by or on behalf of an intercepting authority mentioned in section 18 1 a to g issue a targeted interception warrant if— a the Secretary of State considers that the warrant is necessary 35on grounds falling within section 20 b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct c the Secretary of State considers that satisfactory arrangements made 40 for the purposes of sections 51 and 52 safeguards relating to disclosure etc are in force in relation to the warrant and d except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 15 This is subject to subsection 4 2 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a targeted examination warrant if— a the Secretary of State considers that the warrant is necessary on grounds falling within section 20 5 b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct c the Secretary of State considers that the warrant is or may be necessary to authorise the selection of relevant content for examination in breach 10 of the prohibition in section 143 4 prohibition on seeking to identify communications of individuals in the British Islands and d except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 15 This is subject to subsection 4 3 The Secretary of State may on an application made by or on behalf of an intercepting authority issue a mutual assistance warrant if— a the Secretary of State considers that the warrant is necessary on grounds falling within section 20 20 b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct c the Secretary of State considers that satisfactory arrangements made for the purposes of sections 51 and 52 safeguards relating to disclosure 25 etc are in force in relation to the warrant and d except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner This is subject to subsection 4 30 4 The Secretary of State may not issue a warrant under this section if— a the application is a relevant Scottish application see section 22 and b in the case of an application for a targeted interception warrant or a targeted examination warrant the Secretary of State considers that the warrant is necessary only for the purpose of preventing or detecting 35 serious crime For the power of the Scottish Ministers to issue warrants under this Chapter see section 21 5 But subsection 4 does not prevent the Secretary of State from doing anything under this section for the purposes specified in section 2 2 of the European 40 Communities Act 1972 20 Grounds on which warrants may be issued by Secretary of State 1 This section has effect for the purposes of this Part 2 A targeted interception warrant or targeted examination warrant is necessary on grounds falling within this section if it is necessary— 45 a in the interests of national security b for the purpose of preventing or detecting serious crime or 16 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant c in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security but see subsection 4 3 A mutual assistance warrant is necessary on grounds falling within this section if— 5 a it is necessary for the purpose of giving effect to the provisions of an EU mutual assistance instrument or an international mutual assistance agreement and b the circumstances appear to the Secretary of State to be equivalent to those in which the Secretary of State would issue a warrant by virtue 10 of subsection 2 b 4 A warrant may be considered necessary as mentioned in subsection 2 c only if the information which it is considered necessary to obtain is information relating to the acts or intentions of persons outside the British Islands 5 A warrant may not be considered necessary on grounds falling within 15 this section if it is considered necessary only for the purpose of gathering evidence for use in any legal proceedings 6 The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary on grounds falling within this section 20 21 Power of Scottish Ministers to issue warrants 1 The Scottish Ministers may on an application made by or on behalf of an intercepting authority mentioned in section 18 1 a to g issue a targeted interception warrant if— a the application is a relevant Scottish application see section 22 25 b the Scottish Ministers consider that the warrant is necessaryon grounds falling within subsection 4 c the Scottish Ministers consider that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct 30 d the Scottish Ministers consider that satisfactory arrangements made for the purposes of sections 51 and 52 safeguards relating to disclosure etc are in force in relation to the warrant and e except where the Scottish Ministers consider that there is an urgent need to issue the warrant the decision to issue the warrant has been 35 approved by a Judicial Commissioner 2 The Scottish Ministers may on an application made by or on behalf of the head of an intelligence service issue a targeted examination warrant if— a the application is a relevant Scottish application b the Scottish Ministers consider that the warrant is necessaryon 40 grounds falling within subsection 4 c the Scottish Ministers consider that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct d the Scottish Ministers consider that the warrant is or may be necessary 45 to authorise the selection of relevant content for examination in breach of the prohibition in section 143 4 prohibition on seeking to identify communications of individuals in the British Islands and Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 17 e except where the Scottish Ministers consider that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 3 The Scottish Ministers may on an application made by or on behalf of an intercepting authority issue a mutual assistance warrant if— 5 a the application is a relevant Scottish application b the Scottish Ministers consider that the warrant is necessaryon grounds falling within subsection 4 c the Scottish Ministers consider that the conduct authorised by the warrant is proportionate to what is sought to be achieved by10 that conduct d the Scottish Ministers consider that satisfactory arrangements made for the purposes of sections 51 and 52 safeguards relating to disclosure etc are in force in relation to the warrant and e except where the Scottish Ministers consider that there is an 15 urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 4 A warrant is necessary on grounds falling within this subsection if— a in the case of a targeted interception warrant or targeted examination warrant it is necessary for the purposes of preventing or detecting 20 serious crime and b in the case of a mutual assistance warrant— i it is necessary for the purpose of giving effect to the provisions of an EU mutual assistance instrument or an international mutual assistance agreement and 25 ii the circumstancesappear to the Scottish Ministers to be equivalent to those in which the Scottish Ministers would issue a warrant by virtue of paragraph a 5 A warrant may not be considerednecessaryon grounds falling within subsection 4 if it is considered necessary only for the purpose of gathering 30 evidence for use in any legal proceedings 6 The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary on grounds falling within subsection 4 35 22 “Relevant Scottish applications” 1 An application for the issue of a warrant under this Chapter is a “relevant Scottish application” for the purposes of this Chapter if any of conditions A to C is met In this section “the applicant” means the person by whom or on whose behalf 40 the application is made 2 Condition A is that— a the application is for the issue of a targeted interception warrant or a targeted examination warrant and b the warrant if issued would relate to— 45 18 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant i a person who is in Scotland or is reasonably believed by the applicant to be in Scotland at the time of the issue of the warrant or ii premises which are in Scotland or are reasonably believed by the applicant to be in Scotland at that time 5 3 Condition B is that— a the application is for the issue of a mutual assistance warrant which if issued would authorise or require— i the making of a request falling within section 15 4 a or ii the making of such a request and disclosure falling within 10 section 15 4 c and b the application— i is made by or on behalf of the chief constable of the Police Service of Scotland or ii is made by or on behalf of the Commissionersfor Her 15 Majesty’s Revenue and Customs or the Director General of the National Crime Agency for the purpose of preventing or detecting serious crime in Scotland 4 Condition C is that— a the application is for the issue of a mutual assistance warrant which 20 if issued would authorise or require— i the provision of assistance falling within section 15 4 b or ii the provision of such assistance and disclosure falling within section 15 4 c and b the warrant if issued would relate to— 25 i a person who is in Scotland or is reasonably believed by the applicant to be in Scotland at the time of the issue of the warrant or ii premises which are in Scotland or are reasonably believed by the applicant to be in Scotland at that time 30 Approval of warrants by Judicial Commissioners 23 Approval of warrants by Judicial Commissioners 1 In deciding whether to approve a person’s decision to issue a warrant under this Chapter a Judicial Commissioner must review the person’s conclusions as to the following matters— 35 a whether the warrant is necessary on relevant grounds see subsection 3 and b whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct 2 In doing so the Judicial Commissioner must— 40 a apply the same principles as would be applied by a court on an application for judicial review and b consider the matters referred to in subsection 1 with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 general duties in relation 45 to privacy Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 19 3 In subsection 1 a “relevant grounds” means— a in the case of a decision of the Secretary of State to issue a warrant grounds falling within section 20 b in the case of a decision of the Scottish Ministers to issue a warrant grounds falling within section 21 4 5 4 Where a Judicial Commissioner refuses to approve a person’s decision to issue a warrant under this Chapter the Judicial Commissioner must give the person written reasons for the refusal 5 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a person’s decision to issue a warrant 10 under this Chapter the person may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 24 Approval of warrants issued in urgent cases 1 This section applies where— a a warrant under this Chapter is issued without the approval of 15 a Judicial Commissioner and b the person who decided to issue the warrant considered that there was an urgent need to issue it 2 The person who decided to issue the warrant must inform a Judicial Commissioner that it has been issued 20 3 The Judicial Commissioner must before the end of the relevant period— a decide whether to approve the decision to issue the warrant and b notify the person of the Judicial Commissioner’s decision “The relevant period” means the period ending with the third working day after the day on which the warrant was issued 25 4 If a Judicial Commissioner refuses to approve the decision to issue a warrant the warrant— a ceases to have effect unless already cancelled and b may not be renewed 5 Section 25 contains further provision about what happens if a Judicial Commissioner refuses to approve the decision to issue a warrant 25 30 Failure to approve warrant issued in urgent case 1 This section applies where under section 24 3 a Judicial Commissioner refuses to approve the decision to issue a warrant 2 The person to whom the warrant was addressed must so far as is reasonably 35 practicable secure that anything in the process of being done under the warrant stops as soon as possible 3 The Judicial Commissioner may— a direct that any of the material obtained under the warrant is destroyed b impose conditions as to the use or retention of any of that material 40 c in the case of a targeted examination warrant impose conditions as to the use of any relevant content selected for examination under the warrant 20 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 4 The Judicial Commissioner— a may require an affected party to make representations about how the Judicial Commissioner should exercise any function under subsection 3 and b must have regard to any such representations made by an affected 5 party whether or not as a result of a requirement imposed under paragraph a 5 Each of the following is an “affected party” for the purposes of subsection 4 — a the person who decided to issue the warrant b the person to whom the warrant was addressed 10 6 The person who decided to issue the warrant may ask the Investigatory Powers Commissioner to review a decision made by any other Judicial Commissioner under subsection 3 7 On a review under subsection 6 the Investigatory Powers Commissioner may— 15 a confirm the Judicial Commissioner’s decision or b make a fresh determination 8 Nothing in this section or section 24 affects the lawfulness of— a anything done under the warrant before it ceases to have effect b if anything is in the process of being done under the warrant when20 it ceases to have effect— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop Additional safeguards 26 Members of Parliament etc 25 1 This section applies where— a an application is made to the Secretary of State for the issue of a targeted interception warrant or a targeted examination warrant and b the purpose of the warrant is— i in the case of a targeted interception warrant to authorise or 30 require the interception of communications sent by or intended for a person who is a member of a relevant legislature or ii in the case of a targeted examination warrant to authorise the selection for examination of the content of such communications 35 2 The Secretary of State may not issue the warrant without the approval of the Prime Minister 3 In this section “member of a relevant legislature” means— a a member of either House of Parliament b a member of the Scottish Parliament 40 c a member of the National Assembly for Wales d a member of the Northern Ireland Assembly e a member of the European Parliament elected for the United Kingdom Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 27 21 Items subject to legal privilege 1 Subsections 2 and 3 apply if— a an application is made by or on behalf of an intercepting authority for a warrant under this Chapter and b the purpose or one of the purposes of the warrant is— 5 i in the case of a targetedinterceptionwarrant or mutual assistance warrant to authorise or require the interception of items subject to legal privilege or ii in the case of a targeted examination warrant to authorise the selection of such items for examination 10 2 The application must contain a statement that the purpose or one of the purposes of the warrant is to authorise or require the interception or in the case of a targeted examination warrant the selection for examination of items subject to legal privilege 3 The person to whom the application is made may issue the warrant only 15 if the person considers— a that there are exceptional and compelling circumstances that make it necessary to authorise the interception or in the case of a targeted examination warrant the selection for examination of items subject to legal privilege and 20 b that the arrangements made for the purposes of section 51 or as the case may be section 141 safeguardsrelating to retention and disclosure of material include specific arrangements for the handling retention use and destruction of such items 4 Subsections 5 and 6 apply if— 25 a an application is made by or on behalf of an intercepting authority for a warrant under this Chapter b the intercepting authority considers that the relevant communications are likely to include items subject to legal privilege and c subsections 2 and 3 do not apply 30 5 The application must contain— a a statement that the intercepting authority considers that the relevant communications are likely to include items subject to legal privilege and b an assessment of how likely it is that the relevant communications35 will include such items 6 The person to whom the application is made may issue the warrant only if the person considers that the arrangements made for the purposes of section 51 or as the case may be section 141 include specific arrangements for the handling retention use and destruction of items subject to legal privilege 40 7 In this section “relevant communications” means— a in relation to a targeted interception warrant or mutual assistance warrant any communications the interception of which is authorised or required by the warrant b in relation to a targeted examination warrant any communications45 the content of which the warrant authorises to be selected for examination 22 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant Further provision about warrants 28 Decisions to issue warrants to be taken personally by Ministers 1 The decision to issue a warrant under this Chapter must be taken personally by— a the Secretary of State or 5 b in the case of a warrant to be issued by the Scottish Ministers a member of the Scottish Government 2 Before a warrant under this Chapter is issued it must be signed by the person who has taken the decision to issue it 3 Subsections 1 and 2 are subject to— 10 a subsection 4 and b section 38 special rules for certain mutual assistance warrants 4 If it is not reasonably practicable for a warrant to be signed by the person who has taken the decision to issue it the warrant may be signed by a senior official designated by the Secretary of State or as the case may be the 15 Scottish Ministers for that purpose 5 In such a case the warrant must contain a statement that— a it is not reasonably practicable for the warrant to be signed by the person who took the decision to issue it and b the Secretary of State or as the case may be a member of the Scottish 20 Government has personally and expressly authorised the issue of the warrant 6 In this section “senior official” means— a in the case of a warrant to be issued by the Secretary of State a member of the Senior Civil Service or a member of the Senior Management 25 Structure of Her Majesty’s Diplomatic Service b in the case of a warrant to be issued by the Scottish Ministers a member of the staff of the Scottish Administration who is a member of the Senior Civil Service 29 Requirements that must be met by warrants 30 1 A warrant under this Chapter must contain a provision stating whether it is a targeted interception warrant a targeted examination warrant or a mutual assistance warrant 2 A warrant issued under this Chapter must be addressed to the person by whom or on whose behalf the application for the warrant was made 35 3 A warrant that relates to a particular person or organisation or to a single set of premises must name or describe that person or organisation or those premises 4 A warrant that relates to a group of persons who share a common purpose or who carry on or may carry on a particular activity must— 40 a describe that purpose or activity and b name or describeas many of those persons as it is reasonably practicable to name or describe Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 23 5 A warrant that relates to more than one person or organisation or more than one set of premises where the conduct authorised or required by the warrant is for the purposes of a single investigation or operation must— a describe the investigation or operation and b name or describe as many of those persons or organisations or as many 5 of those sets of premises as it is reasonably practicable to name or describe 6 A warrant that relates to any testing or training activities must— a describe those activities and b name or describe as many of the persons within subsection 7 as 10 it is reasonably practicable to name or describe “Testing or training activities” has the meaning given by section 17 3 7 A person is within this subsection if— a in the case of a targeted interception warrant communications from or intended for the person will or may be intercepted by an interception 15 authorised or required by the warrant or b in the case of a targeted examinationwarrant the content of communications from or intended for the person may be selected for examination under the warrant 8 Where— 20 a a targeted interception warrant or mutual assistancewarrant authorises or requires the interception of communications described in the warrant or b a targeted examination warrant authorises the selection of the content of communications for examination 25 the warrant must specify the addresses numbers apparatus or other factors or combination of factors that are to be used for identifying the communications 9 Any factor or combination of factors specified in accordance with subsection 8 must be one that identifies communications which are likely to 30 be or to include— a communications from or intended for any person named or described in the warrant or b communications originating on or intended for transmission to any premises named or described in the warrant 35 30 Duration of warrants 1 A warrant under this Chapter ceases to have effect at the end of the relevant period see subsection 2 unless— a it is renewed before the end of that period see section 31 or b it is cancelled or otherwise ceases to have effect before the end of40 that period see sections 24 and 37 2 In this section “the relevant period”— a in the case of an urgent warrant which has not been renewed means the period ending with the fifth working day after the day on which the warrant was issued 45 b in any other case means the period of 6 months beginning with— i the day on which the warrant was issued or 24 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant ii in the case of a warrant that has been renewed the day after the day at the end of which the warrant would have ceased to have effect if it had not been renewed 3 For the purposes of subsection 2 a a warrant is an “urgent warrant” if— a the warrant was issued without the approval of a Judicial 5 Commissioner and b the person who decided to issue the warrant considered that there was an urgent need to issue it 31 Renewal of warrants 1 If the renewal conditions are met a warrant issued under this Chapter may 10 be renewed at any time during the renewal period by an instrument issued by the appropriate person see subsection 3 2 The renewal conditions are— a that the appropriate person considers that the warrant continues to be necessary on any relevant grounds see subsection 4 15 b that the appropriate person considers that the conduct that would be authorised by the renewed warrant continues to be proportionate to what is sought to be achieved by that conduct c that in the case of a targeted examination warrant the appropriate person considers that the warrant continues to be necessaryto 20 authorise the selection of relevant content for examination in breach of the prohibition in section 143 4 and d that the decision to renew the warrant has been approved by a Judicial Commissioner 3 The appropriate person is— 25 a in the case of a warrant issued by the Secretary of State the Secretary of State b in the case of a warrant issued by the Scottish Ministers a member of the Scottish Government 4 “Relevant grounds” means— 30 a in the case of a warrant issued by the Secretary of State grounds falling within section 20 b in the case of a warrant issued by the Scottish Ministers grounds falling within section 21 4 5 “The renewal period” means— 35 a in the case of an urgent warrant which has not been renewed the relevant period b in any other case the period of 30 days ending with the day at the end of which the warrant would otherwise cease to have effect 6 The decision to renew a warrant must be taken personally by the appropriate 40 person and the instrument renewing the warrant must be signed by that person 7 Section 23 approval of warrants by Judicial Commissioners applies in relation to a decision to renew a warrant as it applies in relation to a decision to issue a warrant and accordingly any reference in that section to the person 45 who Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 25 decided to issue the warrant is to be read as a reference to the person who decided to renew it 8 Sections 26 Members of Parliament etc and 27 items subject to legal privilege apply in relation to a decision to renew a warrant as they apply in relation to a decision to issue a warrant 5 9 In this section— “the relevant period” has the same meaning as in section 30 “urgent warrant” is to be read in accordance with subsection 3 of that section 10 This section is subject to section 38 special rules for certain mutual assistance 10 warrants 32 Modification of warrants 1 The provisions of a warrant issued under this Chapter may be modified at any time by an instrument issued by the person making the modification 2 The only modifications that may be made under this section are— 15 a adding varying or removing the name or description of a person organisation or set of premises to which the warrant relates and b adding varying or removing any factor specified in the warrant in accordance with section 29 8 3 But a warrant may not be modified as mentioned in subsection 2 a if it20 relates only to a particular person or organisation or to a single set of premises as mentioned in section 17 1 4 The decision to modify the provisions of a warrant must be taken personally by the person making the modification and the instrument making the modification must be signed by that person 25 This is subject to section 34 8 5 In this Chapter— a a modification adding or varying a name or description as mentioned in paragraph a of subsection 2 is referred to as a “major modification” and 30 b any other modification within that subsection is referred to as a “minor modification” 6 Nothing in this section applies in relation to modifying the provisions of a warrant in a way which does not affect the conduct authorised or required by it 35 7 Sections 33 to 36 contain further provision about making modifications under this section 33 Persons who may make modifications 1 A major modification may be made by— a the Secretary of State in the case of a warrant issued by the Secretary 40 of State b a member of the Scottish Government in the case of a warrant issued by the Scottish Ministers or 26 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant c a senior official acting on behalf of the Secretary of State or as the case may be the Scottish Ministers 2 A minor modification may be made by— a the Secretary of State in the case of a warrant issued by the Secretary of State 5 b a member of the Scottish Government in the case of a warrant issued by the Scottish Ministers c a senior official acting on behalf of the Secretary of State or as the case may be the Scottish Ministers d the person to whom the warrant is addressed or 10 e a person who holds a senior position in the same public authority as the person mentioned in paragraph d 3 But if a person within subsection 2 d or e considers that there is an urgent need to make a major modification that person as well as a person within subsection 1 may do so 15 Section 36 contains provision about the approval of major modifications made in urgent cases 4 Subsections 1 and 3 are subject to section 34 5 and 6 special rules where section 26 or 27 applies in relation to the making of a major modification 5 For the purposes of subsection 2 e a person holds a senior position in a20 public authority if— a in the case of any of the intelligence services— i the person is a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service or 25 ii the person holds a position in the intelligenceservice of equivalent seniority to such a person b in the case of the National Crime Agency the person is a National Crime Agency officer of grade 2 or above c in the case of the metropolitan police force the Police Service 30 of Northern Ireland or the Police Service of Scotland a person is of or above the rank of superintendent d in the case of Her Majesty’s Revenue and Customs the person is a member of the Senior Civil Service e in the case of the Ministry of Defence— 35 i the person is a member of the Senior Civil Service or ii the person is of or above the rank of brigadier commodore or air commodore 6 In this section “senior official” means— a in the case of a warrant issued by the Secretary of State a member 40of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service b in the case of a warrant issued by the Scottish Ministers a member of the staff of the Scottish Administration who is a member of the Senior Civil Service 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 34 27 Further provision about modifications 1 A person may make a modification within subsection 2 only if the person considers— a that the modificationis necessaryon any relevant grounds see subsection 3 and 5 b that the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct 2 The modifications within this subsection are— a a major modification adding the name or description of a person organisation or set of premises to which the warrant relates and 10 b a minor modification adding any factor specified in the warrant in accordance with section 29 8 3 In subsection 1 a “relevant grounds” means— a in the case of a warrant issued by the Secretary of State grounds falling within section 20 15 b in the case of a warrant issued by the Scottish Ministers grounds falling within section 21 4 and for the purposes of subsection 1 any reference to the Secretary of State in section 20 3 b or the Scottish Ministers in section 21 4 b is to be read as a reference to the person making the modification 20 4 Sections 26 Members of Parliament etc and 27 items subject to legal privilege apply in relation to the making of a major modification within subsection 2 a above as they apply in relation to the issuing of a warrant 5 Where section 26 applies in relation to the making of a major modification— a the modification must be made by the Secretary of State and 25 b the modification has effect only if the decision to make the modification has been approved by a Judicial Commissioner 6 Where section 27 applies in relation to the making of a major modification— a the modification must be made by— i the Secretary of State or in the case of a warrant issued by 30 the Scottish Ministers a member of the Scottish Government or ii if a senior official acting on behalf of a person within subparagraph i considers that there is an urgent need to make the modification that senior official and b except where the person making the modification considers that there 35 is an urgent need to make it the modification has effect only if the decision to make the modification has been approved by a Judicial Commissioner 7 In a case where section 26 or 27 applies in relation to the making of a major modification section 23 approval of warrants by Judicial Commissioners 40 applies in relation to the decision to make the modification as it applies in relation to a decision to issue a warrant but as if— a the references in subsection 1 a and b of that section to the warrant were references to the modification b any reference to the person who decided to issue the warrant were45 a reference to the person who decided to make the modification and c “relevant grounds” in that section had the meaning given by subsection 3 above 28 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant Section 36 contains provision about the approval of major modifications made in urgent cases 8 If in a case where section 26 or 27 applies in relation to the making of a major modification it is not reasonably practicable for the instrument making the modification to be signed by the Secretary of State or as the case may be 5a member of the Scottish Government in accordance with section 32 4 the instrument may be signed by a senior official designated by the Secretary of State or as the case may be the Scottish Ministers for that purpose 9 In such a case the instrument making the modification must contain a statement that— 10 a it is not reasonably practicable for the instrument to be signed by the person who took the decision to make the modification and b the Secretary of State or as the case may be a member of the Scottish Government has personally and expressly authorised the making of the modification 15 10 If at any time a person mentioned in section 33 2 considers that any factor specified in a warrant in accordance with section 29 8 is no longer relevant for identifying communications which in the case of that warrant are likely to be or to include communications falling within section 29 9 a or b the person must modify the warrant by removing that factor 20 11 In this section “senior official” has the same meaning as in section 33 35 Notification of major modifications 1 As soon as is reasonably practicable after a person makes a major modification of a warrant under this Chapter a Judicial Commissioner must be notified of the modification and the reasons for making it 25 2 But subsection 1 does not apply where— a the modification is made by virtue of section 33 3 or b section 26 or 27 applies in relation to the making of the modification 3 Where a major modification is made by a senior official in accordance with section 33 1 or section 34 6 a ii the Secretary of State or in the case30 of a warrant issued by the Scottish Ministers a member of the Scottish Government must be notified personally of the modification and the reasons for making it 4 In this section “senior official” has the same meaning as in section 33 36 Approval of major modifications made in urgent cases 1 This section applies where a person makes a major modification of a warrant 35 under this Chapter by virtue of section 33 3 2 This section also applies where— a section 27 applies in relation to the making of a major modification of a warrant under this Chapter b the person making the modification does so without the approval of 40a Judicial Commissioner and c the person considered that there was an urgent need to make the modification Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 29 3 The person who made the modification must inform the appropriate person that it has been made 4 In this section— “the appropriate person” is— a in a case falling within subsection 1 a designated senior 5 official and b in a case falling within subsection 2 a Judicial Commissioner “designatedsenior official” means a senior official who has been designated by the Secretary of State or in the case of warrants issued by the Scottish Ministers the Scottish Ministers for the purposes of10 this section and “senior official” has the same meaning as in section 33 5 The appropriate person must before the end of the relevant period— a decide whether to approve the decision to make the modification and b notify the person of the appropriate person’s decision 15 “The relevant period” means the period ending with the fifth working day after the day on which the modification was made 6 As soon as is reasonably practicable after a designated senior official makes a decision under subsection 5 — a a Judicial Commissioner must be notified of— 20 i the decision and ii if the senior official has decided to approve the decision to make the modification the modification in question and b the Secretary of State or in the case of a warrant issued by the Scottish Ministers a member of the Scottish Government must be notified 25 personally of the matters mentioned in paragraph a i and ii 7 If the appropriateperson refuses to approve the decision to make the modification— a the warrant unless it no longer has effect has effect as if the modification had not been made and 30 b the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant by virtue of that modification stops as soon as possible 8 Nothing in this section affects the lawfulness of— 35 a anything done under the warrant by virtue of the modification before the modification ceases to have effect b if anything is in the process of being done under the warrant by virtue of the modification when the modification ceases to have effect— i anything done before that thing could be stopped or 40 ii anything done which it is not reasonably practicable to stop 37 Cancellation of warrants 1 Any of the appropriate persons may cancel a warrant issued under this Chapter at any time 2 If any of the appropriate persons considers that— 45 30 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant a a warrant issued under this Chapter is no longer necessary on any relevant grounds or b the conduct authorised by the warrant is no longer proportionate to what is sought to be achieved by that conduct the person must cancel the warrant 5 3 In subsection 2 a “relevant grounds” means— a in the case of a warrant issued by the Secretary of State grounds falling within section 20 b in the case of a warrant issued by the Scottish Ministers grounds falling within section 21 4 10 4 For the purpose of this section “the appropriate persons” are— a in the case of a warrant issued by the Secretary of State the Secretary of State or a senior official acting on behalf of the Secretary of State b in the case of a warrant issued by the Scottish Ministers a member of the Scottish Government or a senior official acting on behalf 15 of the Scottish Ministers 5 Where a warrant is cancelled under this section the person to whom the warrant was addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant stops as soon as possible 20 6 A warrant that has been cancelled under this section may not be renewed 7 In this section “senior official” means— a in the case of a warrant issued by the Secretary of State a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service 25 b in the case of a warrant issued by the Scottish Ministers a member of the staff of the Scottish Administration who is a member of the Senior Civil Service 8 See also section 38 which imposes a duty to cancel mutual assistance warrants in certain circumstances 30 38 Special rules for certain mutual assistance warrants 1 For the purposes of this section a warrant is a “relevant mutual assistance warrant” if— a the warrant is for the purposes of a request for assistance made under an EU mutual assistanceinstrument or an internationalmutual 35 assistance agreement by the competent authorities of a country or territory outside the United Kingdom and b either— i it appears that the interception subject is outside the United Kingdom or 40 ii the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom 2 The decision to issue a relevant mutual assistance warrant may be taken by a senior official designated by the Secretary of State for that purpose 3 In such a case the warrant must contain— 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 31 a a statement that the warrant is issued for the purposes of a request for assistance made under an EU mutual assistance instrument or an international mutual assistance agreement as the case may be by the competent authorities of a country or territory outside the United Kingdom and 5 b whichever of the following statements is applicable— i a statement that the interception subject appears to be outside the United Kingdom ii a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United 10 Kingdom 4 A relevant mutual assistance warrant may be renewed by a senior official designated by the Secretary of State for that purpose and references in section 31 to the appropriate person include in the case of such a warrant references to that senior official 15 5 Where a senior official renews a relevant mutual assistancewarrant in accordance with subsection 4 the instrument renewing the warrant must contain— a a statement that the renewal is for the purposes of a request for assistance made under an EU mutual assistance instrument or 20an international mutual assistance agreement as the case may be by the competent authorities of a country or territory outside the United Kingdom and b whichever of the following statements is applicable— i a statement that the interception subject appears to be outside 25 the United Kingdom ii a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom 6 Subsection 7 applies in a case where— 30 a a relevant mutual assistance warrant— i was issued containing the statement set out insubsection 3 b i or ii has been renewed by an instrument containing the statement set out in subsection 5 b i and 35 b the last renewal if any of the warrant was a renewal by a senior official in accordance with subsection 4 7 If the Secretary of State or a senior official acting on behalf of the Secretary of State believes that the person group or organisation named or described in the warrant as the interception subject is in the United Kingdom that person40 must cancel the warrant under section 37 8 In this section— “the interception subject” in relation to a warrant means the person group of persons or organisationabout whose communications information is sought by the interception to which the warrant relates 45 “senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service 32 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant Implementation of warrants 39 Implementation of warrants 1 This section applies to targeted interception warrants and mutual assistance warrants 2 In giving effect to a warrant to which this section applies the person to whom 5 it is addressed “the intercepting authority” may in addition to acting alone act through or together with such other persons as the intercepting authority may require whether under subsection 3 or otherwise to provide the authority with assistance in giving effect to the warrant 3 For the purpose of requiring any person to provide assistance in relation to 10a warrant to which this section applies the intercepting authority may— a serve a copy of the warrant on any person who the intercepting authority considers may be able to provide such assistance or b make arrangements for the service of a copy of the warrant on any such person 15 4 A copy of a warrant may be served under subsection 3 on a person outside the United Kingdom for the purpose of requiring the person to provide such assistance in the form of conduct outside the United Kingdom 5 For the purposes of this Act the provision of assistance in giving effect to a warrant to which this section applies includes any disclosure to the 20 intercepting authority or to persons acting on behalf of the intercepting authority of anything obtained under the warrant 6 References in this section and sections 40 and 41 to the service of a copy of a warrant include— a the service of a copy of one or more schedules contained in the warrant 25 with the omission of the remainder of the warrant and b the service of a copy of the warrant with the omission of any schedule contained in the warrant 40 Service of warrants 1 This section applies to the service of warrants under section 39 3 30 2 A copy of the warrant must be served in such a way as to bring the contents of the warrant to the attention of the person who the intercepting authority considers may be able to provide assistance in relation to it 3 A copy of a warrant may be served on a person outside the United Kingdom in any of the following ways as well as by electronic or other means of service — 35 a by serving it at the person’s principal office within the United Kingdom or if the person has no such office in the United Kingdom at any place in the United Kingdom where the person carries on business or conducts activities b if the person has specified an address in the United Kingdom as one 40at which the person or someone on the person’s behalf will accept service of documents of the same description as a copy of a warrant by serving it at that address Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 33 c by making it available for inspection whether to the person or to someone acting on the person’s behalf at a place in the United Kingdom but this is subject to subsection 4 4 A copy of a warrant may be served on a person outside the United Kingdom in the way mentioned in subsection 3 c only if— 5 a it is not reasonably practicable for a copy to be served by any other means whether as mentioned in subsection 3 a or b or otherwise and b the intercepting authority takes such steps as the authority considers appropriate for the purpose of bringing the contents of the warrant 10and the availability of a copy for inspection to the attention of the person 5 The steps mentioned in subsection 4 b must be taken as soon as reasonably practicable after the copy of the warrant is made available for inspection 6 In this section “the intercepting authority” has the same meaning as in section 39 15 41 Duty of operators to assist with implementation 1 A relevant operator that has been served with a copy of a warrant to which section 39 applies by or on behalf of the intercepting authority must take all steps for giving effect to the warrant that are notified to the relevant operator by or on behalf of the intercepting authority 20 This is subject to subsection 4 2 In this section— “relevant operator” means a postal operator or a telecommunications operator “the intercepting authority” has the same meaning as in section 39 25 3 Subsection 1 applies whether or not the relevant operator is in the United Kingdom 4 The relevant operator is not required to take any steps which it is not reasonably practicable for the relevant operator to take 5 In determining for the purposes of subsection 4 whether it is reasonably 30 practicable for a relevant operator outside the United Kingdom to take any steps in a country or territory outside the United Kingdom for giving effect to a warrant the matters to be taken into account include the following— a any requirements or restrictions under the law of that country or territory that are relevant to the taking of those steps and 35 b the extent to which it is reasonably practicable to give effect to the warrant in a way that does not breach any of those requirements or restrictions 6 Where obligations have been imposed on a relevant operator “P” under section 229 technical capability notices for the purposes of subsection 40 4 the steps which it is reasonably practicable for P to take include every step which it would have been reasonably practicable for P to take if P had complied with all of those obligations 7 A person who knowingly fails to comply with subsection 1 is guilty of an offence and liable— 45 a on summary conviction in England and Wales— 34 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant i to imprisonment for a term not exceeding 12 months or 6 months if the offence was committed before the commencement of section 154 1 of the Criminal Justice Act 2003 or ii to a fine 5 or to both b on summary conviction in Scotland— i to imprisonment for a term not exceeding 12 months or ii to a fine not exceeding the statutory maximum or to both 10 c on summary conviction in Northern Ireland— i to imprisonment for a term not exceeding 6 months or ii to a fine not exceeding the statutory maximum or to both d on conviction on indictment to imprisonment for a term not exceeding 15 2 years or to a fine or to both 8 The duty imposed by subsection 1 is enforceable whether or not the person is in the United Kingdom by civil proceedings by the Secretary of State for an injunction or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 or for any other appropriate relief 20 CHAPTER 2 OTHER FORMS OF LAWFUL INTERCEPTION Interception with consent 42 Interception with the consent of the sender or recipient 1 The interception of a communication is authorised by this section if the sender 25 and the intended recipient of the communication have each consented to its interception 2 The interception of a communication is authorised by this section if— a the communication is one sent by or intended for a person who has consented to the interception and 30 b surveillance by means of that interception has been authorised under— i Part 2 of the Regulation of Investigatory Powers Act 2000 or ii the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 Interception for administrative or enforcement purposes 43 35 Interception by providers of postal or telecommunications services 1 The interception of a communication is authorised by this section if the interception is carried out— a by or on behalf of a person who provides a postal service or a telecommunications service and 40 b for any of the purposes in subsection 2 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception 35 2 The purposes referred to in subsection 1 are— a purposes relating to the provision or operation of the service b purposes relating to the enforcement in relation to the service of any enactment relating to— i the use of postal or telecommunications services or 5 ii the content of communications transmitted by means of such services c purposes relating to the provision of services or facilities aimed at preventing or restricting the viewing or publication of the content of communications transmitted by means of postal or 10 telecommunications services 3 A reference in this section to anything carried out for purposes relating to the provision or operation of a telecommunications service includes among other things a reference to anything done for the purposes of identifying combating or preventing anything which could affect— 15 a any telecommunication system by means of which the service is provided or b any apparatus attached to such a system 44 Interception by businesses etc for monitoring and record-keeping purposes 1 Conduct is authorised by this section if it is authorised by regulations made 20 under subsection 2 2 The Secretary of State may by regulations authorise conduct of a description specified in the regulations if that conduct appears to the Secretary of State to constitutea legitimatepractice reasonablyrequired for the purpose in connection with the carrying on of any relevant activities see subsection25 4 of monitoring or keeping a record of— a communications by means of which transactions are entered into in the course of the relevant activities or b other communications relating to the relevant activities or taking place in the course of the carrying on of those activities 30 3 But nothing in any regulationsunder subsection 2 may authorisethe interception of any communication except in the course of its transmission using apparatus or services provided by or to the person carrying on the relevant activities for use whether wholly or partly in connection with those activities 35 4 In this section “relevant activities” means— a any business b any activities of a government department the Welsh Government a Northern Ireland department or any part of the Scottish Administration 40 c any activities of a public authority and d any activities of any person or office holder on whom functions are conferred by or under any enactment 45 Postal services interception for enforcement purposes 1 The interception of a communication in the course of its transmission by 45 means of a public postal service is authorised by this section if it is carried out by an 36 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception officer of Revenue and Customs under section 159 of the Customs and Excise Management Act 1979 as applied by virtue of— a section 105 of the Postal Services Act 2000 power to open postal items etc or b that section and another enactment 5 2 The interception of a communication in the course of its transmission by means of a public postal service is authorised by this section if it is carried out under paragraph 9 of Schedule 7 to the Terrorism Act 2000 port and border controls 46 Interception by OFCOM in connection with wireless telegraphy 1 Conduct falling within subsection 2 is authorised by this section if it is carried 10 out by OFCOM for purposes connected with a relevant matter see subsection 3 2 The conduct referred to in subsection 1 is— a the interception of a communication in the course of its transmission by means of a telecommunication system 15 b the obtaining by or in connection with the interception of information about the sender or recipient or intended recipient of the communication c the disclosure of anything obtained by conduct falling within paragraph a or b 20 3 Each of the following is a relevant matter for the purposes of subsection 1 — a the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006 “the 2006 Act” b the prevention or detection of anything which constitutes interference with wireless telegraphy 25 c the enforcement of— i any provision of Part 2 other than Chapter 2 and sections 27 to 31 or Part 3 of the 2006 Act or ii any enactment not falling within sub-paragraph i that relates to interference with wireless telegraphy 30 4 In this section— “interference” in relation to wireless telegraphy has the same meaning as in the Wireless Telegraphy Act 2006 see section 115 3 of that Act “OFCOM” means the Office of Communications established by section 1 of the Office of Communications Act 2002 35 “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006 see section 116 of that Act Interception taking place in certain institutions 47 Interception in prisons 1 Conduct taking place in a prison is authorised by this section if it is conduct 40 in exercise of any power conferred by or under prison rules 2 In this section “prison rules” means any rules made under— a section 47 of the Prison Act 1952 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception 37 b section 39 of the Prisons Scotland Act 1989 or c section 13 of the Prison Act Northern Ireland 1953 3 In this section “prison” means— a any prison young offender institution young offenders centre secure training centre secure college or remand centre which— 5 i is under the general superintendence of or is provided by the Secretary of State under the Prison Act 1952 or ii is under the general superintendence of or is provided by the Department of Justice in Northern Ireland under the Prison Act Northern Ireland 1953 or 10 b any prison young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons Scotland Act 1989 and includes any contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 or section 106 4 of the Criminal Justice and Public 15 Order Act 1994 and any legalised police cells within the meaning of section 14 of the Prisons Scotland Act 1989 48 Interception in psychiatric hospitals etc 1 Conduct is authorised by this section if— a it takes place in any hospital premises where high security psychiatric 20 services are provided and b it is conduct in pursuance of and in accordance with any relevant direction given to the body providing those services at those premises 2 “Relevant direction” means— a a direction under section 4 3A a of the National Health Service Act 25 2006 or b a direction under section 19 or 23 of the National Health Service Wales Act 2006 3 Conduct is authorised by this section if— a it takes place in a state hospital and 30 b it is conduct in pursuance of and in accordance with any direction given to the State Hospitals Board for Scotland under section 2 5 of the National Health Service Scotland Act 1978 regulations and directions as to the exercise of their functions by health boards The reference to section 2 5 of that Act is to that provision as applied by35 Article 5 1 of and the Schedule to the State Hospitals Board for Scotland Order 1995 which applies certain provisions of that Act to the State Hospitals Board 4 Conduct is authorised by this section if it is conduct in exercise of any power conferred by or under— a section 281 of the Mental Health Care and Treatment Scotland Act 40 2003 2003 asp 13 power to withhold correspondence of certain persons detained in hospital or b section 284 of that Act powers relating to the use of telephones by certain persons detained in hospital 5 In this section— 45 “high security psychiatric services” has the same meaning as in section 4 of the National Health Service Act 2006 38 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception “hospital premises” has the same meaning as in section 4 3 of that Act “state hospital” has the same meaning as in the National Health Service Scotland Act 1978 49 Interception in immigration detention facilities 1 Conduct taking place in immigration detention facilities is authorised by this 5 section if it is conduct in exercise of any power conferred by or under relevant rules 2 In this section— “immigration detention facilities” means any removal centre short-term holding facility or pre-departure accommodation 10 “removal centre” “short-termholding facility” and “pre-departure accommodation”have the meaning given by section 147 of the Immigration and Asylum Act 1999 “relevant rules” means— a in the case of a removal centre rules made under section 153 15 of that Act b in the case of a short-term holding facility rules made under or having effect by virtue of section 157 of that Act c in the case of pre-departure accommodation rules made under or having effect by virtue of section 157A of that Act 20 Interception in accordance with overseas requests 50 Interception in accordance with overseas requests 1 The interception of a communication in the course of its transmission by means of a telecommunication system is authorised by this section if conditions A to D are met 25 2 Condition A is that the interception— a is carried out by or on behalf of a telecommunications operator and b relates to the use of a telecommunications service provided by the telecommunications operator 3 Condition B is that the interception is carried out in response to a request30 made in accordance with a relevant international agreement by the competent authorities of a country or territory outside the United Kingdom In this subsection “relevant international agreement” means an international agreement to which the United Kingdom is a party and which is designated as a relevant international agreement by regulations made by the Secretary 35 of State 4 Condition C is that the interception is carried out for the purpose of obtaining information about the communications of an individual— a who is outside the United Kingdom or b who each of the following persons believes is outside the United 40 Kingdom— i the person making the request ii the person carrying out the interception Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception 39 5 Condition D is that any further conditions specified in regulations made by the Secretary of State for the purposes of this section are met CHAPTER 3 OTHER PROVISIONS ABOUT INTERCEPTION Restrictions on use or disclosure of material obtained under warrants etc 5 51 Safeguards relating to retention and disclosure of material 1 The issuing authority must ensure in relation to every targeted interception warrant or mutual assistancewarrant issued by that authority that arrangements are in force for securing that the requirements of subsections 2 and 5 are met in relation to the material obtained under the warrant 10 This is subject to subsection 9 2 The requirements of this subsection are met in relation to the material obtained under a warrant if each of the following is limited to the minimum that is necessary for the authorised purposes see subsection 3 — a the number of persons to whom any of the material is disclosed 15 or otherwise made available b the extent to which any of the material is disclosed or otherwise made available c the extent to which any of the material is copied d the number of copies that are made 20 3 For the purposes of this section something is necessary for the authorised purposes if and only if— a it is or is likely to become necessary on any of the grounds falling within section 20 on which a warrant under Chapter 1 of this Part may be necessary 25 b it is necessary for facilitating the carrying out of any functions under this Act of the Secretary of State the Scottish Ministers or the person to whom the warrant is or was addressed c it is necessary for facilitating the carrying out of any functions of the Judicial Commissioners or the Investigatory Powers Tribunal under 30 or in relation to this Act d it is necessary to ensure that a person “P” who is conducting a criminal prosecution has the information P needs to determine what is required of P by P’s duty to secure the fairness of the prosecution or e it is necessary for the performance of any duty imposed on any person 35 by the Public Records Act 1958 or the Public Records Act Northern Ireland 1923 4 The arrangements for the time being in force under this section for securing that the requirements of subsection 2 are met in relation to the material obtained under the warrant must include arrangements for securing that40 every copy made of any of that material is stored for so long as it is retained in a secure manner 5 The requirements of this subsection are met in relation to the material obtained under a warrant if every copy made of any of that material if not destroyed 40 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception earlier is destroyed as soon as there are no longer any relevant grounds for retaining it see subsection 6 6 For the purposes of subsection 5 there are no longer any relevant grounds for retaining a copy of any material if and only if— a its retention is not necessary or not likely to become necessary on5any of the grounds falling within section 20 on which a warrant under Chapter 1 of this Part may be necessary and b its retention is not necessary for any of the purposes mentioned in paragraphs b to e of subsection 3 above 7 Where an item subject to legal privilege intercepted in accordance 10 with a targeted interceptionwarrant or mutual assistancewarrant is retained following its examination the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon as is reasonably practicable 8 Subsection 9 applies if— 15 a any material obtained under the warrant has been handed over to any overseas authorities or b a copy of any such material has been given to any overseas authorities 9 To the extent that the requirements of subsections 2 and 5 relate to any of the material mentioned in subsection 8 a or to the copy mentioned 20 in subsection 8 b the arrangements made for the purposes of this section are not required to secure that those requirements are met see instead section 52 10 In this section— “copy” in relation to material obtained under a warrant means any of the following whether or not in documentary form — 25 a any copy extract or summary of the material which identifies the material as having been obtained under the warrant and b any record which— i refers to any interception or to the obtaining of any material and 30 ii is a record of the identities of the persons to or by whom the material was sent or to whom the material relates and “copied” is to be read accordingly “the issuing authority” means— a the Secretary of State in the case of warrants issued 35 by the Secretary of State b the Scottish Ministers in the case of warrants issued by the Scottish Ministers “overseas authorities” means authorities of a country or territory outside the United Kingdom 40 52 Safeguards relating to disclosure of material overseas 1 The issuing authority must ensure in relation to every targeted interception warrant or mutual assistancewarrant issued by that authority that arrangements are in force for securing that— a any material obtained under the warrant is handed over to overseas 45 authorities only if the requirements of subsection 2 are met and Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 41 b copies of any such material are given to overseas authorities only if those requirements are met 2 The requirements of this subsection are met in the case of a warrant if it appears to the issuing authority— a that requirements corresponding to the requirements of section 51 2 5 and 5 will apply to such extent if any as the issuing authority considers appropriate in relation to any of the material which is handed over or any copy of which is given to the authorities in question and b that restrictions are in force which would prevent to such extent 10 if any as the issuing authority considers appropriate the doing of anything in for the purposes of or in connection with any proceedings outside the United Kingdom which would result in a prohibited disclosure 3 In subsection 2 b “prohibited disclosure” means a disclosure which if made 15 in the United Kingdom would breach the prohibition in section 53 1 4 In this section— “copy” has the same meaning as in section 51 “the issuing authority” means— a the Secretary of State in the case of warrants issued 20 by the Secretary of State b the Scottish Ministers in the case of warrants issued by the Scottish Ministers “overseas authorities” means authorities of a country or territory outside the United Kingdom 25 53 Exclusion of matters from legal proceedings 1 No evidence may be adduced question asked assertion or disclosure made or other thing done in for the purposes of or in connection with any legal proceedings or Inquiries Act proceedings which in any manner — a discloses in circumstances from which its origin in interception-related 30 conduct may be inferred— i any content of an intercepted communication or ii any secondary data obtained from a communication or b tends to suggest that any interception-related conduct has or may have occurred or may be going to occur 35 This is subject to Schedule 3 exceptions 2 “Interception-related conduct” means— a conduct by a person within subsection 3 that is or in the absence of any lawful authority would be an offence under section 3 1 offence of unlawful interception 40 b a breach of the prohibition imposed by section 9 restrictionon requesting interception by overseas authorities c a breach of the prohibition imposed by section 10 restriction on requesting assistance under mutual assistance agreements etc d the making of an application by any person for a warrant or the issue 45 of a warrant under Chapter 1 of this Part 42 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception e the imposition of any requirement on any person to provide assistance in giving effect to a targeted interception warrant or mutual assistance warrant 3 The persons referred to in subsection 2 a are— a any person who is an intercepting authority see section 18 5 b any person holding office under the Crown c any person deemed to be the proper officer of Revenue and Customs by virtue of section 8 2 of the Customs and Excise Management Act 1979 d any person employed by or for the purposes of a police force e any postal operator or telecommunications operator 10 f any person employed or engaged for the purposes of the business of a postal operator or telecommunications operator 4 Any reference in subsection 1 to interception-related conduct also includes any conduct taking place before the coming into force of this section and consisting of— 15 a conduct by a person within subsection 3 that— i was an offence under section 1 1 or 2 of the Regulation of Investigatory Powers Act 2000 “RIPA” or ii would have been such an offence in the absence of any lawful authority within the meaning of section 1 5 of RIPA 20 b conduct by a person within subsection 3 that— i was an offence under section 1 of the Interception of Communications Act 1985 or ii would have been such an offence in the absence of subsections 2 and 3 of that section 25 c a breach by the Secretary of State of the duty under section 1 4 of RIPA restriction on requesting assistance under mutual assistance agreements d the making of an application by any person for a warrant or the issue of a warrant under— 30 i Chapter 1 of Part 1 of RIPA or ii the Interception of Communications Act 1985 e the imposition of any requirement on any person to provide assistance in giving effect to a warrant under Chapter 1 of Part 1 of RIPA 5 In this section— 35 “Inquiries Act proceedings” means proceedings of an inquiry under the Inquiries Act 2005 “intercepted communication” means any communication intercepted in the course of its transmissionby means of a postal service or telecommunication system 40 54 Duty not to make unauthorised disclosures 1 A person to whom this section applies must not make an unauthorised disclosure to another person 2 A person makes an unauthorised disclosure for the purposes of this section if— a the person discloses any of the matters within subsection 4 in relation 45 to— i a warrant under Chapter 1 of this Part or Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 43 ii a warrant under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000 and b the disclosure is not an excepted disclosure see section 55 3 This section applies to the following persons— 5 a any person who is an intercepting authority see section 18 b any person holding office under the Crown c any person employed by or for the purposes of a police force d any postal operator or telecommunications operator e any person employed or engaged for the purposes of the business of a postal operator or telecommunications operator 10 f any person to whom any of the matters within subsection 4 have been disclosed in relation to a warrant mentioned in subsection 2 a 4 The matters referred to in subsection 2 a are— a the existence or contents of the warrant b the details of the issue of the warrant or of any renewal or modification 15 of the warrant c the existence or contents of any requirement to provide assistance in giving effect to the warrant d the steps taken in pursuance of the warrant or of any such requirement e any of the material obtained under the warrant 20 55 Section 54 meaning of “excepted disclosure” 1 For the purposes of section 54 a disclosure made in relation to a warrant is an “excepted disclosure” if it falls within any of the Heads set out in— a subsection 2 disclosures authorised by warrant etc b subsection 3 oversight bodies 25 c subsection 4 legal advisers d subsection 7 disclosures of a general nature 2 Head 1 is— a a disclosure authorised by the warrant b a disclosure authorised by the person to whom the warrant is or was 30 addressed or under any arrangements made by that person for the purposes of this section c a disclosure authorised by the terms of any requirement to provide assistance in giving effect to the warrant including any requirement for disclosure imposed by virtue of section 39 5 or in the case 35 of a warrant under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000 “RIPA” section 11 9 of RIPA 3 Head 2 is— a in the case of a warrant under Chapter 1 of this Part a disclosure made to or authorised by a Judicial Commissioner 40 b in the case of a warrant under Chapter 1 of Part 1 of RIPA a disclosure made to or authorised by the Interceptionof Communications Commissioner or a Judicial Commissioner c a disclosure made to the Independent Police Complaints Commission for the purposes of facilitating the carrying out of any of its functions 45 44 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception d a disclosure made to the Intelligence and Security Committee of Parliament for the purposes of facilitating the carrying out of any of its functions 4 Head 3 is— a a disclosure made by a legal adviser— 5 i in contemplationof or in connection with any legal proceedings and ii for the purposes of those proceedings b a disclosure made— i by a professional legal adviser “L” to L’s client or a 10 representative of L’s client or ii by L’s client or by a representative of L’s client to L in connection with the giving by L to L’s client of advice about the effect of the relevant provisions see subsection 6 5 But a disclosure within Head 3 is not an excepted disclosure if it is made 15 with a view to furthering any criminal purpose 6 In subsection 4 b “the relevant provisions” means— a in the case of a warrant under Chapter 1 of this Part the provisions of this Part b in the case of a warrant under Chapter 1 of Part 1 of RIPA 20 the provisions of that Chapter 7 Head 4 is— a a disclosure that— i is made by a postal operator or a telecommunications operator in accordance with a requirement imposed by regulations made 25 by the Secretary of State and ii relates to the number of warrants under Chapter 1 of this Part to which the operator has given effect or has been involved in giving effect b a disclosure of information that does not relate to any particular 30 warrant under Chapter 1 of this Part or under Chapter 1 of Part 1 of RIPA but relates to any such warrants in general 8 Nothing in this section affects the operation of section 53 which among other things prohibits the making of certain disclosures in for the purposes of or in connection with legal proceedings 35 56 Offence of making unauthorised disclosures 1 A person who fails to comply with section 54 1 commits an offence 2 A person who is guilty of an offence under this section is liable— a on summary conviction in England and Wales— i to imprisonment for a term not exceeding 12 months or 40 6 months if the offence was committed before the commencement of section 154 1 of the Criminal Justice Act 2003 or ii to a fine or to both 45 b on summary conviction in Scotland— Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 45 i to imprisonment for a term not exceeding 12 months or ii to a fine not exceeding the statutory maximum or to both c on summary conviction in Northern Ireland— i to imprisonment for a term not exceeding 6 months or 5 ii to a fine not exceeding the statutory maximum or to both d on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine or to both 3 In proceedings against any person for an offence under this section in respect 10 of any disclosure it is a defence for the person to show that the person could not reasonably have been expected after first becoming aware of the matter disclosed to take steps to prevent the disclosure Interpretation 57 Part 2 interpretation 15 1 In this Part— “EU mutual assistance instrument” has the meaning given by section 10 3 “intercepting authority” is to be read in accordance with section 18 “international mutual assistance agreement” has the meaning given 20 by section 10 3 “mutual assistance warrant” has the meaning given by section 15 4 “police force” means any of the following— a any police force maintained under section 2 of the Police Act 1996 25 b the metropolitan police force c the City of London police force d the Police Service of Scotland e the Police Service of Northern Ireland f the Ministry of Defence Police 30 g the Royal Navy Police h the Royal Military Police i the Royal Air Force Police j the British Transport Police Force “relevant content” in relation to a targeted examination warrant has 35the meaning given by section 15 3 “relevant Scottish application” has the meaning given by section 22 “secondary data” has the meaning given by section 16 and references to obtaining secondary data from a communication are to be read in accordance with that section 40 “targeted examination warrant” has the meaning given by section 15 3 2 In this Part references to a member of a police force in relation to the Royal Navy Police the Royal Military Police or the Royal Air Force Police do not include any member of that force who is not for the time being attached to or serving with that force or another of those police forces 45 46 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 3 See also— section section section section 237 238 239 240 telecommunications definitions postal definitions general definitions index of defined expressions 5 PART 3 A UTHORISATIONS FOR OBTAINING COMMUNICATIONS DATA Targeted authorisations for obtaining data 58 Power to grant authorisations 1 Subsection 2 applies if a designated senior officer of a relevant public 10 authority considers— a that it is necessary to obtain communications data for a purpose falling within subsection 7 b that it is necessary to obtain the data— i for the purposes of a specific investigationor a specific 15 operation or ii for the purposes of testing maintaining or developing equipment systems or other capabilities relating to the availability or obtaining of communications data and c that the conduct authorised by the authorisation is proportionate 20 to what is sought to be achieved 2 The designated senior officer may authorise any officer of the authority to engage in any conduct which— a is for the purpose of obtaining the data from any person and b relates to— 25 i a telecommunication system or ii data derived from a telecommunication system 3 Subsections 1 and 2 are subject to— a section 59 restrictions in relation to internet connection records b section 60 additional restrictions on grant of authorisations 30 c sections 67 and 70 to 72 and Schedule 4 restrictions relating to certain relevant public authorities d section 73 requirement to consult a single point of contact and e section 74 Commissioner approval for authorisations to identify or confirm journalistic sources 35 4 Authorised conduct may in particular consist of an authorised officer— a obtaining the communications data themselves from any person or telecommunication system b asking any person whom the authorised officer believes is or may be in possession of the communications data to disclose it to a 40 person identified by or in accordance with the authorisation c asking any person whom the authorised officer believes is not in possession of the communications data but is capable of obtaining it to Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 47 obtain it and disclose it to a person identified by or in accordance with the authorisation or d requiring by notice a telecommunications operator— i whom the authorised officer believes is or may be in possession of the communications data to disclose the data to 5 a person identified by or in accordance with the authorisation or ii whom the authorised officer believes is not in possession of the communications data but is capable of obtaining the data to obtain it and disclose it to a person identified by or in 10 accordance with the authorisation 5 An authorisation— a may relate to data whether or not in existence at the time of the authorisation b may authorise the obtaining or disclosure of data by a person who 15 is not an authorised officer or any other conduct by such a person which enables or facilitatesthe obtaining of the communicationsdata concerned and c may in particular require a telecommunications operator who controls or provides a telecommunication system to obtain or disclose20 data relating to the use of a telecommunications service provided by another telecommunications operator in relation to that system 6 An authorisation— a may not authorise any conduct consistingin the interceptionof communications in the course of their transmission by means25of a telecommunication system and b may not authorise an authorised officer to ask or require in the circumstances mentioned in subsection 4 b c or d a person to disclose the data to any person other than— i an authorised officer or 30 ii an officer of the same relevant public authority as an authorised officer 7 It is necessary to obtain communications data for a purpose falling within this subsection if it is necessary to obtain the data— a in the interests of national security 35 b for the purpose of preventing or detecting crime or of preventing disorder c in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security 40 d in the interests of public safety e for the purpose of protecting public health f for the purpose of assessing or collecting any tax duty levy or other imposition contribution or charge payable to a government department 45 g for the purpose of preventing death or injury or any damage to a person’s physical or mental health or of mitigating any injury or damage to a person’s physical or mental health h to assist investigations into alleged miscarriages of justice 48 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data i where a person “P” has died or is unable to identify themselves because of a physical or mental condition— i to assist in identifying P or ii to obtain information about P’s next of kin or other persons connected with P or about the reason for P’s death or condition 5 or j for the purpose of exercising functions relating to— i the regulation of financial services and markets or ii financial stability 8 The fact that the communications data which would be obtained in pursuance 10 of an authorisation relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that it is necessary to obtain the data for a purpose falling within subsection 7 9 See— a sections 67 and 70 for the meanings of “designated senior officer”15 and “relevant public authority” b section 81 for the way in which this Part applies to postal operators and postal services 59 Restrictions in relation to internet connection records 1 A designated senior officer of a local authority may not grant an authorisation 20 for the purpose of obtaining data which is or can only be obtained by processing an internet connection record 2 A designated senior officer of a relevant public authority which is not a local authority may not grant an authorisation for the purpose of obtaining data which is or can only be obtained by processing an internet connection record 25 unless condition A B or C is met 3 Condition A is that the designated senior officer considers that it is necessary for a purpose falling within section 58 7 to obtain the data to identify which person or apparatus is using an internet service where— a the service and time of use are already known but 30 b the identity of the person or apparatus using the service is not known 4 Condition B is that— a the purpose for which the data is to be obtained falls within section 58 7 but is not the purpose falling within section 58 7 b of preventing or detecting crime and 35 b the designated senior officer considers that it is necessary to obtain the data to identify— i which internet communications service is being used and when and how it is being used by a person or apparatus whose identity is already known 40 ii where or when a person or apparatus whose identity is already known is obtaining access to or running a computer file or computer program which wholly or mainly involves making available or acquiring material whose possession is a crime or iii which internet service is being used and when and how it is45 being used by a person or apparatus whose identity is already known Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 49 5 Condition C is that— a the purpose for which the data is to be obtained is the purpose falling within section 58 7 b of preventing or detecting crime b the crime to be prevented or detected is serious crime or other relevant crime and 5 c the designated senior officer considers that it is necessary to obtain the data to identify— i which internet communications service is being used and when and how it is being used by a person or apparatus whose identity is already known 10 ii where or when a person or apparatus whose identity is already known is obtaining access to or running a computer file or computer program which wholly or mainly involves making available or acquiring material whose possession is a crime or iii which internet service is being used and when and how it is15 being used by a person or apparatus whose identity is already known 6 In subsection 5 “other relevant crime” means crime which is not serious crime but where the offence or one of the offences which is or would be constituted by the conduct concerned is— 20 a an offence for which an individual who has reached the age of 18 or in relation to Scotland or Northern Ireland 21 is capable of being sentencedto imprisonment for a term of 6 months or more disregarding any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions or 25 b an offence— i by a person who is not an individual or ii which involves as an integral part of it the sending of a communication or a breach of a person’s privacy 7 In this Act “internet connection record” means communications data which— 30 a may be used to identify or assist in identifying a telecommunications service to which a communicationis transmittedby means of a telecommunication system for the purpose of obtaining access to or running a computer file or computer program and b comprisesdata generatedor processedby a telecommunications 35 operator in the process of supplying the telecommunications service to the sender of the communication whether or not a person 60 Additional restrictions on grant of authorisations 1 A designated senior officer may not grant an authorisation for the purposes of a specific investigation or a specific operation if the officer is working on 40 that investigation or operation 2 But if the designated senior officer considers that there are exceptional circumstances which mean that subsection 1 should not apply in a particular case that subsection does not apply in that case 3 Examples of exceptional circumstances include— a an imminent threat to life or another emergency 45 50 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data b the investigation or operation concerned is one where there is an exceptionalneed in the interests of national security to keep knowledge of it to a minimum c there is an opportunity to obtain information where— i the opportunity is rare 5 ii the time to act is short and iii the need to obtain the information is significant and in the interests of national security or d the size of the relevant public authority concerned is such that it is not practicable to have a designated senior officer who is not working 10 on the investigation or operation concerned 61 Procedure for authorisations and authorised notices 1 An authorisation must specify— a the office rank or position held by the designated senior officer granting it 15 b the matters falling within section 58 7 by reference to which it is granted c the conduct that is authorised d the data or description of data to be obtained and e the persons or descriptions of persons to whom the data is to be or 20may be disclosed or how to identify such persons 2 An authorisation which authorises a person to impose requirements by notice on a telecommunications operator must also specify— a the operator concerned and b the nature of the requirements that are to be imposed 25 but need not specify the other contents of the notice 3 The notice itself— a must specify— i the office rank or position held by the person giving it ii the requirements that are being imposed and 30 iii the telecommunications operator on whom the requirements are being imposed and b must be given in writing or if not in writing in a manner that produces a record of its having been given 4 An authorisation must be applied for and granted in writing or if 35 not in writing in a manner that produces a record of its having been applied for or granted 62 Duration and cancellation of authorisations and notices 1 An authorisation ceases to have effect at the end of the period of one month beginning with the date on which it is granted 40 2 An authorisation may be renewed at any time before the end of that period by the grant of a further authorisation 3 Subsection 1 has effect in relation to a renewed authorisation as if the period of one month mentioned in that subsection did not begin until the end of the Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 51 period of one month applicable to the authorisation that is current at the time of the renewal 4 A designated senior officer who has granted an authorisation— a may cancel it at any time and b must cancel it if the designatedsenior officer considersthat the 5 requirements of this Part would not be satisfied in relation to granting an equivalent new authorisation 5 The Secretary of State may by regulations provide for the person by whom any function under subsection 4 is to be exercised where the person who would otherwise have exercised it is no longer available to do so 10 6 Such regulations may in particular provide for the person by whom the function is to be exercised to be a person appointed in accordance with the regulations 7 A notice given in pursuance of an authorisation and any requirement imposed by the notice — 15 a is not affected by the authorisation subsequently ceasing to have effect under subsection 1 but b is cancelled if the authorisation is cancelled under subsection 4 63 Duties of telecommunications operators in relation to authorisations 1 It is the duty of a telecommunications operator on whom a requirement 20 is imposed by notice given in pursuance of an authorisation to comply with that requirement 2 It is the duty of a telecommunications operator who is obtaining or disclosing communications data in response to a request or requirement for the data in pursuance of an authorisation to obtain or disclose the data in a way 25 that minimises the amount of data that needs to be processed for the purpose concerned 3 A person who is under a duty by virtue of subsection 1 or 2 is not required to take any steps in pursuance of that duty which it is not reasonably practicable for that person to take 30 4 For the purposes of subsection 3 where obligations have been imposed on a telecommunications operator “P” under section 229 maintenanceof technical capability the steps which it is reasonably practicable for P to take include every step which it would have been reasonably practicable for P to take if P had complied with all of those obligations 35 5 The duty imposed by subsection 1 or 2 is enforceable by civil proceedings by the Secretary of State for an injunction or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 or for any other appropriate relief Filtering arrangements for obtaining data 64 40 Filtering arrangements for obtaining data 1 The Secretary of State may establish maintain and operate arrangements for the purposes of— 52 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data a assisting a designated senior officer who is considering whether to grant an authorisation to determine whether the requirements of this Part in relation to granting the authorisation are satisfied or b facilitating the lawful efficient and effective obtaining of communications data from any person by relevant public authorities 5 in pursuance of an authorisation 2 Arrangementsunder subsection 1 “filtering arrangements” may in particular involve the obtaining of communications data in pursuance of an authorisation “the target data” by means of— a a request to the Secretary of State to obtain the target data on behalf 10 of an authorised officer and b the Secretary of State— i obtaining the target data or data from which the target data may be derived ii processing the target data or the data from which it may 15 be derived and retaining data temporarily for that purpose and iii disclosing the target data to the person identified for this purpose by or in accordance with the authorisation 3 Filtering arrangements may in particular involve the generation or use by the Secretary of State of information— 20 a for the purpose mentioned in subsection 1 a or b for the purposes of— i the support maintenance oversight operation or administration of the arrangements or ii the functions of the Investigatory Powers Commissioner 25 mentioned in subsection 4 or 5 4 Filtering arrangements must involve the generation and retention of such information or documents as the Investigatory Powers Commissioner considers appropriate for the purposes of the functions of the Commissioner under section 207 1 of keeping under review the exercise by public authorities 30 of functions under this Part 5 The Secretary of State must consult the Investigatory Powers Commissioner about the principles on the basis of which the Secretary of State intends to establish maintain or operate any arrangements for the purpose mentioned in subsection 1 a 35 65 Use of filtering arrangements in pursuance of an authorisation 1 This section applies in relation to the use of the filtering arrangements in pursuance of an authorisation 2 The filtering arrangements may be used— a to obtain and disclose communicationsdata in pursuanceof an 40 authorisation only if the authorisation specifically authorises the use of the arrangements to obtain and disclose the data b to process data in pursuance of an authorisation and to retain the data temporarily for that purpose only if the authorisation specifically authorises processing data of that description under the arrangements 45 and their temporary retention for that purpose 3 An authorisation must record the designated senior officer’s decision as to— Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 53 a whether the communications data to be obtained and disclosed in pursuance of the authorisation may be obtained and disclosed by use of the filtering arrangements b whether the processing of data under the filtering arrangements and its temporary retention for that purpose is authorised 5 c if the processing of data under the filtering arrangements is authorised the description of data that may be processed 4 A designated senior officer must not grant an authorisation which authorises— a use of the filtering arrangements or b processing under the filtering arrangements 10 unless the condition in subsection 5 is met 5 The condition is that the designated senior officer as well as considering that the other requirements of this Part in relation to granting the authorisation are satisfied considers that what is authorised in relation to the filtering arrangements is proportionate to what is sought to be achieved 15 66 Duties in connection with operation of filtering arrangements 1 The Secretary of State must secure— a that no authorisation data is obtained or processed under the filtering arrangements except for the purposes of an authorisation b that data which— 20 i has been obtained or processed under the filtering arrangements and ii is to be disclosed in pursuance of an authorisation or for the purpose mentioned in section 64 1 a is disclosed only to the person to whom the data is to be disclosed25 in pursuance of the authorisation or as the case may be to the designated senior officer concerned c that any authorisation data which is obtained under the filtering arrangementsin pursuance of an authorisation is immediately destroyed— 30 i when the purposes of the authorisation have been met or ii if at any time it ceases to be necessary to retain the data for the purposes or purpose concerned 2 The Secretary of State must secure that data other than authorisation data which is retained under the filtering arrangements is disclosed only— 35 a for the purpose mentioned in section 64 1 a b for the purposes of support maintenance oversight operation or administration of the arrangements c to the Investigatory Powers Commissioner for the purposes of the functions of the Commissioner mentioned in section 64 4 or 5 or 40 d otherwise as authorised by law 3 The Secretary of State must secure that— a only the Secretary of State and designated individuals are permitted to read obtain or otherwise process data for the purposes of support maintenance oversight operation or administration of the filtering 45 arrangements and 54 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data b no other persons are permitted to access or use the filtering arrangementsexcept in pursuance ofan authorisationor for the purpose mentioned in section 64 1 a 4 In subsection 3 a “designated” means designated by the Secretary of State and the Secretary of State may designate an individual only if the Secretary 5 of State thinks that it is necessary for the individual to be able to act as mentioned in subsection 3 a 5 The Secretary of State must— a put in place and maintain an adequate security system to govern access to and use of the filtering arrangements and to protect against 10 any abuse of the power of access and b impose measures to protect against unauthorised or unlawful data retention processing access or disclosure 6 The Secretary of State must— a put in place and maintain procedures including the regular testing15 of relevant software and hardware to ensure that the filtering arrangements are functioning properly and b report as soon as possible after the end of each calendar year to the InvestigatoryPowers Commissionerabout the functioning of the filtering arrangements during that year 20 7 A report under subsection 6 b must in particular contain information about the destruction of authorisation data during the calendar year concerned 8 If the Secretaryof State believesthat significantprocessingerrors have occurred giving rise to a contravention of any of the requirements of this Part which relate to the filtering arrangements the Secretary of State must report 25 that fact immediately to the Investigatory Powers Commissioner 9 In this section “authorisation data” in relation to an authorisation means communicationsdata that is or is to be obtained in pursuanceof the authorisation or any data from which that data is or may be derived Relevant public authorities other than local authorities 67 30 Relevant public authorities and designated senior officers 1 Schedule 4 relevant public authorities and designated senior officers has effect 2 A public authority listed in column 1 of the table in the Schedule is a relevant public authority for the purposes of this Part 35 3 In this Part “designated senior officer” in relation to a relevant public authority listed in column 1 of the table means an individual who holds with the authority— a an office rank or position specified in relation to the authority in column 2 of the table or 40 b an office rank or position higher than that specified in relation to the authority in column 2 of the table subject to subsections 4 and 5 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 55 4 Subsection 5 applies where an office rank or position specified in relation to a relevant public authority in column 2 of the table is specified by reference to— a a particular branch agency or other part of the authority or b responsibility for functions of a particular description 5 5 A person is a designated senior officer by virtue of subsection 3 b only if the person— a holds an office rank or position in that branch agency or part or b has responsibility for functions of that description 6 A person who is a designated senior officer of a relevant public authority 10 by virtue of subsection 3 and an entry in column 2 of the table may grant an authorisation— a only for obtaining communications data of the kind specified in the corresponding entry in column 3 of the table and b only if section 58 1 a is met in relation to a purpose within one of15 the paragraphs of section 58 7 specified in the corresponding entry in column 4 of the table 7 Where there is more than one entry in relation to a relevant public authority in column 2 of the table and a person is a designated senior officer of the authority by virtue of subsection 3 as it applies to more than one of those 20 entries subsection 6 applies in relation to each entry 68 Power to modify section 67 and Schedule 4 1 The Secretary of State may by regulations modify section 67 or Schedule 4 2 Regulations under subsection 1 may in particular— a add a public authority to or remove a public authority from the list 25in column 1 of the table b modify an entry in column 2 of the table c impose or remove restrictions on the authorisations that may be granted by a designated senior officer with a specified public authority d impose or remove restrictionson the circumstancesin which or 30 purposes for which such authorisationsmay be granted by a designated senior officer 3 The power to make regulations under subsection 1 includes power to make such modifications in any enactment including this Act as the Secretary of State considers appropriate in consequence of a person becoming or ceasing 35 to be a relevant public authority because of regulations under that subsection 69 Certain regulations under section 68 supplementary 1 This section applies to regulations under section 68 other than regulations which do only one or both of the following— a remove a public authority from the list in column 1 of the table 40 in Schedule 4 and make consequential modifications b modify column 2 of the table in a way that does not involve replacing an office rank or position specified in that column in relation to a particular public authority with a lower office rank or position in relation to the same authority 45 56 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 2 Before making regulations to which this section applies the Secretary of State must consult— a the Investigatory Powers Commissioner and b the public authority to which the modifications relate 3 A statutory instrument containing regulations to which this section applies 5 may not be made except in accordancewith the enhancedaffirmative procedure Local authorities 70 Local authorities as relevant public authorities 1 A local authority is a relevant public authority for the purposes of this Part 10 2 In this Part “designated senior officer” in relation to a local authority means an individual who holds with the authority— a the position of director head of service or service manager or equivalent or b a higher position 15 3 A designated senior officer of a local authority may grant an authorisation for obtaining communications data only if section 58 1 a is met in relation to a purpose within section 58 7 b 4 The Secretary of State may by regulations amend subsection 2 5 Before making regulations under subsection 4 which amend subsection20 2 so as to replace an office rank or position specified in that subsection with a lower office rank or position the Secretary of State must consult— a the Investigatory Powers Commissioner and b each local authority to which the amendment relates 6 A statutory instrument containing regulations under subsection 4 to which 25 subsection 5 applies may not be made except in accordancewith the enhanced affirmative procedure 7 Sections 71 and 72 impose further restrictions in relation to the grant of authorisations by local authorities 71 Requirement to be party to collaboration agreement 30 1 A designated senior officer of a local authority may not grant an authorisation unless— a the local authority is a party to a collaboration agreement whether as a supplying authority or a subscribing authority or both and b that collaboration agreement is certified by the Secretary of State 35 having regard to guidance given by virtue of section 76 6 and 7 as being appropriate for the local authority 2 A designated senior officer of a local authority may only grant an authorisation to a person within subsection 3 3 A person is within this subsection if the person is an officer of a relevant public 40 authority which is a supplying authority under a collaboration agreement to which the local authority is a party Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 57 4 If a local authority is itself a supplying authority under a collaboration agreement the persons within subsection 3 include officers of the local authority 5 In this section “collaborationagreement” “subscribing authority” and “supplying authority” have the same meaning as in section 75 72 5 Judicial approval for local authority authorisations 1 This section applies to an authorisation granted by a designated senior officer of a local authority other than an authorisation to which section 74 applies 2 The authorisation is not to take effect until such time if any as the relevant judicial authority has made an order under this section approving it 10 3 The local authority may apply to the relevant judicial authority for an order under this section approving the authorisation 4 The local authority is not required to give notice of the application to— a any person to whom the authorisation relates or b that person’s legal representatives 15 5 The relevant judicial authority may approve the authorisation if and only if the relevant judicial authority considers that— a at the time of the grant there were reasonable grounds for considering that the requirements of this Part were satisfied in relation to the authorisation and 20 b at the time when the relevant judicial authority is considering the matter there are reasonablegrounds for considering that the requirements of this Part would be satisfied if an equivalent new authorisation were granted at that time 6 Where on an application under this section the relevant judicial authority 25 refuses to approve the grant of the authorisation the relevant judicial authority may make an order quashing the authorisation 7 In this section “the relevant judicial authority” means— a in relation to England and Wales a justice of the peace b in relation to Scotland a sheriff and 30 c in relation to Northern Ireland a district judge magistrates’ courts in Northern Ireland 8 See also sections 77A and 77B of the Regulation of Investigatory Powers Act 2000 procedure for orders under this section of a sheriff in Scotland or a district judge magistrates’ courts in Northern Ireland 35 Additional protections 73 Use of a single point of contact 1 Before granting an authorisation the designated senior officer must consult a person who is acting as a single point of contact in relation to the granting of authorisations 40 58 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 2 But if the designated senior officer considers that there are exceptional circumstances which mean that subsection 1 should not apply in a particular case that subsection does not apply in that case 3 Examples of exceptional circumstances include— a an imminent threat to life or another emergency or b the interests of national security 5 4 A person is acting as a single point of contact if that person— a is an officer of a relevant public authority and b is responsible for advising— i officers of the relevant public authority about applying 10 for authorisations or ii designated senior officers of the relevant public authority about granting authorisations 5 A person acting as a single point of contact may in particular advise an officer of a relevant public authority who is considering whether to apply 15 for an authorisation about— a the most appropriate methods for obtaining data where the data concerned is processed by more than one telecommunications operator b the cost and resource implications for— 20 i the relevant public authority concerned of obtaining the data and ii the telecommunications operator concerned of disclosing the data c any unintended consequences of the proposed authorisation and 25 d any issues as to the lawfulness of the proposed authorisation 6 A person acting as a single point of contact may in particular advise a designated senior officer who is considering whether to grant an authorisation about— a whether it is reasonablypractical to obtain the data sought in 30 pursuance of the proposed authorisation b the cost and resource implications for— i the relevant public authority concerned of obtaining the data and ii the telecommunications operator concerned of disclosing35the data c any unintended consequences of the proposed authorisation and d any issues as to the lawfulness of the proposed authorisation 7 A person acting as a single point of contact may also provide advice about— a whether requirements imposed by virtue of an authorisation have 40 been met b the use in support of operations or investigations of communications data obtained in pursuance of an authorisation and c any other effects of an authorisation Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 74 59 Commissioner approval for authorisations to identify or confirm journalistic sources 1 Subsection 2 applies if— a a designated senior officer has granted an authorisation in relation to the obtaining by a relevant public authority of communications data5for the purpose of identifying or confirming a source of journalistic information and b the authorisation is not necessary because of an imminent threat to life 2 The authorisation is not to take effect until such time if any as a Judicial Commissioner has approved it 10 3 The relevant public authority for which the authorisation has been granted may apply to a Judicial Commissioner for approval of the authorisation 4 The applicant is not required to give notice of the application to— a any person to whom the authorisation relates or b that person’s legal representatives 15 5 A Judicial Commissioner may approve the authorisation if and only if the Judicial Commissioner considers that— a at the time of the grant there were reasonable grounds for considering that the requirements of this Part were satisfied in relation to the authorisation and 20 b at the time when the Judicial Commissioner is considering the matter there are reasonable grounds for considering that the requirements of this Part would be satisfied if an equivalent new authorisation were granted at that time 6 In considering whether the position is as mentioned in subsection 5 a and 25 b the Judicial Commissioner must in particular have regard to— a the public interest in protecting a source of journalistic information and b the need for there to be another overriding public interest before a relevant public authority seeks to identify or confirm a source30of journalistic information 7 Where on an application under this section the Judicial Commissioner refuses to approve the grant of the authorisation the Judicial Commissioner may quash the authorisation 8 In this Act “source of journalistic information” means an individual 35 who provides material intending the recipient to use it for the purposes of journalism or knowing that it is likely to be so used Collaboration agreements 75 Collaboration agreements 1 A collaboration agreement is an agreement other than a police collaboration 40 agreement under which— a a relevant public authority “the supplying authority” puts the services of designated senior officers of that authority or other officers of that authority at the disposal of another relevant public authority “the 60 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data subscribing authority” for the purposes of the subscribing authority’s functions under this Part and b either— i a designatedsenior officer of the supplying authority is permitted to grant authorisations to officers of the subscribing 5 authority ii officers of the supplying authority are permitted to be granted authorisations by a designated senior officer of the subscribing authority or iii officers of the supplying authority act as single points of contact 10 for officers of the subscribing authority 2 The persons by whom or to whom authorisations may be granted or who may act as single points of contact under a collaboration agreement are additional to those persons by whom or to whom authorisations would otherwise be granted under this Part or who could otherwise act as 15 single points of contact 3 In a case falling within subsection 1 b i — a section 58 has effect as if— i in subsection 2 the reference to an officer of the authority were a reference to an officer of the subscribing authority and 20 ii in subsection 6 b ii the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority and b section 60 3 d has effect as if the reference to the relevant public authority concerned were a reference to both authorities 25 4 In a case falling within subsection 1 b ii — a section 58 has effect as if— i in subsection 2 the reference to an officer of the authority were a reference to an officer of the supplying authority and ii in subsection 6 b ii the reference to an officer of the 30same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority and b section 60 3 d has effect as if the reference to the relevant public authority concerned were a reference to both authorities 5 In a case falling within subsection 1 b iii section 73 4 b has effect as35if the references to the relevant public authority were references to the subscribing authority 6 In this section— “force collaboration provision” has the meaning given by paragraph a of section 22A 2 of the Police Act 1996 but as if the reference40 in that paragraph to a police force included the National Crime Agency “police collaboration agreement” means a collaboration agreement under section 22A of the Police Act 1996 which contains force collaboration provision 76 Collaboration agreements supplementary 45 1 A collaboration agreement may provide for payments to be made between parties to the agreement Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 61 2 A collaboration agreement— a must be in writing b may be varied by a subsequent collaboration agreement and c may be brought to an end by agreement between the parties to it 3 A person who makes a collaboration agreement must— 5 a publish the agreement or b publish the fact that the agreement has been made and such other details about it as the person considers appropriate 4 A relevant public authority may enter into a collaboration agreement as a supplying authority a subscribing authority or both whether or not it would 10 have power to do so apart from this section 5 The Secretary of State may after consulting a relevant public authority direct it to enter into a collaboration agreement if the Secretary of State considers that entering into the agreement would assist the effective exercise by the authority or another relevant public authority of its functions under this Part 15 6 A code of practice under Schedule 7 must include guidance to relevant public authorities about collaboration agreements 7 The guidance must include guidance about the criteria the Secretary of State will use in considering whether a collaboration agreement is appropriate for a relevant public authority 20 77 Police collaboration agreements 1 This section applies if— a the chief officer of police of an England and Wales police force “force 1” has entered into a police collaboration agreement and b under the terms of the agreement— 25 i a designated senior officer of force 1 is permitted to grant authorisations to officers of a collaborating police force ii officers of force 1 are permitted to be granted authorisations by a designated senior officer of a collaborating police force or iii officers of force 1 act as single points of contact for officers 30 of a collaborating police force 2 The persons by whom or to whom authorisations may be granted or who may act as single points of contact under a police collaboration agreement are additional to those persons by whom or to whom authorisations would otherwise be granted under this Part or who could otherwise act as 35 single points of contact 3 In a case falling within subsection 1 b i — a section 58 has effect as if— i in subsection 2 the reference to an officer of the authority were a reference to an officer of the collaborating police force and 40 ii in subsection 6 b ii the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of force 1 and b section 60 3 d has effect as if the reference to the relevant public authority concerned were a reference to force 1 and the collaborating 45 police force 62 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 4 In a case falling within subsection 1 b ii — a section 58 has effect as if— i in subsection 2 the reference to an officer of the authority were a reference to an officer of force 1 and ii in subsection 6 b ii the reference to an officer of the5 same relevant public authority as an authorised officer included a reference to an officer of the collaborating police force and b section 60 3 d has effect as if the reference to the relevant public authority concerned were a reference to force 1 and the collaborating police force 10 5 In a case falling within subsection 1 b iii section 73 4 b has effect as if the references to the relevant public authority were references to the collaborating police force 6 In this section— “collaboratingpolice force” in relation to a police collaboration 15 agreement means a police force other than force 1 whose chief officer of police is a party to the agreement “England and Wales police force” means— a any police force maintained under section 2 of the Police Act 1996 police forces in England and Wales outside London 20 b the metropolitan police force or c the City of London police force “police collaboration agreement” has the same meaning as in section 75 see subsection 6 of that section and references in this section to an England and Wales police force or a police 25 force include the National Crime Agency and references to the chief officer of police include the Director General of the National Crime Agency Further and supplementary provision 78 Lawfulness of conduct authorised by this Part 1 Conduct is lawful for all purposes if— 30 a it is conduct in which any person is authorised to engage by an authorisation or required to undertake by virtue of a notice given in pursuance of an authorisation and b the conduct is in accordance with or in pursuance of the authorisation or notice 35 2 A person whether or not the person so authorised or required is not to be subject to any civil liability in respect of conduct that— a is incidental to or is reasonablyundertakenin connectionwith conduct that is lawful by virtue of subsection 1 and b is not itself conduct for which an authorisation or warrant— 40 i is capableof being granted under any of the enactments mentioned in subsection 3 and ii might reasonably have been expected to have been sought in the case in question 3 The enactments referred to in subsection 2 b i are— a an enactment contained in this Act 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 63 b an enactment contained in the Regulation of Investigatory Powers Act 2000 c an enactment contained in Part 3 of the Police Act 1997 powers of the police and of customs officers or d section 5 of the IntelligenceServicesAct 1994 warrants for the 5 intelligence services 79 Offence of making unauthorised disclosure 1 It is an offence for a telecommunications operator or any person employed or engaged for the purposes of the business of a telecommunications operator to disclose without reasonable excuse to any person the existence of— 10 a any requirement imposed on the operator by virtue of this Part to disclose communications data relating to that person or b any request made in pursuance of an authorisation for the operator to disclose such data 2 For the purposes of subsection 1 it is in particular a reasonable excuse 15if the disclosure is made with the permission of the relevant public authority which is seeking to obtain the data from the operator whether the permission is containedin any notice requiring the operator to disclose the data or otherwise 3 A person guilty of an offence under this section is liable— 20 a on summary conviction in England and Wales— i to imprisonment for a term not exceeding 12 months or 6 months if the offence was committed before the commencement of section 154 1 of the Criminal Justice Act 2003 or 25 ii to a fine or to both b on summary conviction in Scotland— i to imprisonment for a term not exceeding 12 months or ii to a fine not exceeding the statutory maximum 30 or to both c on summary conviction in Northern Ireland— i to imprisonment for a term not exceeding 6 months or ii to a fine not exceeding the statutory maximum or to both 35 d on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both 80 Certain transfer and agency arrangements with public authorities 1 The Secretary of State may by regulations provide for— a any function under sections 64 to 66 which is exercisable by40 the Secretary of State to be exercisable instead by another public authority or b any function under sections 64 to 66 which is exercisable by a public authority by virtue of paragraph a to be exercisable instead by the Secretary of State 45 64 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 2 The Secretary of State may by regulations modify any enactment about a public authority for the purpose of enabling or otherwise facilitating any function exercisable by the Secretary of State under this Part to be exercisable on behalf of the Secretary of State by the authority concerned 3 Regulations under subsection 2 do not affect the Secretaryof State’s responsibility for the exercise of the functions concerned 5 4 Subsection 2 does not apply in relation to any function of the Secretary of State of making regulations 5 Schedule 5 which contains further safeguards and provisions supplementing this section has effect 10 81 Application of Part 3 to postal operators and postal services 1 This Part applies to postal operators and postal services as it applies to telecommunications operators and telecommunications services 2 In its application by virtue of subsection 1 this Part has effect as if— a any reference to a telecommunications operator were a reference 15 to a postal operator b any reference to a telecommunications service were a reference to a postal service c any reference to a telecommunication system were a reference to a postal service 20 d sections 58 3 a and 59 were omitted and e in Part 2 of Schedule 4 for “which is entity data” there were substituted “within paragraph c of the definition of “communications data” in section 238 3 ” 82 Extra-territorial application of Part 3 25 1 An authorisation may relate to conduct outside the United Kingdom and persons outside the United Kingdom 2 A notice given in pursuance of an authorisation may relate to conduct outside the United Kingdom and persons outside the United Kingdom 3 Where such a notice is to be given to a person outside the United Kingdom 30 the notice may be given to the person in any of the following ways as well as by electronic or other means of service — a by delivering it to the person’s principal office within the United Kingdom or if the person has no such office in the United Kingdom to any place in the United Kingdom where the person carries on business 35 or conducts activities b if the person has specified an address in the United Kingdom as one at which the person or someone on the person’s behalf will accept documents of the same description as a notice by delivering it to that address 40 c by notifying the person by such other means as the authorised officer considers appropriate which may include notifying the person orally 4 In determining for the purposes of subsection 3 of section 63 whether it is reasonably practicable for a telecommunications operator outside the United Kingdom to take any steps in a country or territory outside the United 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 65 Kingdom for the purpose of complying with a duty imposed by virtue of subsection 1 or 2 of that section the matters to be taken into account include the following— a any requirements or restrictions under the law of that country or territory that are relevant to the taking of those steps and 5 b the extent to which it is reasonably practicable to comply with the duty in a way that does not breach any of those requirements or restrictions 5 Nothing in the definition of “telecommunications operator” limits the type of communications data in relation to which an authorisation or a request or requirement of a kind which gives rise to a duty under section 63 1 or 2 10may apply 83 Part 3 interpretation 1 In this Part— “authorisation” means an authorisation under section 58 including that section as modified by sections 75 and 77 15 “designated senior officer”— a in relation to a relevant public authority which is a local authority has the meaning given by section 70 2 and b in relation to any other relevant public authority has the meaning given by section 67 3 20 “filtering arrangements” means any arrangements under section 64 1 “officer” in relation to a relevant public authority means a person holding an office rank or position with that authority “relevant public authority” means a public authority which is a relevant public authority for the purposes of this Part by virtue of section 67 2 25 or 70 1 2 In this Part “local authority” means— a a district or county council in England b a London borough council c the Common Council of the City of London in its capacity as a local30 authority d the Council of the Isles of Scilly e a county council or county borough council in Wales f a council constituted under section 2 of the Local Government etc Scotland Act 1994 and 35 g a district council in Northern Ireland 3 See also— section section section section 237 238 239 240 telecommunications definitions postal definitions general definitions index of defined expressions 40 66 Investigatory Powers Bill Part 4 — Retention of communications data PART 4 RETENTION OF COMMUNICATIONS DATA General 84 Powers to require retention of certain data 1 The Secretaryof State may by notice a “retentionnotice” require a 5 telecommunications operator to retain relevant communications data if the Secretary of State considers that the requirement is necessary and proportionate for one or more of the purposes falling within paragraphs a to j of section 58 7 purposes for which communications data may be obtained 2 A retention notice may— 10 a relate to a particular operator or any description of operators b require the retention of all data or any description of data c identify the period or periods for which data is to be retained d contain other requirements or restrictions in relation to the retention of data 15 e make different provision for different purposes f relate to data whether or not in existence at the time of the giving or coming into force of the notice 3 A retention notice must not require any data to be retained for more than 12 months beginning with— 20 a in the case of communications data relating to a specific communication the day of the communication concerned b in the case of entity data which does not fall within paragraph a above but does fall within paragraph a i of the definition of “communications data” in section 237 5 the day on which the entity 25 concerned ceases to be associated with the telecommunications service concerned or if earlier the day on which the data is changed and c in any other case the day on which the data is first held by the operator concerned 4 A retention notice which relates to data already in existence when the notice 30 comes into force imposes a requirement to retain the data for only so much of a period of retention as occurs on or after the coming into force of the notice 5 A retention notice comes into force— a when the notice is given to the operator or description of operators concerned or 35 b if later at the time or times specified in the notice 6 A retention notice is given to an operator or description of operators by giving or publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of the operator or description of operators to whom it relates 40 7 A retention notice must specify— a the operator or description of operators to whom it relates b the data which is to be retained c the period or periods for which the data is to be retained Investigatory Powers Bill Part 4 — Retention of communications data 67 d any other requirements or any restrictions in relation to the retention of the data e the information required by section 225 7 the level or levels of contribution in respect of costs incurred as a result of the notice 8 The requirements or restrictions mentioned in subsection 7 d may 5 in particular include— a a requirement to retain the data in such a way that it can be transmitted efficiently and effectively in response to requests b requirements or restrictions in relation to the obtaining whether by collection generation or otherwise generation or processing of— 10 i data for retention or ii retained data 9 The fact that the data which would be retained under a retention notice relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the requirement to retain the data is necessary for one or 15more of the purposes falling within paragraphs a to j of section 58 7 10 In this Part “relevant communications data” means communications data which may be used to identify or assist in identifying any of the following— a the sender or recipient of a communication whether or not a person b the time or duration of a communication 20 c the type method or pattern or fact of communication d the telecommunication system or any part of it from to or through which or by means of which a communicationis or may be transmitted or e the location of any such system 25 and this expression therefore includes inparticular internet connection records Safeguards 85 Matters to be taken into account before giving retention notices 1 Before giving a retention notice the Secretary of State must among 30 other matters take into account— a the likely benefits of the notice b the likely number of users if known of any telecommunications service to which the notice relates c the technical feasibility of complying with the notice 35 d the likely cost of complying with the notice and e any other effect of the notice on the telecommunications operator or description of operators to whom it relates 2 Before giving such a notice the Secretary of State must take reasonable steps to consult any operator to whom it relates 40 86 Review by the Secretary of State 1 A telecommunications operator to whom a retention notice is given may within such period or circumstances as may be provided for by regulations made by the Secretary of State refer the notice back to the Secretary of State 68 Investigatory Powers Bill Part 4 — Retention of communications data 2 Such a reference may be in relation to the whole of a notice or any aspect of it 3 In the case of a notice given to a description of operators— a each operator falling within that description may make a reference under subsection 1 but b each such reference may only be in relation to the notice or aspect5of the notice so far as it applies to that operator 4 There is no requirement for an operator who has referred a retention notice under subsection 1 to comply with the notice so far as referred until the Secretary of State has reviewed the notice in accordance with subsection 5 5 The Secretary of State must review any notice so far as referred to the Secretary 10 of State under subsection 1 6 Before deciding the review the Secretary of State must consult— a the Technical Advisory Board and b the Investigatory Powers Commissioner 7 The Board must consider the technicalrequirementsand the financial 15 consequences for the operator who has made the reference of the notice so far as referred 8 The Commissioner must consider whether the notice so far as referred is proportionate 9 The Board and the Commissioner must— 20 a give the operator concerned and the Secretary of State the opportunity to provide evidence or make representations to them before reaching their conclusions and b report their conclusions to— i the operator and 25 ii the Secretary of State 10 The Secretary of State may after considering the conclusions of the Board and the Commissioner— a vary or revoke the retention notice under section 89 or b give a notice under this section to the operator concerned confirming 30 its effect 11 A report or notice under this section is given to an operator by giving or publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of the operator 12 The Secretary of State must keep a retention notice under review whether 35 or not referred under subsection 1 87 Data integrity and security 1 A telecommunications operator who retains relevant communications data by virtue of this Part must— a secure that the data is of the same integrity and subject to at least 40the same security and protection as the data on any system from which it is derived b secure by appropriate technical and organisational measures that the data can be accessed only by specially authorised personnel and Investigatory Powers Bill Part 4 — Retention of communications data 69 c protect by appropriate technical and organisational measures the data against accidental or unlawful destruction accidental loss or alteration or unauthorised or unlawful retention processing access or disclosure 2 A telecommunications operator who retains relevant communications data by virtue of this Part must destroy the data if the retention of the data ceases5to be authorised by virtue of this Part and is not otherwise authorised by law 3 The destruction of the data may take place at such monthly or shorter intervals as appear to the operator to be practicable 88 Disclosure of retained data A telecommunications operator must put in place adequate security systems 10 including technical and organisational measures governing access to relevant communications data retained by virtue of this Part in order to protect against any unlawful disclosure Variation or revocation of notices 89 Variation or revocation of notices 15 1 The Secretary of State may vary a retention notice 2 The Secretary of State must give or publish notice of the variation in such manner as the Secretary of State considers appropriate for bringing the variation to the attention of the telecommunications operator or description of operators to whom it relates 20 3 A variation comes into force— a when notice of it is given or published in accordance with subsection 2 or b if later at the time or times specified in the notice of variation 4 A retention notice may not be varied so as to require the retention of additional 25 relevant communications data unless the Secretary of State considers that the requirement is necessary and proportionate for one or more of the purposes falling within paragraphs a to j of section 58 7 purposes for which communications data may be obtained 5 The fact that additional relevant communicationsdata which would be 30 retained under a retention notice as varied relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the requirement to retain the data is necessary for one or more of the purposes falling within paragraphs a to j of section 58 7 6 Section 84 2 and 4 apply in relation to a retention notice as varied as they 35 apply in relation to a retention notice but as if the references to the notice coming into force included references to the variation coming into force 7 Sections 84 3 and 7 90 and 92 and subsections 1 4 10 and 13 of this section apply in relation to a retention notice as varied as they apply in relation to a retention notice 40 8 Section 85 applies in relation to the making of a variation as it applies in relation to the giving of a retention notice 70 Investigatory Powers Bill Part 4 — Retention of communications data 9 Section 86 applies but only so far as the variation is concerned in relation to a retention notice as varied other than one varied as mentioned in subsection 10 a of that section as it applies in relation to a retention notice 10 The Secretary of State may revoke whether wholly or in part a retention notice 5 11 The Secretary of State must give or publish notice of the revocation in such manner as the Secretary of State considers appropriate for bringing the revocation to the attention of the operator or description of operators to whom it relates 12 A revocation comes into force— 10 a when notice of it is given or published in accordance with subsection 11 or b if later at the time or times specified in the notice of revocation 13 The fact that a retention notice has been revoked in relation to a particular description of communications data and a particular operator or description 15 of operators does not prevent the giving of another retention notice in relation to the same description of data and the same operator or description of operators Enforcement 90 Enforcement of notices and certain other requirements and restrictions 20 1 It is the duty of a telecommunications operator on whom a requirement or restriction is imposed by— a a retention notice or b section 87 or 88 to comply with the requirement or restriction 25 2 A telecommunications operator or any person employed or engaged for the purposes of the business of a telecommunications operator must not disclose the existence or contents of a retention notice to any other person 3 The Information Commissioner or any member of staff of the Information Commissioner must not disclose the existence or contents of a retention30 notice to any other person 4 Subsections 2 and 3 do not apply to a disclosure made with the permission of the Secretary of State 5 The duty under subsection 1 or 2 is enforceable by civil proceedings by the Secretary of State for an injunction or for specific performance of a statutory 35 duty under section 45 of the Court of Session Act 1988 or for any other appropriate relief Further and supplementary provision 91 Application of Part 4 to postal operators and postal services 1 This Part applies to postal operators and postal services as it applies 40 to telecommunications operators and telecommunications services Investigatory Powers Bill Part 4 — Retention of communications data 71 2 In its application by virtue of subsection 1 this Part has effect as if— a any reference to a telecommunications operator were a reference to a postal operator b any reference to a telecommunications service were a reference to a postal service 5 c any reference to a telecommunication system were a reference to a postal service d in section 84 3 for paragraph b there were substituted— “ b in the case of communications data which does not fall within paragraph a above but does fall within 10 paragraph c of the definition of “communications data” in section 238 3 the day on which the person concerned leaves the postal service concerned or if earlier the day on which the data is changed ” and e in section 84 10 the words from “and this expression” to the end 15 were omitted 92 Extra-territorial application of Part 4 1 A retention notice and any requirement or restriction imposed by virtue of a retention notice or by section 87 88 or 90 1 to 3 may relate to conduct outside the United Kingdom and persons outside the United Kingdom 20 2 But section 90 5 so far as relating to those requirements or restrictions does not apply to a person outside the United Kingdom 93 Part 4 interpretation 1 In this Part— “notice” means notice in writing 25 “relevant communications data” has the meaning given by section 84 10 “retention notice” has the meaning given by section 84 1 2 See also— section section section section 237 238 239 240 telecommunications definitions postal definitions general definitions index of defined expressions 30 PART 5 EQUIPMENT INTERFERENCE Warrants under this Part 94 Warrants under this Part general 1 There are two kinds of warrants which may be issued under this Part— a targeted equipment interference warrants see subsection 2 b targeted examination warrants see subsection 9 35 72 Investigatory Powers Bill Part 5 — Equipment interference 2 A targeted equipment interference warrant is a warrant which authorises or requires the person to whom it is addressed to secure interference with any equipment for the purpose of obtaining— a communications see section 127 b equipment data see section 95 5 c any other information 3 A targeted equipment interference warrant— a must also authorise or require the person to whom it is addressed to secure the obtaining of the communications equipment data or other information to which the warrant relates 10 b may also authorise that person to secure the disclosure in any manner described in the warrant of anything obtained under the warrant by virtue of paragraph a 4 The reference in subsections 2 and 3 to the obtaining of communications or other information includes doing so by— 15 a monitoring observing or listening to a person’s communications or other activities b recording anything which is monitored observed or listened to 5 A targeted equipment interference warrant also authorises the following conduct in addition to the conduct described in the warrant — 20 a any conduct which it is necessary to undertake in order to do what is expressly authorised or required by the warrant including conduct for securing the obtaining of communications equipment data or other information b any conduct by any person which is conduct in pursuance of25 a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance in giving effect to the warrant 6 A targeted equipment interference warrant may not by virtue of subsection 3 authorise or require a person to engage in conduct in relation30 to a communication other than a stored communication which would unless done with lawful authority constitute an offence under section 3 1 unlawful interception 7 Subsection 5 a does not authorise a person to engage in conduct which could not be expressly authorised under the warrant because of the restriction 35 imposed by subsection 6 8 In subsection 6 “stored communication” means a communication stored in or by a telecommunication system whether before or after its transmission 9 A targeted examination warrant is a warrant which authorises the person to whom it is addressed to carry out the selection of protected material obtained 40 under a bulk equipment interference warrant for examination in breach of the prohibition in section 179 4 prohibition on seeking to identify communications of or private information relating to individuals in the British Islands In this Part “protected material” in relation to a targeted examination warrant 45 means any material obtained under a bulk equipment interference warrant under Chapter 3 of Part 6 other than material which is— a equipment data Investigatory Powers Bill Part 5 — Equipment interference 73 b information other than a communication or equipment data which is not private information 10 For provision enabling the combination of targeted equipment interference warrants with certain other warrants or authorisations including targeted examination warrants see Schedule 8 5 11 Any conduct which is carried out in accordance with a warrant under this Part is lawful for all purposes 95 Meaning of “equipment data” 1 In this Part “equipment data” means— a systems data b data which falls within subsection 2 10 2 The data falling within this subsection is identifying data which— a is for the purposes of a relevant system comprised in included as part of attached to or logically associated with a communication whether by the sender or otherwise or any other item of information 15 b is capable of being logically separated from the remainder of the communication or the item of information and c if it were so separated would not reveal anything of what might reasonably be considered to be the meaning if any of the communication or the item of information disregarding any meaning 20 arising from the fact of the communication or the existence of the item of information or from any data relating to that fact 3 In subsection 2 “relevant system” means any system on or by means of which the data is held 4 For the meaning of “systems data” and “identifying data” see section 239 25 96 Subject-matter of warrants 1 A targeted equipment interference warrant may relate to any one or more of the following matters— a equipment belonging to used by or in the possession of a particular person or organisation 30 b equipment belonging to used by or in the possession of a group of persons who share a common purpose or who carry on or may carry on a particular activity c equipment belonging to used by or in the possession of more than one person or organisation where the interference is for the purpose of35 a single investigation or operation d equipment in a particular location e equipment in more than one location where the interference is for the purpose of a single investigation or operation f equipment which is being or may be used for the purposes40 of a particular activity or activities of a particular description g equipment which is being or may be used to test maintain or develop capabilities relating to interference with equipment for the purpose of obtaining communications equipment data or other information 74 Investigatory Powers Bill Part 5 — Equipment interference h equipment which is being or may be used for the training of persons who carry out or are likely to carry out such interference with equipment 2 A targeted examination warrant may relate to any one or more of the following matters— 5 a a particular person or organisation b a group of persons who share a common purpose or who carry on or may carry on a particular activity c more than one person or organisation where the conduct authorised by the warrant is for the purpose of a single investigation or operation 10 d the testing maintenance or development of capabilities relating to the selection of protected material for examination e the training of persons who carry out or are likely to carry out the selection of such material for examination Power to issue warrants 97 15 Power to issue warrants to intelligence services the Secretary of State 1 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a targeted equipment interference warrant if— a the Secretary of State considers that the warrant is necessary on grounds falling within subsection 5 20 b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct c the Secretary of State considers that satisfactory arrangements made for the purposes of sections 122 and 123 safeguards relating to disclosure 25 etc are in force in relation to the warrant and d except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 2 But the Secretary of State may not issue a targeted equipment interference 30 warrant under subsection 1 if— a the Secretary of State considers that the only ground for considering the warrant to be necessary is for the purpose of preventing or detecting serious crime and b the warrant if issued would authorise interferenceonly with 35 equipment which would be in Scotland at the time of the issue of the warrant or which the Secretary of State believes would be in Scotland at that time For the power of the Scottish Ministers to issue a targetedequipment interference warrant see section 98 40 3 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a targeted examination warrant if— a the Secretary of State considers that the warrant is necessary on grounds falling within subsection 5 b the Secretary of State considers that the conduct authorised 45 by the warrant is proportionate to what is sought to be achieved by that conduct Investigatory Powers Bill Part 5 — Equipment interference 75 c the Secretary of State considers that the warrant is or may be necessary to authorise the selection of protected material for examination in breach of the prohibition in section 179 4 prohibition on seeking to identify communicationsof or private information relating to individuals in the British Islands and 5 d except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 4 But the Secretary of State may not issue a targeted examination warrant under subsection 3 if the warrant if issued would relate only to a person 10 who would be in Scotland at the time of the issue of the warrant or whom the Secretary of State believes would be in Scotland at that time For the power of the Scottish Ministers to issue a targeted examination warrant see section 98 5 A warrant is necessary on grounds falling within this subsection if 15 it is necessary— a in the interests of national security b for the purpose of preventing or detecting serious crime or c in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national 20 security 6 A warrant may be considerednecessaryon the ground falling within subsection 5 c only if the interference with equipment which would be authorised by the warrant is considered necessary for the purpose of obtaining information relating to the acts or intentions of persons outside the25British Islands 7 The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary on grounds falling within subsection 5 30 8 An application for the issue of a warrant under this section may only be made on behalf of the head of an intelligence service by a person holding office under the Crown 9 Nothing in subsection 2 or 4 prevents the Secretary of State from doing anything under this section for the purposes specified in section 2 2 of the 35 European Communities Act 1972 98 Power to issue warrants to intelligence services the Scottish Ministers 1 The Scottish Ministers may on an application made by or on behalf of the head of an intelligence service issue a targeted equipment interference warrant if— a the warrant authorises interference only with equipment which is in 40 Scotland at the time the warrant is issued or which the Scottish Ministers believe to be in Scotland at that time b the Scottish Ministers consider that the warrant is necessary for the purpose of preventing or detecting serious crime c the Scottish Ministers consider that the conduct authorised by45the warrant is proportionate to what is sought to be achieved by that conduct 76 Investigatory Powers Bill Part 5 — Equipment interference d the Scottish Ministers consider that satisfactory arrangements made for the purposes of sections 122 and 123 safeguards relating to disclosure etc are in force in relation to the warrant and e except where the Scottish Ministers consider that there is an urgent need to issue the warrant the decision to issue the warrant has been 5 approved by a Judicial Commissioner 2 The Scottish Ministers may on an application made by or on behalf of the head of an intelligence service issue a targeted examination warrant if— a the warrant relates only to a person who is in Scotland or whom the Scottish Ministers believe to be in Scotland at the time of the issue 10of the warrant b the Scottish Ministers consider that the warrant is necessary for the purpose of preventing or detecting serious crime c the Scottish Ministers consider that the conduct authorised by the warrant is proportionate to what is sought to be achieved by15 that conduct d the Scottish Ministers consider that the warrant is or may be necessary to authorisethe selectionof protectedmaterial in breach of the prohibition in section 179 4 prohibition on seeking to identify communications of or private information relating to individuals in 20 the British Islands and e except where the Scottish Ministers consider that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 3 The fact that the information which would be obtained under a warrant relates 25 to the activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary as mentioned in subsection 1 b or 2 b 4 An application for the issue of a warrant under this section may only be made on behalf of the head of an intelligence service by a person holding office30 under the Crown 99 Power to issue warrants to the Chief of Defence Intelligence 1 The Secretary of State may on an application made by or on behalf of the Chief of Defence Intelligence issue a targeted equipment interference warrant if— a the Secretary of State considers that the warrant is necessary 35in the interests of national security b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct c the Secretary of State considers that satisfactory arrangements made 40 for the purposes of sections 122 and 123 safeguards relating to disclosure etc are in force in relation to the warrant and d except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 45 2 The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary as mentioned in subsection 1 a Investigatory Powers Bill Part 5 — Equipment interference 77 3 An application for the issue of a warrant under this section may only be made on behalf of the Chief of Defence Intelligence by a person holding office under the Crown 100 Decision to issue warrants under sections 97 to 99 to be taken personally by Ministers 5 1 The decision to issue a warrant under section 97 or 99 must be taken personally by the Secretary of State 2 The decision to issue a warrant under section 98 must be taken personally by a member of the Scottish Government 3 Before a warrant under section 97 98 or 99 is issued it must be signed by 10the person who has taken the decision to issue it subject to subsection 4 4 If it is not reasonably practicable for a warrant to be signed by the person who has taken the decision to issue it the warrant may be signed by a senior official designated by the Secretary of State or as the case may be the Scottish Ministers for that purpose 15 5 In such a case the warrant must contain a statement that— a it is not reasonably practicable for the warrant to be signed by the person who took the decision to issue it and b the Secretary of State or as the case may be a member of the Scottish Government has personally and expressly authorised the issue of the 20 warrant 101 Power to issue warrants to law enforcement officers 1 A law enforcement chief described in Part 1 or 2 of the table in Schedule 6 may on an application made by a person who is an appropriate law enforcement officer in relation to the chief issue a targeted equipment interference warrant 25 if— a the law enforcement chief considers that the warrant is necessary for the purpose of preventing or detecting serious crime b the law enforcement chief considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by30 that conduct c the law enforcement chief considers that satisfactory arrangements made for the purposes of sections 122 and 123 safeguards relating to disclosure etc are in force in relation to the warrant and d except where the law enforcement chief considers that there 35 is an urgent need to issue the warrant the decision to issue the warrant has been approved by a Judicial Commissioner 2 The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary as mentioned in subsection 1 a 40 3 A law enforcement chief described in Part 1 of the table in Schedule 6 may on an application made by a person who is an appropriate law enforcement officer in relation to the chief issue a targeted equipment interference warrant if— a the law enforcement chief considers that the warrant is necessary for the purpose of preventing death or any injury or damage to a person’s 45 78 Investigatory Powers Bill Part 5 — Equipment interference physical or mental health or of mitigating any injury or damage to a person’s physical or mental health b the law enforcement chief considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct 5 c the law enforcement chief considers that satisfactory arrangements made for the purposes of sections 122 and 123 safeguards relating to disclosure etc are in force in relation to the warrant and d except where the law enforcement chief considers that there is an urgent need to issue the warrant the decision to issue the warrant10 has been approved by a Judicial Commissioner 4 If it is not reasonably practicable for a law enforcement chief to consider an application under this section an appropriate delegate may in an urgent case exercise the power to issue a targeted equipment interference warrant 5 For the purposes of this section— 15 a a person is a law enforcement chief if the person is listed in the first column of the table in Schedule 6 b a person is an appropriate delegate in relation to a law enforcement chief listed in the first column if the person is listed in the corresponding entry in the second column of that table 20 c a person is an appropriate law enforcement officer in relation to a law enforcement chief listed in the first column if the person is listed in the corresponding entry in the third column of that table 6 Where the law enforcement chief is the Chief Constable or the Deputy Chief Constable of the Police Service of Northern Ireland the reference in subsection 25 1 a to the purpose of preventing or detecting serious crime includes a reference to the interests of national security 7 A law enforcement chief who is an immigration officer may consider that the condition in subsection 1 a is satisfied only if the serious crime relates to an offence which is an immigration or nationality offence whether or not it also 30 relates to other offences 8 A law enforcement chief who is an officer of Revenue and Customs may consider that the condition in subsection 1 a is satisfied only if the serious crime relates to an assigned matter within the meaning of section 1 1 of the Customs and Excise Management Act 1979 35 9 A law enforcement chief who is a designated customs official may consider that the condition in subsection 1 a is satisfied only if the serious crime relates to a matter in respect of which a designated customs official has functions 10 A law enforcement chief who is the chair of the Competition and Markets 40 Authority may consider that the condition in subsection 1 a is satisfied only if the offence or all of the offences to which the serious crime relates are offences under section 188 of the Enterprise Act 2002 11 A law enforcement chief who is the chairman or a deputy chairman of the Independent Police Complaints Commission may consider that the condition 45 in subsection 1 a is satisfied only if the offence or all of the offences to which the serious crime relates are offences that are being investigated as part of an investigation by the Commission under Schedule 3 to the Police Reform Act 2002 Investigatory Powers Bill Part 5 — Equipment interference 79 12 A law enforcementchief who is the Police Investigationsand Review Commissioner may consider that the condition in subsection 1 a is satisfied only if the offence or all of the offences to which the serious crime relates are offences that are being investigated under section 33A b i of the Police Public Order and Criminal Justice Scotland Act 2006 5 13 For the purpose of subsection 7 an offence is an immigration or nationality offence if conduct constituting the offence— a relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter transit across or be in the United Kingdom including conduct which relates to conditions or other 10 controls on any such entitlement or b is undertaken for the purposes of or otherwise in relation to— i the British Nationality Act 1981 ii the Hong Kong Act 1985 iii the Hong Kong War Wives and Widows Act 1996 15 iv the British Nationality Hong Kong Act 1997 v the British Overseas Territories Act 2002 vi an instrument made under any of those Acts 14 In this section— “designated customs official” has the same meaning as in Part 1 of the 20 Borders Citizenship and Immigration Act 2009 see section 14 6 of that Act “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 102 Restriction on issue of warrants to certain law enforcement officers 25 1 A law enforcement chief specified in subsection 2 may not issue a targeted equipment interference warrant under section 101 unless the law enforcement chief considers that there is a British Islands connection 2 The law enforcement chiefs specified in this subsection are— a the Chief Constable of a police force maintained under section 2 of30 the Police Act 1996 b the Commissioner or an Assistant Commissioner of the metropolitan police force c the Commissioner of Police for the City of London d the chief constable of the Police Service of Scotland 35 e the Chief Constable or a Deputy Chief Constable of the Police Service of Northern Ireland f the Chief Constable of the British Transport Police Force g the Chief Constable of the Ministry for Defence Police h the chairman or a deputy chairman of the IndependentPolice 40 Complaints Commission i the Police Investigations and Review Commissioner 3 The Director General of the National Crime Agency may not issue a targeted equipment interferencewarrant on the application of a member of a collaborative police force unless the Director General considers that there 45is a British Islands connection 80 Investigatory Powers Bill Part 5 — Equipment interference “Collaborative police force” has the meaning given by paragraph 2 of Part 3 of Schedule 6 4 For the purpose of this section there is a British Islands connection if— a any of the conduct authorised by the warrant would take place in the British Islands regardless of the location of the equipment that would 5 or may be interfered with b any of the equipment which would or may be interfered with would or may be in the British Islands at some time while the interference is taking place or c a purpose of the interference is to obtain— 10 i communications sent by or to a person who is or whom the law enforcement officer believes to be for the time being in the British Islands ii information relating to an individual who is or whom the law enforcement officer believes to be for the time being in 15 the British Islands or iii equipment data which forms part of or is connected with communications or information falling within sub-paragraph i or ii 5 Except as provided by subsections 1 to 3 a targeted equipment interference 20 warrant may be issued under section 101 whether or not the person who has power to issue the warrant considers that there is a British Islands connection Approval of warrants by Judicial Commissioners 103 Approval of warrants by Judicial Commissioners 1 In deciding whether to approve a person’s decision to issue a warrant under 25 this Part a Judicial Commissioner must review the person’s conclusions as to the following matters— a whether the warrant is necessaryon any relevant grounds see subsection 3 and b whether the conduct which would be authorised by the warrant 30 is proportionate to what is sought to be achieved by that conduct 2 In doing so the Judicial Commissioner must— a apply the same principles as would be applied by a court on an application for judicial review and b consider the matters referred to in subsection 1 with a sufficient 35 degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 general duties in relation to privacy 3 In subsection 1 a “relevant grounds” means— a in the case of a decision to issue a warrant under section 97 grounds 40 falling within section 97 5 b in the case of a decision to issue a warrant under section 98 the purpose of preventing or detecting serious crime c in the case of a decision to issue a warrant under section 99 the interests of national security 45 Investigatory Powers Bill Part 5 — Equipment interference 81 d in the case of a decision to issue a warrant under section 101 1 the purpose mentioned in section 101 1 a e in the case of a decision to issue a warrant under section 101 3 the purpose mentioned in section 101 3 a 4 Where a Judicial Commissioner refuses to approve a person’s decision to issue 5 a warrant under this Part the Judicial Commissioner must give the person written reasons for the refusal 5 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a person’s decision to issue a warrant under this Part the person may ask the Investigatory Powers Commissioner to decide 10 whether to approve the decision to issue the warrant 104 Approval of warrants issued in urgent cases 1 This section applies where— a a warrant under this Part is issued without the approval of a Judicial Commissioner and 15 b the person who issued the warrant considered that there was an urgent need to issue it 2 The person who issued the warrant must inform a Judicial Commissioner that it has been issued 3 The Judicial Commissioner must before the end of the relevant period— 20 a decide whether to approve the decision to issue the warrant and b notify the person of the Judicial Commissioner’s decision “The relevant period” means the period ending with the third working day after the day on which the warrant was issued 4 If a Judicial Commissioner refuses to approve the decision to issue a warrant 25 the warrant— a ceases to have effect unless already cancelled and b may not be renewed 5 Section 105 contains further provision about what happens if a Judicial Commissioner refuses to approve the decision to issue a warrant 30 105 Failure to approve warrant issued in urgent case 1 This section applies where under section 104 3 a Judicial Commissioner refuses to approve the decision to issue a warrant 2 The person to whom the warrant was addressed must so far as is reasonably practicable secure that anything in the process of being done under 35 the warrant stops as soon as possible 3 Where the refusal relates to a targeted equipment interference warrant the Judicial Commissioner may— a authorise further interference with equipment for the purpose of enabling the person to whom the warrant was addressed to secure40 that anything in the process of being done under the warrant stops as soon as possible b direct that any of the material obtained under the warrant is destroyed c impose conditions as to the use or retention of any of that material 82 Investigatory Powers Bill Part 5 — Equipment interference 4 Where the refusal relates to a targeted examination warrant the Judicial Commissioner may impose conditions as to the use of any protected material selected for examination under the warrant 5 The Judicial Commissioner— a may require an affected party to make representations about how the 5 Judicial Commissioner should exercise any function under subsection 3 or 4 and b must have regard to any such representations made by an affected party whether or not as a result of a requirement imposed under paragraph a 10 6 Each of the following is an “affected party” for the purposes of subsection 5 — a the person who decided to issue the warrant b the person to whom the warrant was addressed 7 The person who decided to issue the warrant may ask the Investigatory Powers Commissioner to review a decision made by any other Judicial 15 Commissioner under subsection 3 or 4 8 On a review under subsection 7 the Investigatory Powers Commissioner may— a confirm the Judicial Commissioner’s decision or b make a fresh determination 20 9 Nothing in this section or section 104 affects the lawfulness of— a anything done under the warrant before it ceases to have effect b if anything is in the process of being done under the warrant when it ceases to have effect— i anything done before that thing could be stopped or 25 ii anything done that it is not reasonably practicable to stop Additional safeguards 106 Members of Parliament etc 1 Subsection 3 applies where— a an application is made to the Secretaryof State for a targeted 30 equipment interference warrant and b the purpose of the warrant is to obtain— i communications sent by or intended for a person who is a member of a relevant legislature or ii a member of a relevant legislature’s private information 35 2 Subsection 3 also applies where— a an application is made to the Secretaryof State for a targeted examination warrant and b the purpose of the warrant is to authorise the selection for examination of protected material which consists of— 40 i communications sent by or intended for a person who is a member of a relevant legislature or ii a member of a relevant legislature’s private information Investigatory Powers Bill Part 5 — Equipment interference 83 3 The Secretary of State may not issue the warrant without the approval of the Prime Minister 4 Subsection 5 applies where— a an application is made under section 101 to a law enforcement chief for a targeted equipment interference warrant and 5 b the purpose of the warrant is to obtain— i communications sent by or intended for a person who is a member of a relevant legislature or ii a member of a relevant legislature’s private information 5 The law enforcement chief may not issue the warrant without the approval 10of the Secretary of State unless the law enforcement chief believes that the warrant if issued would authorise interference only with equipment which would be in Scotland at the time of the issue of the warrant or which the law enforcement chief believes would be in Scotland at that time 6 The Secretary of State may give approval for the purposes of subsection 15 5 only with the approval of the Prime Minister 7 In a case where the decision whether to issue a targeted equipment interference warrant is to be taken by an appropriate delegate in relation to a law enforcement chief under section 101 4 the reference in subsection 5 to the law enforcement chief is to be read as a reference to the appropriate delegate 20 8 In this section “member of a relevant legislature” means— a a member of either House of Parliament b a member of the Scottish Parliament c a member of the National Assembly for Wales d a member of the Northern Ireland Assembly 25 e a member of the European Parliament elected for the United Kingdom 107 Items subject to legal privilege 1 Subsections 2 and 3 apply if— a an application is made for a warrant under this Part and b the purpose or one of the purposes of the warrant is— 30 i in the case of a targeted equipment interference warrant to authorise or require interferencewith equipment for the purpose of obtaining items subject to legal privilege or ii in the case of a targeted examination warrant to authorise the selection of such items for examination 35 2 The application must contain a statement that the purpose or one of the purposes of the warrant is to authorise or require interference with equipment for the purpose of obtaining items subject to legal privilege or in the case of a targeted examination warrant the selection for examination of items subject to legal privilege 40 3 The person to whom the application is made may issue the warrant only if the person considers— a that there are exceptional and compelling circumstances which make it necessary to authorise or require interference with equipment for the purpose of obtaining items subject to legal privilege or in the case45 of a 84 Investigatory Powers Bill Part 5 — Equipment interference targeted examination warrant the selection for examination of items subject to legal privilege and b that the arrangements made for the purposes of section 122 or as the case may be section 177 safeguardsrelating to retention and disclosure of material include specific arrangements for the handling 5 retention use and destruction of such items 4 Subsections 5 and 6 apply if— a an application is made for a warrant under this Part b the applicant considers that the relevant material is likely to include items subject to legal privilege and 10 c subsections 2 and 3 do not apply 5 The application must contain— a a statement that the applicant considers that the relevant material is likely to include items subject to legal privilege and b an assessment of how likely it is that the relevant material will include 15 such items 6 The person to whom the application is made may issue the warrant only if the person considers that the arrangements made for the purposes of section 122 or as the case may be section 177 include specific arrangements for the handling retention use and destruction of items subject to legal privilege 20 7 In this section “relevant material” means— a in relation to a targeted equipment interference warrant any material the obtaining of which is authorised or required under the warrant b in relation to a targeted examination warrant any protected material which the warrant authorises to be selected for examination 25 Further provision about warrants 108 Requirements that must be met by warrants 1 A warrant under this Part must contain a provision stating whether it is a targeted equipment interference warrant or a targeted examination warrant 2 A warrant under this Part must be addressed— 30 a in the case of a warrant issued under section 97 or 98 to the head of the intelligence service by whom or on whose behalf the application for the warrant was made b in the case of a warrant issued under section 99 to the Chief of Defence Intelligence 35 c in the case of a warrant issued under section 101 by a law enforcement chief or by an appropriate delegate in relation to a law enforcement chief to a person who— i is an appropriate law enforcement officer in relation to the law enforcement chief and 40 ii is named or described in the warrant 3 In the case of a targeted equipment interference warrant which relates to a matter described in the first column of the Table below the warrant must include the details specified in the second column 85 Investigatory Powers Bill Part 5 — Equipment interference Matter Details to be included in the warrant Equipment belonging to The name of the person or used by or in the possessionorganisation or a description of a particular person or of the person or organisation organisation Equipment belonging to A description of the purpose used by or in the possessionor activity and the name of of persons who form a or a description of as many group which shares a of the persons as it is common purpose or who reasonably practicable to carry on or may carry on aname or describe particular activity Equipment used by or in theA description of the nature possession of more than one of the investigation or person or organisation operation and the name of where the interference is foror a description of as many the purpose of a single of the persons or investigation or operation organisations as it is reasonably practicable to name or describe 5 10 15 20 Equipment in a particular A description of the location location Equipment in more than one A description of the nature location where the of the investigation or interference is for the operation and a description purpose of a single of as many of the locations investigation or operation as it is reasonably practicable to describe Equipment which is being A description of or may be used for the particular activity purposes of a particular activities activity or activities of a particular description the or 25 30 Equipment which is being A description of the nature or may be used to test of the testing maintenance maintain or develop or development of capabilities relating to capabilities interference with equipment 35 Equipment which is being A description of the nature or may be used for the of the training training of persons who carry out or are likely to carry out interference with equipment 40 4 A targeted equipment interference warrant must also describe— 45 86 Investigatory Powers Bill Part 5 — Equipment interference a the type of equipment which is to be interfered with and b the conduct which the person to whom the warrant is addressed is authorised to take 5 In the case of a targeted examination warrant which relates to a matter described in the first column of the Table below the warrant must include 5the details specified in the second column Matter A particular person or organisation Details to be included in the warrant The name of the person or organisation or a description of the person or organisation A group of persons who A description of the purpose share a common purpose oror activity and the name of who carry on or may carry or a description of as many on a particular activity of the persons as it is reasonably practicable to name or describe More than one person or organisation where the interference is for the purpose of a single investigation or operation A description of the nature of the investigation or operation and the name of or a description of as many of the persons or organisations as it is reasonably practicable to name or describe 10 15 20 25 The testing maintenance Aordescription of the nature development of capabilities of the testing maintenance relating to the selection of or development of protected material for capabilities examination 30 The training of persons whoA description of the nature carry out or are likely to of the training carry out the selectionof protected material for examination 35 109 Duration of warrants 1 A warrant issued under this Part ceases to have effect at the end of the relevant period see subsection 2 unless— a it is renewed before the end of that period see section 110 or b it is cancelled or otherwise ceases to have effect before the end of40 that period see sections 104 and 118 2 In this section “the relevant period”— Investigatory Powers Bill Part 5 — Equipment interference 87 a in the case of an urgent warrant which has not been renewed means the period ending with the fifth working day after the day on which the warrant was issued b in any other case means the period of 6 months beginning with— i the day on which the warrant was issued or 5 ii in the case of a warrant which has been renewed the day after the day at the end of which the warrant would have ceased to have effect if it had not been renewed 3 For the purposes of subsection 2 a a warrant is an “urgent warrant” if— a the warrant was issued without the approval of a Judicial 10 Commissioner and b the person who decided to issue the warrant considered that there was an urgent need to issue it 110 Renewal of warrants 1 If the renewal conditions are met a warrant issued under this Part may 15 be renewed at any time during the renewal period by an instrument issued by the appropriate person see subsection 3 2 The renewal conditions are— a that the appropriate person considers that the warrant continues to be necessary on any relevant grounds 20 b that the appropriate person considers that the conduct that would be authorised by the warrant continues to be proportionate to what is sought to be achieved by that conduct c that in the case of a targeted examination warrant the appropriate person considers that the warrant continues to be necessaryto 25 authorise the selection of protected material for examination in breach of the prohibition in section 179 4 and d that the decision to renew the warrant has been approved by a Judicial Commissioner 3 The appropriate person is— 30 a in the case of a warrant issued under section 97 or 99 the Secretary of State b in the case of a warrant issued under section 98 a member of the Scottish Government c in the case of a warrant issued under section 101 by a law enforcement 35 chief or by an appropriate delegate in relation to the law enforcement chief either— i the law enforcement chief or ii if the warrant was issued by an appropriate delegate that person 40 4 In subsection 2 a “relevant grounds” means— a in the case of a warrant issued under section 97 grounds falling within section 97 5 b in the case of a warrant issued under section 98 the purpose of preventing or detecting serious crime 45 c in the case of a warrant issued under section 99 the interests of national security 88 Investigatory Powers Bill Part 5 — Equipment interference d in the case of a warrant to be issued under section 101 1 the purpose mentioned in section 101 1 a or e in the case of a warrant to be issued under section 101 3 the purpose mentioned in section 101 3 a 5 “The renewal period” means— 5 a in the case of an urgent warrant which has not been renewed the relevant period b in any other case the period of 30 days ending with the day at the end of which the warrant would otherwise cease to have effect 6 The decision to renew a warrant issued under section 97 or 99 must be taken 10 personally by the Secretary of State and the instrument renewing the warrant must be signed by the Secretary of State 7 The decision to renew a warrant issued under section 98 must be taken personally by a member of the Scottish Government and the instrument renewing the warrant must be signed by the person who took that decision 15 8 The instrument renewing a warrant issued under section 101 must be signed by the person who renews it 9 Section 103 approval of warrants by Judicial Commissioners applies in relation to a decision to renew a warrant under this Part as it applies in relation to a decision to issue such a warrant and accordingly any reference in that 20 section to the person who decided to issue the warrant is to be read as a reference to the person who decided to renew it 10 Sections 106 Members of Parliament etc and 107 items subject to legal privilege apply in relation to a decision to renew a warrant under this Part as they apply in relation to a decision to issue such a warrant 25 11 In this section— “relevant period” has the same meaning as in section 109 “urgent warrant” is to be read in accordance with subsection 3 of that section 111 Modification of warrants issued by the Secretary of State or Scottish 30 Ministers 1 The provisions of a warrant issued under section 97 98 or 99 may be modified at any time by an instrument issued by the person making the modification 2 The only modifications which may be made under this section are— a adding to the matters to which the warrant relates see section 96 1 35 and 2 by including the details required in relation to that matter by section 108 3 or 5 b removing a matter to which the warrant relates c adding in relation to a matter to which the warrant relates a name or description to the names or descriptions included in the warrant 40 in accordance with section 108 3 or 5 d varying or removing in relation to a matter to which the warrant relates a name or description included in the warrant in accordance with section 108 3 or 5 e adding to the descriptions of types of equipment included in 45 the warrant in accordance with section 108 4 a Investigatory Powers Bill Part 5 — Equipment interference 89 f varying or removing a description of a type of equipment included in the warrant in accordance with section 108 4 a 3 But— a where a targeted equipment interference warrant relates only to a matter specified in section 96 1 a only to a matter specified in section 5 96 1 d or only to both such matters the details included in the warrant in accordance with section 108 3 may not be modified b where a targeted examination warrant relates only to a matter specified in section 96 2 a the details included in the warrant in accordance with section 108 5 may not be modified 10 4 The decision to modify the provisions of a warrant must be taken personally by the person making the modification and the instrument making the modification must be signed by that person This is subject to section 113 7 5 Nothing in this section applies in relation to modifying the provisions 15 of a warrant in a way which does not affect the conduct authorised or required by it 6 Sections 112 to 115 contain further provision about making modifications under this section 112 Persons who may make modifications under section 111 20 1 The persons who may make modifications under section 111 of a warrant are subject to subsection 2 — a in the case of a warrant issued by the Secretary of State under section 97 or 99— i the Secretary of State or 25 ii a senior official acting on behalf of the Secretary of State b in the case of a warrant issued by the Scottish Ministers under section 98— i a member of the Scottish Government or ii a senior official acting on behalf of the Scottish Ministers 30 2 Any of the following persons may also make modifications under section 111 of a warrant but only where the person considers that there is an urgent need to make the modification— a the person to whom the warrant is addressed b a person who holds a senior position in the same public authority as 35the person mentioned in paragraph a Section 115 contains provision about the approval of modifications made in urgent cases 3 Subsection 2 is subject to section 113 4 and 5 special rules where sections 106 and 107 apply in relation to the making of a modification under section 40 111 4 For the purposes of subsection 2 b a person holds a senior position in a public authority if— a in the case of any of the intelligence services— 90 Investigatory Powers Bill Part 5 — Equipment interference i the person is a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service or ii the person holds a position in the intelligenceservice of equivalent seniority to such a person 5 b in the case of the Ministry of Defence— i the person is a member of the Senior Civil Service or ii the person is of or above the rank of brigadier commodore or air commodore 113 Further provision about modifications under section 111 10 1 A modification other than a modification removing any matter name or description may be made under section 111 only if the person making the modification considers— a that the modificationis necessaryon any relevant grounds see subsection 2 and 15 b that the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct 2 In subsection 1 a “relevant grounds” means— a in the case of a warrant issued under section 97 grounds falling within section 97 5 20 b in the case of a warrant issued under section 98 the purpose of preventing or detecting serious crime c in the case of a warrant issued under section 99 the interests of national security 3 Sections 106 Members of Parliament etc and 107 items subject 25 to legal privilege apply in relation to the making of a modification to a warrant under section 111 other than a modification removing any matter name or description as they apply in relation to the issuing of a warrant 4 Where section 106 applies in relation to the making of a modification— a the modification must be made by the Secretary of State and 30 b the modification has effect only if the decision to make the modification has been approved by a Judicial Commissioner 5 Where section 107 applies in relation to the making of a modification— a the modification must be made by — i the Secretary of State or in the case of a warrant issued by 35 the Scottish Ministers a member of the Scottish Government or ii if a senior official acting on behalf of a person within subparagraph i considers that there is an urgent need to make the modification that senior official and b except where the person making the modification considers that there 40 is an urgent need to make it the modification has effect only if the decision to make the modification has been approved by a Judicial Commissioner 6 In a case where section 106 or 107 applies in relation to the making of a modification section 103 approval of warrants by Judicial Commissioners 45 applies in relation to the decision to make the modification as it applies in relation to a decision to issue a warrant but as if— Investigatory Powers Bill Part 5 — Equipment interference 91 a the references in subsection 1 a and b of that section to the warrant were references to the modification and b any reference to the person who decided to issue the warrant were a reference to the person who decided to make the modification Section 115 contains provision about the approval of modifications made in 5 urgent cases 7 If in a case where section 106 or 107 applies in relation to the making of a modification it is not reasonably practicable for the instrument making the modification to be signed by the Secretary of State or as the case may be a member of the Scottish Government in accordance with section 111 4 10 the instrument may be signed by a senior official designated by the Secretary of State or as the case may be the Scottish Ministers for that purpose 8 In such a case the instrument making the modification must contain a statement that— a it is not reasonably practicable for the instrument to be signed by the 15 person who took the decision to make the modification and b the Secretary of State or as the case may be a member of the Scottish Government has personally and expressly authorised the making of the modification 114 Notification of modifications 20 1 As soon as is reasonably practicable after a person makes a modification of a warrant under section 111 a Judicial Commissioner must be notified of the modification and the reasons for making it 2 But subsection 1 does not apply where— a the modification is to remove any matter name or description included 25 in the warrant in accordance with section 108 3 to 5 b the modification is made by virtue of section 112 2 or c section 106 or 107 applies in relation to the making of the modification 3 Where a modification is made by a senior official in accordance with section 112 1 or section 113 5 a ii the Secretary of State or in the case of a 30 warrant issued by the Scottish Ministers a member of the Scottish Government must be notified personally of the modification and the reasons for making it 115 Approval of modifications under section 111 made in urgent cases 1 This section applies where a person makes a modification of a warrant by virtue of section 112 2 35 2 This section also applies where— a section 107 applies in relation to the making of a modification under section 111 b the person making the modification does so without the approval of a Judicial Commissioner and 40 c the person considered that there was an urgent need to make the modification 3 The person who made the modification must inform the appropriate person that it has been made 92 Investigatory Powers Bill Part 5 — Equipment interference 4 In this section— “the appropriate person” is— a in a case falling within subsection 1 a designated senior official and b in a case falling within subsection 2 a Judicial Commissioner 5 “designatedsenior official” means a senior official who has been designated by the Secretary of State or in the case of warrants issued by the Scottish Ministers the Scottish Ministers for the purposes of this section 5 The appropriate person must before the end of the relevant period— 10 a decide whether to approve the decision to make the modification and b notify the person of the appropriate person’s decision “The relevant period” means the period ending with the fifth working day after the day on which the modification was made 6 As soon as is reasonably practicable after a designated senior official makes 15 a decision under subsection 5 — a a Judicial Commissioner must be notified of— i the decision and ii if the senior official has decided to approve the decision to make the modification the modification in question and 20 b the Secretary of State or in the case of a warrant issued by the Scottish Ministers a member of the Scottish Government must be notified personally of the matters mentioned in paragraph a i and ii 7 If the appropriateperson refuses to approve the decision to make the modification— 25 a the warrant unless it no longer has effect has effect as if the modification had not been made and b the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant by virtue of that modification stops as soon 30as possible 8 In a case where the appropriate person refuses to approve a decision to make a modification of a targeted equipment interference warrant the appropriate person may authorise further interference with equipment for the purpose of enabling the person to whom the warrant is addressed to secure that anything 35 in the process of being done under the warrant by virtue of the modification stops as soon as possible 9 If the appropriate person authorises further interference with equipment under subsection 8 the Secretary of State or in the case of a warrant issued by the Scottish Ministers a member of the Scottish Government must 40 be notified personally of the authorisation 10 Nothing in this section affects the lawfulness of— a anything done under the warrant by virtue of the modification before the modification ceases to have effect b if anything is in the process of being done under the warrant by virtue 45 of the modification when the modification ceases to have effect— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop Investigatory Powers Bill Part 5 — Equipment interference 93 116 Modification of warrants issued by law enforcement chiefs 1 The provisions of a warrant issued under section 101 by a law enforcement chief or by an appropriate delegate in relation to that chief may be modified at any time— a by the law enforcement chief or 5 b if the warrant was issued by an appropriate delegate by that person 2 The only modifications which may be made under this section are— a adding to the matters to which the warrant relates see section 96 1 and 2 by including the details required in relation to that matter by section 108 3 or 5 10 b removing a matter to which the warrant relates c adding in relation to a matter to which the warrant relates a name or description to the names or descriptions included in the warrant in accordance with section 108 3 or 5 d varying or removing in relation to a matter to which the warrant 15 relates a name or description included in the warrant in accordance with section 108 3 or 5 e adding to the descriptions of types of equipment included in the warrant in accordance with section 108 4 a f varying or removing a description of a type of equipment included 20 in the warrant in accordance with section 108 4 a 3 But where a warrant relates only to a matter specified in section 96 1 a only to a matter specified in section 96 1 d or only to both such matters the details included in the warrant in accordance with section 108 3 may not be modified 4 A modification may be made only if— 25 a except in the case of a modification removing any matter name or description the person making the modification considers that— i the modification is necessary on any relevant grounds see subsection 5 and ii the conduct authorised by the modification is proportionate 30 to what is sought to be achieved by that conduct and b except where the person making the modification considers that there is an urgent need to make it the decision to make the modification has been approved by a Judicial Commissioner 5 In subsection 4 a “relevant grounds” means— 35 a in the case of a warrant issued under section 101 1 the purpose mentioned in section 101 1 a b in the case of a warrant issued under section 101 3 the purpose mentioned in section 101 3 a 6 The decision to make any modification must be taken personally by the person 40 making the modification and the instrument making the modification must be signed by that person 7 Section 103 approval of warrants by Judicial Commissioners applies in relation to a decision to make a modification of a warrant issued under section 101 as it applies in relation to a decision to issue such a warrant but as if— 45 a the references in subsection 1 a and b of that section to the warrant were references to the modification and 94 Investigatory Powers Bill Part 5 — Equipment interference b any reference to the person who decided to issue the warrant were a reference to the person who decided to make the modification 8 Sections 106 Members of Parliament etc and 107 items subject to legal privilege apply in relation to the making of a modification to a warrant under this section other than a modification removing any matter name or 5 description as they apply in relation to the issuing of a warrant 9 In the application of section 106 in accordance with subsection 8 subsection 5 is to be read as if for the words from “unless” to the end of the subsection there were substituted “unless the law enforcement chief believes that the warrant as modified would authorise interference only with equipment 10 which would be in Scotland at the time of the making of the modification or which the law enforcement chief believes would be in Scotland at that time” 10 Where section 106 applies in relation to the making of a modification to a warrant under this section subsection 4 b of this section has effect in relation to the making of the modification as if the words “except where the person 15 making the modification considers that there is an urgent need to make it” were omitted 11 Nothing in this section applies in relation to modifying the provisions of a warrant in a way which does not affect the conduct authorised or required by it 20 117 Approval of modifications under section 116 in urgent cases 1 This section applies where— a a modification is made under section 116 without the approval of a Judicial Commissioner and b the person who made the modification considered that there was an 25 urgent need to make it 2 The person who made the modification must inform a Judicial Commissioner that it has been made 3 The Judicial Commissioner must before the end of the relevant period— a decide whether to approve the decision to make the modification 30 and b notify the person of the Judicial Commissioner’s decision “The relevant period” means the period ending with the fifth working day after the day on which the modification was made 4 If the Judicial Commissioner refuses to approve the decision to make the modification— 35 a the person who issued the warrant must be notified of the refusal b the warrant unless it no longer has effect has effect as if the modification had not been made and c the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of40being done under the warrant by virtue of that modification stops as soon as possible 5 In a case where a Judicial Commissioner refuses to approve a decision to make a modification of a targeted equipment interference warrant the Judicial Commissioner may authorise further interference with equipment for45the purpose of enabling the person to whom the warrant is addressed to secure Investigatory Powers Bill Part 5 — Equipment interference 95 that anything in the process of being done under the warrant by virtue of the modification stops as soon as possible 6 If the Judicial Commissioner authorises further interference with equipment under subsection 5 the person who issued the warrant must be informed of the authorisation 5 7 Nothing in this section affects the lawfulness of— a anything done under the warrant by virtue of the modification before the modification ceases to have effect b if anything is in the process of being done under the warrant by virtue of the modification when the modification ceases to have effect— 10 i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 118 Cancellation of warrants 1 Any of the appropriate persons may cancel a warrant issued under this Part at any time 15 2 If any of the appropriate persons considers that— a a warrant issued under this Part is no longer necessary on any relevant grounds or b the conduct authorised by a warrant issued under this Part is no longer proportionate to what is sought to be achieved by the conduct 20 the person must cancel the warrant 3 In subsection 2 a “relevant grounds” means— a in the case of a warrant issued under section 97 grounds falling within section 97 5 b in the case of a warrant issued under section 98 the purpose 25 of preventing or detecting serious crime c in the case of a warrant issued under section 99 the interests of national security d in the case of a warrant issued under section 101 1 the purpose mentioned in section 101 1 a 30 e in the case of a warrant issued under section 101 3 the purpose mentioned in section 101 3 a 4 For the purposes of this section “the appropriate persons” are— a in the case of a warrant issued by the Secretary of State under section 97 or 99 the Secretary of State or a senior official acting on behalf of 35 the Secretary of State b in the case of a warrant issued by the Scottish Ministers under section 98 a member of the Scottish Government or a senior official acting on behalf of the Scottish Ministers c in the case of a warrant issued under section 101 by a law enforcement 40 chief or by an appropriate delegate in relation to the law enforcement chief either— i the law enforcement chief or ii if the warrant was issued by an appropriate delegate that person 45 96 Investigatory Powers Bill Part 5 — Equipment interference 5 Where a warrant is cancelled under this section the person to whom the warrant was addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant stops as soon as possible 6 A warrant that has been cancelled under this section may not be renewed 5 Implementation of warrants 119 Implementation of warrants 1 In giving effect to a targeted equipment interference warrant the person to whom it is addressed “the implementing authority” may in addition to acting alone act through or togetherwith such other persons as the 10 implementingauthority may require whether under subsection 2 or otherwise to provide the authority with assistance in giving effect to the warrant 2 For the purpose of requiring any person to provide assistance in relation to a targeted equipment interference warrant the implementing authority may— 15 a serve a copy of the warrant on any person whom the implementing authority considers may be able to provide such assistance or b make arrangements for the service of a copy of the warrant on any such person 3 A copy of a warrant may be served under subsection 2 on a person outside 20 the United Kingdom for the purpose of requiring the person to provide such assistance in the form of conduct outside the United Kingdom 4 For the purposes of this Act the provision of assistance in giving effect to a targetedequipmentinterferencewarrant includes any disclosure to the implementing authority or to persons acting on that person’s behalf 25 of material obtained under the warrant 5 The references in subsections 2 and 3 and sections 120 and 121 to the service of a copy of a warrant include— a the service of a copy of one or more schedules contained in the warrant with the omission of the remainder of the warrant and 30 b the service of a copy of the warrant with the omission of any schedule contained in it 120 Service of warrants 1 This section applies to the service of warrants under section 119 2 2 A copy of the warrant must be served in such a way as to bring the contents 35 of the warrant to the attention of the person who the implementing authority considers may be able to provide assistance in relation to it 3 A copy of a warrant may be served on a person outside the United Kingdom in any of the following ways as well as by electronic or other means of service — a by serving it at the person’s principal office within the United Kingdom 40 or if the person has no such office in the United Kingdom at any place in the United Kingdom where the person carries on business or conducts activities Investigatory Powers Bill Part 5 — Equipment interference 97 b if the person has specified an address in the United Kingdom as one at which the person or someone on the person’s behalf will accept service of documents of the same description as a copy of a warrant by serving it at that address c by making it available for inspection whether to the person or 5 to someone acting on the person’s behalf at a place in the United Kingdom but this is subject to subsection 4 4 A copy of a warrant may be served on a person outside the United Kingdom in the way mentioned in subsection 3 c only if— a it is not reasonably practicable for a copy to be served by any other 10 means whether as mentioned in subsection 3 a or b or otherwise and b the implementing authority takes such steps as it considers appropriate for the purpose of bringing the contents of the warrant and the availability of a copy for inspection to the attention of the person 15 5 The steps mentioned in subsection 4 b must be taken as soon as reasonably practicable after the copy of the warrant is made available for inspection 6 In this section “the implementing authority” has the same meaning as in section 119 121 Duty of telecommunications operators to assist with implementation 20 1 A telecommunications operator that has been served with a copy of a targeted equipment interference warrant issued by the Secretary of State under section 97 or 99 or by the Scottish Ministers under section 98 must take all steps for giving effect to the warrant which are notified to the telecommunications operator by or on behalf of the person to whom the warrant is addressed 25 2 A telecommunications operator that has been served with a copy of a targeted equipment interference warrant issued under section 101 and addressed to a law enforcement officer mentioned in subsection 3 must take all steps for giving effect to the warrant which— a were approved by the Secretary of State or in the case of a warrant 30 addressed to a constable of the Police Service of Scotland by the Scottish Ministers before the warrant was served and b are notified to the telecommunications operator by or on behalf of the law enforcement officer 3 The law enforcement officers mentioned in this subsection are— a a National Crime Agency officer b an officer of Revenue and Customs c a constable of the Police Service of Scotland d a member of the Police Service of Northern Ireland e a member of the metropolitan police force 35 40 4 The Secretary of State or the Scottish Ministers may give approval for the purposes of subsection 2 a if the Secretary of State or as the case may be the Scottish Ministers consider that— a it is necessary for the telecommunications operator to be required to take the steps and 45 b the steps are proportionate to what is sought to be achieved by them 98 Investigatory Powers Bill Part 5 — Equipment interference 5 A telecommunications operator is not required to take any steps which is not reasonably practicable for the telecommunications operator to take 6 Where obligations have been imposed on a telecommunications operator “P” under section 229 technical capability notices for the purposes of subsection 5 the steps which it is reasonably practicable for P to take include every 5 step which it would have been reasonably practicable for P to take if P had complied with all of those obligations 7 The duty imposed by subsection 1 or 2 is enforceable against a person in the United Kingdom by civil proceedingsby the Secretaryof State for an injunction or for specific performance of a statutory duty under section 45 10of the Court of Session Act 1988 or for any other appropriate relief Supplementary provision 122 Safeguards relating to retention and disclosure of material 1 The issuing authority must ensure in relation to every targeted equipment interference warrant issued by that authority that arrangements are in force 15 for securing that the requirements of subsections 2 and 5 are met in relation to the material obtained under the warrant This is subject to subsection 10 2 The requirements of this subsection are met in relation to the material obtained under a warrant if each of the following is limited to the minimum20that is necessary for the authorised purposes see subsection 3 — a the number of persons to whom any of the material is disclosed or otherwise made available b the extent to which any of the material is disclosed or otherwise made available 25 c the extent to which any of the material is copied d the number of copies that are made 3 For the purposes of subsection 2 something is necessary for the authorised purposes if and only if— a it is or is likely to become necessary on any relevant grounds 30 see subsection 7 b it is necessary for facilitating the carrying out of any functions under this Act of the Secretary of State the Scottish Ministers or the person to whom the warrant is or was addressed c it is necessary for facilitating the carrying out of any functions of the 35 Judicial Commissioners or of the Investigatory Powers Tribunal under or in relation to this Act d it is necessary for the purpose of legal proceedings or e it is necessary for the performance of the functions of any person under any enactment 40 4 The arrangements for the time being in force under this section for securing that the requirements of subsection 2 are met in relation to the material obtained under the warrant must include arrangements for securing that every copy made of any of that material is stored for so long as it is retained in a secure manner 45 Investigatory Powers Bill Part 5 — Equipment interference 99 5 The requirements of this subsection are met in relation to the material obtained under a warrant if every copy made of any of that material if not destroyed earlier is destroyed as soon as there are no longer any grounds for retaining it see subsection 6 6 For the purposes of subsection 5 there are no longer any grounds5 for retaining a copy of any material if and only if— a its retention is not necessary or not likely to become necessary on any relevant grounds see subsection 7 and b its retention is not necessary for any of the purposes mentioned in paragraphs b to e of subsection 3 above 10 7 In subsections 3 and 6 “relevant grounds” means— a in relation to a warrant issued under section 97 grounds falling within section 97 5 b in relation to a warrant issued under section 98 the purpose of preventing or detecting serious crime 15 c in relation to a warrant issued under section 99 the interests of national security d in the case of a warrant issued under section 101 1 the purpose mentioned in section 101 1 a e in the case of a warrant issued under section 101 3 the purpose 20 mentioned in section 101 3 a 8 Where an item subject to legal privilege is retained following its examination under a warrant issued under this Part the person retaining it must inform the Investigatory Powers Commissioner as soon as is reasonably practicable 9 Subsection 10 applies if— 25 a any material obtained under the warrant has been handed over to any overseas authorities or b a copy of any such material has been given to any overseas authorities 10 To the extent that the requirements of subsections 2 and 5 relate to any of the material mentioned in subsection 9 a or to the copy mentioned 30 in subsection 9 b the arrangements made for the purpose of this section are not required to secure that those requirements are met see instead section 123 11 In this section— “copy” in relation to material obtained under a warrant means any of the following whether or not in documentary form — 35 a any copy extract or summary of the material which identifies the material as having been obtained under the warrant and b any record which is a record of the identities of persons who owned used or were in possession of the equipment which was interfered with to obtain that material 40 and “copied” is to be read accordingly “the issuing authority” means— a in the case of a warrant issued under section 97 or 99 the Secretary of State b in the case of a warrant issued under section 98 the 45 Scottish Ministers 100 Investigatory Powers Bill Part 5 — Equipment interference c in the case of a warrant issued under section 101 the law enforcement chief who issued the warrant or on whose behalf it was issued “overseas authorities” means authorities of a country or territory outside the United Kingdom 5 123 Safeguards relating to disclosure of material overseas 1 The issuing authority must ensure in relation to every targeted equipment interference warrant that arrangements are in force for securing that— a any material obtained under the warrant is handed over to overseas authorities only if the requirements of subsection 2 are met and 10 b copies of any such material are given to overseas authorities only if those requirements are met 2 The requirements of this subsection are met in the case of a warrant if it appears to the issuing authority that requirements corresponding to the requirements of section 122 2 and 5 will apply to such extent if any as the15 issuing authority considers appropriate in relation to any of the material which is handed over or any copy of which is given to the authorities in question 3 In this section— “copy” has the same meaning as in section 122 “issuing authority” also has the same meaning as in that section 20 “overseas authorities” means authorities of a country or territory outside the United Kingdom 124 Duty not to make unauthorised disclosures 1 A person to whom this section applies must not make an unauthorised disclosure to another person 25 2 A person makes an unauthorised disclosure for the purposes of this section if— a the person discloses any of the matters within subsection 4 in relation to a warrant under this Part and b the disclosure is not an excepted disclosure see section 125 3 This section applies to the following persons— 30 a any person who may apply for a warrant under this Part b any person holding office under the Crown c any person employed by or for the purposes of a police force d any telecommunications operator e any person employed or engaged for the purposes of any business35 of a telecommunications operator f any person to whom any of the matters within subsection 4 have been disclosed in relation to a warrant under this Part 4 The matters referred to in subsection 2 a are— a the existence or contents of the warrant 40 b the details of the issue of the warrant or of any renewal or modification of the warrant c the existence or contents of any requirement to provide assistance in giving effect to the warrant Investigatory Powers Bill Part 5 — Equipment interference 101 d the steps taken in pursuance of the warrant or of any such requirement e any of the material obtained under the warrant in a form which identifies it as having been obtained under a warrant under this Part 125 Section 124 meaning of “excepted disclosure” 1 For the purposes of section 124 a disclosure made in relation to a warrant5is an excepted disclosure if it falls within any of the Heads set out in— a subsection 2 disclosures authorised by warrant etc b subsection 3 oversight bodies c subsection 4 legal proceedings d subsection 6 disclosures of a general nature 10 2 Head 1 is— a a disclosure authorised by the warrant b a disclosure authorised by the person to whom the warrant is or was addressed or under any arrangements made by that person for the purposes of this section 15 c a disclosure authorised by the terms of any requirement to provide assistance in giving effect to the warrant including any requirement for disclosure imposed by virtue of section 119 4 3 Head 2 is— a a disclosure made to or authorised by a Judicial Commissioner 20 b a disclosure made to the Independent Police Complaints Commission for the purposes of facilitating the carrying out of any of its functions c a disclosure made to the Intelligence and Security Committee of Parliament for the purposes of facilitating the carrying out of any of its functions 25 4 Head 3 is— a a disclosure made— i in contemplationof or in connection with any legal proceedings and ii for the purposes of those proceedings 30 b a disclosure made— i by a professional legal adviser “L” to L’s client or a representative of L’s client or ii by L’s client or by a representative of L’s client to L in connection with the giving by L to L’s client of advice about the35 effect of the provisions of this Part 5 But a disclosure within Head 3 is not an excepted disclosure if it is made with a view to furthering any criminal purpose 6 Head 4 is— a a disclosure which— 40 i is made by a telecommunications operator in accordance with a requirement imposed by regulations made by the Secretary of State and ii relates to the number of warrants under this Part to which the operator has given effect or has been involved in giving effect 45 102 Investigatory Powers Bill Part 5 — Equipment interference b a disclosure of information that does not relate to any particular warrant under this Part but relates to such warrants in general 126 Offence of making unauthorised disclosure 1 A person commits an offence if— a the person discloses any matter in breach of section 124 1 and 5 b the person knew that the disclosure was in breach of that section 2 A person who is guilty of an offence under this section is liable— a on summary conviction in England and Wales— i to imprisonment for a term not exceeding 12 months or 6 months if the offence was committed before the 10 commencement of section 154 1 of the Criminal Justice Act 2003 or ii to a fine or to both b on summary conviction in Scotland— 15 i to imprisonment for a term not exceeding 12 months or ii to a fine not exceeding the statutory maximum or to both c on summary conviction in Northern Ireland— i to imprisonment for a term not exceeding 6 months or 20 ii to a fine not exceeding the statutory maximum or to both d on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine or to both 3 In proceedings against any person for an offence under this section in respect 25 of any disclosure it is a defence for the person to show that the person could not reasonably have been expected after first becoming aware of the matter disclosed to take steps to prevent the disclosure 127 Part 5 interpretation 1 In this Part— 30 “communication” includes— a anything comprising speech music sounds visual images or data of any description and b signals serving either for the impartation of anything between persons between a person and a thing or between things or35 for the actuation or control of any apparatus “equipment” means equipment producing electromagnetic acoustic or other emissions or any device capable of being used in connection with such equipment “equipment data” has the meaning given by section 95 40 “private information” includes information relating to a person’s private or family life “protected material” in relation to a targeted examination warrant has the meaning given by section 94 9 “senior official” means— 45 103 Investigatory Powers Bill Part 5 — Equipment interference a in the case of a targeted equipment interference warrant which is or may be issued by the Secretaryof State or a law enforcement chief or in the case of a targeted examination warrant which is or may be issued by the Secretary of State a member of the Senior Civil Service or a member of the Senior5 Management Structure of Her Majesty’s Diplomatic Service b in the case of a targeted equipment interference warrant or a targeted examination warrant which is or may be issued by the Scottish Ministers a member of the staff of the Scottish Administration who is a member of the Senior Civil Service 10 “targeted examination warrant” has the meaning given by section 94 9 2 See also— section 237 telecommunications definitions section 239 general definitions section 240 index of defined expressions 15 PART 6 BULK WARRANTS CHAPTER 1 BULK INTERCEPTION WARRANTS Bulk interception warrants 20 128 Bulk interception warrants 1 For the purposes of this Act a “bulk interception warrant” is a warrant issued under this Chapter which meets conditions A and B 2 Condition A is that the main purpose of the warrant is one or more of the following— 25 a the interception of overseas-related communications see subsection 3 b the obtaining of secondary data from such communications see section 129 3 In this Chapter “overseas-related communications” means— 30 a communicationssent by individuals who are outside the British Islands or b communications received by individuals who are outside the British Islands 4 Condition B is that the warrant authorises or requires the person to whom35 it is addressed to secure by any conduct described in the warrant any one or more of the following activities— a the interception in the course of their transmission by means of a telecommunicationsystem of communicationsdescribed in the warrant 40 b the obtaining of secondary data from communications transmitted by means of such a system and described in the warrant 104 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants c the selection for examination in any manner described in the warrant of intercepted content or secondary data obtained under the warrant d the disclosure in any manner described in the warrant of anything obtained under the warrant to the person to whom the warrant is addressed or to any person acting on that person’s behalf 5 5 A bulk interception warrant also authorises the following conduct in addition to the conduct described in the warrant — a any conduct which it is necessary to undertake in order to do what is expressly authorised or required by the warrant including— i the interceptionof communicationsnot described in the 10 warrant and ii conduct for obtaining secondary data from such communications b conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant15 is addressedto be provided with assistancein giving effect to the warrant c any conduct for obtaining related systems data from any telecommunications operator 6 For the purposes of subsection 5 c — 20 “related systems data” in relation to a warrant means systems data relating to a relevant communication or to the sender or recipient or intended recipient of a relevant communication whether or not a person and “relevant communication” in relation to a warrant means— 25 a any communication intercepted in accordance with the warrant in the course of its transmission by means of a telecommunication system or b any communication from which secondary data is obtained under the warrant 30 129 Obtaining secondary data 1 This section has effect for the purposes of this Chapter 2 References to obtaining secondary data from a communication transmitted by means of a telecommunication system are references to obtaining such data— a while the communication is being transmitted or 35 b at any time when the communication is stored in or by the system whether before or after its transmission and references to secondary data obtained under a bulk interception warrant are to be read accordingly 3 “Secondary data” in relation to a communication transmitted by means of 40a telecommunication system means any data falling within subsection 4 or 5 4 The data falling within this subsection is systems data which is comprised in included as part of attached to or logically associated with the communication whether by the sender or otherwise 5 The data falling within this subsection is identifying data which— 45 a is comprised in included as part of attached to or logically associated with the communication whether by the sender or otherwise Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 105 b is capable of being logically separated from the remainder of the communication and c if it were so separated would not reveal anything of what might reasonably be considered to be the meaning if any of the communication disregarding any meaning arising from the fact of the 5 communication or from any data relating to the transmission of the communication 6 For the meaning of “systems data” and “identifying data” see section 239 130 Power to issue bulk interception warrants 1 The Secretary of State may on an application made by or on behalf of the 10head of an intelligence service issue a bulk interception warrant if— a the Secretary of State considers that the main purpose of the warrant is one or more of the following— i the interception of overseas-related communications and ii the obtaining of secondary data from such communications 15 b the Secretary of State considers that the warrant is necessary— i in the interests of national security or ii on that ground and on any other grounds falling within subsection 2 c the Secretary of State considers that the conduct authorised 20 by the warrant is proportionate to what is sought to be achieved by that conduct d the Secretary of State considers that— i each of the specified operational purposes see section 134 is a purpose for which the examination of intercepted content 25 or secondarydata obtained under the warrant is or may be necessary and ii the examination of intercepted content or secondary data for each such purpose is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary 30 e the Secretary of State considers that satisfactory arrangements made for the purposes of sections 141 and 142 safeguards relating to disclosure etc are in force in relation to the warrant f in a case where the Secretary of State considers that a telecommunications operator outside the United Kingdom is likely 35 to be required to provide assistance in giving effect to the warrant if it is issued the Secretary of State has complied with section 131 and g the decision to issue the warrant has been approved by a Judicial Commissioner For the meaning of “head of an intelligence service” see section 239 40 2 A warrant is necessary on grounds falling within this subsection if it is necessary— a for the purpose of preventing or detecting serious crime or b in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national 45 security but see subsection 3 3 A warrant may be considerednecessaryon the ground falling within subsection 2 b only if the information which it is considered necessary to 106 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants obtain is information relating to the acts or intentions of persons outside the British Islands 4 A warrant may not be considered necessary in the interests of national security or on any other grounds falling within subsection 2 if it is considered necessary only for the purpose of gathering evidence for use in any5 legal proceedings 5 An application for the issue of a bulk interception warrant may only be made on behalf of the head of an intelligence service by a person holding office under the Crown 131 Additional requirements in respect of warrants affecting overseas10 operators 1 This section applies where— a an application for a bulk interception warrant has been made and b the Secretary of State considers that a telecommunications operator outside the United Kingdom is likely to be required to provide assistance in giving effect to the warrant if it is issued 15 2 Before issuing the warrant the Secretary of State must consult the operator 3 Before issuing the warrant the Secretary of State must among other matters take into account— a the likely benefits of the warrant b the likely number of users if known of any telecommunications 20 service which is provided by the operator and to which the warrant relates c the technical feasibility of complying with any requirement that may be imposed on the operator to provide assistance in giving effect to the warrant 25 d the likely cost of complying with any such requirement and e any other effect of the warrant on the operator 132 Approval of warrants by Judicial Commissioners 1 In deciding whether to approve a decision to issue a warrant under section 130 a Judicial Commissioner must review the Secretary of State’s conclusions30 as to the following matters— a whether the warrant is necessary as mentioned in subsection 1 b of that section b whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct 35 c whether— i each of the specified operational purposes see section 134 is a purpose for which the examination of intercepted content or secondarydata obtained under the warrant is or may be necessary and 40 ii the examination of intercepted content or secondary data for each such purpose is necessaryas mentioned in section 130 1 d ii and d any matters taken into account in accordance with section 131 2 In doing so the Judicial Commissioner must— 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 107 a apply the same principles as would be applied by a court on an application for judicial review and b consider the matters referred to in subsection 1 with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 general duties in relation 5 to privacy 3 Where a Judicial Commissioner refuses to approve a decision to issue a warrant under section 130 the Judicial Commissioner must give the Secretary of State written reasons for the refusal 4 Where a Judicial Commissioner other than the Investigatory Powers 10 Commissioner refuses to approve a decision to issue a warrant under section 130 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 133 Decisions to issue warrants to be taken personally by Secretary of State 1 The decision to issue a bulk interception warrant must be taken personally 15by the Secretary of State 2 Before a bulk interception warrant is issued it must be signed by the Secretary of State 134 Requirements that must be met by warrants 1 A bulk interception warrant must contain a provision stating that it is a bulk 20 interception warrant 2 A bulk interception warrant must be addressed to the head of the intelligence service by whom or on whose behalf the application for the warrant was made 3 A bulk interception warrant must specify the operational purposes for which 25 any intercepted content or secondary data obtained under the warrant may be selected for examination 4 The operational purposes specified in the warrant must be ones specified in a list maintained by the heads of the intelligence services “the list of operational purposes” as purposes which they consider are operational purposes 30 for which intercepted content or secondary data obtained under bulk interception warrants may be selected for examination 5 The warrant may in particular specify all of the operational purposes which at the time the warrant is issued are specified in the list of operational purposes 35 6 An operational purpose may be specified in the list of operational purposes only with the approval of the Secretary of State 7 The Secretary of State may give such approval only if satisfied that the operational purpose is specified in a greater level of detail than the descriptions contained in section 130 1 b or 2 40 8 At the end of each relevant three-month period the Secretary of State must give a copy of the list of operational purposes to the Intelligence and Security Committee of Parliament 108 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 9 In subsection 8 “relevant three-month period” means— a the period of three months beginning with the day on which this section comes into force and b each successive period of three months 5 a 10 The Prime Minister must review the list of operational purposes at least once year 11 In this Chapter “the specified operational purposes” in relation to a bulk interception warrant means the operational purposes specified in the warrant in accordance with this section Duration modification and cancellation of warrants 10 135 Duration of warrants 1 A bulk interception warrant unless already cancelled ceases to have effect at the end of the period of 6 months beginning with— a the day on which the warrant was issued or b in the case of a warrant that has been renewed the day after the day 15 at the end of which the warrant would have ceased to have effect if it had not been renewed 2 For provision about the renewal of warrants see section 136 136 Renewal of warrants 1 If the renewal conditions are met a bulk interception warrant may be renewed 20 at any time during the renewal period by an instrument issued by the Secretary of State This is subject to subsection 6 2 The renewal conditions are— a that the Secretary of State considers that the warrant continues to25 be necessary— i in the interests of national security or ii on that ground and on any other grounds falling within section 130 2 b that the Secretary of State considers that the conduct that would 30 be authorised by the renewed warrant continues to be proportionate to what is sought to be achieved by that conduct c that the Secretary of State considers that— i each of the specified operational purposes see section 134 is a purpose for which the examination of intercepted content 35 or secondary data obtained under the warrant continues to be or may be necessary and ii the examination of intercepted content or secondary data for each such purpose continues to be necessary on any of the grounds on which the Secretary of State considers that40 the warrant continues to be necessary and d that the decision to renew the warrant has been approved by a Judicial Commissioner Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 109 3 “The renewal period” means the period of 30 days ending with the day at the end of which the warrant would otherwise cease to have effect 4 The decision to renew a bulk interception warrant must be taken personally by the Secretary of State and the instrument renewing the warrant must be signed by the Secretary of State 5 5 Section 132 approval of warrants by Judicial Commissioners applies in relation to a decision to renew a bulk interception warrant as it applies in relation to a decision to issue a bulk interception warrant but with the omission of paragraph d of subsection 1 This is subject to subsection 6 10 6 In the case of the renewal of a bulk interception warrant that has been modified so that it no longer authorises or requires the interception of communications or the obtaining of secondary data— a the renewal condition in subsection 2 a is to be disregarded b the reference in subsection 2 c ii to the grounds on which15 the Secretary of State considers the warrant to be necessary is to be read as a reference to any grounds falling within section 130 1 b or 2 and c section 132 has effect as if— i paragraph a of subsection 1 were omitted and ii the reference in subsection 1 c ii to the grounds on which20 the Secretary of State considers the warrant to be necessary were a reference to any grounds falling within section 130 1 b or 2 137 Modification of warrants 1 The provisions of a bulk interception warrant may be modified at any time by an instrument issued by the person making the modification 25 2 The only modifications that may be made under this section are— a adding varying or removing any operational purpose specified in the warrant as a purpose for which any intercepted content or secondary data obtained under the warrant may be selected for examination and b providing that the warrant no longer authorises or requires to 30 the extent that it did so previously — i the interception of any communications in the course of their transmission by means of a telecommunication system or ii the obtaining of any secondary data from communications transmitted by means of such a system 35 3 In this section— a a modification adding or varying any operational purpose as mentioned in paragraph a of subsection 2 is referred to as a “major modification” and b any other modification within that subsection is referred to as a “minor 40 modification” 4 A major modification— a must be made by the Secretary of State and b may be made only if the Secretary of State considers that it is necessary on any of the grounds on which the Secretary of State considers the 45 warrant to be necessary see section 130 1 b 110 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 5 Except where the Secretary of State considers that there is an urgent need to make the modification a major modification has effect only if the decision to make the modification is approved by a Judicial Commissioner 6 Section 132 approval of warrants by Judicial Commissioners applies in relation to a decision to make a major modification of a bulk interception 5 warrant as it applies in relation to the decision to issue a bulk interception warrant Section 138 contains provision about the approval of major modifications made in urgent cases 7 A minor modification may be made by— a the Secretary of State or b a senior official acting on behalf of the Secretary of State 10 8 Where a minor modification is made by a senior official the Secretary of State must be notified personally of the modification and the reasons for making it 9 If at any time a person mentioned in subsection 7 considers that15 any operational purpose specified in a warrant is no longer a purpose for which the examination of intercepted content or secondary data obtained under the warrant is or may be necessary the person must modify the warrant by removing that operational purpose 10 The decision to modify the provisions of a warrant must be taken personally 20 by the person making the modification and the instrument making the modification must be signed by that person This is subject to subsection 11 11 If it is not reasonablypracticablefor an instrument making a major modification to be signed by the Secretary of State the instrument25may be signed by a senior official designated by the Secretary of State for that purpose 12 In such a case the instrument making the modification must contain a statement that— a it is not reasonably practicable for the instrument to be signed by the Secretary of State and 30 b the Secretary of State has personally and expressly authorised the making of the modification 13 Despite section 128 2 the modification of a bulk interception warrant as mentioned in subsection 2 b above does not prevent the warrant from being a bulk interception warrant 35 14 Nothing in this section applies in relation to modifying the provisions of a warrant in a way which does not affect the conduct authorised or required by it 138 Approval of major modifications made in urgent cases 1 This section applies where— 40 a the Secretary of State makes a major modification of a bulk interception warrant without the approval of a Judicial Commissioner and b the Secretary of State considered that there was an urgent need to make the modification Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 111 2 The Secretaryof State must inform a Judicial Commissionerthat the modification has been made 3 The Judicial Commissioner must before the end of the relevant period— a decide whether to approve the decision to make the modification and b notify the Secretary of State of the Judicial Commissioner’s decision 5 “The relevant period” means the period ending with the fifth working day after the day on which the modification was made 4 If the Judicial Commissioner refuses to approve the decision to make the modification— a the warrant unless it no longer has effect has effect as if the 10 modification had not been made and b the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant by virtue of that modification stops as soon as possible 15 5 Nothing in this section affects the lawfulness of— a anything done under the warrant by virtue of the modification before the modification ceases to have effect b if anything is in the process of being done under the warrant by virtue of the modification when the modification ceases to have effect— 20 i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 139 Cancellation of warrants 1 The Secretary of State or a senior official acting on behalf of the Secretary of State may cancel a bulk interception warrant at any time 25 2 If the Secretary of State or a senior official acting on behalf of the Secretary of State considers that any of the cancellation conditions are met in relation to a bulk interception warrant the person must cancel the warrant 3 The cancellation conditions are— a that the warrant is no longer necessary in the interests of national 30 security b that the conduct authorised by the warrant is no longer proportionate to what is sought to be achieved by that conduct c that the examination of intercepted content or secondary data obtained under the warrant is no longer necessary for any of the specified 35 operational purposes see section 134 4 But the condition in subsection 3 a does not apply where the warrant has been modified so that it no longer authorises or requires the interception of communications or the obtaining of secondary data 5 Where a warrant is cancelled under this section the person to whom 40 the warrant was addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant stops as soon as possible 6 A warrant that has been cancelled under this section may not be renewed 112 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants Implementation of warrants 140 Implementation of warrants 1 In giving effect to a bulk interception warrant the person to whom it is addressed “the implementing authority” may in addition to acting alone act through or together with such other persons as the implementing authority 5 may require whether under subsection 2 or otherwise to provide the authority with assistance in giving effect to the warrant 2 For the purpose of requiring any person to provide assistance in relation to a bulk interception warrant the implementing authority may— a serve a copy of the warrant on any person who the implementing 10 authority considers may be able to provide such assistance or b make arrangements for the service of a copy of the warrant on any such person 3 A copy of a warrant may be served under subsection 2 on a person outside the United Kingdom for the purpose of requiring the person to provide such 15 assistance in the form of conduct outside the United Kingdom 4 For the purposes of this Act the provision of assistance in giving effect to a bulk interceptionwarrant includes any disclosure to the implementing authority or to persons acting on behalf of the implementing authority of anything obtained under the warrant 20 5 Sections 40 service of warrants and 41 duty of operators to assist with implementation apply in relation to a bulk interception warrant as they apply in relation to a targeted interception warrant 6 References in this section and in sections 40 and 41 as they apply in relation to bulk interception warrants to the service of a copy of a warrant include—25 a the service of a copy of one or more schedules contained in the warrant with the omission of the remainder of the warrant and b the service of a copy of the warrant with the omission of any schedule contained in the warrant Restrictions on use or disclosure of material obtained under warrants etc 30 141 Safeguards relating to retention and disclosure of material 1 The Secretary of State must ensure in relation to every bulk interception warrant that arrangements are in force for securing— a that the requirements of subsections 2 and 5 are met in relation to the material obtained under the warrant and 35 b that the requirementsof section 143 are met in relation to the intercepted content or secondary data obtained under the warrant This is subject to subsection 8 2 The requirements of this subsection are met in relation to the material obtained under a warrant if each of the following is limited to the minimum40that is necessary for the authorised purposes see subsection 3 — a the number of persons to whom any of the material is disclosed or otherwise made available Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 113 b the extent to which any of the material is disclosed or otherwise made available c the extent to which any of the material is copied d the number of copies that are made 3 For the purposes of subsection 2 something is necessary for the authorised 5 purposes if and only if— a it is or is likely to become necessary in the interests of national security or on any other grounds falling within section 130 2 b it is necessary for facilitating the carrying out of any functions under this Act of the Secretary of State the Scottish Ministers or the head 10of the intelligence service to whom the warrant is or was addressed c it is necessary for facilitating the carrying out of any functions of the Judicial Commissioners or the Investigatory Powers Tribunal under or in relation to this Act d it is necessary to ensure that a person “P” who is conducting 15 a criminal prosecution has the information P needs to determine what is required of P by P’s duty to secure the fairness of the prosecution or e it is necessary for the performance of any duty imposed on any person by the Public Records Act 1958 or the Public Records Act Northern Ireland 1923 20 4 The arrangements for the time being in force under this section for securing that the requirements of subsection 2 are met in relation to the material obtained under the warrant must include arrangements for securing that every copy made of any of that material is stored for so long as it is retained in a secure manner 25 5 The requirements of this subsection are met in relation to the material obtained under a warrant if every copy made of any of that material if not destroyed earlier is destroyed as soon as there are no longer any relevant grounds for retaining it see subsection 6 6 For the purposes of subsection 5 there are no longer any relevant grounds 30 for retaining a copy of any material if and only if— a its retention is not necessary or not likely to become necessary in the interests of national security or on any other grounds falling within section 130 2 and b its retention is not necessary for any of the purposes mentioned 35 in paragraphs b to e of subsection 3 above 7 Subsection 8 applies if— a any material obtained under the warrant has been handed over to any overseas authorities or b a copy of any such material has been given to any overseas authorities 40 8 To the extent that the requirements of subsections 2 and 5 relate to any of the material mentioned in subsection 7 a or to the copy mentioned in subsection 7 b the arrangements made for the purposes of this section are not required to secure that those requirements are met see instead section 142 9 In this section— 45 “copy” in relation to material obtained under a warrant means any of the following whether or not in documentary form — 114 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants a any copy extract or summary of the material which identifies the material as having been obtained under the warrant and b any record which— i refers to any interception or to the obtaining of any material and 5 ii is a record of the identities of the persons to or by whom the material was sent or to whom the material relates and “copied” is to be read accordingly “overseas authorities” means authorities of a country or territory outside the United Kingdom 10 142 Safeguards relating to disclosure of material overseas 1 The Secretary of State must ensure in relation to every bulk interception warrant that arrangements are in force for securing that— a any material obtained under the warrant is handed over to overseas authorities only if the requirements of subsection 2 are met and 15 b copies of any such material are given to overseas authorities only if those requirements are met 2 The requirements of this subsection are met in the case of a warrant if it appears to the Secretary of State— a that requirements corresponding to the requirements of section 141 2 20 and 5 will apply to such extent if any as the Secretary of State considers appropriate in relation to any of the material which is handed over or any copy of which is given to the authorities in question and b that restrictions are in force which would prevent to such extent 25 if any as the Secretary of State considers appropriate the doing of anything in for the purposes of or in connection with any proceedings outside the United Kingdom which would result in a prohibited disclosure 3 In subsection 2 b “prohibited disclosure” means a disclosure which if made 30 in the United Kingdom would breach the prohibition in section 53 1 see section 145 4 In this section— “copy” has the same meaning as in section 141 “overseas authorities” means authorities of a country or territory outside 35 the United Kingdom 143 Safeguards relating to examination of material 1 For the purposes of section 141 the requirements of this section are met in relation to the intercepted content and secondary data obtained under a warrant if— 40 a the selection of any of the intercepted content or secondary data for examinationis carried out only for the specified purposes see subsection 2 b the selection of any of the intercepted content or secondary data for examination is necessary and proportionate in all the circumstances 45 and Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 115 c the selection of any of the intercepted content for examination meets any of the selection conditions see subsection 3 2 The selection of intercepted content or secondary data for examination is carried out only for the specified purposes if the intercepted content or secondary data is selected for examination only so far as is necessary for 5 the operational purposes specified in the warrant in accordance with section 134 In this subsection “specified in the warrant” means specified in the warrant at the time of the selection of the intercepted content or secondary data for examination 3 The selection conditions referred to in subsection 1 c are— 10 a that the selection of the intercepted content for examination does not breach the prohibition in subsection 4 b that the person to whom the warrant is addressed considers that the selection of the intercepted content for examination would not breach that prohibition 15 c that the selection of the intercepted content for examination in breach of that prohibition is authorised by subsection 5 d that the selection of the intercepted content for examination in breach of that prohibition is authorised by a targeted examination warrant issued under Chapter 1 of Part 2 20 4 The prohibition referred to in subsection 3 a is that intercepted content may not at any time be selected for examination if— a any criteria used for the selectionof the interceptedcontent for examination are referable to an individual known to be in the British Islands at that time and 25 b the purpose of using those criteria is to identify the content of communications sent by or intended for that individual It does not matter for the purposes of this subsection whether the identity of the individual is known 5 The selection of intercepted content “the relevant content” for examination 30 is authorised by this subsection if— a criteria referable to an individual have been or are being used for the selectionof interceptedcontent for examinationin circumstances falling within subsection 3 a or b b at any time it appears to the person to whom the warrant is addressed 35 that there has been a relevant change of circumstances in relation to the individual see subsection 6 which would mean that the selection of the relevant content for examination would breach the prohibition in subsection 4 c since that time a written authorisation to examine the relevant content 40 using those criteria has been given by a senior officer and d the selection of the relevant content for examination is made before the end of the permitted period see subsection 7 6 For the purposes of subsection 5 b there is a relevant change of circumstances in relation to an individual if— 45 a the individual has entered the British Islands or b a belief by the person to whom the warrant is addressed that the individual was outside the British Islands was in fact mistaken 7 In subsection 5 — 116 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants “senior officer” in relation to a warrant addressed to the head of an intelligence service means a member of the intelligence service who— a is a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service or 5 b holds a position in the intelligenceservice of equivalent seniority to such a member “the permitted period” means the period ending with the fifth working day after the time mentioned in subsection 5 b 8 In a case where the selectionof interceptedcontent for examinationis 10 authorised by subsection 5 the person to whom the warrant is addressed must notify the Secretary of State that the selection is being carried out 144 Additional safeguards for items subject to legal privilege 1 Subsection 2 applies if in a case where intercepted content obtained under a bulk interception warrant is to be selected for examination— 15 a the selection of the intercepted content for examination meets any of the selection conditions in section 143 3 a to c and b either— i the purpose or one of the purposes of using the criteria to be used for the selection of the intercepted content for examination 20 “the relevant criteria” is to identify any items subject to legal privilege or ii the use of the relevant criteria is likely to identify such items 2 The intercepted content may be selected for examination using the relevant criteria only if a senior official acting on behalf of the Secretary of State has 25 approved the use of those criteria 3 A senior official may give an approval under subsection 2 only if— a the official considers that the arrangements made for the purposes of section 141 safeguards relating to retention and disclosure of material include specific arrangements for the handling retention use 30 and destruction of items subject to legal privilege and b where subsection 1 b i applies the official considers that there are exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria 4 Where an item subject to legal privilege intercepted in accordance with a35 bulk interception warrant is retained following its examination the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon as is reasonably practicable For provision about the grounds for retaining material obtained under a warrant see section 141 40 145 Application of other restrictions in relation to warrants 1 Section 53 and Schedule 3 exclusion of matters from legal proceedings apply in relation to bulk interception warrants as they apply in relation to targeted interception warrants 2 Sections 54 to 56 duty not to make unauthorised disclosures apply in relation 45 to bulk interception warrants as they apply in relation to targeted interception 117 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants warrants but as if the reference in section 55 2 c to a requirement for disclosure imposed by virtue of section 39 5 were a reference to such a requirement imposed by virtue of section 140 4 Interpretation 146 Chapter 1 interpretation 5 1 In this Chapter— “intercepted content” in relation to a bulk interception warrant means any content of communicationsinterceptedby an interception authorised or required by the warrant “overseas-related communications” has the meaning given by section 10128 “secondary data” has the meaning given by section 129 and references to obtaining secondary data from a communication are to be read in accordance with that section “senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic 15 Service “the specified operational purposes” has the meaning given by section 134 11 2 See also— section 237 telecommunications definitions section 239 general definitions section 240 index of defined expressions 20 CHAPTER 2 BULK ACQUISITION WARRANTS Bulk acquisition warrants 25 147 Power to issue bulk acquisition warrants 1 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a bulk acquisition warrant if— a the Secretary of State considers that the warrant is necessary— i in the interests of national security or 30 ii on that ground and on any other grounds falling within subsection 2 b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct 35 c the Secretary of State considers that— i each of the specified operational purposes see section 150 is a purpose for which the examination of communications data obtained under the warrant is or may be necessary and ii the examination of such data for each such purpose is necessary 40 on any of the grounds on which the Secretary of State considers the warrant to be necessary 118 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants d the Secretary of State considers that satisfactory arrangements made for the purposes of section 159 safeguards relating to the retention and disclosure of data are in force in relation to the warrant and e the decision to issue the warrant has been approved by a Judicial Commissioner 5 For the meaning of “head of an intelligence service” see section 239 2 A warrant is necessary on grounds falling within this subsection if it is necessary— a for the purpose of preventing or detecting serious crime or b in the interests of the economic well-being of the United Kingdom so 10 far as those interests are also relevant to the interests of national security but see subsection 3 3 A warrant may be considerednecessaryon the ground falling within subsection 2 b only if the communications data which it is considered necessary to obtain is communications data relating to the acts or intentions 15 of persons outside the British Islands 4 The fact that the communications data which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary in the interests of national security or on that ground and a ground falling within subsection20 2 5 A bulk acquisition warrant is a warrant which authorises or requires the person to whom it is addressed to secure by any conduct described in the warrant any one or more of the activities in subsection 6 6 The activities are— a requiring a telecommunications operator specified in the warrant—25 i to disclose to a person specified in the warrant any communications data which is specified in the warrant and is in the possession of the operator ii to obtain any communications data specified in the warrant which is not in the possession of the operator but which 30 the operator is capable of obtaining or iii to disclose to aperson specifiedin the warrant any data obtained as mentioned in sub-paragraph ii b the selection for examination in any manner described in the warrant of communications data obtained under the warrant 35 c the disclosure in any manner described in the warrant of such data to the person to whom the warrant is addressed or to any person acting on that person’s behalf 7 A bulk acquisition warrant also authorises the following conduct in addition to the conduct described in the warrant — 40 a any conduct which it is necessary to undertake in order to do what is expressly authorised or required by the warrant and b conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressedto be provided with assistancein giving effect to the 45 warrant 8 A bulk acquisition warrant may relate to data whether or not in existence at the time of the issuing of the warrant Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 119 9 An application for the issue of a bulk acquisition warrant may only be made on behalf of the head of an intelligence service by a person holding office under the Crown 148 Approval of warrants by Judicial Commissioners 1 In deciding whether to approve a decision to issue a warrant under section5 147 a Judicial Commissioner must review the Secretary of State’s conclusions as to the following matters— a whether the warrant is necessary as mentioned in subsection 1 a of that section b whether the conduct that would be authorised by the warrant10is proportionate to what is sought to be achieved by that conduct and c whether— i each of the specified operational purposes see section 150 is a purpose for which the examination of communications data obtained under the warrant is or may be necessary and 15 ii the examination of such data for each such purpose is necessary as mentioned in section 147 1 c ii 2 In doing so the Judicial Commissioner must— a apply the same principles as would be applied by a court on an application for judicial review and 20 b consider the matters referred to in subsection 1 with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 general duties in relation to privacy 3 Where a Judicial Commissioner refuses to approve a decision to issue 25 a warrant under section 147 the Judicial Commissioner must give the Secretary of State written reasons for the refusal 4 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a decision to issue a warrant under section 147 the Secretary of State may ask the Investigatory Powers Commissioner 30 to decide whether to approve the decision to issue the warrant 149 Decisions to issue warrants to be taken personally by Secretary of State 1 The decision to issue a bulk acquisition warrant must be taken personally by the Secretary of State 2 Before a bulk acquisition warrant is issued it must be signed by the Secretary 35 of State 150 Requirements that must be met by warrants 1 A bulk acquisition warrant must contain a provision stating that it is a bulk acquisition warrant 2 A bulk acquisition warrant must be addressed to the head of the intelligence 40 service by whom or on whose behalf the application for the warrant was made 120 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 3 A bulk acquisition warrant must specify the operational purposes for which any communications data obtained under the warrant may be selected for examination 4 The operational purposes specified in the warrant must be ones specified in a list maintained by the heads of the intelligence services “the list of operational 5 purposes” as purposes which they consider are operational purposes for which communications data obtained under bulk acquisition warrants may be selected for examination 5 The warrant may in particular specify all of the operational purposes which at the time the warrant is issued are specified in the list of operational 10 purposes 6 An operational purpose may be specified in the list of operational purposes only with the approval of the Secretary of State 7 The Secretary of State may give such approval only if satisfied that the operational purpose is specified in a greater level of detail than the descriptions 15 contained in section 147 1 a or 2 8 At the end of each relevant three-month period the Secretary of State must give a copy of the list of operational purposes to the Intelligence and Security Committee of Parliament 9 In subsection 8 “relevant three-month period” means— 20 a the period of three months beginning with the day on which this section comes into force and b each successive period of three months 10 The Prime Minister must review the list of operational purposes at least once a year 25 11 In this Chapter “the specified operational purposes” in relation to a bulk acquisition warrant means the operational purposes specified in the warrant in accordance with this section Duration modification and cancellation of warrants 151 Duration of warrants 30 1 A bulk acquisition warrant unless already cancelled ceases to have effect at the end of the period of 6 months beginning with— a the day on which the warrant was issued or b in the case of a warrant that has been renewed the day after the day at the end of which the warrant would have ceased to have effect if it35 had not been renewed 2 For provision about the renewal of warrants see section 152 152 Renewal of warrants 1 If the renewal conditions are met a bulk acquisition warrant may be renewed at any time during the renewal period by an instrument issued by40the Secretary of State This is subject to subsection 6 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 121 2 The renewal conditions are— a that the Secretary of State considers that the warrant continues to be necessary— i in the interests of national security or ii on that ground and on any other grounds falling within section 5 147 2 b that the Secretary of State considers that the conduct that would be authorised by the renewed warrant continues to be proportionate to what is sought to be achieved by that conduct c that the Secretary of State considers that— 10 i each of the specified operational purposes see section 150 is a purpose for which the examination of communications data obtained under the warrant continues to be or may be necessary and ii the examination of such data for each such purpose continues 15 to be necessary on any of the grounds on which the Secretary of State considers that the warrant continues to be necessary and d that the decision to renew the warrant has been approved by a Judicial Commissioner 3 “The renewal period” means the period of 30 days ending with the day at20 the end of which the warrant would otherwise cease to have effect 4 The decision to renew a bulk acquisition warrant must be taken personally by the Secretary of State and the instrument renewing the warrant must be signed by the Secretary of State 5 Section 148 approval of warrants by Judicial Commissioners applies 25in relation to a decision to renew a bulk acquisition warrant as it applies in relation to a decision to issue a bulk acquisition warrant This is subject to subsection 6 6 In the case of the renewal of a bulk acquisition warrant that has been modified so that it no longer authorises or requires the carrying out of activities falling 30 within section 147 6 a — a the renewal condition in subsection 2 a is to be disregarded b the reference in subsection 2 c ii to the grounds on which the Secretary of State considers the warrant to be necessary is to be read as a reference to any grounds falling within section 147 1 a or 2 and 35 c section 148 has effect as if— i paragraph a of subsection 1 were omitted and ii the reference in subsection 1 c ii to the grounds on which the Secretary of State considers the warrant to be necessary were a reference to any grounds falling within section 147 1 a or 2 40 153 Modification of warrants 1 The provisions of a bulk acquisition warrant may be modified at any time by an instrument issued by the person making the modification 2 The only modifications that may be made under this section are— a adding varying or removing any operational purpose specified in the 45 warrant as a purpose for which any communications data obtained under the warrant may be selected for examination and 122 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants b providing that the warrant no longer authorisesor requires the carrying out of activities falling within section 147 6 a 3 In this section— a a modification adding or varying any operational purpose as mentioned in paragraph a of subsection 2 is referred to as a “major 5 modification” and b any other modification within that subsection is referred to as a “minor modification” 4 A major modification— a must be made by the Secretary of State and 10 b may be made only if the Secretary of State considers that it is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary see section 147 1 a 5 Except where the Secretary of State considers that there is an urgent need to make the modification a major modification has effect only if the decision 15to make the modification is approved by a Judicial Commissioner 6 Section 148 approval of warrants by Judicial Commissioners applies in relation to a decision to make a major modification of a bulk acquisition warrant as it applies in relation to the decision to issue a bulk acquisition warrant 20 Section 154 contains provision about the approval of major modifications made in urgent cases 7 A minor modification may be made by— a the Secretary of State or b a senior official acting on behalf of the Secretary of State 25 8 Where a minor modification is made by a senior official the Secretary of State must be notified personally of the modification and the reasons for making it 9 If at any time a person mentioned in subsection 7 considers that any operational purpose specified in a warrant is no longer a purpose for which the examination of communications data obtained under the warrant is or may 30 be necessary the person must modify the warrant by removing that operational purpose 10 The decision to modify the provisions of a warrant must be taken personally by the person making the modification and the instrument making the modification must be signed by that person 35 This is subject to subsection 11 11 If it is not reasonablypracticablefor an instrument making a major modification to be signed by the Secretary of State the instrument may be signed by a senior official designated by the Secretary of State for that purpose 12 In such a case the instrument making the modification must contain 40 a statement that— a it is not reasonably practicable for the instrument to be signed by the Secretary of State and b the Secretary of State has personally and expressly authorised the making of the modification 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 123 13 Nothing in this section applies in relation to modifying the provisions of a warrant in a way which does not affect the conduct authorised or required by it 154 Approval of major modifications made in urgent cases 1 This section applies where— 5 a the Secretary of State makes a major modification of a bulk acquisition warrant without the approval of a Judicial Commissioner and b the Secretary of State considered that there was an urgent need to make the modification 2 The Secretaryof State must inform a Judicial Commissionerthat the modification has been made 10 3 The Judicial Commissioner must before the end of the relevant period— a decide whether to approve the decision to make the modification and b notify the Secretary of State of the Judicial Commissioner’s decision “The relevant period” means the period ending with the fifth working day15 after the day on which the modification was made 4 If the Judicial Commissioner refuses to approve the decision to make the modification— a the warrant unless it no longer has effect has effect as if the modification had not been made and 20 b the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant by virtue of that modification stops as soon as possible 5 Nothing in this section affects the lawfulness of— 25 a anything done under the warrant by virtue of the modification before the modification ceases to have effect b if anything is in the process of being done under the warrant by virtue of the modification when the modification ceases to have effect— i anything done before that thing could be stopped or 30 ii anything done which it is not reasonably practicable to stop 155 Cancellation of warrants 1 The Secretary of State or a senior official acting on behalf of the Secretary of State may cancel a bulk acquisition warrant at any time 2 If the Secretary of State or a senior official acting on behalf of the Secretary 35 of State considers that any of the cancellation conditions are met in relation to a bulk acquisition warrant the person must cancel the warrant 3 The cancellation conditions are— a that the warrant is no longer necessary in the interests of national security 40 b that the conduct authorised by the warrant is no longer proportionate to what is sought to be achieved by that conduct 124 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants c that the examination of communications data obtained under the warrant is no longer necessary for any of the specified operational purposes see section 150 4 But the condition in subsection 3 a does not apply where the warrant has been modified so that it no longer authorises or requires the carrying out of 5 activities falling within section 147 6 a 5 Where a warrant is cancelled under this section the person to whom the warrant was addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant stops as soon as possible 10 6 A warrant that has been cancelled under this section may not be renewed Implementation of warrants 156 Implementation of warrants 1 In giving effect to a bulk acquisition warrant the person to whom it is addressed “the implementing authority” may in addition to acting alone 15 act through or together with such other persons as the implementing authority may require whether under subsection 2 or otherwise to provide the authority with assistance in giving effect to the warrant 2 For the purpose of requiring any person to provide assistance in relation to a bulk acquisition warrant the implementing authority may— 20 a serve a copy of the warrant on any person whom the implementing authority considers may be able to provide such assistance or b make arrangements for the service of a copy of the warrant on any such person 3 A copy of a warrant may be served under subsection 2 on a person outside 25 the United Kingdom for the purpose of requiring the person to provide such assistance in the form of conduct outside the United Kingdom 4 For the purposes of this Act the provision of assistance in giving effect to a bulk acquisition warrant includes any disclosure to the implementing authority or to persons acting on behalf of the implementing authority 30 of communications data obtained under the warrant 5 References in this section and in sections 157 and 158 to the service of a copy of a warrant include— a the service of a copy of one or more schedules contained in the warrant with the omission of the remainder of the warrant and 35 b the service of a copy of the warrant with the omission of any schedule contained in the warrant 157 Service of warrants 1 This section applies to the service of bulk acquisition warrants under section 156 3 40 2 A copy of the warrant must be served in such a way as to bring the contents of the warrant to the attention of the person whom the implementing authority considers may be able to provide assistance in relation to it Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 125 3 A copy of a warrant may be served on a person outside the United Kingdom in any of the following ways as well as by electronic or other means of service — a by serving it at the person’s principal office within the United Kingdom or if the person has no such office in the United Kingdom at any place in the United Kingdom where the person carries on business or 5 conducts activities b if the person has specified an address in the United Kingdom as one at which the person or someone on the person’s behalf will accept service of documents of the same description as a copy of a warrant by serving it at that address 10 c by making it available for inspection whether to the person or to someone acting on the person’s behalf at a place in the United Kingdom but this is subject to subsection 4 4 A copy of a warrant may be served on a person outside the United Kingdom in the way mentioned in subsection 3 c only if— 15 a it is not reasonably practicable for a copy to be served by any other means whether as mentioned in subsection 3 a or b or otherwise and b the implementing authority takes such steps as the authority considers appropriate for the purpose of bringing the contents of the warrant 20and the availability of a copy for inspection to the attention of the person 5 The steps mentioned in subsection 4 b must be taken as soon as reasonably practicable after the copy of the warrant is made available for inspection 6 In this section “the implementing authority” has the same meaning as in section 156 25 158 Duty of operators to assist with implementation 1 A telecommunications operator that has been served with a copy of a bulk acquisition warrant by or on behalf of the implementing authority must take all steps for giving effect to the warrant that are notified to the operator by or on behalf of the implementing authority 30 This is subject to subsection 3 2 Subsection 1 applies whether or not the operator is in the United Kingdom 3 The operator is not required to take any steps which it is not reasonably practicable for the operator to take 4 Where obligations have been imposed on a telecommunications operator35 “P” under section 229 technical capability notices for the purposes of subsection 3 the steps which it is reasonably practicable for P to take include every step which it would have been reasonably practicable for P to take if P had complied with all of those obligations 5 The duty imposed by subsection 1 is enforceable against a person 40in the United Kingdom by civil proceedingsby the Secretaryof State for an injunction or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 or for any other appropriate relief 6 In this section “the implementing authority” has the same meaning as in section 156 45 126 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants Restrictions on use or disclosure of data obtained under warrants etc 159 Safeguards relating to the retention and disclosure of data 1 The Secretary of State must ensure in relation to every bulk acquisition warrant that arrangements are in force for securing— a that the requirements of subsections 2 and 5 are met in relation 5to the communications data obtained under the warrant and b that the requirements of section 160 are met in relation to that data This is subject to subsection 8 2 The requirements of this subsection are met in relation to the communications data obtained under a warrant if each of the following is limited to10the minimum that is necessary for the authorised purposes see subsection 3 — a the number of persons to whom any of the data is disclosed or otherwise made available b the extent to which any of the data is disclosed or otherwise made available 15 c the extent to which any of the data is copied d the number of copies that are made 3 For the purposes of subsection 2 something is necessary for the authorised purposes if and only if— a it is or is likely to become necessary in the interests of national security 20 or on any other grounds falling within section 147 2 b it is necessary for facilitating the carrying out of any functions under this Act of the Secretary of State the Scottish Ministers or the head of the intelligence service to whom the warrant is or was addressed c it is necessary for facilitating the carrying out of any functions of the 25 Judicial Commissioners or the Investigatory Powers Tribunal under or in relation to this Act d it is necessary to ensure that a person “P” who is conducting a criminal prosecution has the information P needs to determine what is required of P by P’s duty to secure the fairness of the prosecution 30 e it is necessary for use as evidence in legal proceedings or f it is necessary for the performance of any duty imposed on any person by the Public Records Act 1958 or the Public Records Act Northern Ireland 1923 4 The arrangements for the time being in force under subsection 1 for securing 35 that the requirementsof subsection 2 are met in relation to the communications data obtained under the warrant must include arrangements for securing that every copy made of any of that data is stored for so long as it is retained in a secure manner 5 The requirements of this subsection are met in relation to the communications 40 data obtained under a warrant if every copy made of any of that data if not destroyed earlier is destroyed as soon as there are no longer any relevant grounds for retaining it see subsection 6 6 For the purposes of subsection 5 there are no longer any relevant grounds for retaining a copy of any data if and only if— 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 127 a its retention is not necessary or not likely to become necessary in the interests of national security or on any other grounds falling within section 147 2 and b its retention is not necessary for any of the purposes mentioned in paragraphs b to f of subsection 3 above 5 7 Subsection 8 applies if— a any communications data obtained under the warrant has been handed over to any overseas authorities or b a copy of any such data has been given to any overseas authorities 8 To the extent that the requirements of subsections 2 and 5 relate to any 10 of the data mentioned in subsection 7 a or to the copy mentioned in subsection 7 b the arrangements made for the purposes of subsection 1 are not required to secure that those requirements are met 9 But the Secretary of State must instead ensure that arrangements are in force for securing that communications data obtained under a bulk acquisition 15 warrant or any copy of such data is handed over or given to an overseas authority only if the Secretary of State considers that requirements corresponding to the requirements of subsections 2 and 5 will apply to such extent if any as the Secretary of State considers appropriate in relation to such data or copy 20 10 In this section— “copy” in relation to communications data obtained under a warrant means any of the following whether or not in documentary form — a any copy extract or summary of the data which identifies the data as having been obtained under the warrant and 25 b any record referring to the obtaining of the data which is a record of the identities of the persons to whom the data relates and “copied” is to be read accordingly “overseas authorities” means authorities of a country or territory outside the United Kingdom 30 160 Safeguards relating to examination of data 1 For the purposes of section 159 the requirements of this section are met in relation to the communications data obtained under a warrant if— a any selection of the data for examination is carried out only for the specified purposes see subsection 2 and 35 b the selection of any of the data for examination is necessary and proportionate in all the circumstances 2 The selection of communications data for examination is carried out only for the specified purposes if the data is selected for examination only so far as is necessary for the operational purposes specified in the warrant in accordance 40 with section 150 3 In subsection 2 “specified in the warrant” means specified in the warrant at the time of the selection of the data for examination 128 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants Supplementary provision 161 Offence of making unauthorised disclosure 1 It is an offence for— a a telecommunications operator who is under a duty by virtue of section 158 to assist in giving effect to a bulk acquisition warrant or 5 b any person employed or engaged for the purposes of the business of such an operator to disclose to any person without reasonable excuse the existence or contents of the warrant 2 For the purposes of subsection 1 it is in particular a reasonable excuse 10if the disclosure is made with the permission of the Secretary of State 3 A person guilty of an offence under this section is liable— a on summary conviction in England and Wales— i to imprisonment for a term not exceeding 12 months or 6 months if the offence was committed before the 15 commencement of section 154 1 of the Criminal Justice Act 2003 or ii to a fine or to both b on summary conviction in Scotland— 20 i to imprisonment for a term not exceeding 12 months or ii to a fine not exceeding the statutory maximum or to both c on summary conviction in Northern Ireland— i to imprisonment for a term not exceeding 6 months or 25 ii to a fine not exceeding the statutory maximum or to both d on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both 162 Chapter 2 interpretation 30 1 In this Chapter— “communications data” does not include communications data within the meaning given by section 238 3 “senior official” means— a a member of the Senior Civil Service or 35 b a member of the Senior Management Structure of Her Majesty’s Diplomatic Service “the specified operational purposes” has the meaning given by section 150 11 2 See also— section 237 telecommunications definitions section 239 general definitions section 240 index of defined expressions 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 129 CHAPTER 3 BULK EQUIPMENT INTERFERENCE WARRANTS Bulk equipment interference warrants 163 Bulk equipment interference warrants general 1 For the purposes of this Act a warrant is a “bulk equipment interference 5 warrant” if— a it is issued under this Chapter b it authorises or requires the person to whom it is addressed to secure interference with any equipment for the purpose of obtaining— i communications see section 182 10 ii equipment data see section 164 iii any other information and c the main purpose of the warrant is to obtain one or more of the following— i overseas-related communications 15 ii overseas-related information iii overseas-related equipment data 2 In this Chapter— “overseas-related communications” means— a communications sent by individuals who are outside the British 20 Islands or b communications received by individuals who are outside the British Islands “overseas-related information” means information of individuals who are outside the British Islands 25 3 For the purpose of this Chapter equipment data is “overseas-related equipment data” if— a it forms part of or is connected with overseas-related communications or overseas-related information b it would or may assist in establishing the existence of overseas-related 30 communications or overseas-related information or in obtaining such communications or information c it would or may assist in developing capabilities in relation to obtaining overseas-related communications or overseas-related information 4 A bulk equipment interference warrant— 35 a must authorise or require the person to whom it is addressed to secure the obtaining of the communications equipment data or other information to which the warrant relates b may also authorise or require the person to whom it is addressed to secure— 40 i the selection for examination in any manner described in the warrant of any material obtained under the warrant by virtue of paragraph a 130 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants ii the disclosure in any manner described in the warrant of any such material to the person to whom the warrant is addressed or to any person acting on that person’s behalf 5 A bulk equipment interference warrant also authorises the following conduct in addition to the conduct described in the warrant — 5 a any conduct which it is necessary to undertake in order to do what is expressly authorised or required by the warrant including conduct for securing the obtaining of communications equipment data or other information b any conduct by any person which is conduct in pursuance of10 a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance in giving effect to the warrant 6 A bulk equipment interference warrant may not by virtue of subsection 4 a authorise a person to engage in conduct in relation to a communication 15 other than a stored communication which would unless done with lawful authority constitute an offence under section 3 1 unlawful interception 7 Subsection 5 a does not authorise a person to engage in conduct which could not be expressly authorised under the warrant because of the restriction imposed by subsection 6 20 8 In subsection 6 “stored communication” means a communication stored in or by a telecommunication system whether before or after its transmission 9 Any conduct which is carried out in accordance with a bulk equipment interference warrant is lawful for all purposes 164 Meaning of “equipment data” 25 1 In this Chapter “equipment data” means— a systems data b data which falls within subsection 2 2 The data falling within this subsection is identifying data which— a is for the purposes of a relevant system comprised in included as30 part of attached to or logically associated with a communication whether by the sender or otherwise or any other item of information b is capable of being logically separated from the remainder of the communication or the item of information and c if it were so separated would not reveal anything of what might 35 reasonably be considered to be the meaning if any of the communication or the item of information disregarding any meaning arising from the fact of the communication or the existence of the item of information or from any data relating to that fact 3 In subsection 2 “relevant system” means any system on or by means of 40which the data is held 4 For the meaning of “systems data” and “identifying data” see section 239 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 131 165 Power to issue bulk equipment interference warrants 1 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a bulk equipment interference warrant if— a the Secretary of State considers that the main purpose of the warrant is to obtain overseas-related communications overseas-related 5 information or overseas-related equipment data b the Secretary of State considers that the warrant is necessary— i in the interests of national security or ii on that ground and on any other grounds falling within subsection 2 10 c the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct d the Secretary of State considers that— i each of the specified operational purposes see section 170 15 is a purpose for which the examination of material obtained under the warrant is or may be necessary and ii the examination of such material for each such purpose is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary 20 e the Secretary of State considers that satisfactory arrangements made for the purposes of sections 177 and 178 safeguards relating to disclosure etc are in force in relation to the warrant and f except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue the warrant has been 25 approved by a Judicial Commissioner For the meaning of “head of an intelligence service” see section 239 2 A warrant is necessary on grounds falling within this subsection if it is necessary— a for the purpose of preventing or detecting serious crime or 30 b in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security but see subsection 3 3 A warrant may be considerednecessaryon the ground falling within subsection 2 b only if the interference with equipment which would 35 be authorised by the warrant is considered necessary for the purpose of obtaining information relating to the acts or intentions of persons outside the British Islands 4 An application for the issue of a bulk equipment interference warrant may only be made on behalf of the head of an intelligence service by a person holding 40 office under the Crown 166 Approval of warrants by Judicial Commissioners 1 In deciding whether to approve a decision to issue a warrant under section 165 a Judicial Commissioner must review the Secretary of State’s conclusions as to the following matters— 45 a whether the warrant is necessary as mentioned in subsection 1 b of that section 132 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants b whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct and c whether— i each of the specified operational purposes see section 170 is a purpose for which the examination of material obtained under 5 the warrant is or may be necessary and ii the examination of such material for each such purpose is necessary as mentioned in section 165 1 d ii 2 In doing so the Judicial Commissioner must— a apply the same principles as would be applied by a court on10an application for judicial review and b consider the matters referred to in subsection 1 with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 general duties in relation to privacy 15 3 Where a Judicial Commissioner refuses to approve a decision to issue a warrant under section 165 the Judicial Commissioner must give the Secretary of State written reasons for the refusal 4 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a decision to issue a warrant under section 20 165 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 167 Approval of warrants issued in urgent cases 1 This section applies where— a a warrant under section 165 is issued without the approval of a Judicial 25 Commissioner and b the Secretary of State considered that there was an urgent need to issue it 2 The Secretary of State must inform a Judicial Commissioner that it has been issued 30 3 The Judicial Commissioner must before the end of the relevant period— a decide whether to approve the decision to issue the warrant and b notify the Secretary of State of the Judicial Commissioner’s decision “The relevant period” means the period ending with the third working day after the day on which the warrant was issued 35 4 If a Judicial Commissioner refuses to approve the decision to issue a warrant the warrant unless already cancelled ceases to have effect 5 Section 168 contains further provision about what happens if a Judicial Commissioner refuses to approve a decision to issue a warrant 168 Failure to approve warrant issued in urgent case 40 1 This section applies where under section 167 3 a Judicial Commissioner refuses to approve a decision to issue a warrant Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 133 2 The person to whom the warrant was addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant stops as soon as possible 3 The Judicial Commissioner may— a authorise further interference with equipment for the purpose of 5 enabling the person to whom the warrant was addressed to secure that anything in the process of being done under the warrant stops as soon as possible b direct that any material obtained under the warrant is destroyed c impose conditions as to the use or retention of any of that material 10 4 The Judicial Commissioner— a may require an affected party to make representations about how the Judicial Commissioner should exercise any function under subsection 3 and b must have regard to any such representations made by an affected 15 party whether or not as a result of a requirement imposed under paragraph a 5 Each of the following is an “affected party” for the purposes of subsection 4 — a the Secretary of State b the person to whom the warrant was addressed 20 6 The Secretary of State may ask the Investigatory Powers Commissioner to review a decision made by any other Judicial Commissioner under subsection 3 7 On a review under subsection 6 the Investigatory Powers Commissioner may— 25 a confirm the Judicial Commissioner’s decision or b make a fresh determination 8 Nothing in this section or section 167 affects the lawfulness of— a anything done under the warrant before it ceases to have effect b if anything is in the process of being done under the warrant when30 it ceases to have effect— i anything done before that thing could be stopped or ii anything done that it is not reasonably practicable to stop 169 Decisions to issue warrants to be taken personally by Secretary of State 1 The decision to issue a bulk equipment interference warrant must be 35 taken personally by the Secretary of State 2 Before a bulk equipment interference warrant is issued it must be signed by the Secretary of State 3 If it is not reasonably practicable for a warrant to be signed by the Secretary of State the warrant may be signed by a senior official designated by 40the Secretary of State for that purpose 4 In such a case the warrant must contain a statement that— a it is not reasonably practicable for the warrant to be signed by the Secretary of State and 134 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants b the Secretary of State has personally and expressly authorised the issue of the warrant 170 Requirements that must be met by warrants 1 A bulk equipment interference warrant must contain a provision stating that it is a bulk equipment interference warrant 5 2 A bulk equipment interference warrant must be addressed to the head of the intelligence service by whom or on whose behalf the application for the warrant was made 3 A bulk equipment interference warrant must describe the conduct that is authorised by the warrant 10 4 A bulk equipment interference warrant must specify the operational purposes for which any material obtained under the warrant may be selected for examination 5 The operational purposes specified in the warrant must be ones specified in a list maintained by the heads of the intelligence services “the list of operational 15 purposes” as purposes which they consider are operational purposes for which material obtained under bulk equipment interference warrants may be selected for examination 6 The warrant may in particular specify all of the operational purposes which at the time the warrant is issued are specified in the list of operational 20 purposes 7 An operational purpose may be specified in the list of operational purposes only with the approval of the Secretary of State 8 The Secretary of State may give such approval only if satisfied that the operational purpose is specified in a greater level of detail than the descriptions 25 contained in section 165 1 b or 2 9 At the end of each relevant three-month period the Secretary of State must give a copy of the list of operational purposes to the Intelligence and Security Committee of Parliament 10 In subsection 9 “relevant three-month period” means— 30 a the period of three months beginning with the day on which this section comes into force and b each successive period of three months 11 The Prime Minister must review the list of operational purposes at least once a year 35 12 In this Chapter “the specified operational purposes” in relation to a bulk equipment interference warrant means the operational purposes specified in the warrant in accordance with this section Duration modification and cancellation of warrants 171 Duration of warrants 40 1 A bulk equipment interference warrant ceases to have effect at the end of the relevant period see subsection 2 unless— Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 135 a it is renewed before the end of that period see section 172 or b it is cancelled or otherwise ceases to have effect before the end of that period see sections 167 and 175 2 In this section “the relevant period”— a in the case of an urgent warrant see subsection 3 means the period 5 ending with the fifth working day after the day on which the warrant was issued b in any other case means the period of 6 months beginning with— i the day on which the warrant was issued or ii in the case of a warrant which has been renewed the day after 10 the day at the end of which the warrant would have ceased to have effect if it had not been renewed 3 For the purposes of subsection 2 a a warrant is an “urgent warrant” if— a the warrant was issued without the approval of a Judicial Commissioner and 15 b the person who decided to issue the warrant considered that there was an urgent need to issue it 172 Renewal of warrants 1 If the renewal conditions are met a bulk equipment interference warrant may be renewed at any time during the renewal period by an instrument issued 20 by the Secretary of State This is subject to subsection 6 2 The renewal conditions are— a that the Secretary of State considers that the warrant continues to be necessary— 25 i in the interests of national security or ii on that ground and on any other grounds falling within section 165 2 b that the Secretary of State considers that the conduct that would be authorised by the renewed warrant continues to be proportionate to 30 what is sought to be achieved by that conduct c that the Secretary of State considers that— i each of the specified operational purposes see section 170 is a purpose for which the examination of material obtained under the warrant continues to be or may be necessary and 35 ii the examinationof such material for each such purpose continues to be necessary on any of the grounds on which the Secretary of State considers that the warrant continues to be necessary and d that the decision to renew the warrant has been approved by a Judicial 40 Commissioner 3 “The renewal period” means— a in the case of an urgent warrant which has not been renewed the relevant period b in any other case the period of 30 days ending with the day at the45 end of which the warrant would otherwise cease to have effect 136 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 4 The decision to renew a bulk equipment interference warrant must be taken personally by the Secretary of State and the instrument renewing the warrant must be signed by the Secretary of State 5 Section 166 approval of warrants by Judicial Commissioners applies in relation to a decision to renew a bulk equipment interference warrant 5 as it applies in relation to a decision to issue a bulk equipment interference warrant This is subject to subsection 6 6 In the case of a bulk equipment interference warrant which has been modified so that it no longer authorises or requires the securing of interference with any equipment or the obtaining of any communications equipment data or other 10 information— a the renewal condition in subsection 2 a is to be disregarded b the reference in subsection 2 c ii to the grounds on which the Secretary of State considers the warrant to be necessary is to be read as a reference to any grounds falling within section 165 1 b or 2 and 15 c section 166 has effect as if— i paragraph a of subsection 1 were omitted and ii the reference in subsection 1 c ii to the grounds on which the Secretary of State considers the warrant to be necessary were a reference to any grounds falling within section 165 1 b or 2 20 7 In this section— “the relevant period” has the same meaning as in section 171 “urgent warrant” is to be read in accordance with subsection 3 of that section 173 Modification of warrants 25 1 The provisions of a bulk equipment interference warrant may be modified at any time by an instrument issued by the person making the modification 2 The modifications which may be made under this section are— a adding varying or removing any operational purpose specified in the warrant as a purpose for which any material obtained under 30 the warrant may be selected for examination and b adding varying or removing any description of conduct authorised by the warrant 3 In this section— a a modification adding or varying any operational purpose or 35 any description of conduct as mentioned in subsection 2 is referred to as a “major modification” and b any other modification within that subsection is referred to as a “minor modification” 4 A major modification adding or varying any operational purpose— 40 a must be made by the Secretary of State and b may be made only if the Secretary of State considers that it is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary see section 165 1 b 5 A major modification adding or varying any description of conduct— a must be made by the Secretary of State and 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 137 b may be made only if the Secretary of State considers— i that the modification is necessary on any of the grounds on which the Secretaryof State considersthe warrant to be necessary see section 165 1 b and ii that the conduct authorised by the modification is 5 proportionate to what is sought to be achieved by that conduct 6 Except where the Secretary of State considers that there is an urgent need to make the modification a major modification has effect only if the decision to make the modification is approved by a Judicial Commissioner 7 Section 166 approval of warrants by Judicial Commissioners applies 10in relation to a decision to make a major modification of a bulk equipment interference warrant as it applies in relation to the decision to issue a bulk equipment interference warrant Section 174 contains provision about the approval of major modifications made in urgent cases 15 8 A minor modification may be made by— a the Secretary of State or b a senior official acting on behalf of the Secretary of State 9 Where a minor modification is made by a senior official the Secretary of State must be notified personally of the modification and the reasons for making 20it 10 If at any time a person mentioned in subsection 8 considers that any operational purpose specified in a warrant is no longer a purpose for which the examination of material obtained under the warrant is or may be necessary the person must modify the warrant by removing that operational purpose 11 The decision to modify the provisions of a warrant must be taken personally 25 by the person making the modification and the instrument making the modification must be signed by that person This is subject to subsection 12 12 If it is not reasonablypracticablefor an instrument making a major modification to be signed by the Secretary of State the instrument30may be signed by a senior official designated by the Secretary of State for that purpose 13 In such a case the instrument making the modification must contain a statement that— a it is not reasonably practicable for the instrument to be signed by the Secretary of State and 35 b the Secretary of State has personally and expressly authorised the making of the modification 14 Despite section 163 1 b and 4 a the modification of a bulk equipment interference warrant so that it no longer authorises or requires the securing of interference with any equipment or the obtaining of any communications 40 equipment data or other information does not prevent the warrant from being a bulk equipment interference warrant 15 Nothing in this section applies in relation to modifying the provisions of a warrant in a way which does not affect the conduct authorised by it 138 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 174 Approval of major modifications made in urgent cases 1 This section applies where— a the Secretary of State makes a major modification of a bulk equipment interference warrant without the approval of a Judicial Commissioner and 5 b the Secretary of State considered that there was an urgent need to make the modification 2 The Secretaryof State must inform a Judicial Commissionerthat the modification has been made 3 The Judicial Commissioner must before the end of the relevant period— 10 a decide whether to approve the decision to make the modification and b notify the Secretary of State of the Judicial Commissioner’s decision “The relevant period” means the period ending with the fifth working day after the day on which the modification was made 4 If the Judicial Commissioner refuses to approve the decision to make 15 the modification— a the warrant unless it no longer has effect has effect as if the modification had not been made and b the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of20being done under the warrant by virtue of that modification stops as soon as possible 5 The Judicial Commissioner may authorise further interference with equipment for the purpose of enabling the person to whom the warrant is addressed to secure that anything in the process of being done under the warrant by virtue 25 of the modification stops as soon as possible 6 Nothing in this section affects the lawfulness of— a anything done under the warrant by virtue of the modification before the modification ceases to have effect b if anything is in the process of being done under the warrant by virtue 30 of the modification when the modification ceases to have effect— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 175 Cancellation of warrants 1 The Secretary of State or a senior official acting on behalf of the Secretary 35of State may cancel a bulk equipment interference warrant at any time 2 If the Secretary of State or a senior official acting on behalf of the Secretary of State considers that any of the cancellation conditions are met in relation to a bulk equipment interference warrant the person must cancel the warrant 3 The cancellation conditions are— 40 a that the warrant is no longer necessary in the interests of national security b that the conduct authorised by the warrant is no longer proportionate to what is sought to be achieved by that conduct Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 139 c that the examination of material obtained under the warrant is no longer necessary for any of the specified operational purposes see section 170 4 But the condition in subsection 3 a does not apply where the warrant has been modified so that it no longer authorises or requires the securing 5 of interference with any equipment or the obtaining of any communications equipment data or other information 5 Where a warrant is cancelled under this section the person to whom the warrant was addressed must so far as is reasonably practicable secure that anything in the process of being done under the warrant stops as 10 soon as possible 6 A warrant that has been cancelled under this section may not be renewed Implementation of warrants 176 Implementation of warrants 1 In giving effect to a bulk equipment interference warrant the person to whom 15 it is addressed “the implementing authority” may in addition to acting alone act through or together with such other persons as the implementing authority may require whether under subsection 2 or otherwise to provide the authority with assistance in giving effect to the warrant 2 For the purpose of requiring any person to provide assistance in relation to 20a bulk equipment interference warrant the implementing authority may— a serve a copy of the warrant on any person who the implementing authority considers may be able to provide such assistance or b make arrangements for the service of a copy of the warrant on any such person 25 3 A copy of a warrant may be served under subsection 2 on a person outside the United Kingdom for the purpose of requiring the person to provide such assistance in the form of conduct outside the United Kingdom 4 For the purposes of this Act the provision of assistance in giving effect to a bulk equipment interferencewarrant includes any disclosure to the 30 implementing authority or to persons acting on behalf of the implementing authority of material obtained under the warrant 5 Sections120 serviceof warrants and 121 duty of telecommunications operators to assist with implementation apply in relation to a bulk equipment interferencewarrant as they apply in relation to a targetedequipment 35 interference warrant issued under section 97 by the Secretary of State 6 References in this section and in sections 120 and 121 as they apply in relation to bulk equipment interference warrants to the service of a copy of a warrant include— a the service of a copy of one or more schedules contained in the warrant 40 with the omission of the remainder of the warrant and b the service of a copy of the warrant with the omission of any schedule contained in the warrant 140 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants Restrictions on use or disclosure of material obtained under warrants etc 177 Safeguards relating to retention and disclosure of material 1 The Secretary of State must ensure in relation to every bulk equipment interference warrant that arrangements are in force for securing— a that the requirements of subsections 2 and 5 are met in relation 5to the material obtained under the warrant and b that the requirements of section 179 are met in relation to that material This is subject to subsection 8 2 The requirements of this subsection are met in relation to the material obtained under the warrant if each of the following is limited to the minimum that 10 is necessary for the authorised purposes see subsection 3 — a the number of persons to whom any of the material is disclosed or otherwise made available b the extent to which any of the material is disclosed or otherwise made available 15 c the extent to which any of the material is copied d the number of copies that are made 3 For the purposes of subsection 2 something is necessary for the authorised purposes if and only if— a it is or is likely to become necessary in the interests of national security 20 or on any other grounds falling within section 165 2 b it is necessary for facilitating the carrying out of any functions under this Act of the Secretary of State the Scottish Ministers or the head of the intelligence service to whom the warrant is or was addressed c it is necessary for facilitating the carrying out of any functions of the 25 Judicial Commissioners or of the Investigatory Powers Tribunal under or in relation to this Act d it is necessary for the purpose of legal proceedings or e it is necessary for the performance of the functions of any person under any enactment 30 4 The arrangements for the time being in force under this section for securing that the requirements of subsection 2 are met in relation to the material obtained under the warrant must include arrangements for securing that every copy made of any of that material is stored for so long as it is retained in a secure manner 35 5 The requirements of this subsection are met in relation to the material obtained under the warrant if every copy made of any of that material if not destroyed earlier is destroyed as soon as there are no longer any relevant grounds for retaining it see subsection 6 6 For the purposes of subsection 5 there are no longer any relevant grounds 40 for retaining a copy of any material if and only if— a its retention is not necessary or not likely to become necessary in the interests of national security or on any other grounds falling within section 165 2 and b its retention is not necessary for any of the purposes mentioned 45 in paragraphs b to e of subsection 3 above 7 Subsection 8 applies if— Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 141 a any material obtained under the warrant has been handed over to any overseas authorities or b a copy of any such material has been given to any overseas authorities 8 To the extent that the requirements of subsections 2 and 5 relate to any of the material mentioned in subsection 7 a or to the copy mentioned 5 in subsection 7 b the arrangements made for the purpose of this section are not required to secure that those requirements are met see instead section 178 9 In this section— “copy” in relation to any material obtained under a warrant means any of the following whether or not in documentary form — 10 a any copy extract or summary of the material which identifies the material as having been obtained under the warrant and b any record which is a record of the identities of persons who owned used or were in possession of the equipment which was interfered with to obtain that material 15 and “copied” is to be read accordingly “overseas authorities” means authorities of a country or territory outside the United Kingdom 178 Safeguards relating to disclosure of material overseas 1 The Secretary of State must ensure in relation to every bulk equipment 20 interference warrant that arrangements are in force for securing that— a any material obtained under the warrant is handed over to overseas authorities only if the requirements of subsection 2 are met and b copies of any such material are given to overseas authorities only if those requirements are met 25 2 The requirements of this subsection are met in the case of a warrant if it appears to the Secretary of State that requirements corresponding to the requirements of section 177 2 and 5 will apply to such extent if any as the Secretary of State considers appropriate in relation to any of the material which is handed over or any copy of which is given to the authorities in question 30 3 In this section— “copy” has the same meaning as in section 177 “overseas authorities” means authorities of a country or territory outside the United Kingdom 179 Safeguards relating to examination of material etc 35 1 For the purposes of section 177 the requirements of this section are met in relation to the material obtained under a warrant if— a the selection of any of the material obtained under the warrant for examinationis carried out only for the specified purposes see subsection 2 40 b the selection of any of the material for examination is necessary and proportionate in all the circumstances and c where any such material is protected material the selection of the material for examination meets any of the selection conditions see subsection 3 45 142 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 2 The selection of material obtained under the warrant for examination is carried out only for the specified purposes if the material is selected for examination only so far as is necessary for the operational purposes specified in the warrant in accordance with section 170 In this subsection “specified in the warrant” means specified in the warrant 5 at the time of the selection of the material for examination 3 The selection conditions referred to in subsection 1 c are— a that the selection of the protected material for examination does not breach the prohibition in subsection 4 b that the person to whom the warrant is addressed reasonably considers 10 that the selection of the protected material for examination would not breach that prohibition c that the selection of the protected material for examination in breach of that prohibition is authorised by subsection 5 d that the selection of the protected material for examination in breach 15 of that prohibition is authorised by a targeted examination warrant issued under Part 5 4 The prohibition referred to in subsection 3 a is that the protected material may not at any time be selected for examination if— a any criteria used for the selection of the material for examination are 20 referable to an individual known to be in the British Islands at that time and b the purpose of using those criteria is to identify protected material consisting of communications sent by or intended for that individual or private information relating to that individual 25 It does not matter for the purposes of this subsection whether the identity of the individual is known 5 The selection of protected material “the relevant material” for examination is authorised by this subsection if— a criteria referable to an individual have been or are being used for30 the selection of material for examination in circumstances falling within subsection 3 a or b b at any time it appears to the person to whom the warrant is addressed that there has been a relevant change of circumstances in relation to the individual see subsection 6 which would mean that the selection 35of the relevant material for examination would breach the prohibition in subsection 4 c since that time a written authorisation to examine the relevant material using those criteria has been given by a senior officer and d the selection of the relevant material for examination is made before 40 the end of the permitted period see subsection 7 6 For the purposes of subsection 5 b there is a relevant change of circumstances in relation to an individual if— a the individual has entered the British Islands or b a belief by the person to whom the warrant is addressed that 45 the individual was outside the British Islands was in fact mistaken 7 In subsection 5 — “senior officer” in relation to a warrant addressed to the head of an intelligence service means a member of the intelligence service who— Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 143 a is a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service or b holds a position in the intelligenceservice of equivalent seniority to such a member 5 “the permitted period” means the period ending with the fifth working day after the time mentioned in subsection 5 b 8 In a case where the selectionof protectedmaterial for examinationis authorised by subsection 5 the person to whom the warrant is addressed must notify the Secretary of State that the selection is being carried out 10 9 In this Part “protected material” means any material obtained under the warrant other than material which is— a equipment data b information other than a communication or equipment data which is not private information 15 180 Additional safeguards for items subject to legal privilege 1 Subsection 2 applies if in a case where protected material obtained under a bulk equipment interference warrant is to be selected for examination— a the selection of the material for examination meets any of the selection conditions in section 179 3 a to c and 20 b either— i the purpose or one of the purposes of using the criteria to be used for the selection of the material for examination “the relevant criteria” isto identify any itemssubject to legal privilege or 25 ii the use of the relevant criteria is likely to identify such items 2 The material may be selected for examination using the relevant criteria only if a senior official acting on behalf of the Secretary of State has approved the use of those criteria 3 A senior official may give an approval under subsection 2 only if— 30 a the official considers that the arrangements made for the purposes of section 177 safeguards relating to retention and disclosure of material include specific arrangements for the handling retention use and destruction of items subject to legal privilege and b where subsection 1 b i applies the official considers that there 35 are exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria 4 Where an item subject to legal privilege is retained following its examination under a bulk equipment interference warrant the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon40 as is reasonably practicable For provision about the grounds for retaining material obtained under a bulk equipment interference warrant see section 177 181 Application of other restrictions in relation to warrants Sections 124 to 126 duty not to make unauthorised disclosures apply 45 in relation to bulk equipment interference warrants as they apply in relation to 144 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants targeted equipment interference warrants but as if the reference in section 125 2 c to a requirement for disclosure imposed by virtue of section 119 4 were a reference to such a requirement imposed by virtue of section 176 4 Interpretation 182 Chapter 3 interpretation 5 1 In this Chapter— “communication” includes— a anything comprising speech music sounds visual images or data of any description and b signals serving either for the impartation of anything between 10 persons between a person and a thing or between things or for the actuation or control of any apparatus “equipment” means equipment producing electromagnetic acoustic or other emissions or any device capable of being used in connection with such equipment 15 “equipment data” has the meaning given by section 164 “private information” includes information relating to a person’s private or family life “protected material” in relation to a bulk equipment interference warrant has the meaning given by section 179 9 20 “senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service “the specified operational purposes” has the meaning given by section 170 12 25 2 See also— section 237 telecommunications definitions section 239 general definitions section 240 index of defined expressions PART 7 30 BULK PERSONAL DATASET WARRANTS Bulk personal datasets interpretation 183 Bulk personal datasets interpretation 1 For the purposes of this Part an intelligence service retains a bulk personal dataset if— 35 a the intelligence service obtains a set of information that includes personal data relating to a number of individuals b the nature of the set is such that the majority of the individuals are not and are unlikely to become of interest to the intelligence service in the exercise of its functions 40 c after any initial examination of the contents the intelligence service retains the set for the purpose of the exercise of its functions and Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 145 d the set is held or is to be held electronically for analysis in the exercise of those functions 2 In this Part “personal data” has the same meaning as in the Data Protection Act 1998 except that it also includes data relating to a deceased individual where the data would be personal data within the meaning of that Act if it related5 to a living individual Requirement for warrant 184 Requirement for authorisation by warrant general 1 An intelligence service may not exercise a power to retain a bulk personal dataset unless the retention of the dataset is authorised by a warrant under 10 this Part 2 An intelligence service may not exercise a power to examine a bulk personal dataset retained by it unless the examination is authorised by a warrant under this Part 3 For the purposes of this Part there are two kinds of warrant— 15 a a warrant referred to in this Part as “a class BPD warrant” authorising an intelligence service to retain or to retain and examine any bulk personal dataset of a class described in the warrant b a warrant referred to in this Part as “a specific BPD warrant” authorising an intelligence service to retain or to retain and examine 20 any bulk personal dataset described in the warrant 4 Section 185 sets out exceptions to the restrictions imposed by subsections 1 and 2 of this section 185 Exceptions to section 184 1 and 2 1 Section 184 1 or 2 does not apply to the exercise of a power of an intelligence 25 service to retain or as the case may be examine a bulk personal dataset if the intelligence service obtained the bulk personal dataset under a warrant or other authorisation issued or given under this Act 2 Section 184 1 or 2 does not apply at any time when a bulk personal dataset is being retained or as the case may be examined for the purpose of enabling 30 any of the information contained in it to be destroyed 3 Sections 192 8 200 7 and 201 5 provide for other exceptions to section 184 1 or 2 in connection with cases where a Judicial Commissioner refuses to approve a specific BPD warrant the non-renewal or cancellation of BPD warrants and initial examinations 35 186 Restriction on use of class BPD warrants 1 An intelligence service may not retain or retain and examine a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service considers— a that the bulk personal dataset consists of or includes health records 40 or b that a substantial proportion of the bulk personal dataset consists of sensitive personal data 146 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 2 An intelligence service may not retain or retain and examine a bulk personal dataset in reliance on a class BPD warrant if the head of the intelligence service considers that the nature of the bulk personal dataset or the circumstances in which it was created is or are such that its retention or retention and examination by the intelligence service raises novel or contentious 5 issues which ought to be consideredby the Secretaryof State and a Judicial Commissioner on an application by the head of the intelligence service for a specific BPD warrant 3 In subsection 1 — “health records” has the same meaning as in section 189 10 “sensitive personal data” means personal data consisting of information about an individual whether living or deceased which is of a kind mentioned in section 2 a to f of the Data Protection Act 1998 Issue of warrants 187 Class BPD warrants 15 1 The head of an intelligence service or a person acting on his or her behalf may apply to the Secretary of State for a class BPD warrant 2 The application must include— a a description of the class of bulk personal datasets to which the application relates and 20 b in a case where the intelligence service wishes to examine bulk personal datasetsof that class the operational purposes for which the intelligence service wishes to do so 3 The Secretary of State may issue the warrant if— a the Secretary of State considers that the warrant is necessary— 25 i in the interests of national security ii for the purposes of preventing or detecting serious crime or iii in the interestsof the economicwell-being of the United Kingdom so far as those interests are also relevant to the interests of national security 30 b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by the conduct c where the warrant authorises the examination of bulk personal datasets of the class described in the warrant the Secretary of State considers 35 that— i each of the specified operational purposes see section 194 is a purpose for which the examination of bulk personal datasets of that class is or may be necessary and ii the examination of bulk personal datasets of that class for each 40 such purpose is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary d the Secretary of State considers that the arrangements made by the intelligence service for storing bulk personal datasets of the class to which the application relates and for protecting them from 45 unauthorised disclosure are satisfactory and Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 147 e the decision to issue the warrant has been approved by a Judicial Commissioner 4 The fact that a class BPD warrant would authorise the retention or the retention and examination of bulk personal datasets relating to activities in the British Islands of a trade union is not of itself sufficient to establish that the 5 warrant is necessary on grounds falling within subsection 3 a 5 An application for a class BPD warrant may only be made on behalf of the head of an intelligence service by a person holding office under the Crown 188 Specific BPD warrants 1 The head of an intelligence service or a person acting on his or her behalf 10 may apply to the Secretary of State for a specific BPD warrant in the following cases 2 Case 1 is where— a the intelligence service wishes to retain or to retain and examine a bulk personal dataset and b the bulk personal dataset does not fall within a class described in a15 class BPD warrant 3 Case 2 is where— a the intelligence service wishes to retain or to retain and examine a bulk personal dataset and b the bulk personal dataset falls within a class described in a class BPD 20 warrant but either— i the intelligence service is prevented by section 186 1 or 2 from retaining or retaining and examining the bulk personal dataset in reliance on the class BPD warrant or ii the intelligence service at any time considers that it would be 25 appropriate to seek a specific BPD warrant 4 The application must include— a a description of the bulk personal dataset to which the application relates and b in a case where the intelligence service wishes to examine the 30 bulk personal dataset the operational purposes for which the intelligence service wishes to do so 5 Where subsection 3 b i applies the application must include an explanation of why the intelligence service is prevented by section 186 1 or 2 from retaining or retaining and examining the bulk personal dataset in reliance 35 on a class BPD warrant 6 The Secretary of State may issue the warrant if— a the Secretary of State considers that the warrant is necessary— i in the interests of national security ii for the purposes of preventing or detecting serious crime or40 iii in the interestsof the economicwell-being of the United Kingdom so far as those interests are also relevant to the interests of national security b the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by45 the conduct 148 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants c where the warrant authorises the examination of a bulk personal dataset the Secretary of State considers that— i each of the specified operational purposes see section 194 is a purpose for which the examination of the bulk personal dataset is or may be necessary and 5 ii the examination of the bulk personal dataset for each such purpose is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary d the Secretary of State considers that the arrangements made by the intelligenceservice for storing the bulk personal datasetand for 10 protecting it from unauthorised disclosure are satisfactory and e except where the Secretary of State considers that there is an urgent need to issue the warrant the decision to issue it has been approved by a Judicial Commissioner 7 The fact that a specific BPD warrant would authorise the retention 15 or the retention and examination of bulk personal datasets relating to activities in the British Islands of a trade union is not of itself sufficient to establish that the warrant is necessary on grounds falling within subsection 6 a 8 A specific BPD warrant relating to a bulk personal dataset “dataset A” may also authorise the retention or examination of other bulk personal datasets 20 “replacement datasets” that do not exist at the time of the issue of the warrant but may reasonably be regarded as replacements for dataset A 9 An application for a specific BPD warrant may only be made on behalf of the head of an intelligence service by a person holding office under the Crown 189 Additional safeguards for health records 25 1 Subsections 2 and 3 apply if— a an application is made by or on behalf of the head of an intelligence service for the issue of a specific BPD warrant and b the purpose or one of the purposes of the warrant is to authorise the retention or the retention and examination of health records 30 2 The application must contain a statement that the purpose or one of the purposes of the warrant is to authorise the retention or the retention and examination of health records 3 The Secretary of State may issue the warrant only if the Secretary of State considers that there are exceptional and compelling circumstances that make 35 it necessary to authorise the retention or the retention and examination of health records 4 Subsection 5 applies if— a an application is made by or on behalf of the head of an intelligence service for a specific BPD warrant 40 b the head of the intelligence service considers that the bulk personal dataset includes or is likely to include health records and c subsections 2 and 3 do not apply 5 The application must contain either— a a statement that the head of the intelligence service considers that 45the bulk personal dataset includes health records or Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 149 b a statement that the head of the intelligence service considers that it is likely that the bulk personal dataset includes health records and an assessment of how likely this is 6 In this section “health record” means a record or a copy of a record which— a consists of information relating to the physical or mental health 5 or condition of an individual b was made by or on behalf of a health professional in connection with the care of that individual and c was obtained by the intelligence service from a health professional or a health service body or from a person acting on behalf of a health 10 professional or a health service body in relation to the record or the copy 7 In subsection 6 — “health professional” has the same meaning as in the Data Protection Act 1998 see section 69 of that Act 15 “health service body” has the meaning given by section 69 3 of that Act 190 Approval of warrants by Judicial Commissioners 1 In deciding whether to approve a decision to issue a class BPD warrant or a specific BPD warrant a Judicial Commissioner must review the Secretary of State’s conclusions as to the following matters— 20 a whether the warrant is necessary on grounds falling within section 187 3 a or as the case may be section 188 6 a b whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct and c where the warrant authorises examination of bulk personal datasets 25of a class described in the warrant or as the case may be of a bulk personal dataset described in the warrant whether— i each of the specified operational purposes see section 194 is a purpose for which the examination of bulk personal datasets of that class or as the case may be the bulk personal dataset30 is or may be necessary and ii the examination of bulk personal datasets of that class or as the case may be the bulk personal dataset is necessaryas mentioned in section 187 3 c ii or as the case may be section 188 6 c ii 35 2 In doing so the Judicial Commissioner must— a apply the same principles as would be applied by a court on an application for judicial review and b consider the matters referred to in subsection 1 with a sufficient degree of care as to ensure that the Judicial Commissioner complies 40 with the duties imposed by section 2 general duties in relation to privacy 3 Where a Judicial Commissioner refuses to approve a decision to issue a class BPD warrant or a specific BPD warrant the Judicial Commissioner must give the Secretary of State written reasons for the refusal 45 4 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a decision to issue a class BPD warrant or a 150 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants specific BPD warrant the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 191 Approval of specific BPD warrants issued in urgent cases 1 This section applies where— a a specific BPD warrant is issued without the approval of a Judicial 5 Commissioner and b the Secretary of State considered that there was an urgent need to issue it 2 The Secretary of State must inform a Judicial Commissioner that it has been issued 10 3 The Judicial Commissioner must before the end of the relevant period— a decide whether to approve the decision to issue the warrant and b notify the Secretary of State of the Judicial Commissioner’s decision “The relevant period” means the period ending with the third working day after the day on which the warrant was issued 15 4 If a Judicial Commissioner refuses to approve the decision to issue a specific BPD warrant the warrant— a ceases to have effect unless already cancelled and b may not be renewed 5 Section 192 contains further provision about what happens if a Judicial 20 Commissioner refuses to approve a decision to issue a warrant 192 Failure to approve specific BPD warrant issued in urgent case 1 This section applies where under section 191 3 a Judicial Commissioner refuses to approve the decision to issue a warrant 2 The head of the intelligence service to whom the warrant was addressed 25 must so far as is reasonably practicable secure that anything in the process of being done in reliance on the warrant stops as soon as possible 3 The Judicial Commissioner may— a direct that the whole or part of a bulk personal dataset retained in reliance on the warrant is destroyed 30 b impose conditions as to the use or retention of the whole or part of any such bulk personal dataset 4 The Judicial Commissioner— a may require an affected party to make representations about how the Judicial Commissioner should exercise any function under subsection 35 3 and b must have regard to any such representations made by an affected party whether or not as a result of a requirement imposed under paragraph a 5 Each of the following is an “affected party” for the purposes of subsection40 4 — a the Secretary of State b the head of the intelligenceservice to whom the warrant was addressed Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 151 6 The Secretary of State may ask the Investigatory Powers Commissioner to review a decision made by any other Judicial Commissioner under subsection 3 7 On a review under subsection 6 the Investigatory Powers Commissioner may— 5 a confirm the Judicial Commissioner’s decision or b make a fresh determination 8 An intelligence service is not to be regarded as in breach of section 184 1 or 2 where it retains or as the case may be examines a bulk personal dataset in accordance with conditions imposed under subsection 3 b 10 9 Nothing in this section or section 191 affects the lawfulness of— a anything done in reliance on the warrant before it ceases to have effect b if anything is in the process of being done in reliance on the warrant when it ceases to have effect— i anything done before that thing could be stopped or 15 ii anything done that it is not reasonably practicable to stop 193 Decisions to issue warrants to be taken personally by Secretary of State 1 The decision to issue a class BPD warrant or a specific BPD warrant must be taken personally by the Secretary of State 2 Before a class BPD warrant is issued it must be signed by the Secretary of 20State 3 Before a specific BPD warrant is issued it must be signed by the Secretary of State subject to subsection 4 4 If it is not reasonably practicable for a specific BPD warrant to be signed by the Secretary of State it may be signed by a senior official designated by the Secretary of State for that purpose 25 5 In such a case the warrant must contain a statement that— a it is not reasonably practicable for the warrant to be signed by the Secretary of State and b the Secretary of State has personally and expressly authorised the issue of the warrant 30 194 Requirements that must be met by warrants 1 A class BPD warrant or a specific BPD warrant must contain a provision stating whether it is a class BPD warrant or as the case may be a specific BPD warrant 2 A class BPD warrant or a specific BPD warrant must be addressed to the head 35 of the intelligence service by whom or on whose behalf the application for the warrant was made 3 A class BPD warrant must— a include a description of the class of bulk personal datasets to which the warrant relates and 40 b where the warrant authorises examination of bulk personal datasets of that class specify the operational purposes for which data contained in bulk personal datasets of that class may be selected for examination 152 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 4 A specific BPD warrant must— a describe the bulk personal dataset to which the warrant relates b where the warrant authorises the retention or examination of replacement datasets include a description that will enable those datasets to be identified and 5 c where the warrant authorises the examination of the bulk personal dataset or replacement datasets specify the operational purposes for which data contained in the bulk personal dataset and any replacement datasets may be selected for examination 5 The operational purposes specified in a class BPD warrant or a specific BPD 10 warrant must be ones specified in a list maintained by the heads of the intelligence services “the list of operational purposes” as purposes which they consider are operational purposes for which data contained in bulk personal datasets retained in reliance on class BPD warrants or specific BPD warrants may be selected for examination 15 6 A class BPD warrant or a specific BPD warrant may in particular specify all of the operational purposes which at the time the warrant is issued are specified in the list of operational purposes 7 An operational purpose may be specified in the list of operational purposes only with the approval of the Secretary of State 20 8 The Secretary of State may give such approval only if satisfied that the operational purpose is specified in a greater level of detail than the descriptions contained in section 187 3 a or as the case may be section 188 6 a 9 At the end of each relevant three-month period the Secretary of State must give a copy of the list of operational purposes to the Intelligence and Security 25 Committee of Parliament 10 In subsection 9 “relevant three-month period” means— a the period of three months beginning with the day on which this section comes into force and b each successive period of three months 30 11 The Prime Minister must review the list of operational purposes at least once a year 12 In this Part “the specified operational purposes” in relation to a class BPD warrant or a specific BPD warrant means the operational purposes specified in the warrant in accordance with this section 35 Duration modification and cancellation 195 Duration of warrants 1 A class BPD warrant or a specific BPD warrant ceases to have effect at the end of the relevant period see subsection 2 unless— a it is renewed before the end of that period see section 196 or 40 b it is cancelled or in the case of a specific BPD warrant otherwise ceases to have effect before the end of that period see sections 191 and 199 2 In this section “the relevant period”— Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 153 a in the case of an urgent specific BPD warrant see subsection 3 means the period ending with the fifth working day after the day on which the warrant was issued b in any other case means the period of 6 months beginning with— i the day on which the warrant was issued or 5 ii in the case of a warrant that has been renewed the day after the day at the end of which the warrant would have ceased to have effect if it had not been renewed 3 For the purposes of subsection 2 a a specific BPD warrant is an “urgent specific BPD warrant” if— 10 a the warrant was issued without the approval of a Judicial Commissioner and b the Secretary of State considered that there was an urgent need to issue it 4 For provision about the renewal of warrants see section 196 15 196 Renewal of warrants 1 If the renewal conditions are met a class BPD warrant or a specific BPD warrant may be renewed at any time during the renewal period by an instrument issued by the Secretary of State 2 The renewal conditions are— 20 a that the Secretary of State considers that the warrant continues to be necessary on grounds falling within section 187 3 a or as the case may be section 188 6 a b that the Secretary of State considers that the conduct that would be authorised by the renewed warrant continues to be proportionate to 25 what is sought to be achieved by the conduct c where the warrant authorises examination of bulk personal datasets of a class described in the warrant or as the case may be of a bulk personal dataset described in the warrant that the Secretary of State considers that— 30 i each of the specified operational purposes see section 194 is a purpose for which the examination of bulk personal datasets of that class or as the case may be the bulk personal dataset continues to be or may be necessary and ii the examination of bulk personal datasets of that class or as 35the case may be the bulk personal dataset continues to be necessary on any of the grounds on which the Secretary of State considers that the warrant continues to be necessary and d that the decision to renew the warrant has been approved by a Judicial Commissioner 40 3 “The renewal period” means— a in the case of an urgent specific BPD warrant which has not been renewed the relevant period b in any other case the period of 30 days ending with the day at the end of which the warrant would otherwise cease to have effect 45 154 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 4 The decision to renew a class BPD warrant or a specific BPD warrant must be taken personally by the Secretary of State and the instrument renewing the warrant must be signed by the Secretary of State 5 Section 190 approval of warrants by Judicial Commissioner applies in relation to a decision to renew a warrant as it applies in relation to a decision 5 to issue a warrant 6 In this section— “the relevant period” has the same meaning as in section 195 “urgent specific BPD warrant” is to be read in accordance with subsection 3 of that section 10 197 Modification of warrants 1 The provisions of a class BPD warrant or a specific BPD warrant may be modified at any time by an instrument issued by the person making the modification 2 The only modifications which may be made under this section are— 15 a in the case of a class BPD warrant adding varying or removing any operational purpose specified in the warrant as a purpose for which bulk personal datasets of a class described in the warrant may be examined b in the case of a specific BPD warrant adding varying or removing 20 any operational purpose specified in the warrant as a purpose for which the bulk personal dataset described in the warrant may be examined 3 In this section— a a modification adding or varying any operational purpose is referred to as a “major modification” and 25 b a modification removing any operational purpose is referred to as a “minor modification” 4 A major modification— a must be made by the Secretary of State and b may be made only if the Secretary of State considers that it is necessary 30 on any of the grounds on which the Secretary of State considers the warrant to be necessary see section 187 3 a or as the case may be section 188 6 a 5 Except where the Secretary of State considers that there is an urgent need to make the modification a major modification has effect only if the decision 35to make the modification is approved by a Judicial Commissioner 6 Section 190 approval of warrants by Judicial Commissioners applies in relation to a decision to make a major modification of a class BPD warrant or a specific BPD warrant as it applies in relation to the decision to issue such a warrant 40 Section 198 contains provision about the approval of major modifications made in urgent cases 7 A minor modification may be made by— a the Secretary of State or b a senior official acting on behalf of the Secretary of State 45 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 155 8 Where a minor modification is made by a senior official the Secretary of State must be notified personally of the modification and the reasons for making it 9 If at any time a person mentioned in subsection 7 considers that any operational purpose specified in a warrant is no longer a purpose for which the examination of any bulk personal datasets to which the warrant relates is 5 or may be necessary the person must modify the warrant by removing that operational purpose 10 The decision to modify the provisions of a class BPD warrant or a specific BPD warrant must be taken personally by the person making the modification and the instrument making the modification must be signed by that person 10 This is subject to subsection 11 11 If it is not reasonablypracticablefor an instrument making a major modification to be signed by the Secretary of State the instrument may be signed by a senior official designated by the Secretary of State for that purpose 12 In such a case the instrument making the modification must contain 15 a statement that— a it is not reasonably practicable for the instrument to be signed by the Secretary of State and b the Secretary of State has personally and expressly authorised the making of the modification 20 198 Approval of major modifications made in urgent cases 1 This section applies where— a the Secretary of State makes a major modification of a class BPD warrant or a specific BPD warrant without the approval of a Judicial Commissioner and 25 b the Secretary of State considered that there was an urgent need to make the modification 2 The Secretaryof State must inform a Judicial Commissionerthat the modification has been made 3 The Judicial Commissioner must before the end of the relevant period— 30 a decide whether to approve the decision to make the modification and b notify the Secretary of State of the Judicial Commissioner’s decision “The relevant period” means the period ending with the fifth working day after the day on which the modification was made 4 If the Judicial Commissioner refuses to approve the decision to make 35 the modification— a the warrant unless it no longer has effect has effect as if the modification had not been made and b the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of40being done in reliance on the warrant by virtue of that modification stops as soon as possible 5 Nothing in this section affects the lawfulness of— a anything done in reliance on the warrant by virtue of the modification before the modification ceases to have effect 45 156 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants b if anything is in the process of being done in reliance on the warrant by virtue of the modification when the modification ceases to have effect— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 199 Cancellation of warrants 5 1 The Secretary of State or a senior official acting on behalf of the Secretary of State may cancel a class BPD warrant or a specific BPD warrant at any time 2 If the Secretary of State or a senior official acting on behalf of the Secretary of State considers that any of the cancellation conditions are met in relation to a class BPD warrant or a specific BPD warrant the person must cancel 10 the warrant 3 The cancellation conditions are— a that the warrant is no longer necessary on any grounds falling within section 187 3 a or as the case may be section 188 6 a b that the conduct authorised by the warrant is no longer proportionate 15 to what is sought to be achieved by that conduct c where the warrant authorises examination of bulk personal datasets of a class described in the warrant or as the case may be of a bulk personal dataset described in the warrant that the examination of bulk personal datasets of that class or as the case may be of the 20 bulk personal datasetis no longer necessaryfor any of the specified operational purposes see section 194 200 Non-renewal or cancellation of BPD warrants 1 This section applies where a class BPD warrant or a specific BPD warrant ceases to have effect because it expires without having been renewed 25 or because it is cancelled 2 The head of the intelligence service to whom the warrant was addressed may before the end of the period of 5 working days beginning with the day on which the warrant ceases to have effect— a apply for— 30 i a specific BPD warrant authorising the retention or the retention and examination of the whole or any part of the material retained by the intelligence service in reliance on the warrant which has ceased to have effect ii a class BPD warrant authorising the retention or as the 35case may be the retention and examinationof bulk personal datasets of a class that is described in a way that would authorise the retention or as the case may be the retention and examination of the whole or any part of such material or b where the head of the intelligence service wishes to give further 40 consideration to whether to apply for a warrant of a kind mentioned in paragraph a i or ii apply to the Secretary of State for authorisation to retain or to retain and examine the whole or any part of the material retained by the intelligence service in reliance on the warrant 3 On an application under subsection 2 b the Secretary of State may— 45 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 157 a direct that any of the material to which the application relates be destroyed b with the approval of a Judicial Commissioner authorise the retention or as the case may be the retention and examination of any of that material subject to such conditions as the Secretary of State considers 5 appropriate for a period specified by the Secretary of State which may not exceed 3 months 4 Where a Judicial Commissioner refuses to approve a decision by the Secretary of State to authorise the retention or as the case may be the retention and examination of any material under subsection 3 b the Judicial 10 Commissioner must give the Secretary of State written reasons for the decision 5 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve such a decision the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision 15 6 If during the period specified by the Secretary of State under subsection 3 b the head of the intelligence service decides to apply for a warrant of a kind mentioned in subsection 2 a i or ii the head of the intelligence service must make the application as soon as reasonably practicable and before the end of the period specified by the Secretary of State 20 7 Where a class BPD warrant or a specific BPD warrant ceases to have effect becauseit expires without having been renewed or it is cancelled an intelligence service is not to be regarded as in breach of section 184 1 or 2 by virtue of its retention or examination of any material to which the warrant related during any of the following periods 25 First period The period of 5 working days beginning with the day on which the warrant ceases to have effect Second period The period beginning with the day on which the head of the intelligence 30 service makes an application under subsection 2 a or b in relation to the material and ending with the determination of the application Third period The period during which the retention or examination of the material is authorised under subsection 3 b 35 Fourth period Where authorisation under subsection 3 b is given and the head of the intelligence service subsequently makes in accordance with subsection 6 an application for a specific BPD warrant or a class BPD warrant in relation to the material the period if any beginning with the expiry of the authorisation 40 under subsection 3 b and ending with the determination of the application for the warrant 158 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants Further and supplementary provision 201 Initial examinations time limits 1 This section applies where— a an intelligence service obtains a set of information otherwise than in the exercise of a power conferred by a warrant or other authorisation 5 issued or given under this Act and b the head of the intelligence service believes that— i the set includes or may include personal data relating to a number of individuals and ii the nature of the set is or may be such that the majority of10 the individuals are not and are unlikely to become of interest to the intelligence service in the exercise of its functions 2 The head of the intelligence service must take the following steps before the end of the permitted period Step 1 15 Carry out an initial examination of the set for the purpose of deciding whether if the intelligence service were to retain it after that initial examination and hold it electronically for analysis for the purposes of the exercise of its functions the intelligence service would be retaining a bulk personal dataset see section 183 20 Step 2 If the intelligence service would be retaining a bulk personal dataset as mentioned in step 1 decide whether to retain the set and hold it electronically for analysis for the purposes of the exercise of the functions of the intelligence service 25 Step 3 If the head of the intelligence service decides to retain the set and hold it electronically for analysis as mentioned in step 2 apply for a specific BPD warrant as soon as reasonably practicable after making that decision unless the retention of the dataset is authorised by a class BPD warrant 30 3 The permitted period begins when the head of the intelligence service first forms the beliefs mentioned in subsection 1 b 4 The permitted period ends— a where the set of information was created in the United Kingdom 3 months after the day on which it begins 35 b where the set of information was created outside the United Kingdom 6 months after the day on which it begins 5 If the head of the intelligence service applies for a specific BPD warrant in accordance with step 3 set out in subsection 2 — a the intelligence service is not to be regarded as in breach of40section 184 1 by virtue of retaining the bulk personal dataset during the period between the taking of the decision mentioned in step 2 and the determination of the application for the specific BPD warrant and Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 159 b the intelligence service is not to be regarded as in breach of section 184 2 by virtue of examining the bulk personal dataset during that period if the examination is necessary for the purposes of the making of the application for the warrant 202 Safeguards relating to examination of bulk personal datasets 5 1 The Secretary of State must ensure in relation to every class BPD warrant or specific BPD warrant which authorises examination of bulk personal datasets of a class described in the warrant or as the case may be of a bulk personal dataset described in the warrant that— a any selectionof data contained in the datasets or dataset for 10 examinationis carried out only for the specified purposes see subsection 2 and b the selectionof any such data for examinationis necessaryand proportionate in all the circumstances 2 The selection of data contained in bulk personal datasets for examination15 is carried out only for the specified purposes if the data is selectedfor examination only so far as is necessary for the operational purposes specified in the warrant in accordance with section 194 3 In subsection 2 “specified in the warrant” means specified in the warrant at the time of the selection of the data for examination 20 203 Application of Part to bulk personal datasets obtained under this Act 1 Subject to subsection 2 this section applies where a bulk personal dataset has been obtained by an intelligence service under a warrant or other authorisation issued or given under this Act and accordingly section 184 1 and 2 do not apply by virtue of section 185 1 25 2 This section does not apply where the bulk personal dataset was obtained by the intelligence service under a bulk acquisition warrant issued under Chapter 2 of Part 6 3 Where this section applies the Secretary of State may on the application of the head of the intelligence service give a direction that— 30 a the intelligence service may retain or retain and examine the bulk personal dataset by virtue of the direction b any other power of the intelligence service to retain or examine the bulk personal dataset and any associated regulatory provision ceases to apply in relation to the bulk personal dataset subject to subsection 35 5 and c section 185 1 also ceases to apply in relation to the bulk personal dataset 4 Accordingly where a direction is given under subsection 3 the intelligence service may exercise its power by virtue of the direction to retain or to retain 40 and examine the bulk personal dataset only if authorised to do so by a class BPD warrant or a specific BPD warrant under this Part 5 A direction under subsection 3 may provide for any associated regulatory provision specified in the direction to continue to apply in relation to the bulk personal dataset with or without modifications specified in the direction 45 160 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 6 The power conferred by subsection 5 must be exercised to ensure that— a where section 53 and Schedule 3 applied in relation to the bulk personal dataset immediately before the giving of the direction they continue to apply in relation to it without modification b where sections 54 to 56 applied in relation to the bulk personal dataset 5 immediately before the giving of the direction they continue to apply in relation to it with the modification that the reference in section 55 6 a to the provisions of Part 2 is to be read as including a reference to the provisions of this Part 7 The Secretary of State may only give a direction under subsection 3 with 10the approval of a Judicial Commissioner 8 Where a Judicial Commissioner refuses to approve a decision by the Secretary of State to give a direction under subsection 3 the Judicial Commissioner must give the Secretary of State written reasons for the decision 9 Where a Judicial Commissioner other than the Investigatory Powers 15 Commissioner refuses to approve such a decision the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision 10 A direction under subsection 3 — a may not be revoked 20 b may be varied but only for the purpose of altering or removing any provision included in the direction under subsection 5 11 Subsections 7 to 9 apply in relation to the variation of a direction under subsection 3 as they apply in relation to the giving of a direction under that subsection 25 12 The head of an intelligence service may at the same time as applying for a direction under subsection 3 apply for a specific BPD warrant under section 188 and the Secretary of State may issue such a warrant at the same time as giving the direction 13 In this section “associated regulatory provision” in relation to a power of30 an intelligence service to retain or examine a bulk personal dataset means any provision which— a is made by or for the purposes of this Act other than this Part and b applied in relation to the retention examination disclosure or other use of the bulk personal datasetimmediatelybefore the giving of a 35 direction under subsection 3 204 Part 7 interpretation 1 In this Part— “class BPD warrant” has the meaning given by section 184 3 a “personal data” has the meaning given by section 183 2 40 “senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service “specific BPD warrant” has the meaning given by section 184 3 b 161 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants “the specified operational purposes” has the meaning given by section 194 12 2 See also— section 239 general definitions section 240 index of defined expressions 5 PART 8 OVERSIGHT ARRANGEMENTS CHAPTER 1 I NVESTIGATORY POWERS COMMISSIONER AND OTHER JUDICIAL COMMISSIONERS The Commissioners 10 205 Investigatory Powers Commissioner and other Judicial Commissioners 1 The Prime Minister must appoint— a the Investigatory Powers Commissioner and b such number of other Judicial Commissioners as the Prime Minister considers necessary for the carrying out of the functions of the Judicial 15 Commissioners 2 A person is not to be appointed as the Investigatory Powers Commissioner or another Judicial Commissioner unless the person holds or has held a high judicial office within the meaning of Part 3 of the Constitutional Reform Act 2005 20 3 A person is not to be appointed as the Investigatory Powers Commissioner unless recommended jointly by— a the Lord Chancellor b the Lord Chief Justice of England and Wales c the Lord President of the Court of Session and 25 d the Lord Chief Justice of Northern Ireland 4 A person is not to be appointed as a Judicial Commissioner under subsection 1 b unless recommended jointly by— a the Lord Chancellor b the Lord Chief Justice of England and Wales 30 c the Lord President of the Court of Session d the Lord Chief Justice of Northern Ireland and e the Investigatory Powers Commissioner 5 Before appointing any person under subsection 1 the Prime Minister must consult— 35 a the Scottish Ministers and b the First Minister and deputy First Minister in Northern Ireland 6 The Prime Minister must have regard to a memorandum of understanding agreed between the Prime Minister and the Scottish Ministers when exercising functions under subsection 1 or 5 a 40 162 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 7 The Investigatory Powers Commissioner is a Judicial Commissioner and the Investigatory Powers Commissioner and the other Judicial Commissioners are to be known collectively as the Judicial Commissioners 8 The Investigatory Powers Commissioner may to such extent as the Investigatory Powers Commissioner may decide delegate the exercise 5 of functions of the Investigatory Powers Commissioner to any other Judicial Commissioner 9 References in any enactment— a to a Judicial Commissioner are to be read as including the Investigatory Powers Commissioner and 10 b to the Investigatory Powers Commissioner are to be read so far as necessary for the purposes of subsection 8 as references to the Investigatory Powers Commissioner or any other Judicial Commissioner 206 Terms and conditions of appointment 15 1 Subject as follows each Judicial Commissioner holds and vacates office in accordance with the Commissioner’s terms and conditions of appointment 2 Each Judicial Commissioner is to be appointed for a term of three years 3 A person who ceases to be a Judicial Commissioner otherwise than under subsection 5 may be re-appointed under section 205 1 20 4 A Judicial Commissioner may not subject to subsection 5 be removed from office before the end of the term for which the Commissioner is appointed unless a resolution approving the removal has been passed by each House of Parliament 5 A Judicial Commissioner may be removed from office by the Prime Minister 25if after the appointment of the Commissioner— a a bankruptcy order is made against the Commissioneror the Commissioner’s estate is sequestrated or the Commissioner makes a composition or arrangement with or grants a trust deed for the Commissioner’s creditors 30 b any of the following orders is made against the Commissioner— i a disqualification order under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification Northern Ireland Order 2002 ii an order under section 429 2 b of the Insolvency Act 35 1986 failure to pay under county court administration order iii an order under section 429 2 of the Insolvency Act 1986 disabilities on revocation of county court administration order c the Commissioner’s disqualification undertaking is accepted under 40 section 7 or 8 of the Company Directors Disqualification Act 1986 or under the Company Directors Disqualification Northern Ireland Order 2002 or d the Commissioner is convicted in the United Kingdom the Channel Islands or the Isle of Man of an offence and receives a sentence 45 of imprisonment whether suspended or not Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 163 Main functions of Commissioners 207 Main oversight functions 1 The Investigatory Powers Commissioner must keep under review including by way of audit inspection and investigation the exercise by public authorities of statutory functions relating to— 5 a the interception of communications b the acquisition or retention of communications data c the acquisitionof secondarydata or related systemsdata under Chapter 1 of Part 2 or Chapter 1 of Part 6 or d equipment interference 10 2 Such statutoryfunctions include in particular functions relating to the disclosure retention or other use of— a any content of communicationsinterceptedby an interception authorised or required by a warrant under Chapter 1 of Part 2 or Chapter 1 of Part 6 15 b acquired or retained communications data c data acquired as mentioned in subsection 1 c or d communications equipment data or other information acquired by means of equipment interference 3 The Investigatory Powers Commissioner must keep under review including 20 by way of audit inspection and investigation — a the acquisition retention use or disclosure of bulk personal datasets by an intelligence service b the giving and operation of notices under section 228 national security notices 25 c the exercise of functions by virtue of section 80 of the Serious Crime Act 2015 prevention or restriction of use of communication devices by prisoners etc d the exercise of functions by virtue of sections 1 to 4 of the Prisons Interference with Wireless Telegraphy Act 2012 30 e the exercise of functions by virtue of Part 2 or 3 of the Regulation of Investigatory Powers Act 2000 surveillance covert human intelligence sources and investigation of electronic data protected by encryption etc f the adequacy of the arrangements by virtue of which the duties 35 imposed by section 55 of that Act are sought to be discharged g the exercise of functions by virtue of the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 surveillance and covert human intelligence sources h the exercise of functions under Part 3 of the Police Act 1997 40 authorisation of action in respect of property i the exercise by the Secretary of State of functions under sections 5 to 7 of the Intelligence Services Act 1994 warrants for interference with wireless telegraphy entry and interference with property etc and j the exercise by the Scottish Ministers by virtue of provision 45 made under section 63 of the Scotland Act 1998 of functions under sections 5 and 6 3 and 4 of the Act of 1994 4 But the Investigatory Powers Commissioner is not to keep under review— 164 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners a the exercise of any function of a relevant Minister to make subordinate legislation b the exercise of any function by a judicial authority c the exercise of any function by virtue of Part 3 of the Regulation of Investigatory Powers Act 2000 which is exercisable with the permission 5 of a judicial authority d the exercise of any function which— i is for the purpose of obtaining information or taking possession of any document or other property in connection with communications stored in or by a telecommunication system 10or ii is carried out in accordance with an order made by a judicial authority for that purpose and is not exercisableby virtue of this Act the Regulation of Investigatory Powers Act 2000 the Regulation of Investigatory Powers Scotland Act 2000 or an enactment mentioned in subsection 3 c 15 h i or j above e the exercise of any function where the conduct concerned is— i conduct authorised by section 43 45 or 48 or ii conduct authorised by section 44 which is not conduct by or on behalf of an intercepting authority within the meaning given 20 by section 18 1 or f the exerciseof any function which is subject to review by the Information Commissioner 5 In keeping matters under review in accordancewith this section the Investigatory Powers Commissioner must in particular keep under review 25 the operation of safeguards to protect privacy 6 In exercising functions under this Act a Judicial Commissioner must not act in a way which the Commissioner considers to be contrary to the public interest or prejudicial to— a national security 30 b the prevention or detection of serious crime or c the economic well-being of the United Kingdom 7 A Judicial Commissioner must in particular ensure that the Commissioner does not— a jeopardise the success of an intelligence or security operation or a35 law enforcement operation b compromise the safety or security of those involved or c unduly impede the operational effectiveness of an intelligence service a police force a government department or Her Majesty’s forces 8 Subsections 6 and 7 do not apply in relation to the functions of a Judicial 40 Commissioner of— a deciding whether to approve the issue modification or renewal of a warrant or authorisation b dealing with the situation where a warrant issued or modification made for what was considered to be an urgent need is not approved 45 c reviewing any decisions taken in dealing with the situation mentioned in paragraph b d deciding whether to approve the giving of a notice under section 228 or 229 or Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 165 e participating in a review under section 233 or deciding whether to give approval under that section 9 In this section— “bulk personal dataset” is to be read in accordance with section 183 “equipment data” has the same meaning as in Part 5 see section 95 5 “judicial authority” means a judge court or tribunal or any person exercising the functions of a judge court or tribunal “police force” has the same meaning as in Part 2 see section 57 1 “related systems data” has the meaning given by section 15 6 “relevantMinister” means a Minister of the Crown or government 10 department the Scottish Ministers the Welsh Ministers or a Northern Ireland department “secondary data” has the same meaning as in Part 2 see section 16 “statutory function” means any function conferred by virtue of this Act or any other enactment 15 208 Additional directed oversight functions 1 So far as directed to do so by the Prime Minister and subject to subsection 2 the Investigatory Powers Commissioner must keep under review the carrying out of any aspect of the functions of— a an intelligence service 20 b a head of an intelligence service or c any part of Her Majesty’s forces or of the Ministry of Defence so far as engaging in intelligence activities 2 Subsection 1 does not apply in relation to anything which is required to be kept under review by the Investigatory Powers Commissioner under section 25 207 3 The Prime Minister may give a direction under this section at the request of the Investigatory Powers Commissioner or the Intelligence and Security Committee of Parliament or otherwise 4 The Prime Minister must publish in a manner which the Prime Minister 30 considers appropriate any direction under this section and any revocation of such a direction except so far as it appears to the Prime Minister that such publication would be contrary to the public interest or prejudicial to— a national security b the prevention or detection of serious crime 35 c the economic well-being of the United Kingdom or d the continued discharge of the functions of any public authority whose activities include activities that are subject to review by the Investigatory Powers Commissioner 209 Error reporting 40 1 The Investigatory Powers Commissioner must inform a person of any relevant error relating to that person of which the Commissioner is aware if the Commissioner considers that— a the error is a serious error and b it is in the public interest for the person to be informed of the error 45 166 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 2 In making a decision under subsection 1 a the InvestigatoryPowers Commissioner may not decide that an error is a serious error unless the Commissioner considers that the error has caused significant prejudice or harm to the person concerned 3 Accordingly the fact that there has been a breach of a person’s Convention 5 rights within the meaning of the Human Rights Act 1998 is not sufficient by itself for an error to be a serious error 4 In making a decision under subsection 1 b the InvestigatoryPowers Commissioner must in particular consider— a the seriousness of the error and its effect on the person concerned 10and b the extent to which disclosing the error would be contrary to the public interest or prejudicial to— i national security ii the prevention or detection of serious crime iii the economic well-being of the United Kingdom or 15 iv the continued discharge of the functions of any of the intelligence services 5 Before making a decision under subsection 1 a or b the Investigatory Powers Commissioner must ask the public authority which has made the error to make submissions to the Commissioner about the matters concerned 20 6 When informing a person under subsection 1 of an error the Investigatory Powers Commissioner must— a inform the person of any rights that the person may have to apply to the Investigatory Powers Tribunal and b provide such details of the error as the Commissioner considers to25 be necessary for the exercise of those rights having regard in particular to the extent to which disclosing the details would be contrary to the public interest or prejudicial to anything falling within subsection 4 b i to iv 7 The Investigatory Powers Commissioner may not inform the person to whom 30 it relates of a relevant error except as provided by this section 8 A report under section 212 1 must include information about— a the number of relevant errors of which the Investigatory Powers Commissioner has become aware during the year to which the report relates 35 b the number of relevant errors which the Commissioner has decided during that year were serious errors and c the number of persons informed under subsection 1 during that year 9 In this section “relevant error” means an error— a by a public authority in complying with any requirements which are40 imposed on it by virtue of this Act or any other enactment and which are subject to review by a Judicial Commissioner and b of a description identified for this purpose in a code of practice under Schedule 7 and the Investigatory Powers Commissioner must keep under review45the definition of “relevant error” Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 167 210 Additional functions under this Part 1 A Judicial Commissioner must give the Investigatory Powers Tribunal all such documents information and other assistance including the Commissioner’s opinion as to any issue falling to be determined by the Tribunal as the Tribunal may require— 5 a in connection with the investigation of any matter by the Tribunal or b otherwise for the purposes of the Tribunal’s considerationor determination of any matter 2 A Judicial Commissioner may provide advice or information to any public authority or other person in relation to matters for which a Judicial 10 Commissioner is responsible 3 But a Judicial Commissionermust consult the Secretaryof State before providing any advice or information under subsection 2 if it appears to the Commissioner that providing the advice or information might be contrary to the public interest or prejudicial to— 15 a national security b the prevention or detection of serious crime c the economic well-being of the United Kingdom or d the continued discharge of the functions of any public authority whose activities include activities that are subject to review by the 20 Investigatory Powers Commissioner 4 Subsection 3 does not apply to any advice or information provided under subsection 2 to the Investigatory Powers Tribunal 211 Functions under other Parts and other enactments 1 The Investigatory Powers Commissioner and the other Judicial 25 Commissioners have the functions that are exercisable by them by virtue of any other Part of this Act or by virtue of any other enactment 2 In Part 3 of the Police Act 1997 authorisations of action in respect of property approval by Commissioners — a in sections 96 1 103 7 b and 8 104 3 to 8 and 105 1 and 2 30 for “Chief Commissioner” substitute “Investigatory Powers Commissioner” b in sections 96 1 97 1 a and 103 1 2 4 and 5 b for “a Commissioner appointed under section 91 1 b ” substitute “a Judicial Commissioner” 35 c in sections 96 4 97 4 and 6 and 103 3 and 6 for “a Commissioner” substitute “a Judicial Commissioner” d in section 103 7 for “a Commissioner”substitute “a Judicial Commissioner other than the Investigatory Powers Commissioner ” e in section 104 1 for “Chief Commissioner” substitute “Investigatory 40 Powers Commissioner except where the original decision was made by that Commissioner ” f in section 104 3 and 8 a for “the Commissioner” substitute “the Judicial Commissioner concerned” g in section 105 1 a ii and b ii for “the Commissioner” substitute 45“the Judicial Commissioner” and 168 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners h in sections 97 5 and 103 9 for “A Commissioner” substitute “A Judicial Commissioner” 3 In Part 2 of the Regulation of Investigatory Powers Act 2000 surveillance and covert human intelligence sources approval by Commissioners — a in sections 35 1 and 4 36 2 a and 5 and 37 2 to 6 and 8 for 5 “an ordinary Surveillance Commissioner” wherever it appears substitute “a Judicial Commissioner” b in sections 35 2 b 36 6 g 37 9 b 38 1 and 4 to 6 and 39 1 2 and 4 and in the heading of section 39 for “Chief Surveillance Commissioner” wherever it appears substitute “Investigatory Powers 10 Commissioner” c in sections 35 3 a and 36 4 a and b for “Surveillance Commissioner” substitute “Judicial Commissioner” d in section 37 8 b for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner if he is not that Commissioner ” 15 e in section 38 1 a for “an ordinary SurveillanceCommissioner” substitute“a Judicial Commissioner other than the Investigatory Powers Commissioner ” f in sections 38 5 b and 39 1 b for “ordinary Surveillance Commissioner” substitute “Judicial Commissioner” and 20 g in the heading of section 38 for “SurveillanceCommissioners” substitute “Judicial Commissioners” 4 In Part 3 of the Act of 2000 investigation of electronic data protected by encryption etc — a in section 51 6 notification to Intelligence Services Commissioner25 or Chief Surveillance Commissioner of certain directions relating to the disclosure of a key to protected information for the words from “done so” to the end substitute“done so to the InvestigatoryPowers Commissioner” b in section 54 9 tipping-off protected disclosures to a relevant 30 Commissioner for “relevant Commissioner”substitute “Judicial Commissioner” c in section 55 7 court to have regard to opinion of a relevant Commissioner in certain circumstances relating to a disclosed key for “relevant Commissioner” substitute “Judicial Commissioner” and 35 d omit sections 54 11 and 55 8 definitions of “relevant Commissioner” 5 In the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 surveillance and covert human intelligence sources approval by Commissioners and review by the Chief Commissioner — a in sections 13 1 and 4 14 1 a and 4 and 15 1 to 5 and 7 40 for “an ordinary Surveillance Commissioner” wherever it appears substitute “a Judicial Commissioner” b in sections 13 2 b 15 8 b 16 1 and 4 to 6 and 17 and in the heading of section 17 for “Chief Surveillance Commissioner” wherever it appears substitute “Investigatory Powers Commissioner” 45 c in sections 13 3 a and 14 3 a and b for “Surveillance Commissioner” substitute “Judicial Commissioner” d in section 15 7 b for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner if the Commissioner is not that Commissioner ” 50 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 169 e in section 16 1 a for “an ordinary SurveillanceCommissioner” substitute“a Judicial Commissioner other than the Investigatory Powers Commissioner ” f in sections 16 5 b and 17 1 b for “ordinary Surveillance Commissioner” substitute “Judicial Commissioner” and 5 g in section 16 5 for “ordinary Surveillance Commissioner’s” substitute “Judicial Commissioner’s” 6 In Part 2 of the Regulation of Investigatory Powers Covert Human Intelligence Sources Relevant Sources Order 2013 S I 2013 2788 notification of certain authorisationsto and approval of certain authorisationsby ordinary 10 Surveillance Commissioner — a in article 4 1 for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner” b in article 5 8 and the heading of Part 2 for “ordinary Surveillance Commissioner” substitute “Judicial Commissioner” 15 c in article 6 1 and 3 for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner” d in article 6 1 for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner other than the InvestigatoryPowers Commissioner ” and 20 e in the heading of article 6 for “Surveillance Commissioners” substitute “Judicial Commissioners” Reports and investigation and information powers 212 Annual and other reports 1 The Investigatory Powers Commissionermust as soon as reasonably 25 practicable after the end of each calendar year make a report to the Prime Minister about the carrying out of the functions of the Judicial Commissioners 2 A report under subsection 1 must in particular include— a statistics on the use of the investigatory powers which are subject to review by the Investigatory Powers Commissioner including the 30 number of warrants or authorisations issued given considered or approved during the year b information about the results of such use including its impact c information about the operational purposes specified during the year in warrants issued under Part 6 or 7 35 d the information on errors required by virtue of section 209 8 e information about the funding staffing and other resources of the Judicial Commissioners and f details of public engagements undertaken by the Judicial Commissioners or their staff 40 3 The Investigatory Powers Commissioner must at any time make any report to the Prime Minister which has been requested by the Prime Minister 4 The Investigatory Powers Commissioner may at any time make any such report to the Prime Minister on any matter relating to the functions of the Judicial Commissioners as the Investigatory Powers Commissioner considers 45 appropriate 170 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 5 A report under subsection 1 or 4 may in particular include such recommendationsas the InvestigatoryPowers Commissionerconsiders appropriate about any matter relating to the functions of the Judicial Commissioners 6 On receiving a report from the Investigatory Powers Commissioner under 5 subsection 1 the Prime Minister must— a publish the report and b lay a copy of the published report before Parliament together with a statement as to whether any part of the report has been excluded from publication under subsection 7 10 7 The Prime Minister may after consultation with the Investigatory Powers Commissioner and so far as the report relates to functions under Part 3 of the Police Act 1997 the Scottish Ministers exclude from publication any part of a report under subsection 1 if in the opinion of the Prime Minister the publication of that part would be contrary to the public interest or prejudicial 15 to— a national security b the prevention or detection of serious crime c the economic well-being of the United Kingdom or d the continued discharge of the functions of any public authority whose 20 activities include activities that are subject to review by the Investigatory Powers Commissioner 8 The Prime Minister must send a copy of every report and statement as laid before Parliament under subsection 6 b to— a the Scottish Ministers and 25 b the First Minister and the deputy First Minister in Northern Ireland 9 They must lay that copy report and statement before— a in the case of the Scottish Ministers the Scottish Parliament and b in the case of the First Minister and the deputy First Minister in Northern Ireland the Northern Ireland Assembly 30 10 The InvestigatoryPowers Commissionermay publish any report under subsection 3 or 4 or any part of such a report if requested to do so by the Prime Minister 213 Investigation and information powers 1 A Judicial Commissioner may carry out such investigations inspections and 35 audits as the Commissioner considers appropriate for the purposes of the Commissioner’s functions 2 Every relevant person must disclose or provide to a Judicial Commissioner all such documents and information as the Commissioner may require for the purposes of the Commissioner’s functions 40 3 Every relevant person must provide a Judicial Commissioner with such assistance as the Commissioner may require in carrying out any investigation inspection or audit for the purposes of the Commissioner’s functions 4 Assistance under subsection 3 may in particular include such access to apparatus systems or other facilities or services as the Judicial Commissioner 45 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 171 concerned may require in carrying out any investigation inspection or audit for the purposes of the Commissioner’s functions 5 A public authority may report to the Investigatory Powers Commissioner any refusal by a telecommunications operator or postal operator to comply with any requirements imposed by virtue of this Act 5 6 A public authority telecommunications operator or postal operator must report to the Investigatory Powers Commissioner any relevant error within the meaning given by section 209 9 of which it is aware 7 In this section “relevant person” means— a any member of a public authority 10 b any telecommunications operator or postal operator who is has been or may become subject to a requirement imposed by virtue of this Act c any person who is has been or may become subject to a requirement to provide assistance by virtue of section 39 41 119 121 140 156 158 or 176 or 15 d any person to whom a notice is given under section 49 of the Regulation of Investigatory Powers Act 2000 214 Referrals by the Intelligence and Security Committee of Parliament 1 Subsection 2 applies if the Intelligence and Security Committee of Parliament refers a matter to the Investigatory Powers Commissioner with a view to 20 the Commissioner carrying out an investigation inspection or audit into it 2 The Investigatory Powers Commissioner must inform the Intelligence and Security Committee of Parliament of the Commissioner’sdecision as to whether to carry out the investigation inspection or audit 215 Information gateway 25 1 A disclosure of information to the Investigatory Powers Commissioner or another Judicial Commissionerfor the purposes of any function of the Commissioner does not breach— a an obligation of confidence owed by the person making the disclosure or 30 b any other restriction on the disclosure of information whether imposed by virtue of this Act or otherwise 2 But subsection 1 does not apply to a disclosure in contravention of any provisions of the Data Protection Act 1998 of personal data which is not exempt from those provisions 35 Supplementary provision 216 Funding staff and facilities 1 There is to be paid to the Judicial Commissioners out of money provided by Parliament such remuneration and allowances as the Treasury may determine 2 The Secretary of State must after consultation with the Investigatory Powers 40 Commissioner and subject to the approval of the Treasury as to numbers of staff provide the Judicial Commissioners with— 172 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners a such staff and b such accommodation equipment and other facilities as the Secretary of State considers necessary for the carrying out of the Commissioners’ functions 217 Power to modify functions 5 1 The Secretaryof State may by regulationsmodify the functions of the Investigatory Powers Commissioner or any other Judicial Commissioner 2 But such regulations may not modify any function conferred by virtue of this Act on a Judicial Commissioner to approve quash or cancel— a an authorisation or warrant or 10 b the variation or renewal of an authorisation or warrant 3 The power to make regulations under this section including that power as extended by section 242 1 c may in particular be exercised by modifying any provision made by or under an enactment including this Act 218 Abolition of existing oversight bodies 1 The offices of the following are abolished— a the Interception of Communications Commissioner b the Intelligence Services Commissioner c the Investigatory Powers Commissioner for Northern Ireland d the Chief Surveillance Commissioner e the other Surveillance Commissioners f the Scottish Chief Surveillance Commissioner and g the other Scottish Surveillance Commissioners 15 20 2 Accordingly the following enactments are repealed— a sections 57 and 58 of the Regulation of Investigatory Powers Act 2000 25 the Interception of Communications Commissioner b sections 59 59A and 60 of that Act the IntelligenceServices Commissioner c section 61 of that Act the Investigatory Powers Commissioner for Northern Ireland 30 d sections 62 and 63 of that Act and sections 91 and 107 of the Police Act 1997 the Surveillance Commissioners e section 64 of the Regulation of InvestigatoryPowers Act 2000 delegation of Commissioners’ functions and f sections 2 1 to 9 3 and 4 of the Regulation of Investigatory Powers 35 Scotland Act 2000 2000 asp 11 the Scottish Surveillance Commissioners 3 In this section— “the other Scottish Surveillance Commissioners” means— a the Surveillance Commissionersappointed under section 40 2 1 b of the Regulation of Investigatory Powers Scotland Act 2000 and b the Assistant Surveillance Commissioners appointed under section 3 of that Act Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 173 “the Scottish Chief Surveillance Commissioner”means the Chief Surveillance Commissioner appointed under section 2 1 a of that Act CHAPTER 2 OTHER ARRANGEMENTS Codes of practice 5 219 Codes of practice Schedule 7 codes of practice has effect Investigatory Powers Tribunal 220 Right of appeal from Tribunal 1 After section 67 of the Regulation of Investigatory Powers Act 2000 insert— 10 “67A Appeals from the Tribunal 1 A relevant person may appeal on a point of law against any determination of the Tribunal of a kind mentioned in section 68 4 or any decision of the Tribunal of a kind mentioned in section 68 4C 2 Before making a determination or decision which might be the subject 15 of an appeal under this section the Tribunal must specify the court which is to have jurisdiction to hear the appeal the “relevant appellate court” 3 This court is whichever of the following courts appears to the Tribunal to be the most appropriate— 20 a the Court of Appeal in England and Wales b the Court of Session c the Court of Appeal in Northern Ireland 4 The Secretary of State may by regulations specify criteria to be applied by the Tribunal in making decisions under subsection 2 as to 25 the identity of the relevant appellate court 5 An appeal under this section— a is to be heard by the relevant appellate court but b may not be made without the leave of the Tribunal or if that is refused of the relevant appellate court 30 6 The Tribunal or relevant appellate court must not grant leave to appeal unless it considers that— a the appeal would raise an important point of principle or practice or b there is another compelling reason for granting leave 35 7 In this section— “relevant appellate court” has the meaning given by subsection 2 174 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements “relevant person” in relation to any proceedings complaint or reference means the complainant or— a in the case of proceedings the respondent b in the case of a complaint the person complained against and 5 c in the case of a reference any public authority to whom the reference relates ” 2 In section 67 of that Act no appeal from the Investigatory Powers Tribunal except as provided by order of the Secretary of State — a in subsection 8 for “Except to such extent as the Secretary of State 10 may by order otherwise provide ” substitute “Except as provided by virtue of section 67A ” and b omit subsections 9 to 12 3 After section 68 4 of that Act requirement to give notice of determinations to complainant insert— 15 “ 4A Where the Tribunal make any determination of a kind mentioned in subsection 4 they must also give notice to— a in the case of proceedings the respondent b in the case of a complaint the person complained against and c in the case of a reference any public authority to whom 20 the reference relates 4B A notice under subsection 4A is subject to any rules made by virtue of section 69 2 j to be confined as the case may be to either— a a statementthat they have made a determinationin the complainant’s favour or 25 b a statementthat no determinationhas been made in the complainant’s favour 4C Where the Tribunal make any decision which— a is a final decision of a preliminary issue in relation to any proceedings complaint or reference brought before or made30 to them and b is neither a determination of a kind mentioned in subsection 4 nor a decision relating to a procedural matter they must give notice of that decision to every person who would be entitled to receive notice of the determination under subsection 4 35or 4A 4D A notice under subsection 4C is subject to any rules made by virtue of section 69 2 i or j to be confined to a statement as to what the decision is 4E Subsections 4C and 4D do not apply so far as— 40 a the Tribunal are prevented from giving notice of a decision to a person by rules made by virtue of section 69 4 or decide under such rules not to give such a notice or b the giving of such a notice is inconsistent with such rules ” 4 In section 69 2 of that Act Tribunal rules — 45 a in paragraph i after “section 68 4 ” insert “or notice under section 68 4C ” and Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements 175 b after paragraph i insert “ j require information about any determination award order or other decision made by the Tribunal in relation to any proceedings complaint or referenceto be provided in addition to any statement under section 5 68 4A or notice under section 68 4C to— i in the case of proceedings the respondent ii in the case of a complaint the person complained against and iii in the case of a reference any public authority 10 to whom the reference relates or to the person representing their interests k make provision about the making and determination of applications to the Tribunal for permission to appeal” 5 In section 78 of that Act orders regulations and rules — 15 a in subsection 4 after “applies” insert “ other than regulations under section 67A 4 ” and b after subsection 4 insert— “ 4A A statutory instrument containing regulations under section 67A 4 may not be made unless a draft of the instrument has 20 been laid before and approved by a resolution of each House of Parliament ” 221 Functions of Tribunal in relation to this Act 1 In section 65 of the Regulation of InvestigatoryPowers Act 2000 the Investigatory Powers Tribunal — 25 a in subsection 2 c jurisdiction of the Investigatory Powers Tribunal where possible detrimentdue to evidential bar for “section17” substitute “section 53 of the Investigatory Powers Act 2016” b in subsection 5 conduct in relation to which the Tribunal has jurisdiction after paragraph b insert— 30 “ ba conduct for or in connection with the obtaining of secondary data from communications transmitted by means of such a service or system ” c in subsection 5 for paragraph c substitute— “ c conduct of a kind which may be permitted or required35 by an authorisationor notice under Part 3 of the InvestigatoryPowers Act 2016 or a warrant under Chapter 2 of Part 6 of that Act acquisition of communications data cza the giving or varying of an authorisation or notice under 40 Part 3 of that Act or of a warrant under Chapter 2 of Part 6 of that Act czb conduct of a kind which may be required or permitted by a retention notice under Part 4 of that Act retention of communications data but excluding any conduct 45 which is subject to review by the Information Commissioner czc the giving or varying of a retention notice under that Part of that Act ” 176 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements d in subsection 7ZA role for Tribunal where judicial authority involved for “under section 23A or 32A” substitute “by a Judicial Commissioner or under section 32A of this Act or section 72 of the Investigatory Powers Act 2016” e after subsection 7ZA insert— 5 “ 7ZB For the purposes of this section conduct also takes place in challengeable circumstances if it is or purports to be conduct falling within subsection 5 cza or czc ” f in subsection 8 matters that may be challenged before the Tribunal for paragraphs a and b substitute— 10 “ a a warrant under Part 2 5 6 or 7 of the Investigatory Powers Act 2016 b an authorisation or notice under Part 3 of that Act ba a retention notice under Part 4 of that Act ” and g after subsection 9 insert— 15 “ 9A In subsection 5 ba the reference to obtaining secondary data from communications transmitted by means of a postal service or telecommunication system is to be read in accordance with section 16 of the Investigatory Powers Act 2016 ” 2 In section 67 7 of the Act of 2000 powers of the Tribunal — 20 a after paragraph a insert— “ aza an order quashing or cancelling a notice under Part 3 of the Investigatory Powers Act 2016 or a retention notice under Part 4 of that Act ” b in paragraph aa for “section 23A or 32A” substitute “section 72 of25the Investigatory Powers Act 2016 or section 32A of this Act” and c in paragraph b i after “authorisation” insert “or by a notice under Part 3 of the Investigatory Powers Act 2016” 3 In section 68 5 b of the Act of 2000 report of certain findings to the Prime Minister after “permission” insert “ or notice under Part 4 of the Investigatory 30 Powers Act 2016 ” 4 In section 68 6 b of the Act of 2000 disclosures etc to the Tribunal to enable the exercise of functions conferred by or under that Act after “this Act” insert “or the Investigatory Powers Act 2016” 5 In section 68 7 of the Act of 2000 persons subject to duty to co-operate35 with the Tribunal — a in paragraph e — i for “section 11” substitute “section 39 119 140 156 or 176 of the Investigatory Powers Act 2016” and ii for “an interception warrant” substitute “a warrant” 40 b in paragraph f for “section 12” substitute “section 229 of that Act” c for paragraphs g and h substitute— “ g every person by or to whom an authorisation under Part 3 of that Act has been granted h every person to whom a notice under Part 3 of that Act 45 has been given ha every person to whom a retention notice under Part 4 of that Act has been given ” Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements 177 d in paragraph k for the words from “an authorisation” to the end substitute “— i an authorisation under Part 3 of the Investigatory Powers Act 2016 Part 2 of this Act or Part 3 of the Police Act 1997 or 5 ii a warrant under Chapter 2 of Part 6 of the Investigatory Powers Act 2016 ” e in paragraph l after “authorisation” insert “or warrant” and f in paragraph n after “ h ” insert “ ha ” 6 In section 68 8 of the Act of 2000 meaning of “relevant Commissioner” 10 for the words from “Interception”to the end substitute“InvestigatoryPowers Commissioner or any other Judicial Commissioner” Information Commissioner 222 Oversight by Information Commissioner in relation to Part 4 The Information Commissioner must audit compliance with requirements15 or restrictions imposed by virtue of Part 4 in relation to the integrity security or destruction of data retained by virtue of that Part Technical Advisory Board 223 Technical Advisory Board 1 There is to continue to be a Technical Advisory Board consisting of20 such number of persons appointed by the Secretary of State as the Secretary of State may by regulations provide 2 The regulations providing for the membership of the Technical Advisory Board must also make provision which is calculated to ensure— a that the membership of the Board includes persons likely effectively 25to representthe interestsof persons on whom obligations may be imposed by virtue of retention notices under Part 4 or technical capability notices under section 229 b that the membership of the Board includes persons likely effectively to represent the interests of persons entitled to apply for warrants under 30 Part 2 5 6 or 7 or authorisations under Part 3 c that such other persons if any as the Secretary of State considers appropriate may be appointed to be members of the Board and d that the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraph a and 35 the representation of those mentioned in paragraph b 3 Regulations under this section may also make provision about quorum and the filling of vacancies 178 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous PART 9 M ISCELLANEOUS AND GENERAL PROVISIONS CHAPTER 1 M ISCELLANEOUS Combined warrants and authorisations 5 224 Combination of warrants and authorisations Schedule 8 which makes provision for the combination of certain warrants and authorisations in a single instrument has effect Compliance with Act 225 Payments towards certain compliance costs 10 1 The Secretary of State must ensure that arrangements are in force for securing that telecommunicationsoperators and postal operators receive an appropriate contribution in respect of such of their relevant costs as the Secretary of State considers appropriate 2 In subsection 1 “relevant costs” means costs incurred or likely to be incurred 15 by telecommunications operators and postal operators in complying with this Act 3 The arrangements may provide for payment of a contribution to be subject to terms and conditions determined by the Secretary of State 4 Such terms and conditions may in particular include a condition on 20 the operator concerned to comply with any audit that may reasonably be required to monitor the claim for costs 5 The arrangements may provide for the Secretary of State to determine— a the scope and extent of the arrangements and b the appropriate level of contribution which should be made in25each case 6 Different levels of contribution may apply for different cases or descriptions of case but the appropriate contribution must never be nil 7 A retention notice under Part 4 given to a telecommunications operator or a postal operator or a national security notice under section 228 given 30 to a telecommunications operator must specify the level or levels of contribution which the Secretary of State has determined should be made in respect of the costs incurred or likely to be incurred by the operator as a result of the notice in complying with that Part or as the case may be with the national security notice 35 8 For the purpose of complying with this section the Secretary of State may make or arrange for the making of payments out of money provided by Parliament Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 179 226 Power to develop compliance systems etc 1 The Secretary of State may— a develop provide maintain or improve or b enter into financial or other arrangements with any person for the 5 development provision maintenance or improvement of such apparatus systems or other facilities or services as the Secretary of State considers appropriate for enabling or otherwise facilitating compliance by the Secretary of State another public authority or any other person with this Act 2 Arrangements falling within subsection 1 b may in particular include arrangements consisting of the giving of financial assistance by the Secretary 10 of State 3 Such financial assistance— a may in particular be given by way of— i grant ii loan 15 iii guarantee or indemnity iv investment or v incurring expenditure for the benefit of the person assisted and b may be given subject to terms and conditions determined by the Secretary of State 20 4 Terms and conditions imposed by virtue of subsection 3 b may include terms and conditions as to repayment with or without interest Additional powers 227 Amendments of the Intelligence Services Act 1994 1 The Intelligence Services Act 1994 is amended as follows 25 2 In section 3 the Government Communications Headquarters — a in subsection 1 a after “monitor” insert “ make use of” and b in the words following subsection 1 b ii for the words from “or to any other organisation” to the end substitute “or in such cases as it considers appropriate to other organisations or persons or to30the general public in the United Kingdom or elsewhere ” 3 In section 5 warrants general — a in subsection 2 omit “ subject to subsection 3 below ” b omit subsection 3 c in subsection 3A after “1989” insert “ or on the application 35 of the Intelligence Service or GCHQ for the purposes of the exercise of their functions by virtue of section 1 2 c or 3 2 c ” 228 National security notices 1 The Secretary of State may give any telecommunications operator in the United Kingdom a national security notice under this section if— 40 a the Secretary of State considers that the notice is necessary in the interests of national security 180 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous b the Secretary of State considers that the conduct required by the notice is proportionate to what is sought to be achieved by that conduct and c the decision to give the notice has been approved by a Judicial Commissioner 2 A “national security notice” is a notice requiring the operator to take 5 such specified steps as the Secretary of State considers necessary in the interests of national security 3 A national security notice may in particular require the operator to whom it is given— a to carry out any conduct including the provision of servicesor 10 facilities for the purpose of— i facilitating anything done by an intelligence service under any enactment other than this Act or ii dealing with an emergency within the meaning of Part 1 of the Civil Contingencies Act 2004 15 b to provide servicesor facilities for the purpose of assisting an intelligence service to carry out its functions more securely or more effectively 4 But a national security notice may not require the taking of any steps the main purpose of which is to do something for which a warrant or authorisation 20 is required under any of the following enactments— a this Act b the Intelligence Services Act 1994 c the Regulation of Investigatory Powers Act 2000 d the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 25 11 5 A national security notice must specify such period as appears to the Secretary of State to be reasonable as the period within which the steps specified in the notice are to be taken 6 Sections 230 to 234 contain further provision about national security notices 30 229 Technical capability notices 1 The Secretary of State may give a relevant operator a technical capability notice under this section if— a the Secretary of State considers that the notice is necessary for securing that the operator has the capability to provide any assistance which 35the operator may be required to provide in relation to any relevant authorisation b the Secretary of State considers that the conduct required by the notice is proportionate to what is sought to be achieved by that conduct and c the decision to give the notice has been approved by a Judicial 40 Commissioner 2 A “technical capability notice” is a notice— a imposing on the relevant operator any applicable obligations specified in the notice and b requiring the person to take all the steps specified in the notice for45 the purpose of complying with those obligations Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 181 3 In this section— “applicable obligation” in relation to a relevant operator of a particular description means an obligation specified by the Secretary of State in regulations as an obligation that may be imposed on relevant operators or on relevant operators of that description 5 “relevant authorisation” means— a any warrant issued under Part 2 5 or 6 or b any authorisation or notice given under Part 3 “relevant operator” means— a a postal operator 10 b a telecommunications operator or c a person who is proposing to become a postal operator or a telecommunications operator 4 Regulations under this section may specify an obligation that may be imposed on any relevant operatorsonly if the Secretaryof State considersit is 15 reasonable to do so for the purpose of securing— a that it is and remains practicable to impose requirements on those relevant operators to provide assistancein relation to relevant authorisations and b that it is and remains practicable for those relevant operators 20 to comply with those requirements 5 The obligations that may be specified in regulations under this section include among other things— a obligations to provide facilities or services of a specified description b obligations relating to apparatus owned or operated by a relevant 25 operator c obligations relating to the removal by a relevant operator of electronic protection applied by or on behalf of that operator to any communications or data d obligations relating to the security of any postal or telecommunications 30 services provided by a relevant operator e obligations relating to the handling or disclosure of any information 6 Before making any regulations under this section the Secretary of State must consult the following persons— a the Technical Advisory Board 35 b persons appearing to the Secretary of State to be likely to be subject to any obligations specified in the regulations c persons representing persons falling within paragraph b and d persons with statutory functions in relation to persons falling within that paragraph 40 7 A technical capability notice— a must specify such period as appears to the Secretary of State to be reasonable as the period within which the steps specified in the notice are to be taken and b may specify different periods in relation to different steps 45 8 A technical capability notice may be given to persons outside the United Kingdom and may require things to be done or not to be done outside the United Kingdom 182 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 9 Sections 230 to 234 contain further provision about technical capability notices 230 Approval of notices by Judicial Commissioners 1 In this section “relevant notice” means— a a national security notice under section 228 or b a technical capability notice under section 229 5 2 In deciding whether to approve a decision to give a relevant notice a Judicial Commissioner must review the Secretary of State’s conclusions as to the following matters— a whether the notice is necessary as mentioned in section 228 1 a or as the case may be section 229 1 a and 10 b whether the conduct that would be required by the notice is proportionate to what is sought to be achieved by that conduct 3 In doing so the Judicial Commissioner must— a apply the same principles as would be applied by a court on an application for judicial review and 15 b consider the matters referred to in subsection 2 with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 general duties in relation to privacy 4 Where a Judicial Commissioner refuses to approve a decision to give a relevant 20 notice the Judicial Commissioner must give the Secretary of State written reasons for the refusal 5 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a decision to give a relevant notice the Secretary of State may ask the Investigatory Powers Commissioner to decide 25 whether to approve the decision to give the notice 231 Further provision about notices under section 228 or 229 1 In this section “relevant notice” means— a a national security notice under section 228 or b a technical capability notice under section 229 30 2 Before giving a relevant notice to a person the Secretary of State must consult that person 3 Before giving a relevant notice the Secretary of State must among other matters take into account— a the likely benefits of the notice 35 b the likely number of users if known of any postal or telecommunications service to which the notice relates c the technical feasibility of complying with the notice d the likely cost of complying with the notice and e any other effect of the notice on the person or description of person 40 to whom it relates 4 In the case of a technical capability notice that would impose any obligations relating to the removal by a person of electronic protection applied by or on behalf of that person to any communications or data in complying with Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 183 subsection 3 the Secretary of State must in particular take into account the technical feasibility and likely cost of complying with those obligations 5 A relevant notice must be in writing 6 A technical capability notice may be given to a person outside the United Kingdom in any of the following ways as well as by electronic or other means 5 of giving a notice — a by delivering it to the person’s principal office within the United Kingdom or if the person has no such office in the United Kingdom to any place in the United Kingdom where the person carries on business or conducts activities 10 b if the person has specified an address in the United Kingdom as one at which the person or someone on the person’s behalf will accept documents of the same description as a notice by delivering it to that address 7 The Secretary of State may by regulations make further provision about the 15 giving of relevant notices 8 A person to whom a relevant notice is given or any person employed or engaged for the purposes of that person’s business must not disclose the existence or contents of the notice to any other person without the permission of the Secretary of State 20 9 A person to whom a relevant notice is given must comply with the notice 10 The duty imposed by subsection 9 is enforceable— a in relation to a person in the United Kingdom and b so far as relating to a technical capability notice within subsection 11 in relation to a person outside the United Kingdom 25 by civil proceedings by the Secretary of State for an injunction or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 or for any other appropriate relief 11 A technical capability notice is within this subsection if it relates to any of the following— 30 a a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 b a bulk interception warrant c an authorisation or notice given under Part 3 12 Subsection 9 applies to a person to whom a national security notice is given 35 despite any other duty imposed on the person by or under Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 232 Variation and revocation of notices 1 In this section “relevant notice” means— a a national security notice under section 228 or b a technical capability notice under section 229 2 The Secretary of State must keep each relevant notice under review 3 The Secretary of State may— a vary a relevant notice 40 184 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous b revoke a relevant notice whether wholly or in part 4 The Secretary of State may vary a national security notice only if the Secretary of State considersthat the conduct required by the notice as varied is proportionate to what is sought to be achieved by that conduct 5 If the Secretary of State varies or revokes a relevant notice given to any person 5 the Secretaryof State must give that person notice of the variation or revocation 6 Subsections 2 to 4 and 7 of section 231 apply in relation to varying or revoking a relevant notice as they apply in relation to giving a relevant notice and in the application of section 231 3 and 4 in relation to varying a relevant 10 notice references to the notice are to be read as references to the notice as varied 7 Subsections 5 and 6 of section 231 apply to any notice of the variation or revocation of a relevant notice as they apply to a relevant notice 8 The fact that a relevant notice has been revoked in relation to a particular 15 person or description of persons does not prevent the giving of another relevant notice of the same kind in relation to the same person or description of persons 9 Any reference in this section or section 231 8 to 12 to a notice given under section 228 or 229 includes a reference to such a notice as varied under 20 this section 233 Review of notices by the Secretary of State 1 A person who is given a notice under section 228 or 229 may within such period or circumstances as may be provided for by regulations made by the Secretary of State refer the notice back to the Secretary of State 25 2 Such a reference may be in relation to the whole of a notice or any aspect of it 3 There is no requirement for a person who has referred a notice under subsection 1 to comply with the notice so far as referred until the Secretary of State has reviewed the notice in accordance with subsection 4 4 The Secretary of State must review any notice so far as referred to the Secretary 30 of State under subsection 1 5 Before deciding the review the Secretary of State must consult— a the Technical Advisory Board and b a Judicial Commissioner 6 The Board must consider the technicalrequirementsand the financial 35 consequences for the person who has made the reference of the notice so far as referred 7 The Commissioner must consider whether the notice so far as referred is proportionate 8 The Board and the Commissioner must— 40 a give the person concerned and the Secretary of State the opportunity to provide evidence or make representations to them before reaching their conclusions and b report their conclusions to— Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 185 i the person and ii the Secretary of State 9 The Secretary of State may after considering the conclusions of the Board and the Commissioner— 5 a vary or revoke the notice under section 232 or b give a notice under this section to the person confirming its effect 10 But the Secretary of State may vary the notice or give a notice under subsection 9 b confirming its effect only if the Secretary of State’s decision to do so has been approved by the Investigatory Powers Commissioner 11 Subsections 5 to 8 of section 231 apply in relation to a notice 10 under subsection 9 b above as they apply in relation to a notice under section 228 or 229 12 Any reference in this section to a notice under section 228 or 229 includes such a notice as varied under section 232 but only so far as the variation is concerned 15 But it does not include a notice varied as mentioned in subsection 9 a above 234 Approval of notices following review under section 233 1 In this section “relevant notice” means— a a national security notice under section 228 or b a technical capability notice under section 229 20 2 In deciding whether to approve a decision to vary a relevant notice as mentioned in section 233 9 a or to give a notice under section 233 9 b confirming the effect of a relevant notice the Investigatory Powers Commissioner must review the Secretary of State’s conclusions as to the following matters— 25 a whether the relevant notice as varied or confirmed is necessary as mentioned in section 228 1 a or as the case may be section 229 1 a and b whether the conduct required by the relevant notice as varied or confirmed is proportionate to what is sought to be achieved by that 30 conduct 3 In doing so the Investigatory Powers Commissioner must— a apply the same principles as would be applied by a court on an application for judicial review and b consider the matters referred to in subsection 2 with a sufficient 35 degree of care as to ensure that the Investigatory Powers Commissioner complies with the duties imposed by section 2 general duties in relation to privacy 4 Where the Investigatory Powers Commissioner refuses to approve a decision to vary a relevant notice as mentioned in section 233 9 a or to give a notice 40 under section 233 9 b confirming the effect of a relevant notice the Investigatory Powers Commissioner must give the Secretary of State written reasons for the refusal 186 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous Wireless telegraphy 235 Amendments of the Wireless Telegraphy Act 2006 1 The Wireless Telegraphy Act 2006 is amended as follows 2 Section 48 interception and disclosure of messages is amended as follows 3 In subsection 1 for “otherwise than under the authority of a designated 5 person” substitute “without lawful authority” 4 After subsection 3 insert— “ 3A A person does not commit an offence under this section consisting in any conduct if the conduct— a constitutes an offence under section 3 1 of the Investigatory 10 Powers Act 2016 offence of unlawful interception or b would do so in the absence of any lawful authority within the meaning of section 6 of that Act ” 5 Omit subsection 5 6 Omit section 49 interception authorities 15 7 In consequence of the repeal made by subsection 6 — a in sections 50 5 and 119 2 a for “49” substitute “48” b in section 121 2 omit paragraph b CHAPTER 2 GENERAL 20 Review of operation of Act 236 Review of operation of Act 1 The Secretary of State must within the period of 6 months beginning with the end of the initial period prepare a report on the operation of this Act 2 In subsection 1 “the initial period” is the period of 5 years and 625months beginning with the day on which this Act is passed 3 In preparing the report under subsection 1 the Secretary of State must in particular take account of any report on the operation of this Act made by a Select Committee of either House of Parliament whether acting alone or jointly 30 4 The Secretary of State must— a publish the report prepared under subsection 1 and b lay a copy of it before Parliament Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 187 Interpretation 237 Telecommunications definitions 1 The definitions in this section have effect for the purposes of this Act Communication 2 “Communication” in relation to a telecommunicationsoperator 5 telecommunications service or telecommunication system includes— a anything comprising speech music sounds visual images or data of any description and b signals serving either for the impartation of anything between persons between a person and a thing or between things or for the actuation 10 or control of any apparatus Entity data 3 “Entity data” means any data which— a is about— i an entity 15 ii an association between a telecommunications service and an entity or iii an association between any part of a telecommunication system and an entity b consists of or includes data which identifies or describes the20entity whether or not by reference to the entity’s location and c is not events data Events data 4 “Events data” means any data which identifies or describes an event whether or not by reference to its location on in or by means of a telecommunication 25 system where the event consists of one or more entities engaging in a specific activity at a specific time Communications data 5 “Communicationsdata” in relation to a telecommunications operator telecommunications service or telecommunication system means entity30 data or events data— a which is or is to be or is capable of being held or obtained by or on behalf of a telecommunications operator and— i is about an entity to which a telecommunications service is provided and relates to the provision of the service 35 ii is comprised in included as part of attached to or logically associated with a communication whether by the sender or otherwise for the purposes of a telecommunication system by means of which the communicationis being or may be transmitted or 40 iii does not fall within sub-paragraph i or ii but does relate to the use of a telecommunications service or a telecommunication system 188 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General b which is available directly from a telecommunication system and falls within sub-paragraph ii of paragraph a or c which— i is or is to be or is capable of being held or obtained by or on behalf of a telecommunications operator 5 ii is about the architecture of a telecommunication system and iii is not about a specific person but does not include any content of a communication or anything which in the absence of subsection 6 b would be content of a communication Content of a communication 10 6 “Content” in relation to a communication and a telecommunications operator telecommunications service or telecommunication system means any element of the communication or any data attached to or logically associated with the communication which reveals anything of what might reasonably be considered to be the meaning if any of the communication but— 15 a any meaning arising from the fact of the communication or from any data relating to the transmissionof the communicationis to be disregarded and b anything which is systems data is not content Other definitions 20 7 “Entity” means a person or thing 8 “Public telecommunications service” means any telecommunications service which is offered or provided to the public or a substantial section of the public in any one or more parts of the United Kingdom 9 “Public telecommunicationsystem” means a telecommunicationsystem 25 located in the United Kingdom— a by means of which any public telecommunications service is provided or b which consists of parts of any other telecommunication system by means of which any such service is provided 30 10 “Telecommunications operator” means a person who— a offers or provides a telecommunications service to persons in the United Kingdom or b controls or provides a telecommunication system which is wholly or partly — 35 i in the United Kingdom or ii controlled from the United Kingdom 11 “Telecommunications service” means any service that consists in the provision of access to and of facilities for making use of any telecommunication system whether or not one provided by the person providing the service 40 12 For the purposes of subsection 11 the cases in which a service is to be taken to consist in the provision of access to and of facilities for making use of a telecommunication system include any case where a service consists in or includes facilitating the creation management or storage of communications transmitted or that may be transmitted by means of such a system 45 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 189 13 “Telecommunicationsystem” means a system including the apparatus comprised in it that exists whether wholly or partly in the United Kingdom or elsewhere for the purpose of facilitating the transmission of communicationsby any means involving the use of electrical or electromagnetic energy 5 14 “Private telecommunication system” means any telecommunication system which— a is not a public telecommunication system b is attached directly or indirectly to a public telecommunication system whether or not for the purposes of the communication in question 10 and c includes apparatus which is both located in the United Kingdom and used with or without other apparatus for making the attachment to that public telecommunication system 238 Postal definitions 15 1 The definitions in this section have effect for the purposes of this Act Communication 2 “Communication” in relation to a postal operator or postal service but not in the definition of “postal service” in this section includes anything transmitted by a postal service 20 Communications data 3 “Communications data” in relation to a postal operator or postal service means— a postal data comprised in included as part of attached to or logically associated with a communication whether by the sender or otherwise 25 for the purposes of a postal service by means of which it is being or may be transmitted b information about the use made by any person of a postal service but excluding any content of a communication apart from information within paragraph a or 30 c information not within paragraph a or b that is or is to be held or obtained by or on behalf of a person providing a postal service is about those to whom the service is provided by that person and relates to the service so provided Postal data 35 4 “Postal data” means data which— a identifies or purports to identify any person apparatus or location to or from which a communication is or may be transmitted b identifies or selects or purports to identify or select apparatus through which or by means of which a communicationis or may be 40 transmitted c identifies or purports to identify the time at which an event relating to a communication occurs or d identifies the data or other data as data comprised in included as part of attached to or logically associated with a particular communication 45 190 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General For the purposes of this definition “data” in relation to a postal item includes anything written on the outside of the item Other definitions 5 “Postal item” means— a any letter postcard or other such thing in writing as may be used by 5 the sender for imparting information to the recipient or b any packet or parcel 6 “Postal operator” means a person providing a postal service to persons in the United Kingdom 7 “Postal service” means a service that— 10 a consists in the following or in any one or more of them namely the collection sorting conveyance distribution and delivery whether in the United Kingdom or elsewhere of postal items and b has as its main purpose or one of its main purposes to make available or to facilitate a means of transmission from place to place of postal 15 items containing communications 8 “Public postal service” means a postal service that is offered or provided to the public or a substantial section of the public in any one or more parts of the United Kingdom 239 General definitions 20 1 In this Act— “apparatus” includes any equipment machinery or device whether physical or logical and any wire or cable “civil proceedings” means any proceedings in or before any court or tribunal that are not criminal proceedings 25 “crime” means conduct which— a constitutes one or more criminal offences or b is or corresponds to any conduct which if it all took place in any one part of the United Kingdom would constitute one or more criminal offences 30 “criminal proceedings” includes proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006 and references to criminal prosecutions are to be read accordingly “data” includes data which is not electronic data and any information whether or not electronic 35 “destroy” in relation to electronic data means delete the data in such a way as to make access to the data impossible and related expressions are to be read accordingly “enactment”means an enactmentwhenever passed or made and includes— 40 a an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 b an enactment contained in or in an instrument made under an Act of the Scottish Parliament c an enactment contained in or in an instrument made under 45 a Measure or Act of the National Assembly for Wales and Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 191 d an enactment contained in or in an instrument made under Northern Ireland legislation “enhanced affirmative procedure” is to be read in accordance with section 243 “functions” includes powers and duties 5 “GCHQ” has the same meaning as in the Intelligence Services Act 1994 “head” in relation to an intelligence service means— a in relation to the Security Service the Director-General b in relation to the Secret Intelligence Service the Chief and c in relation to GCHQ the Director 10 “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006 “identifying data” has the meaning given by subsection 2 “intelligence service” means the Security Service the Secret Intelligence Service or GCHQ 15 “the Investigatory Powers Commissioner” means the person appointed under section 205 1 a and the expression is also to be read in accordance with section 205 9 b “the Investigatory Powers Tribunal” means the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 20 “items subject to legal privilege”— a in relation to England and Wales has the same meaning as in the Police and Criminal Evidence Act 1984 see section 10 of that Act b in relation to Scotland means— 25 i communications between a professional legal adviser and the adviser’s client or ii communicationsmade in connection with or in contemplationof legal proceedings and for the purposes of those proceedings 30 which would by virtue of any rule of law relating to the confidentiality of communications be protected in legal proceedings from disclosure and c in relation to Northern Ireland has the same meaning as in the Police and Criminal Evidence Northern Ireland Order 1989 35 S I 1989 1341 N I 12 see Article 12 of that Order “Judicial Commissioner”means a person appointed under section 205 1 a or b and the expression is therefore to be read in accordance with section 205 9 a “legal proceedings” means— 40 a civil or criminal proceedings in or before a court or tribunal or b proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006 “modify” includes amend repeal or revoke and related expressions are to be read accordingly 45 “person” other than in Parts 2 and 5 includes an organisation and any association or combination of persons “person holding office under the Crown” includes any servant of the Crown and any member of Her Majesty’s forces “primary legislation” means— 50 192 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General a an Act of Parliament b an Act of the Scottish Parliament c a Measure or Act of the National Assembly for Wales or d Northern Ireland legislation “public authority” means a public authority within the meaning of section 5 6 of the Human Rights Act 1998 other than a court or tribunal “serious crime” means crime where— a the offence or one of the offences which is or would be constituted by the conduct concerned is an offence for which a person who has reached the age of 18 or in relation to Scotland 10 or Northern Ireland 21 and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of 3 years or more or b the conduct involves the use of violence results in substantial financial gain or is conduct by a large number of persons 15 in pursuit of a common purpose “specified” in relation to an authorisation warrant notice or regulations means specified or described in the authorisation warrant notice or as the case may be regulations and “specify” is to be read accordingly “subordinate legislation” means— 20 a subordinate legislation within the meaning of the Interpretation Act 1978 or b an instrument made under an Act of the Scottish Parliament Northern Ireland legislation or a Measure or Act of the National Assembly for Wales 25 “systems data” has the meaning given by subsection 4 “the Technical Advisory Board” means the Board provided for by section 223 “working day” means a day other than a Saturday a Sunday Christmas Day Good Friday or a bank holiday under the Banking and Financial 30 Dealings Act 1971 in any part of the United Kingdom 2 In this Act “identifying data” means— a data which may be used to identify or assist in identifying any person apparatus system or service b data which may be used to identify any event or 35 c data which may be used to identify the location of any person event or thing 3 For the purposes of subsection 2 the reference to data which may be used to identify any event includes— a data relating to the fact of the event 40 b data relating to the type method or pattern of event c data relating to the time or duration of the event 4 In this Act “systems data” means any data that enables or facilitates or identifies or describes anything connected with enabling or facilitating the functioning of any of the following— 45 a a postal service b a telecommunication system including any apparatus forming part of the system 193 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General c any telecommunicationsservice provided by means of a telecommunication system d a relevant system including any apparatus forming part of the system e any service provided by means of a relevant system 5 For the purposes of subsection 4 a system is a “relevant system”5 if any communications or other information are held on or by means of the system 6 For the purposes of this Act detecting crime or serious crime is to be taken to include— a establishing by whom for what purpose by what means and generally in what circumstances any crime or as the case may be serious crime 10 was committed and b the apprehension of the person by whom any crime or as the case may be serious crime was committed 7 References in this Act to the examination of material obtained under a warrant are references to the material being read looked at or listened to by the 15 persons to whom it becomes available as a result of the warrant 240 Index of defined expressions In this Act the expressions listed in the left-hand column have the meaning given by or are to be interpreted in accordance with the provisions listed in the right-hand column 20 Expression Provision Apparatus Section 239 1 Bulk equipment interference warrant Section 163 1 Bulk interception warrant Section 128 1 Civil proceedings Section 239 1 Communication Sections 237 2 and 238 2 Communications data Sections 237 5 and 238 3 Content of a communication in relation to a Section 237 6 telecommunications operator telecommunications service or telecommunication system Crime Section 239 1 Criminal proceedings Section 239 1 Criminal prosecution Section 239 1 Data Section 239 1 Destroy in relation to electronic data and related Section 239 1 expressions Detecting crime or serious crime Section 239 6 Enactment Section 239 1 25 30 35 194 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General Expression Provision Enhanced affirmative procedure Section 239 1 Entity Section 237 7 Entity data Section 237 3 Events data Section 237 4 Examination in relation to material obtained under a warrant Section 239 7 Functions Section 239 1 GCHQ Section 239 1 Head in relation to an intelligence service Section 239 1 Her Majesty’s forces Section 239 1 Identifying data Section 239 2 and 3 Intelligence service Section 239 1 Interception of communication postal service Sections 4 7 and 5 Interception of communication telecommunication system Sections 4 1 to 6 and 5 1 5 10 15 Interception of communication in the United Kingdom Section 4 8 Internet connection record Section 59 7 Investigatory Powers Commissioner Section 239 1 Investigatory Powers Tribunal Section 239 1 Items subject to legal privilege Section 239 1 Judicial Commissioner Section 239 1 Judicial Commissioners Section 205 7 Lawful authority in communication relation to interception of 20 Section 6 Legal proceedings Section 239 1 Modify and related expressions Section 239 1 Person other than in Parts 2 and 5 Section 239 1 Person holding office under the Crown Section 239 1 Postal data Section 238 4 Postal item Section 238 5 Postal item in course of transmission by postal service Section 4 7 Postal operator Section 238 6 Postal service Section 238 7 Primary legislation Section 239 1 25 30 195 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General Expression Provision Private telecommunication system Section 237 14 Public authority Section 239 1 Public postal service Section 238 8 Public telecommunications service Section 237 8 Public telecommunication system Section 237 9 Serious crime Section 239 1 and paragraph 5 of Schedule 9 Source of journalistic information Section 74 8 Specified and specify in relation to an authorisation Section 239 1 warrant notice or regulations Subordinate legislation Section 239 1 Systems data Section 239 4 and 5 Technical Advisory Board Section 239 1 Telecommunications operator Section 237 10 Telecommunications service Section 237 11 and 12 Telecommunication system Section 237 13 Working day Section 239 1 5 10 15 Supplementary provision 241 Offences by bodies corporate etc 20 1 This section applies if an offence under this Act is committed by a body corporate or a Scottish partnership 2 If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of— a a senior officer of the body corporate or Scottish partnership or 25 b a person purporting to act in such a capacity the senior officer or person as well as the body corporate or partnership is guilty of the offence and liable to be proceededagainst and punished accordingly 3 In this section— 30 “director” in relation to a body corporate whose affairs are managed by its members means a member of the body corporate “senior officer” means— a in relation to a body corporate a director manager secretary or 35 other similar officer of the body corporate and b in relation to a Scottish partnership a partner in the partnership 196 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 242 Regulations 1 Any power of the Secretary of State or the Treasury to make regulations under this Act— a is exercisable by statutory instrument 5 b may be exercised so as to make different provision for different purposes or different areas and c includes power to make supplementary incidental consequential transitional transitory or saving provision 2 See sections 69 3 and 70 6 for the procedure for a statutory instrument containing regulations under section 68 to which section 69 applies or as10the case may be regulations under section 70 4 to which section 70 5 applies enhanced affirmative procedure 3 A statutory instrument containing regulations under— a section 12 4 or 246 2 which amend or repeal any provision of primary legislation 15 b section 44 2 c section 50 5 d section 80 e section 86 1 f section 217 20 g section 223 h section 229 i section 233 1 or j paragraph 33 of Schedule 8 may not be made unless a draft of the instrument has been laid before and 25 approved by a resolution of each House of Parliament 4 A statutory instrument containing— a regulations under section 12 4 or 246 2 to which subsection 3 does not apply b regulations under section 62 5 or 30 c regulations under paragraph 2 1 b of Schedule 5 is if a draft of the instrument has not been laid before and approved by a resolution of each House of Parliament subject to annulment in pursuance of a resolution of either House of Parliament 5 A statutory instrument containing— 35 a regulations under section 10 3 b regulations under section 50 3 c regulations under section 55 7 a d regulations under section 68 to which section 69 does not apply e regulations under section 70 4 to which section 70 5 does not apply 40 f regulations under section 125 6 a or g regulations under section 231 7 is subject to annulment in pursuance of a resolution of either House of Parliament 6 A statutory instrument containing regulations under paragraph 4 of Schedule 45 5 is subject to annulment in pursuance of a resolution of the House of Commons Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 197 7 See paragraphs 4 4 and 5 5 of Schedule 7 for the procedure for a statutory instrument containing regulations about the coming into force of a code of practice under that Schedule or of any revisions to such a code of practice affirmative procedure or in the case of the coming into force of revisions a choice between that procedure and laying before Parliament after being made 5 8 A statutory instrument containing regulations which are subject to a particular parliamentary procedure under this Act may also include regulations which are subject to a different or no parliamentary procedure under this Act but this subsection does not apply to regulations mentioned in subsection 2 4 6 or 7 10 9 A statutory instrument which by virtue of subsection 8 contains regulations which are subject to different parliamentary procedures or one or more parliamentaryprocedure and no parliamentaryprocedure is subject to whichever procedure is the higher procedure and the order is as follows the highest first — 15 a the procedure set out in subsection 3 the affirmative procedure b the procedure set out in subsection 5 above the negative procedure c no procedure 10 Provision is not prevented from being included in regulations made under this Act merely becausethe provision could have been included in other 20 regulations made under this Act which would have been subject to a different or no parliamentary procedure 243 Enhanced affirmative procedure 1 For the purposes of regulations under section 68 to which section 69 applies and regulationsunder section 70 4 to which section 70 5 applies the 25 enhanced affirmative procedure is as follows 2 Subsection 3 applies if— a the Secretary of State has consulted under section 69 2 or as the case may be 70 5 in relation to making such regulations b a period of at least 12 weeks beginning with the day on which any30 such consultation first began has elapsed and c the Secretary of State considers it appropriate to proceed with making such regulations 3 The Secretary of State must lay before Parliament— a draft regulations and b a document which explains the regulations 35 4 The Secretaryof State may make regulationsin the terms of the draft regulations laid under subsection 3 if after the end of the 40-day period the draft regulations are approved by a resolution of each House of Parliament 5 But subsections 6 to 9 apply instead of subsection 4 if— 40 a either House of Parliament so resolves within the 30-day period or b a committee of either House charged with reporting on the draft regulations so recommends within the 30-day period and the House to which the recommendation is made does not by resolution reject the recommendation within that period 45 6 The Secretary of State must have regard to— 198 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General a any representations b any resolution of either House of Parliament and c any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations made during the 60-day period with regard to the draft regulations 5 7 If after the end of the 60-day period the draft regulations are approved by a resolution of each House of Parliament the Secretary of State may make regulations in the terms of the draft regulations 8 If after the end of the 60-day period the Secretary of State wishes to proceed with the draft regulations but with material changes the Secretary of State 10 may lay before Parliament— a revised draft regulations and b a statement giving a summary of the changes proposed 9 If the revised draft regulations are approved by a resolution of each House of Parliament the Secretary of State may make regulations in the terms of the 15 revised draft regulations 10 For the purposes of this section regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to the provisions of the draft or revised draft regulations 11 References in this section to the “30-day” “40-day” and “60-day” periods 20in relation to any draft regulations are to the periods of 30 40 and 60 days beginning with the day on which the draft regulations were laid before Parliament and for this purpose no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days 25 244 Financial provisions There is to be paid out of money provided by Parliament— a any expenditure incurred by a Minister of the Crown or government department by virtue of this Act and b any increase attributable to this Act in the sums payable by virtue 30 of any other Act out of money so provided 245 Transitional transitory or saving provision 1 Schedule9 which contains transitional transitory and saving provision including a general saving for lawful conduct has effect 2 The Secretary of State may by regulations make such transitional transitory 35 or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act 246 Minor and consequential provision 1 Schedule 10 which contains minor and consequential provision has effect 2 The Secretary of State may by regulations make such provision as the Secretary 40 of State considers appropriate in consequence of this Act Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 199 3 The power to make regulations under subsection 2 may in particular be exercised by modifying any provision made by or under an enactment Final provision 247 Commencement extent and short title 1 Subject to subsections 2 and 3 this Act comes into force on such day as 5 the Secretary of State may by regulations appoint and different days may be appointed for different purposes 2 Sections 236 to 244 245 2 246 2 and 3 and this section come into force on the day on which this Act is passed 3 Sections 205 and 206 come into force at the end of the period of two months 10 beginning with the day on which this Act is passed 4 Subject to subsections 5 and 6 this Act extends to England and Wales Scotland and Northern Ireland 5 An amendment repeal or revocation of an enactment has the same extent as the enactment amended repealed or revoked 15 6 Her Majesty may by Order in Council provide for any of the provisions of this Act to extend with or without modifications to any of the British overseas territories 7 This Act may be cited as the Investigatory Powers Act 2016 200 Investigatory Powers Bill Schedule 1 — Monetary penalty notices SCHEDULES SCHEDULE 1 Section 7 M ONETARY PENALTY NOTICES PART 1 M ONETARY PENALTY NOTICES 5 Payment of monetary penalties 1 1 A monetary penalty imposed by a monetary penalty notice must be paid to the Commissioner within the period specified in the notice 2 The period specified under sub-paragraph 1 must not be less than 28 days beginning with the day after the day on which the notice is served 10 3 Any sum received by the Commissioner by virtue of a monetary penalty notice must be paid into the Consolidated Fund Contents of monetary penalty notices 2 A monetary penalty notice must in particular— a state the name and address of the person on whom it is to be served 15 b provide details of the notice of intent served on that person see paragraph 4 c state whether the Commissioner has received written representations in accordance with that notice of intent d state the grounds on which the Commissioner serves the monetary 20 penalty notice e state the grounds on which the Commissioner decided the amount of the monetary penalty imposed by the monetary penalty notice f state the details of how the monetary penalty is to be paid g provide details of the person’s rights of appeal under paragraph 25 8 in respect of the monetary penalty notice h provide details of the Commissioner’s rights of enforcement under paragraph 9 in respect of the monetary penalty notice Enforcement obligations 3 1 The Commissioner may include an enforcement obligation or enforcement 30 obligations in a monetary penalty notice if the Commissioner considers that the interception to which the notice relates is continuing 2 Each of the following is an enforcement obligation— HL Bill 62 56 2 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices 201 a a requirement on the person on whom the notice is served to cease the interception on a specified day or within a specified period b where appropriate for achieving such a cessation a requirement on the person to take specified steps within a specified period or to refrain from taking specified steps after the end of a specified period 5 3 An enforcement obligation may not have effect before the end of the period of 7 days beginning with the day after the day on which the notice is served 4 Where an enforcement obligation is included in a monetary penalty notice under this paragraph the notice must state what the obligation is and the grounds for including it 10 Consultation requirements before service of monetary penalty notices 4 1 The Commissioner must proceed in accordance with sub-paragraphs 2 to 7 before serving a monetary penalty notice on a person 2 The Commissioner must serve a notice of intent on the person 3 A notice of intent is a notice that the Commissioner proposes to 15 serve a monetary penalty notice on the person 4 A notice of intent served on a person must in particular— a state the name and address of the person b state the grounds on which the Commissioner proposes to serve the monetary penalty notice 20 c provide an indication of the amount of the monetary penalty that the Commissioner proposes to impose and the Commissioner’s grounds for deciding that amount d state whether the monetary penalty notice is to include any enforcement obligation and if so what the obligation is and 25 the grounds for including it e state the date on which the Commissioner proposes to serve the monetary penalty notice f inform the person that the person may make written representations in relation to the Commissioner’s proposal within a period specified 30 in the notice and g inform the person that the person may within a period specified in the notice request an oral hearing before the Commissioner in order to make representations of the kind mentioned in sub-paragraph 6 b 35 5 No period specified as mentioned in sub-paragraph 4 f or g may be less than 21 days beginning with the day after the day on which the notice is served 6 Where the person has requested an oral hearing within the period specified for the purpose in the notice— 40 a the Commissioner must arrange such a hearing and b the person may make representations at the hearing about— i any matter falling within section 7 3 c or ii any other matter relating to the Commissioner’s proposal which by virtue of section 53 the person would be unable45 to raise on an appeal under paragraph 8 202 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices 7 The Commissioner must consider any representations which have been made by the person in accordance with the notice or sub-paragraph 6 8 If the Commissioner decides not to serve a monetary penalty notice on a person as a result of any representations which have been made by the person in accordance with a notice of intent or sub-paragraph 6 5 the Commissioner must inform the person of that fact 5 1 The Commissioner may not vary a notice of intent except as set out in subparagraph 2 2 The Commissioner may vary a notice of intent by extending the period mentioned in paragraph 4 4 f or g 10 3 Sub-paragraph 1 does not prevent the Commissioner from serving a new notice of intent instead of varying such a notice 4 The Commissioner may cancel a notice of intent 5 A variation or cancellation of a notice of intent is effected by serving on the person on whom the notice was served a notice setting out the variation 15or cancellation 6 1 The Commissioner must not serve a monetary penalty notice on a person in respect of an interception if any notice of intent in respect of that interception was served on the person more than 3 months earlier 2 But the Commissioner may serve a monetary penalty notice on a20person where the service of the notice would otherwise be prevented by subparagraph 1 if the Commissioner— a considers it reasonable to do so and b includes the reasons for doing so in the monetary penalty notice Variation or cancellation of monetary penalty notices 7 25 1 The Commissioner may vary or cancel a monetary penalty notice 2 But the Commissioner may not vary a monetary penalty notice in a way that is detrimental to the person on whom it was served whether by increasing the amount of the monetary penalty by reducing the period specified in the notice as the period within which the penalty must be paid by imposing 30a new enforcement obligation or making an existing enforcement obligation effective earlier or otherwise more onerous or otherwise 3 The Commissioner must— a in the case of a variation which reduces the amount of a monetary penalty repay any excess already paid in accordance with the notice 35 and b in the case of a cancellation repay any amount already paid in accordance with the notice 4 A variation or cancellation of a monetary penalty notice is effected by serving on the person on whom the monetary penalty notice was served 40a notice setting out the variation or cancellation 5 The Commissioner may not serve another monetary penalty notice on a person in respect of an interception if the Commissioner has cancelled a previous notice served on the person in respect of the same interception Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices 203 6 If the Commissioner refuses a request by a person to vary or cancel a monetary penalty notice which has been served on the person the Commissioner must inform the person of that fact Appeals in relation to monetary penalty notices 8 1 A person on whom a monetary penalty notice is served may appeal to the 5 First-tier Tribunal against— a the monetary penalty notice or any provision of it or b any refusal of a request by the person to serve a notice of variation or cancellation in relation to the monetary penalty notice 2 Where there is an appeal under sub-paragraph 1 a in relation to 10 a monetary penalty notice or any provision of it any requirement in the notice or as the case may be provision which does not relate to the imposition of an enforcement obligation need not be complied with until the appeal is withdrawn or finally determined 3 Sub-paragraphs 4 to 6 apply in relation to an appeal under sub-paragraph 15 1 a 4 The First-tier Tribunal must allow the appeal or substitute such other monetary penalty notice as could have been served by the Commissioner if the Tribunal considers— a that the notice to which the appeal relates is not in accordance with 20 the law or b to the extent that the notice involved an exercise of discretion by the Commissioner that the Commissioner ought to have exercised the discretion differently 5 In any other case the First-tier Tribunal must dismiss the appeal 25 6 The First-tier Tribunal may review any determination of fact on which the notice was based 7 Sub-paragraphs 8 to 10 apply in relation to an appeal under subparagraph 1 b 8 The First-tier Tribunal must direct the Commissioner to serve on such terms 30 as the Tribunal considers appropriate a notice of variation or cancellation in relation to the monetary penalty notice if the Tribunal considers that the monetary penalty notice ought to be varied or cancelled on those terms 9 In any other case the First-tier Tribunal must dismiss the appeal 10 The First-tier Tribunal may review any determination of fact on which the 35 refusal to serve the notice of variation or cancellation was based Enforcement of monetary penalty notices 9 1 This paragraph applies in relation to any penalty payable to the Commissioner by virtue of a monetary penalty notice 2 In England and Wales or Northern Ireland the penalty is recoverable— 40 a if the county court in England and Wales or a county court in Northern Ireland so orders as if it were payable under an order of that court and 204 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices b if the High Court so orders as if it were payable under an order of that court 3 In Scotland the penalty is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom in Scotland 5 10 1 A person on whom a monetary penalty notice containing an enforcement obligation is served must comply with the obligation 2 The duty imposed by sub-paragraph 1 is enforceable by civil proceedings by the Commissioner for an injunction or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 or for10 any other appropriate relief Guidance 11 1 The Commissioner must prepare and issue guidance on how the Commissioner proposes to exercise the Commissioner’s functions under section 7 and this Schedule 15 2 The guidance must in particular deal with— a the manner in which the Commissioner is to deal with claims of a description specified in the guidance which may give rise to grounds for serving a monetary penalty notice b the circumstances in which the Commissioner would consider 20 it appropriate to serve a monetary penalty notice c how the Commissioner will determine the amount of the penalty and d the circumstances in which the Commissioner would consider it appropriate to impose an enforcement obligation 25 3 The Commissioner may alter or replace the guidance 4 If the guidance is altered or replaced the Commissioner must issue the altered or replacement guidance 5 The Commissioner must arrange for the publication in such form and manner as the Commissioner considers appropriate of any guidance issued 30 under this paragraph Interpretation of Part 1 12 In this Part of this Schedule— “address” means— a in the case of a registered company the address of 35 its registered office b in the case of a person other than a registered company carrying on a business the address of the person’s principal place of business in the United Kingdom and c in any other case the person’s last known address 40 “the Commissioner” means the Investigatory Powers Commissioner “enforcement obligation” has the meaning given by paragraph 3 2 “monetary penalty notice” means a monetary penalty notice under section 7 205 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices “notice” means notice in writing “notice of intent” has the meaning given by paragraph 4 3 “registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom 5 PART 2 I NFORMATION PROVISIONS Information notices 13 1 The Commissioner may by notice an “information notice” request any person on whom the Commissioner is considering whether to serve a Part 10 1 notice of intent or a Part 1 monetary penalty notice to provide such information as the Commissioner reasonably requires for the purpose of deciding whether to serve it 2 Where the Commissionerrequeststhat documentsbe produced the Commissioner may take copies of or extracts from any document 15 so produced 3 An information notice must— a specify or describe the information to be provided b specify the manner in which and the period within which the information is to be provided 20 c state that the Commissionerconsiders that the information is information which the Commissioner reasonably requires for the purpose of deciding whether to serve a Part 1 notice of intent or as the case may be a Part 1 monetary penalty notice d state the Commissioner’s grounds for this view and 25 e provide details of the rights of appeal under paragraph 15 in respect of the information notice 4 For the purposes of sub-paragraph 3 b — a specifying the manner in which the information is to be provided may include specifying the form in which it is to be provided and 30 b the specified period within which the information is to be provided must not be less than 28 days beginning with the day after the day on which the information notice is served 14 1 The Commissioner may not vary an information notice except as set out in sub-paragraph 2 35 2 The Commissioner may vary an information notice by extending the period within which the information is to be provided if the person on whom the notice is served appeals under paragraph 15 in relation to the notice 3 Sub-paragraph 1 does not prevent the Commissioner from serving a new information notice instead of varying such a notice 40 4 The Commissioner may cancel an information notice 5 A variation or cancellation of an information notice is effected by serving on the person on whom the notice was served a notice setting out the variation or cancellation 206 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 2 — Information provisions Appeals in relation to information notices 15 1 A person on whom an information notice is served may appeal to the Firsttier Tribunal against— a the information notice or any provision of it or b any refusal of a request by the person to serve a notice of variation 5 or cancellation in relation to the information notice 2 Subject to paragraph 14 2 an appeal under this paragraph does not affect the need to comply with the information notice while the appeal has not been withdrawn or finally determined 3 Sub-paragraphs 4 to 6 apply in relation to an appeal under sub-paragraph 10 1 a 4 The First-tier Tribunal must allow the appeal or substitute such other information notice as could have been served by the Commissioner if the Tribunal considers— a that the notice to which the appeal relates is not in accordance with 15 the law or b to the extent that the notice involved an exercise of discretion by the Commissioner that the Commissioner ought to have exercised the discretion differently 5 In any other case the First-tier Tribunal must dismiss the appeal 20 6 The First-tier Tribunal may review any determination of fact on which the notice was based 7 Sub-paragraphs 8 to 10 apply in relation to an appeal under subparagraph 1 b 8 The First-tier Tribunal must direct the Commissioner to issue on such terms 25 as the Tribunal considers appropriate a notice of variation or cancellation in relation to the information notice if the Tribunal considers that the information notice ought to be varied or cancelled on those terms 9 In any other case the First-tier Tribunal must dismiss the appeal 10 The First-tier Tribunal may review any determination of fact on which the 30 refusal to serve the notice of variation or cancellation was based Enforcement of information notices 16 1 The Commissioner may serve a Part 2 monetary penalty notice on a person if the person— a without reasonable excuse fails to comply with an information 35 notice or b knowingly or recklessly gives any information which is false in a material particular in response to an information notice 2 A Part 2 monetary penalty notice is a notice requiring the person on whom it is served to pay to the Commissioner a monetary penalty of an amount 40 determined by the Commissioner and specified in the notice 3 The amount of a monetary penalty determined by the Commissioner under this paragraph may be— a a fixed amount Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 2 — Information provisions 207 b an amount calculated by reference to a daily rate or c a fixed amount and an amount calculated by reference to a daily rate 4 But the total amount payable must not exceed £10 000 5 In the case of an amount calculated by reference to a daily rate— a no account is to be taken of the day on which the Part 2 monetary5 penalty notice is served or any day before that day and b the Part 2 monetary penalty notice must specify— i the day on which the amount first starts to accumulate and the circumstances in which it is to cease to accumulate and ii the period or periods within which the amount or any part10 or parts so far accumulated must be paid to the Commissioner Any period falling within paragraph b ii must not be less than 28 days beginning with the day after the day on which the notice is served 17 1 Part 1 of this Schedule applies in relation to a Part 2 monetary penalty 15 notice and the penalty that relates to that notice as it applies in relation to a Part 1 monetary penalty notice and the penalty that relates to that notice This is subject to the following modifications 2 The provisions in Part 1 of this Schedule so far as relating to enforcement obligations do not apply in relation to a Part 2 monetary penalty notice 20 3 Paragraph 4 has effect in relation to a Part 2 monetary penalty notice as if in sub-paragraph 6 b the reference to making representations about matters falling within sub-paragraph 6 b i or ii were a reference to making representations about matters falling within sub-paragraph 6 b ii only 4 Paragraph 6 has effect in relation to a Part 2 monetary penalty notice as 25if the referencesin sub-paragraph 1 to an interceptionwere referencesto conduct falling within paragraph 16 1 a or b 5 Paragraph 7 5 has effect in relation to a Part 2 monetary penalty notice as if the references to an interception were references to conduct falling within paragraph 16 1 a or b 30 Technical assistance for the Commissioner 18 1 OFCOM must comply with any reasonable request made by the Commissioner in connection with the Commissioner’s functions under section 7 and this Schedule for advice on technical and similar matters relating to electronic communications 35 2 For this purpose the Commissioner may disclose to OFCOM any information obtained by the Commissioner under this Schedule 3 In this paragraph “OFCOM” means the Office of Communications established by section 1 of the Office of Communications Act 2002 Interpretation of Part 2 19 40 In this Part of this Schedule— “the Commissioner” means the Investigatory Powers Commissioner “enforcement obligation” has the meaning given by paragraph 3 2 208 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 2 — Information provisions “information” includes documents and any reference to providing or giving information includes a reference to producing a document “information notice” has the meaning given by paragraph 13 1 “notice” means notice in writing “Part 1 monetary penalty notice” means a monetary penalty notice 5 under section 7 “Part 1 notice of intent” means a notice of intent within the meaning of paragraph 4 3 relating to a Part 1 monetary penalty notice “Part 2 monetary penalty notice” means a monetary penalty notice under paragraph 16 10 SCHEDULE 2 Section 12 1 A BOLITION OF DISCLOSURE POWERS Health and Safety at Work etc Act 1974 1 In section 20 of the Health and Safety at Work etc Act 1974 powers of inspectors at end insert— 15 “ 9 Nothing in this section is to be read as enabling an inspector to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator 10 In subsection 9 “communications data” “postal operator” and “telecommunications operator” have the same meanings as 20 in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” Criminal Justice Act 1987 2 In section 2 of the Criminal Justice Act 1987 investigation powers of Director of Serious Fraud Office after subsection 10 insert— “ 10A Nothing in this section is to be read as enabling a person to secure 25 the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator 10B In subsection 10A “communications data” “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 see sections 237 and 238 of that30 Act ” Consumer Protection Act 1987 3 In section 29 of the Consumer Protection Act 1987 powers of search etc at end insert— “ 8 The officer may not exercise a power under this section to secure the disclosure by a telecommunications operator or postal operator 35 of communications data without the consent of the operator 9 In subsection 8 “communications data” “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” Investigatory Powers Bill Schedule 2 — Abolition of disclosure powers 209 Environmental Protection Act 1990 4 In section 71 of the EnvironmentalProtection Act 1990 obtaining of information from persons and authorities at end insert— “ 5 Nothing in this section is to be read as enabling a person to secure the disclosure by a telecommunications operator or postal operator of5 communications data without the consent of the operator 6 In subsection 5 “communications data” “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” Social Security Administration Act 1992 10 5 In section 109B of the Social Security Administration Act 1992 power to require information — a in subsection 2A omit paragraph j b in subsection 2E for the words from “for” to the end of the subsection substitute “so as to secure the disclosure by a 15 telecommunications operator or postal operator of communications data without the consent of the operator ” c omit subsection 2F and d in subsection 7 — i after the definition of “bank” insert— 20 ““communications data” has the same meaning as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” ii after the definition of “insurer” insert— ““postal operator” has the same meaning as in the 25 Investigatory Powers Act 2016 see section 238 of that Act ” and iii for the definition of “telecommunicationsservice” substitute— ““telecommunications operator” has the same meaning 30 as in the Investigatory Powers Act 2016 see section 237 of that Act ” 6 In section 109C of the Social Security Administration Act 1992 powers of entry for subsection 6 substitute— “ 6 Subsections 2E and 5 of section 109B apply for the purposes 35 of this section as they apply for the purposes of that section ” Social Security Administration Northern Ireland Act 1992 7 In section 103B of the Social Security Administration Northern Ireland Act 1992 power to require information — a in subsection 2A omit paragraph i 40 b in subsection 2E for the words from “for” to the end of the subsection substitute “so as to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator ” c omit subsection 2F and 45 210 Investigatory Powers Bill Schedule 2 — Abolition of disclosure powers d in subsection 7 — i after the definition of “bank” insert— ““communications data” has the same meaning as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” 5 ii after the definition of “insurer” insert— ““postal operator” has the same meaning as in the Investigatory Powers Act 2016 see section 238 of that Act ” and iii for the definition of “telecommunicationsservice” 10 substitute— ““telecommunications operator” has the same meaning as in the Investigatory Powers Act 2016 see section 237 of that Act ” 8 In section 103C of the Social Security Administration Northern Ireland 15 Act 1992 powers of entry for subsection 6 substitute— “ 6 Subsections 2E and 5 of section 103B apply for the purposes of this section as they apply for the purposes of that section ” Financial Services and Markets Act 2000 9 In section 175 of the Financial Services and Markets Act 2000 information 20 gathering and investigations supplemental provision after subsection 5 insert— “ 5A Nothing in this Part is to be read as enabling a person to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator 25 5B In subsection 5A “communications data” “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” Finance Act 2008 10 In Schedule 36 to the Finance Act 2008 information and inspection powers 30 in paragraph 19 restrictions on powers types of information at end insert— “ 4 An information notice does not require a telecommunications operator or postal operator to provide or produce communications data 35 5 In sub-paragraph 4 “communications data” “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” Prevention of Social Housing Fraud Power to Require Information England Regulations 40 2014 S I 2014 899 11 In regulation 4 of the Prevention of Social Housing Fraud Power to Require Information England Regulations 2014 power to require information from persons who provide telecommunications services etc — Investigatory Powers Bill Schedule 2 — Abolition of disclosure powers a b c d 211 omit sub-paragraph f of paragraph 3 in sub-paragraph g of that paragraph for “ f ” substitute “ e ” omit paragraphs 6 and 7 after paragraph 10 insert— “ 10A Nothing in this regulation is to be read as enabling a person 5 to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator ” and e in paragraph 11 — i after the definition of “bank” insert— 10 ““communications data” has the same meaning as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” ii after the definition of “family” insert— ““postal operator” has the same meaning as in the 15 Investigatory Powers Act 2016 see section 238 of that Act ” and iii for the definition of “telecommunicationsservice” substitute— ““telecommunications operator” has the same meaning20 as in the Investigatory Powers Act 2016 see section 237 of that Act ” SCHEDULE 3 Section 53 EXCEPTIONS TO SECTION 53 Introductory 1 This Schedule contains— a exceptions to the exclusion by section 53 1 of certain matters from legal proceedings and b limitations on those exceptions where that exclusion will still apply Disclosures of lawfully intercepted communications 2 25 30 1 Section 53 1 a does not prohibit the disclosure of any content of a communication or any secondary data obtained from a communication if the interception of that communication was lawful by virtue of any of the following provisions— a sections 6 1 c and 42 to 50 35 b sections 1 5 c 3 and 4 of the Regulation of Investigatory Powers Act 2000 c section 1 2 b and 3 of the Interception of Communications Act 1985 2 Where any disclosure is proposed to be or has been made on the grounds 40 that it is authorised by sub-paragraph 1 section 53 1 does not prohibit the doing of anything in or for the purposes of so much of any proceedings as relates to the question whether that disclosure is or was so authorised 212 Investigatory Powers Bill Schedule 3 — Exceptions to section 53 Disclosures of convictions for certain offences 3 Section 53 1 b does not prohibit the doing of anything that discloses any conduct of a person for which that person has been convicted of— a an offence under section 3 1 41 7 or 56 b an offence under section 1 1 or 2 11 7 or 19 of the Regulation5of Investigatory Powers Act 2000 or c an offence under section 1 of the Interception of Communications Act 1985 Proceedings before the Investigatory Powers Tribunal etc 4 Section 53 1 does not apply in relation to— 10 a any proceedings before the Investigatory Powers Tribunal b any proceedings on an appeal under section 67A of the Regulation of Investigatory Powers Act 2000 appeal against decisions of the Tribunal etc or c any proceedings arising out of such an appeal 15 Proceedings before Special Immigration Appeals Commission 5 1 Section 53 1 does not apply in relation to— a any proceedings before the Special Immigration Appeals Commission or b any proceedings arising out of proceedings before that Commission 20 2 But sub-paragraph 1 does not permit the disclosure of anything to— a the appellant or as the case may be applicant to the Special Immigration Appeals Commission or b any person who— i represents that appellant or applicant for the purposes of 25 the proceedings and ii does so otherwise than by virtue of appointment under section 6 of the Special Immigration Appeals Commission Act 1997 Proceedings before Proscribed Organisations Appeal Commission 6 30 1 Section 53 1 does not apply in relation to— a any proceedings before the Proscribed Organisations Appeal Commission or b any proceedings arising out of proceedings before that Commission 2 But sub-paragraph 1 does not permit the disclosure of anything to any 35of the following— a the applicant to the Commission b the organisation concerned if different c any person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct the proceedings on behalf of40that organisation d any person who— i representsthat appellant or that organisation for the purposes of the proceedings and Investigatory Powers Bill Schedule 3 — Exceptions to section 53 213 ii does so otherwise than by virtue of an appointment under paragraph 7 of that Schedule Closed material proceedings 7 1 Section 53 1 does not apply in relation to any section 6 proceedings within the meaning given by section 14 1 of the Justice and Security Act 5 2013 certain civil proceedings in which closed material applications may be made 2 But sub-paragraph 1 does not permit a prohibited section 6 disclosure 3 In the case of section 6 proceedings where the only relevant person is the Secretary of State a “prohibited section 6 disclosure” means a disclosure 10 of anything to— a any person other than the Secretary of State who is or was a party to the proceedings or b any person who— i represents such a person for the purposes of the proceedings 15 and ii does so otherwise than by virtue of appointment as a special advocate 4 In the case of section 6 proceedings where the Secretary of State is not the only relevant person or is not a relevant person but is a party to 20 the proceedings a “prohibited section 6 disclosure” means a disclosure of anything to— a any person other than the relevant person concernedor the Secretary of State who is or was a party to the proceedings or b any person who— 25 i represents a person within paragraph a for the purposes of the proceedings and ii does so otherwise than by virtue of appointment as a special advocate 5 In this paragraph “relevant person” in relation to section 6 proceedings 30has the meaning given by section 14 1 of the Justice and Security Act 2013 TPIM proceedings 8 1 Section 53 1 does not apply in relation to— a any TPIM proceedings or b any proceedings arising out of any TPIM proceedings 35 2 But sub-paragraph 1 does not permit the disclosure of anything to— a any person other than the Secretary of State who is or was a party to the proceedings or b any person who— i represents such a person for the purposes of the proceedings 40 and ii does so otherwise than by virtue of appointment as a special advocate under Schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011 214 Investigatory Powers Bill Schedule 3 — Exceptions to section 53 3 In this paragraph “TPIM proceedings” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 TEO proceedings 9 1 Section 53 1 does not apply in relation to— a any TEO proceedings or b any proceedings arising out of any TEO proceedings 5 2 But sub-paragraph 1 does not permit the disclosure of anything to— a any person other than the Secretary of State who is or was a party to the proceedings or b any person who— 10 i represents such a person for the purposes of the proceedings and ii does so otherwise than by virtue of appointment as a special advocate under Schedule 3 to the Counter-Terrorism and Security Act 2015 15 3 In this paragraph “TEO proceedings” has the meaning given by paragraph 1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 temporary exclusion orders proceedings Proceedings relating to freezing of terrorist assets etc 10 1 Section 53 1 does not apply in relation to— a any financial restrictions proceedings or b any proceedings arising out of such proceedings 20 2 In this paragraph “financial restrictions proceedings” has the meaning given by section 65 of the Counter-Terrorism Act 2008 11 Section 53 1 does not apply in relation to any proceedings— 25 a on an appeal under section 26 or an application under section 27 of the Terrorist Asset-Freezing etc Act 2010 appeals and reviews by the court or b on a claim arising from any matter to which such an appeal or application relates 30 or any proceedings arising out of such proceedings 12 But neither paragraph 10 nor paragraph 11 permits the disclosure of anything to— a any person other than the Treasury who is or was a party to the proceedings or 35 b any person who— i represents such a person for the purposes of the proceedings and ii does so otherwise than by virtue of appointment as a special advocate 40 Proceedings relating to release of prisoners etc in Northern Ireland 13 1 Section 53 1 does not apply in relation to— a any proceedings before— Investigatory Powers Bill Schedule 3 — Exceptions to section 53 215 i the Parole Commissioners for Northern Ireland or ii any SentenceReview Commissionersappointed under section 1 of the Northern Ireland Sentences Act 1998 or b any proceedings arising out of such proceedings 2 But sub-paragraph 1 does not permit the disclosure of anything to— 5 a any person other than the Secretary of State who is or was a party to the proceedings or b any person who— i represents such a person for the purposes of the proceedings and 10 ii does so otherwise than by virtue of appointment as a special advocate Employment or industrial tribunal proceedings 14 1 Section 53 1 does not apply in relation to any proceedings before an employment tribunal where the applicant or the applicant’s 15 representatives are excluded for all or part of the proceedings pursuant to— a a direction to the tribunal by virtue of section 10 5 b or c of the Employment Tribunals Act 1996 exclusion from Crown employment proceedings by direction of Minister in interests of national security or 20 b a determination of the tribunal by virtue of section 10 6 of that Act determination by tribunal in interests of national security 2 Section 53 1 does not apply in relation to any proceedings before an industrial tribunal in Northern Ireland where the applicant or the applicant’s representatives are excluded for all or part of the proceedings 25 pursuant to— a a direction to the tribunal by virtue of Article 12 5 b or c of the Industrial Tribunals Northern Ireland Order 1996 S I 1996 1921 N I 18 exclusion from Crown employmentproceedingsby direction of Minister in interests of national security or 30 b a determination of the tribunal by virtue of Article 12 6 of that Order determination by tribunal in interests of national security 3 Section 53 1 does not apply in relation to any proceedings arising out of proceedings within sub-paragraph 1 or 2 15 But paragraph 14 does not permit the disclosure of anything to— 35 a the person who is or was the applicant in the proceedings before the employment or industrial tribunal or b any person who— i represents that person for the purposes of any proceedings within paragraph 14 and 40 ii does so otherwise than by virtue of appointment as a special advocate Proceedings relating to dismissal for certain offences 16 Section 53 1 does not prohibit anything done in for the purposes of or in connection with so much of any legal proceedings as relates to the fairness 45 or unfairness of a dismissal on the following grounds— 216 Investigatory Powers Bill Schedule 3 — Exceptions to section 53 a any conduct constituting an offence under section 3 1 41 7 or 56 b any conduct taking place before the coming into force of this paragraph and constituting— i an offence under section 1 1 or 2 11 7 or 19 of the Regulation of Investigatory Powers Act 2000 or 5 ii an offence under section 1 of the Interception of Communications Act 1985 Proceedings on appeals relating to claims of discrimination in Northern Ireland 17 1 Section 53 1 does not apply in relation to any proceedings on an appeal under Article 80 2 of the Fair Employment and Treatment Northern 10 Ireland Order 1998 S I 1998 3162 N I 21 where— a the appeal relates to a claim of discrimination in contravention of Part 3 of that Order employment cases and to a certificate of the Secretary of State that the act concerned was justified for the purpose of safeguarding national security and 15 b a party to the appeal or the party’s representatives are excluded for all or part of the proceedings by virtue of section 91 4 b of the Northern Ireland Act 1998 2 Section 53 1 does not apply in relation to any proceedings arising out of proceedings within sub-paragraph 1 20 18 But paragraph 17 does not permit the disclosure of anything to— a any person who is or was excluded from all or part of the proceedings mentioned in paragraph 17 1 or b any person who— i represents such a person for the purposes of any proceedings 25 within paragraph 17 and ii does so otherwise than by virtue of appointment as a special advocate Civil proceedings for enforcement of duty to assist with implementation of warrants 19 Section 53 1 does not apply in relation to any civil proceedings 30 under section 41 8 of this Act or section 11 8 of the Regulation of Investigatory Powers Act 2000 enforcementof duty of operators to assist with implementation of warrants Proceedings for certain offences 20 1 Section 53 1 does not apply in relation to any proceedings for a relevant 35 offence 2 “Relevant offence” means— a an offence under any provision of this Act b an offence under section 1 of the Interception of Communications Act 1985 40 c an offence under any provision of the Regulation of Investigatory Powers Act 2000 d an offence under section 47 or 48 of the Wireless Telegraphy Act 2006 e an offence under section 83 or 84 of the Postal Services Act 2000 45 Investigatory Powers Bill Schedule 3 — Exceptions to section 53 217 f an offence under section 4 of the Official Secrets Act 1989 relating to any such information documentor article as is mentionedin subsection 3 a or c of that section g an offence under section 1 or 2 of the Official Secrets Act 1911 relating to any sketch plan model article note document or information5 which— i incorporates or relates to the content of any intercepted communicationor any secondarydata obtained from a communication or ii tends to suggest that any interception-related conduct has 10or may have occurred or may be going to occur h an offence of perjury committed in the course of any relevant proceedings i an offence of attempting or conspiring to commit an offence falling within any of paragraphs a to h 15 j an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence falling within any of those paragraphs k an offence of aiding abetting counselling or procuring the commission of an offence falling within any of those paragraphs l contempt of court committed in the course of or in relation to any 20 relevant proceedings 3 In this paragraph— “intercepted communication” and “interception-related conduct” have the same meaning as in section 53 “relevant proceedings” means any proceedings mentioned in 25 paragraphs 4 to 19 Disclosures to prosecutors and judges 21 1 Nothing in section 53 1 prohibits— a a disclosure to a person “P” conducting a criminal prosecution that is made for the purpose only of enabling P to determine what 30 is required of P by P’s duty to secure the fairness of the prosecution or b a disclosure to a relevant judge in a case in which the judge has ordered the disclosure to be made to the judge alone 2 A relevant judge may order a disclosure under sub-paragraph 1 b only if the judge considers that the exceptional circumstances of the case make 35 the disclosure essential in the interests of justice 3 Where in any criminal proceedings— a a relevant judge orders a disclosure under sub-paragraph 1 b and b in consequence of that disclosure the judge considers that there are exceptional circumstances requiring the judge to make a direction 40 under this sub-paragraph the judge may direct the person conducting the prosecution to make for the purposes of the proceedings any admission of fact which the judge considers essential in the interests of justice 4 But nothing in any direction under sub-paragraph 3 may authorise 45 or require anything to be done in contravention of section 53 1 5 In this paragraph “relevant judge” means— 218 Investigatory Powers Bill Schedule 3 — Exceptions to section 53 a any judge of the High Court or of the Crown Court or any Circuit judge b any judge of the High Court of Justiciary or any sheriff c in relation to proceedingsbefore the Court Martial the judge advocate for those proceedings or 5 d any person holding a judicial office that entitles the person to exercise the jurisdiction of a judge falling within paragraph a or b Disclosures to inquiries and inquests 22 1 Nothing in section 53 1 prohibits— a a disclosure to the panel of an inquiry held under the Inquiries Act 10 2005 or b a disclosure to a person appointed as legal adviser to such an inquiry where in the course of the inquiry the panel has ordered the disclosure to be made to the panel alone or as the case may be to the panel and any person appointed as legal adviser to the inquiry 15 2 The panel of an inquiry may order a disclosure under sub-paragraph 1 only if it considers that the exceptional circumstances of the case make the disclosure essential to enable the inquiry to fulfil its terms of reference 3 Any reference in this paragraph to a person appointed as legal adviser to an inquiry is a reference to a person appointed as solicitor or counsel to the 20 inquiry 23 1 Section 53 1 does not apply in relation to any restricted proceedings of an inquiry held under the Inquiries Act 2005 2 Proceedings of an inquiry held under that Act are “restricted proceedings” for the purposes of this paragraph if any restrictions imposed under section 25 19 of that Act on attendance at the inquiry are in force in relation to the proceedings 3 But sub-paragraph 1 does not permit any disclosure which has not been made in accordance with paragraph 22 1 24 1 Nothing in section 53 1 prohibits— 30 a a disclosure to a person the “nominated person” nominated under paragraph 3 1 of Schedule 10 to the Coroners and Justice Act 2009 investigation by judge or former judge to conduct an investigation into a person’s death or b a disclosure to a person appointed as legal adviser to an inquest 35 forming part of an investigation conducted by the nominated person where in the course of the investigation the nominated person has ordered the disclosure to be made to the nominated person alone or as the case may be to the nominated person and any person appointed as legal adviser to the inquest 40 2 The nominated person may order a disclosure under sub-paragraph 1 only if the person considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice 3 In a case where a person who is not a nominated person is or has been conducting an investigation under Part 1 of the Coroners and Justice Act 45 2009 into a person’s death nothing in section 53 1 prohibits— 219 Investigatory Powers Bill Schedule 3 — Exceptions to section 53 a a disclosure to the person that there is intercepted material in existence which is or may be relevant to the investigation b a disclosure to a person appointed as legal adviser to an inquest forming part of the investigation which is made for the purposes of determining— 5 i whether any intercepted material is or may be relevant to the investigation and ii if so whether it is necessary for the material to be disclosed to the person conducting the investigation 4 Any reference in this paragraph to a person appointed as legal adviser 10 to an inquest is a reference to a person appointed as solicitor or counsel to the inquest SCHEDULE 4 Section 67 1 RELEVANT PUBLIC AUTHORITIES AND DESIGNATED SENIOR OFFICERS PART 1 15 TABLE OF AUTHORITIES AND OFFICERS Table 1 Relevant public authority 2 3 4 DSO minimum office rank orType of communications Paragraphs of position data that may be obtainedsection 58 7 by DSO specified for DSO Police force maintained underInspector section 2 of the Police Act 1996 Metropolitan police force City of London police force Police Service of Scotland Police Service of Northern Ireland Entity data a b c d e g and i Superintendent All a b c d e g and i Inspector Entity data a b c d e g and i Superintendent All a b c d e g and i Inspector Entity data a b c d e g and i Superintendent All a b c d e g and i Inspector Entity data a b c d e g and i Superintendent All a b c d e g and i Inspector Entity data a b c d e g and i Superintendent All a b c d e g and i 20 25 30 35 40 220 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers Part 1 — Table of authorities and officers 1 Relevant public authority 2 3 4 DSO minimum office rank orType of communications Paragraphs of position data that may be obtainedsection 58 7 by DSO specified for DSO British Transport Police Force Inspector Ministry of Defence Police Royal Navy Police Royal Military Police Royal Air Force Police Security Service Entity data a b c d e g and i Superintendent All a b c d e g and i Inspector Entity data a b c and g Superintendent All a b c and g Lieutenant Commander Entity data a b c and g Commander All a b c and g Major Entity data a b c and g Lieutenant Colonel All a b c and g Squadron Leader Entity data a b c and g Wing Commander All a b c and g General Duties 4 or any otherEntity data level 4 officer a b and c General Duties 3 or any otherAll level 3 officer a b and c Secret Intelligence Service Grade 6 All a b and c GCHQ GC8 All a b and c Ministry of Defence Member of the Senior Civil Service or equivalent All a Grade 7 in the Fraud DefenceAll Unit b Grade 7 in the Medicines and All Healthcare Products Regulatory Agency b d and e Grade 7 in the Anti-Fraud Unit b Department of Health All 5 10 15 20 25 30 35 221 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers Part 1 — Table of authorities and officers 1 Relevant public authority Home Office Ministry of Justice National Crime Agency Her Majesty’s Revenue and Customs Department for Transport 2 3 4 DSO minimum office rank orType of communications Paragraphs of position data that may be obtainedsection 58 7 by DSO specified for DSO Immigration inspector or All equivalent with responsibility for investigations or other functions relating to immigration and border security b Immigration inspector or All equivalent with responsibility for anti-corruption in relation to investigations or other functions relating to immigration and border security b Immigration inspector or All equivalent with responsibility for asylum fraud investigations b Immigration inspector or All equivalent with responsibility for security and intelligence in the immigration detention estate b d and i Manager in the security Entity data group of the National Offender Management Service responsible for intelligence b and d Senior manager in the All security group of the National Offender Management Service responsible for intelligence b and d Grade 3 Entity data b g and i Grade 2 All b g and i Higher officer Entity data b and f Senior officer All b and f 5 10 15 20 25 30 35 Enforcement Officer in Entity data Maritime and Coastguard Agency b and d Head of Enforcement in All Maritime and Coastguard Agency b and d Maritime Operations All Commander grade 7 in the Maritime and Coastguard Agency g Principal Inspector in the Air All Accident Investigation Branch the Marine Accident InvestigationBranch or the Rail Accident Investigation Branch d 40 45 50 55 222 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers Part 1 — Table of authorities and officers 1 Relevant public authority Department for Work and Pensions An ambulance trust England in 2 3 4 DSO minimum office rank orType of communications Paragraphs of position data that may be obtainedsection 58 7 by DSO specified for DSO Senior Executive Officer in Fraud and Error Services All b Senior Executive Officer in All the Child Maintenance Group Central Legal Services b Duty Manager of Ambulance All Trust Control Rooms g Common Services Agency forHead of the Scottish Health Service Services Counter Fraud All b Competition and Authority Markets Member of the Senior Civil All Service with responsibility for cartels and criminal enforcement b Criminal Cases Commission Review Investigations Adviser All h All b Department for the Economy Deputy chief inspector in in Northern Ireland trading standards services Department of Justice in Northern Ireland Governor 4 in the NorthernAll Ireland Prison Service All b and j A fire and rescue authority under the Fire and Rescue Services Act 2004 Watch Manager Control All g Food Standards Agency Grade 6 All b Food Standards Scotland Head of the Scottish Food Crime and Incidents Unit All b Gambling Commission Senior manager All b Gangmasters and Abuse Authority Head of operations All b Health and Safety Executive Band 1 inspector All b d and e Independent Police Complaints Commission Deputy Chair or Director All b and i Information Commissioner Group Manager Entity data b Head of enforcementor an equivalent grade All b National Health Service Senior manager of pay bandAll Business Services Authority 8b in the Counter Fraud and Security Management Services Division b Northern Ireland AmbulanceWatch Manager Control Service Health and Social Care Trust All g Northern Ireland Fire and Rescue Service Board All g All b Watch Manager Control Northern Ireland Health andAssistant Director Counter Social Care Regional BusinessFraud and Probity Services Services Organisation 10 15 20 b d and i Financial Conduct Authority Head of departmentin the Enforcement and Market Oversight Division Labour 5 25 30 35 40 45 50 223 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers Part 1 — Table of authorities and officers 1 Relevant public authority 2 3 4 DSO minimum office rank orType of communications Paragraphs of position data that may be obtainedsection 58 7 by DSO specified for DSO Office of Communications Senior associate All b Office of the Police Ombudsman for Northern Ireland Senior investigating officer All b Police Investigations and Review Commissioner Commissioner or Director ofAll Investigations b and i Scottish Ambulance Service Watch Manager Control Board All g Scottish Criminal Cases Review Commission Investigations Adviser All h Serious Fraud Office Grade 6 All b All g Welsh Ambulance Services Watch Manager Control National Health Service Trust 5 10 15 PART 2 I NTERPRETATION OF TABLE 1 In the table in Part 1 of this Schedule— 20 “ambulance trust in England” means— a an NHS trust all or most of whose hospitals establishments and facilities are in England and which provides ambulance services or b an NHS foundation trust which provides such services 25 “entity data” means any communications data which is entity data SCHEDULE 5 Section 80 5 TRANSFER AND AGENCY ARRANGEMENTS WITH PUBLIC AUTHORITIES FURTHER PROVISIONS Particular safeguards in connection with operation of section 66 1 30 1 The following provisions apply where the functions of the Secretary of State under section 64 are exercisableby a public authority by virtue of regulations under section 80 1 2 The measures adopted or arrangements made by the public authority for the purpose of complying with the requirements of section 66 must be such 35as are approved by the Secretary of State 3 Any report required by section 66 6 b or 8 must be made to the Secretary of State as well as to the Investigatory Powers Commissioner 224 Investigatory Powers Bill Schedule 5 — Transfer and agency arrangements with public authorities further provisions Requirement for public authority to provide reports to Secretary of State 2 1 A public authority when exercising functions by virtue of regulations under section 80 1 must at least once in each calendar year make a report to the Secretary of State on— a the discharge of the functions and 5 b such other matters as the Secretary of State may by regulations require 2 Regulations under section 80 1 may in particular modify sub-paragraph 1 as it has effect in relation to the calendar year in which the regulations come into force or are revoked 10 3 The Secretary of State may agree to a report under this paragraph being combined with any other report which the public authority concerned is required to or may make to the Secretary of State Transfer schemes in connection with transfer of functions 3 1 The Secretary of State may in connection with regulations under15 section 80 1 make a scheme for the transfer of property rights or liabilities 2 The things that may be transferred under a transfer scheme include— a property rights and liabilities which could not otherwise be transferred b property acquired and rights and liabilities arising after the making 20 of the scheme 3 A transfer scheme may make consequential supplementary incidental transitional transitory or saving provision and may in particular— a create rights or impose liabilities in relation to property or rights transferred 25 b make provision about the continuing effect of things done by on behalf of or in relation to the transferor in respect of anything transferred c make provision about the continuation of things including legal proceedings in the process of being done by on behalf of30 or in relation to the transferor in respect of anything transferred d make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee e make provision for the shared ownership or use of property 35 f if the TUPE regulations do not apply in relation to the transfer make provision which is the same or similar 4 A transfer scheme may provide— a for modification by agreement b for modifications to have effect from the date when the original 40 scheme came into effect 5 A transfer scheme may confer a discretion on the Secretary of State to pay compensation to any person whose interests are adversely affected by the scheme Investigatory Powers Bill 225 Schedule 5 — Transfer and agency arrangements with public authorities further provisions 6 A transfer scheme may be included in regulations under section 80 1 but if not so included must be laid before Parliament after being made 7 For the purposes of this paragraph references to rights and liabilities include references to— a rights and liabilities relating to a contract of employment and 5 b rights and liabilities of the Crown relating to the terms of employment of individuals in the civil service 8 Accordingly a transfer scheme may in particular provide— a for— i an individual employed in the civil service to become10an employee of the transferee or ii an employee of the transferor to become an employee of the transferee or an individual employed in the civil service b for— i the individual’s terms of employment in the civil service to 15 have effect subject to any necessary modifications as the terms of the individual’s contract of employment with the transferee or ii as the case may be the individual’s contract of employment to have effect subject to any necessary modifications as20 the terms of the individual’s contract of employment with the transferee or where the transferee is the Secretary of State the individual’s terms of employment with the civil service c for the transfer of rights and liabilities of the Crown or another public authority under or in connection with the individual’s terms25 of employment 9 In this paragraph— “civil service” means the civil service of the State “TUPE regulations” means the Transfer of Undertakings Protection of Employment Regulations 2006 S I 2006 246 30 and references to the transfer of property include the grant of a lease Tax in connection with transfer schemes 4 1 The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to— a anything transferred under a transfer scheme or 35 b anything done for the purposes of or in relation to a transfer under a transfer scheme 2 The provision which may be made under sub-paragraph 1 a includes in particular provision for— a a tax provision not to apply or to apply with modifications 40in relation to anything transferred b anything transferred to be treated in a specified way for the purposes of a tax provision c the Secretary of State to be required or permitted to determine or specify the method for determining anything which needs to 45 be determined for the purposes of any tax provision so far as relating to anything transferred 226 Investigatory Powers Bill Schedule 5 — Transfer and agency arrangements with public authorities further provisions 3 The provision which may be made under sub-paragraph 1 b includes in particular provision for— a a tax provision not to apply or to apply with modifications in relation to anything done for the purposes of or in relation to the transfer 5 b anything done for the purposes of or in relation to the transfer to have or not have a specified consequence or be treated in a specified way c the Secretary of State to be required or permitted to determine or specify the method for determining anything which needs to 10 be determined for the purposes of any tax provision so far as relating to anything done for the purposes of or in relation to the transfer 4 In this paragraph— “relevant tax” means income tax corporation tax capital gains tax stamp duty stamp duty reserve tax or stamp duty land tax 15 “tax provision” means any provision— a about a relevant tax and b made by an enactment “transfer scheme” means a transfer scheme under paragraph 3 and references to the transfer of property include the grant of a lease 20 Supplementary and other general provision 5 The power to make regulations under section 80 1 includes in particular power to— a modify any enactment about a public authority for the purpose of enabling or otherwise facilitating any function under sections 6425 to 66 to be exercisable by the public authority b impose requirements or confer other functions on a public authority in connection with functions transferred by the regulations 6 The power to make regulations under— a section 80 or 30 b paragraph 4 above including that power as extended whether by section 242 1 or otherwise may in particular be exercised by modifying any enactment including this Act 227 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 101 etc table Part 1 — Table Part 1 SCHEDULE 6 Section 101 I SSUE OF WARRANTS UNDER SECTION 101ETC TABLE PART 1 TABLE PART 1 Law enforcement chiefs Appropriate delegates The Chief Constable of police force maintained under section 2 of the Police Act 1996 Appropriate law enforcement officers 5 The a person who is the A member of the police appropriate deputy chiefforce a member of a constable for the purposes collaborativeforce or a of section 12A 1 of the National Crime Agency 10 Police Act 1996 officer who is included in a collaboration agreement The person holding the with the police force rank of assistant chief constable designated to 15 act under section 12A 2 of that Act If it is not reasonably practicablefor either of those persons to act any other person holding the rank of assistant chief constable in the force 20 The Commissioner or an A person holding the rankA member of the Assistant Commissioner of commander in the metropolitan police force 25 of the metropolitan policemetropolitan police force a member of a force collaborativeforce or a National Crime Agency officer who is included in a collaboration agreement 30 with the metropolitan police force The Commissioner of Police for the City of London The person authorised to A member of the City of act under section 25 of the London police force a City of London Police Act member of a collaborative 35 1839 or if it is not force or a National Crime reasonably practicable forAgency officer who is that person to act a included in a person holding the rankcollaboration agreement of commander in the Citywith the City of London 40 of London police force police force 228 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 101 etc table Part 1 — Table Part 1 Law enforcement chiefs Appropriate delegates Appropriate law enforcement officers The chief constable of theAny deputy chief A constable of the Police Police Service of Scotland constable or assistant Service of Scotland chief constable of the Police Service of Scotland who is designated for the purpose by the chief constable The Chief Constable or Deputy Chief Constable of the Police Service of Northern Ireland Aa person holding the rankA member of the Police of assistant chief Service of Northern constable in the Police Ireland Service of Northern Ireland 5 10 The Director General of A senior National CrimeA National Crime Agency 15 the National Crime Agency Officer officer or a member of a Agency designated for the collaborative police force purpose by the Director General of the National Crime Agency 20 The Chief Constable of A person holding the rankA member of the British the British Transport of deputy or assistant Transport Police Force Police Force chief constable in the British Transport Police Force 25 The Chief Constable of A person holding the rankA member of the Ministry the Ministry of Defence of deputy chief constable of Defence Police Police or assistant chief constable in the Ministry of Defence Police The Provost Marshal of the Royal Navy Police 30 A person holding the A memberof the Royal position of deputy Navy Police Provost Marshal in the Royal Navy Police The Provost Marshal of A person holding the A memberof the Royal the Royal Military Police position of deputy Military Police Provost Marshal in the Royal Military Police The Provost Marshal of A person holding the A memberof the Royal the Royal Air Force position of deputy Air Force Police Police Provost Marshal in the Royal Air Force Police 35 40 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 101 etc table Part 2 — Table Part 2 229 PART 2 TABLE PART 2 Law enforcement chiefs Appropriate delegates Appropriate law enforcement officers An immigration officer A senior official in the An immigration officer who is a senior official department of the and who is designated forSecretary of State by the purpose by the whom functions relating Secretary of State to immigration are exercisable who is designated for the purpose by the Secretary of State An officer of Revenue andAn officer of Revenue andAn officer of Revenue and Customs who is a senior Customs who is a senior Customs official and who is official and who is designated for the designated for the purpose by the purpose by the Commissioners for Her Commissioners for Her Majesty’s Revenue and Majesty’s Revenue and Customs Customs A designated customs A designated customs A designated customs official who is a senior official who is a senior official official and who is official and who is designated for the designated for the purpose by the Secretary purpose by the Secretary of State of State The Chair of the An officer of the An officer of the Competition and Markets Competition and Markets Competition and Markets Authority Authority designatedby Authority it for the purpose 5 10 15 20 25 30 The chairman or a A member other than theA person designated deputy chairman of the chair or a deputy under paragraph 19 2 of Independent Police chairman of the Schedule 3 to the Police Complaints Commission Independent Police Reform Act 2002 to take 35 Complaints Commission charge of or to assist who is designated by the with the investigation to chairman for the purpose which the warrant under section 101 1 relates or would relate if issued 40 The Police InvestigationsA staff officer of the PoliceA staff officer of the Police and Review Investigations and Investigations and Commissioner Review Commissioner Review Commissioner who is designated by the Commissioner for the purpose 45 230 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 101 etc table Part 3 — Interpretation of the table PART 3 I NTERPRETATION OF THE TABLE 1 1 This paragraph applies for the purposes of the first three entries in Part 1 of the table 2 A police force police force 1 is a collaborative force in relation to another 5 police force police force 2 if— a the chief officers of both police forces are parties to the same agreement under section 22A of the Police Act 1996 and b the members of police force 1 are permitted by the terms of the agreement to make applications under section 101 to the chief officer 10 of police force 2 3 A National Crime Agency officer is included in a collaboration agreement with a police force if— a the Director General of the National Crime Agency and the chief officer of the police force are parties to the same agreement under 15 section 22A of the Police Act 1996 and b the National Crime Agency officer is permitted by the terms of the agreement to make applications under section 101 to the chief officer of the police force 2 1 This paragraph applies for the purposes of the sixth entry in Part 1 of the 20 table which relates to the National Crime Agency 2 A police force is a collaborative police force in relation to the National Crime Agency if— a the chief officer of the police force and the Director General of the National Crime Agency are parties to the same agreement 25 under section 22A of the Police Act 1996 and b the members of the police force are permitted by the terms of the agreement to make applications under section 101 to the Director General of the National Crime Agency 3 For the purpose of the sixth entry in Part 2 of the table the reference to 30a staff officer of the Police Investigations and Review Commissioner is a reference to any person who— a is a member of the Commissioner’s staff appointed under paragraph 7A of schedule 4 to the Police Public Order and Criminal Justice Scotland Act 2006 asp 10 or 35 b is a member of the Commissioner’s staff appointed under paragraph 7 of that schedule to whom paragraph 7B 2 of that schedule applies 4 In this Schedule “police force” means— a any police force maintained under section 2 of the Police Act 1996 b the metropolitan police force 40 c the City of London police force 231 Investigatory Powers Bill Schedule 7 — Codes of practice SCHEDULE 7 Section 219 CODES OF PRACTICE Scope of codes 1 1 The Secretary of State must issue one or more codes of practice about the exercise of functions conferred by virtue of this Act 5 2 Sub-paragraph 1 does not apply in relation to— a any functions conferred by virtue of this Act on— i the Investigatory Powers Commissioner or any other Judicial Commissioner ii the Information Commissioner 10 iii the Investigatory Powers Tribunal iv any other court or tribunal or v the Technical Advisory Board b any function to make subordinate legislation which is conferred by virtue of this Act on the Secretary of State or the Treasury 15 3 A code may in particular contain provision about the training of people who may exercise functions in relation to which sub-paragraph 1 applies 2 1 Each code must include— a provision designed to protect the public interest in the confidentiality of sources of journalistic information and 20 b provision about particular considerations applicable to any data which relates to a member of a profession which routinely holds items subject to legal privilege or relevant confidential information 2 In this paragraph— “relevant confidential information” means information which is held 25in confidence by a member of a profession and consists of— a personal records or journalistic material which are or would be if heldin England andWales excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984 or 30 b communications between Members of Parliament and their constituents and the references in this paragraph to a member of a profession include references to any person actingin the course of any trade business profession or other occupation or for the purposes of any paid or unpaid 35 office 3 1 A code about the exercise of functions conferred by virtue of Part 3 must contain provision about communications data held by public authorities by virtue of that Part 2 Such a b c d provision must in particular include provision about— 40 why how and where the data is held who may access the data on behalf of the authority to whom and under what conditions the data may be disclosed the processing of the data for purposes otherwise than in connection with the purposes for which it was obtained or retained 45 232 Investigatory Powers Bill Schedule 7 — Codes of practice e the processing of the data together with other data f the processes for determining how long the data should be held and for the destruction of the data Procedural requirements 4 1 Before issuing a code the Secretary of State must— a prepare and publish a draft of the code and b consider any representations made about it and may modify the draft 5 2 The Secretary of State must in particular consult the Investigatory Powers Commissioner and in the case of a code relating to the exercise of functions 10 conferred by virtue of Part 4 the Information Commissioner 3 A code comes into force in accordance with regulations made by the Secretary of State 4 A statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution 15 of each House of Parliament 5 When a draft instrument is laid the code to which it relates must also be laid 6 No draft instrument may be laid until the consultation required by subparagraphs 1 and 2 has taken place Revision of codes 5 20 1 The Secretary of State may from time to time revise the whole or part of a code 2 Before issuing any revision of a code the Secretary of State must— a prepare and publish a draft and b consider any representations made about it and may modify the draft 25 3 The Secretary of State must in particular consult the Investigatory Powers Commissioner and in the case of a code relating to the exercise of functions conferred by virtue of Part 4 the Information Commissioner 4 A revision of a code comes into force in accordance with regulations made 30 by the Secretary of State 5 A statutory instrument containing such regulations must be laid before Parliament if the regulations have been made without a draft having been laid before and approved by a resolution of each House of Parliament 6 When an instrument or draft instrument is laid the revision of a code to 35 which it relates must also be laid 7 No instrument or draft instrument may be laid until the consultation required by sub-paragraphs 2 and 3 has taken place Effect of codes 6 1 A person must have regard to a code when exercising any functions to 40 which the code relates 233 Investigatory Powers Bill Schedule 7 — Codes of practice 2 A failure on the part of a person to comply with any provision of a code does not of itself make that person liable to criminal or civil proceedings 3 A code is admissible in evidence in any such proceedings 4 A court or tribunal may in particular take into account a failure by a person to have regard to a code in determining a question in any such proceedings 5 5 A supervisory authority exercising functions by virtue of this Act may take into account a failure by a person to have regard to a code in determining a question which arises in connection with the exercise of those functions 6 In this paragraph “supervisory authority” means— a the InvestigatoryPowers Commissioneror any other Judicial Commissioner b the Information Commissioner or c the Investigatory Powers Tribunal SCHEDULE 8 COMBINATION OF WARRANTS AND AUTHORISATIONS 10 Section 224 15 PART 1 COMBINATIONS WITH TARGETED INTERCEPTION WARRANTS Warrants that may be issued by Secretary of State 1 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a warrant that combines a 20 targeted interception warrant which the Secretary of State has power to issue under section 19 1 with one or more of the following— a a targeted examination warrant which the Secretary of State has power to issue under section 19 2 b a targeted equipment interference warrant which the Secretary 25 of State has power to issue under section 97 1 c a targeted examination warrant which the Secretary of State has power to issue under section 97 3 d a warrant which the Secretary of State has power to issue under section 5 of the Intelligence Services Act 1994 warrants for entry 30or interference with property or wireless telegraphy e an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance f an authorisation under section 32 of that Act authorisation of intrusive surveillance 35 2 The Secretary of State may on an application made by or on behalf of the Chief of Defence Intelligence issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19 1 with one or more of the following— a a targeted equipment interference warrant which the Secretary 40 of State has power to issue under section 99 234 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 1 — Combinations with targeted interception warrants b an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance c an authorisation under section 32 of that Act authorisation of intrusive surveillance 3 1 The Secretary of State may on an application made by or on behalf 5 of a relevant intercepting authority issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19 1 with one or more of the following— a a targeted equipment interference warrant which a law enforcement chief has power to issue under section 101 10 b an authorisation under section 93 of the Police Act 1997 authorisations to interfere with property c an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance d an authorisation under section 32 of that Act authorisation15 of intrusive surveillance 2 For the purposes of sub-paragraph 1 each of the following is a “relevant intercepting authority”— a the Director General of the National Crime Agency b the Commissioner of Police of the Metropolis 20 c the Chief Constable of the Police Service of Northern Ireland d the chief constable of the Police Service of Scotland e the Commissioners for Her Majesty’s Revenue and Customs Warrants that may be issued by Scottish Ministers 4 The Scottish Ministers may on an application made by or on behalf of the 25 head of an intelligence service issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21 1 with one or more of the following— a a targeted examination warrant which the Scottish Ministers have power to issue under section 21 2 30 b a targeted equipment interferencewarrant which the Scottish Ministers have power to issue under section 98 1 c a targeted examination warrant which the Scottish Ministers have power to issue under section 98 2 d a warrant which the Scottish Ministers have power to issue under 35 section 5 of the Intelligence Services Act 1994 warrants for entry or interference with property or wireless telegraphy 5 The Scottish Ministers may on an application made by or on behalf of the chief constable of the Police Service of Scotland issue a warrant that combines a targeted interception warrant which the Scottish Ministers 40 have power to issue under section 21 1 with one or more of the following— a a targeted equipment interference warrant which a law enforcement chief has power to issue under section 101 b an authorisation under section 93 of the Police Act 1997 authorisations to interfere with property 45 c an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 1 — Combinations with targeted interception warrants 235 d an authorisation under section 32 of that Act authorisation of intrusive surveillance 6 The Scottish Ministers may on an application made by or on behalf of the chief constable of the Police Service of Scotland issue a warrant that combines a targeted interception warrant which the Scottish Ministers have 5 power to issue under section 21 1 with one or more of the following— a a targeted equipment interference warrant which a law enforcement chief has power to issue under section 101 b an authorisation under section 93 of the Police Act 1997 authorisations to interfere with property 10 c an authorisation under section 6 of the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 authorisation of directed surveillance d an authorisation under section 10 of that Act authorisation of intrusive surveillance 15 7 1 The Scottish Ministers may on an application made by or on behalf of a relevant intercepting authority issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21 1 with one or more of the following— a a targeted equipment interference warrant which a law enforcement 20 chief has power to issue under section 101 b an authorisation under section 93 of the Police Act 1997 authorisations to interfere with property 2 For the purposes of sub-paragraph 1 each of the following is a “relevant intercepting authority”— 25 a the Director General of the National Crime Agency b the Commissioner of Police of the Metropolis c the Chief Constable of the Police Service of Northern Ireland d the Commissioners for Her Majesty’s Revenue and Customs PART 2 30 OTHER COMBINATIONS INVOLVING TARGETED EQUIPMENT INTERFERENCE WARRANTS Warrants that may be issued by Secretary of State 8 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a warrant that combines a targeted equipment interference warrant which the Secretary of State has power 35to issue under section 97 1 with one or more of the following— a a targeted examination warrant which the Secretary of State has power to issue under section 97 3 b a targeted examination warrant which the Secretary of State has power to issue under section 19 2 40 c a warrant which the Secretary of State has power to issue under section 5 of the Intelligence Services Act 1994 warrants for entry or interference with property or wireless telegraphy d an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance 45 e an authorisation under section 32 of that Act authorisation of intrusive surveillance 236 9 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 2 — Other combinations involving targeted equipment interference warrants The Secretary of State may on an application made by or on behalf of the Chief of Defence Intelligence issue a warrant that combines a targeted equipment interference warrant which the Secretary of State has power to issue under section 99 with one or more of the following— a an authorisation under section 28 of the Regulation of Investigatory 5 Powers Act 2000 authorisation of directed surveillance b an authorisation under section 32 of that Act authorisation of intrusive surveillance Warrants that may be issued by Scottish Ministers 10 The Scottish Ministers may on an application made by or on behalf of the 10 head of an intelligence service issue a warrant that combines a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 98 1 with one or more of the following— a a targeted examination warrant which the Scottish Ministers have power to issue under section 98 2 15 b a targeted examination warrant which the Scottish Ministers have power to issue under section 21 2 c a warrant which the Scottish Ministers have power to issue under section 5 of the Intelligence Services Act 1994 warrants for entry or interference with property or wireless telegraphy 20 Warrants that may be issued by other persons 11 1 A law enforcement chief may on an application made by a person who is an appropriate law enforcement officer in relation to the chief issue a warrant that combines a targeted equipment interference warrant which the law enforcement chief has power to issue under section 101 with one or more 25 of the following— a an authorisation under section 93 of the Police Act 1997 authorisations to interfere with property b an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance 30 c an authorisation under section 32 of that Act authorisation of intrusive surveillance 2 For the purposes of this paragraph references to a “law enforcement chief” and an “appropriate law enforcement officer” are to be read in accordance with section 101 4 35 12 1 A law enforcement chief within sub-paragraph 2 may on an application made by a person who is an appropriate law enforcement officer in relation to the chief issue a warrant that combines a targeted equipment interference warrant which the law enforcement chief has power to issue under section 101 with one or more of the following— 40 a an authorisation under section 93 of the Police Act 1997 authorisations to interfere with property b an authorisation under section 6 of the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 authorisation of directed surveillance 45 c an authorisation under section 10 of that Act authorisation of intrusive surveillance Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 2 — Other combinations involving targeted equipment interference warrants 237 2 The law enforcement chiefs mentioned in sub-paragraph 1 are— a the chief constable of the Police Service of Scotland and b the Police Investigations and Review Commissioner 3 For the purposes of this paragraph references to a “law enforcement chief” and an “appropriate law enforcement officer” are to be read in accordance 5 with section 101 5 PART 3 COMBINATIONS INVOLVING TARGETED EXAMINATION WARRANTS ONLY 13 The Secretary of State may on an application made by or on behalf of the head of an intelligence service issue a warrant that combines— 10 a a targeted examination warrant which the Secretary of State has power to issue under section 19 2 with b a targeted examination warrant which the Secretary of State has power to issue under section 97 3 14 The Scottish Ministers may on an application made by or on behalf of the 15 head of an intelligence service issue a warrant that combines— a a targeted examination warrant which the Scottish Ministers have power to issue under section 21 2 with b a targeted examination warrant which the Scottish Ministers have power to issue under section 98 2 20 PART 4 COMBINED WARRANTS SUPPLEMENTARY PROVISION Introductory 15 In this Part of this Schedule “combined warrant” means a warrant issued under any of Parts 1 to 3 of this Schedule 25 General 16 1 Where Part 1 2 or 3 of this Schedule provides for a person to have power on an application made by or on behalf of any person “the applicant” to issue a combined warrant that includes any warrant or other authorisation the person may issue a combined warrant containing that warrant or 30 authorisation whether or not that person would have power on an application made by or on behalf of the applicant to issue that warrant or to give that authorisation as a single instrument 2 Where Part 1 2 or 3 of this Schedule provides for a person to have power to apply for a combined warrant the person may apply for a combined 35 warrant containing any warrant or other authorisation that may be included in it provided that— a the person could apply for that warrant or authorisation as a single instrument or b the organisation on whose behalf the person is acting or another 40 person who is a member of staff or an officer of the organisation or who is otherwise acting on its behalf could apply for that warrant or authorisation as a single instrument 238 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision 17 1 A combined warrant must be addressed to the person by whom or on whose behalf the application for the combined warrant was made 2 Any reference in this Act to the person to whom a warrant is or was addressed is to be read in the case of a combined warrant containing such a warrant as a reference to the person to whom the combined warrant is 5or was addressed 18 A combined warrant must contain a provision stating which warrants or other authorisations are included in the combined warrant 19 Any reference in any enactment to a warrant or other authorisation of a particular description issued or given under any enactment includes in10 the case of a combined warrant containing a warrant or authorisation of that description a reference to so much of the combined warrant as consists of such a warrant or authorisation This is subject to any provision made by or under the following provisions of this Schedule 15 Rules about issue etc applying separately in relation to each part of a combined warrant 20 1 The law about the following matters so far as relating to a warrant or other authorisation that may be included in a combined warrant applies in relation to so much of a combined warrant as consists of such a warrant or authorisation— 20 a the duties imposed by section 2 generalduties in relation to privacy b any conditions that must be met before such a warrant or authorisation may be issued or given c the grounds on which such a warrant or authorisation may be issued 25 or given d the conduct that may be authorised by such a warrant or authorisation e any requirements as to what must be included in such a warrant or authorisation 30 f any conditions that must be met before such a warrant or authorisation may be renewed and the grounds on which it may be renewed g any conditions that must be met before such a warrant or authorisation may be modified 35 h the grounds on which such a warrant or authorisation may be modified and the procedural rules that apply to such a modification i the circumstances in which such a warrant or authorisation may or must be cancelled 2 In sub-paragraph 1 g “procedural rules” in relation to the modification 40 of a warrant or other authorisation means the law about any of the following matters— a the involvement of Judicial Commissioners in decisions b the delegation of decisions c the signing of instruments making a modification 45 d urgent cases 3 Sub-paragraph 1 is subject to paragraphs 21 to 26 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision 239 Rules about issue etc applying in relation to combined warrants 21 1 A combined warrant under Part 1 of this Schedule addressed to any person may only be issued renewed or cancelled in accordance with the procedural rules that would apply to the issue renewal or cancellation of a targeted interception warrant addressed to that person see Chapter 1 of Part 2 of 5 this Act 2 In sub-paragraph 1 “procedural rules” in relation to a warrant means the law about any of the following matters— a the involvement of Judicial Commissioners in decisions b the delegation of decisions 10 c the signing of warrants d urgent cases 3 But if a combined warrant under paragraph 1 or 4 includes a warrant which the person issuing the combined warrant has power to issue under section 5 of the Intelligence Services Act 1994 a “section 5 warrant” any requirement 15 arising from sub-paragraph 1 above for the involvement of Judicial Commissioners in the decision whether to issue or renew the combined warrant does not apply in relation to the part of the combined warrant consisting of the section 5 warrant 22 1 A combined warrant under Part 2 of this Schedule addressed to any person 20 may only be issued renewed or cancelled in accordance with the procedural rules that would apply to the issue renewal or cancellation of a targeted equipment interference warrant addressed to that person see Part 5 of this Act 2 In sub-paragraph 1 “proceduralrules” has the same meaning as in paragraph 21 1 25 3 But if a combined warrant under paragraph 8 or 10 includes a warrant which the person issuing the combined warrant has power to issue under section 5 of the Intelligence Services Act 1994 a “section 5 warrant” any requirement arising from sub-paragraph 1 above for the involvement of Judicial 30 Commissioners in the decision whether to issue or renew the combined warrant does not apply in relation to the part of the combined warrant consisting of the section 5 warrant 23 1 A combined warrant under Part 3 of this Schedule addressed to any person may only be issued renewed or cancelled in accordance with the procedural 35 rules that would apply to the issue renewal or cancellation of a targeted examination warrant under section 19 2 addressed to that person see Chapter 1 of Part 2 of this Act 2 In sub-paragraph 1 “proceduralrules” has the same meaning as in paragraph 21 1 40 24 1 In consequence of paragraphs 21 and 22 the following provisions of the Police Act 1997 do not apply in relation to an authorisation under section 93 of that Act which is included in a combined warrant— a section 96 notification of authorisations to Judicial Commissioner b section 97 authorisations requiring approval 45 c section 103 1 2 and 4 power to quash or cancel authorisations d section 104 appeals to Investigatory Powers Commissioner 240 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision 2 Section 103 6 of that Act applies where a combined warrant containing an authorisation under section 93 of that Act is cancelled as it applies where such an authorisation is cancelled under section 103 4 of that Act 25 In consequence of paragraphs 21 and 22 the following provisions of the Regulation of Investigatory Powers Act 2000 do not apply in relation to an 5 authorisation under section 32 of that Act which is included in a combined warrant— a section 35 notification of authorisations to Judicial Commissioner b section 36 approval required for authorisations to take effect c section 37 2 to 4 power to quash or cancel authorisations 10 d section 38 appeals to Investigatory Powers Commissioner 26 In consequence of paragraphs 21 and 22 the following provisions of the Regulation of Investigatory Powers Scotland Act 2000 do not apply in relation to an authorisation under section 10 of that Act which is included in a combined warrant— 15 a section 13 notification of authorisations to Judicial Commissioner b section 14 approval required for authorisations to take effect c section 15 1 to 3 power to quash or cancel authorisations d section 16 appeals to Investigatory Powers Commissioner Modification of rules as to duration 20 27 1 Where a combined warrant includes warrants or authorisations which as single instruments would cease to have effect at the end of different periods the combined warrant is to cease to have effect at the end of the shortest of the periods unless renewed 2 But sub-paragraph 1 does not apply to a combined warrant which— 25 a includes an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance b is addressed to the head of an intelligence service and c is issued with the approval of a Judicial Commissioner 30 3 In such a case the combined warrant unless it is renewed is to cease to have effect at the end of the period of 6 months beginning with the day on which it is issued Special rules about the application of this Act to combined warrants 28 1 This paragraph applies where under section 24 3 a Judicial Commissioner 35 refuses to approve a decision to issue a combined warrant under Part 1 or 3 of this Schedule 2 Section 25 has effect in relation to the combined warrant as if— a any referencein subsection 3 of that section to a targeted interceptionwarrant or targeted examinationwarrant were a 40 reference to so much of the combined warrant as consisted of such a warrant and b any other reference in that section to a warrant were a reference to the combined warrant Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision 241 3 Where the combined warrant included a targeted equipment interference warrant or targeted examination warrant which the person who issued the combined warrant has power to issue under Part 5 of this Act section 105 has effect in relation to the combined warrant as if— a any reference in subsection 3 b or c of that section to a targeted 5 equipment interference warrant were a reference to so much of the combined warrant as consisted of such a warrant b any referencein subsection 4 of that section to a targeted examination warrant were a reference to so much of the combined warrant as consisted of such a warrant and 10 c any other reference in that section to a warrant were a reference to the combined warrant 29 Where under section 104 3 a Judicial Commissioner refuses to approve the decision to issue a combined warrant under Part 2 of this Schedule section 105 has effect in relation to the combined warrant as if— 15 a any reference in subsection 3 b or c of that section to a targeted equipment interference warrant were a reference to so much of the combined warrant as consisted of such a warrant b any referencein subsection 4 of that section to a targeted examination warrant were a reference to so much of the combined 20 warrant as consisted of such a warrant and c any other reference in that section to a warrant were a reference to the combined warrant 30 1 This paragraph applies to any provision in Part 2 or 5 of this Act that enables a person to whom a warrant is addressed to require the provision 25 of assistance in giving effect to the warrant 2 In the case of a combined warrant containing such a warrant the provision is to be read as enabling the person to whom the combined warrant is addressed to require the provision of assistance in giving effect to so much of the combined warrant as consists of such a warrant 30 3 Accordingly any power to serve a copy of a warrant for that purpose includes power in the case of such a combined warrant to serve the part of the combined warrant consisting of such a warrant 31 Any reference in section 53 exclusion of matters from legal proceedings to the making of an application for a warrant or the issue of a warrant under 35 Chapter 1 of Part 2 of this Act includes a reference to— a the making of an application for a combined warrant that includes a warrant under that Chapter so far as relating to disclosing or suggesting the inclusion of such a warrant or b the inclusion of a warrant under that Chapter in a combined warrant 40 32 1 The reference in section 55 6 to the provisions of Part 2 of this Act is to be read in the case of a combined warrant containing a targeted interception warrant or targeted examination warrant which the person who issued the combined warrant has power to issue under that Part as including a reference to this Schedule 45 2 The reference in section 125 4 to the provisions of Part 5 of this Act is to be read in the case of a combined warrant containing a targeted equipment interference warrant or targeted examination warrant which the person who 242 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision issued the combinedwarrant has power to issue under that Part as including a reference to this Schedule Power to make consequential amendments 33 The Secretary of State may by regulations make such provision modifying any provision made by or under an enactment including this Schedule 5as the Secretary of State considers appropriate in consequence of any provision made by this Schedule SCHEDULE 9 Section 245 1 TRANSITIONAL TRANSITORY AND SAVING PROVISION Lawful interception of communications 1 10 Any agreement which immediately before the day on which section 10 comes into force is designated for the purposes of section 1 4 of the Regulation of Investigatory Powers Act 2000 is to be treated on and after that day as designated as an international mutual assistance agreement by regulations under section 10 3 of this Act 15 Authorisations for obtaining communications data 2 The reference to the Gangmasters and Labour Abuse Authority in the table in Part 1 of Schedule 4 is to be read in relation to any time before the day on which section 10 1 of the Immigration Act 2016 renaming of Gangmasters Licensing Authority comes into force as a reference to the Gangmasters 20 Licensing Authority Retention of communications data 3 1 A retention notice under section 1 of the Data Retention and Investigatory Powers Act 2014 which is in force immediately before the commencement day is to be treated on or after that day as a retention notice under section 25 84 of this Act and Part 4 of this Act is to be read accordingly but as if section 86 1 to 11 were omitted 2 In particular— a anything which immediately before the commencement day is in the process of being done by virtue of or in relation to a retention 30 notice under section 1 of the Act of 2014 may be continued as if being done by virtue of or in relation to a retention notice under section 84 of this Act and b anything done by virtue of or in relation to a retention notice under section 1 of the Act of 2014 is if in force or effective immediately 35 before the commencement day to have effect as if done by virtue of or in relation to a retention notice under section 84 of this Act so far as that is required for continuing its effect on or after the commencement day 3 Sub-paragraphs 1 and 2 cease to apply in relation to any retention 40 notice under section 1 of the Act of 2014— Investigatory Powers Bill Schedule 9 — Transitional transitory and saving provision 243 a at the end of the period of six months beginning with the commencement day or b if earlier on the revocation in full of the notice 4 Section 225 applies in relation to costs incurred in complying with a retention notice under section 1 of the Act of 2014 which has continued5in force on or after the commencement day as it applies in relation to costs incurred in complying with retention notices under section 84 of this Act but as if section 225 7 were omitted 5 The Secretary of State may revoke whether wholly or in part a retention notice under section 1 of the Act of 2014 10 6 The fact that a retention notice under section 1 of the Act of 2014 has in relation to a particular description of data and a particular operator or description of operators ceased to have effect or been revoked does not prevent the giving of a retention notice under section 84 of this Act in relation to the same description of data and the same operator or 15 description of operators 7 In this paragraph “the commencement day” is the day on which section 1 1 of the Act of 2014 is repealed 4 1 The repeal of section 1 7 of the Data Retention and Investigatory Powers Act 2014 does not affect the continued operation during the transitional 20 period mentioned in sub-paragraph 2 of regulations made under section 1 7 of that Act 2 The transitional period mentioned in this sub-paragraph is the period of six months beginning with the day on which section 1 7 of the Act of 2014 is repealed 25 3 In their continued operation by virtue of sub-paragraph 1 the regulations made under section 1 7 of the Act of 2014 have effect subject to such modifications if any as may be specified in regulations under section 245 2 Definitions of “other relevant crime” and “serious crime” 5 30 1 The definitions of— a “other relevant crime” in section 59 6 and b “serious crime” in section 239 1 are to be read until the appointed day as if for the words “the age of 18 or in relation to Scotland or Northern Ireland 21 ” there were substituted 35 “the age of 21” 2 In sub-paragraph 1 “the appointed day” means the day on which the amendment made to section 81 3 a of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force 40 Savings for particular purposes 6 Nothing in this Act affects any power conferred on a postal operator by or under any enactment to open detain or delay any postal packet within the meaning given by section 125 1 of the Postal Services Act 2000 or to deliver any such packet to a person other than the person to whom it is addressed 45 244 Investigatory Powers Bill Schedule 9 — Transitional transitory and saving provision 7 Nothing in Part 4 of this Act prevents the retention of data for the purposes of or in connection with legal proceedings including proceedings which might arise in the future 8 The amendments made to the Regulation of Investigatory Powers Act 2000 by sections 3 to 6 of the Data Retention and Investigatory Powers Act 2014 5 and those sections continue to have effect despite section 8 3 of the Act of 2014 sunset provision for that Act until the provisions they amend and those sections are repealed by this Act in connection with the coming into force of provisions of this Act General saving for lawful conduct 9 10 Nothing in any of the provisions of this Act by virtue of which conduct of any description is or may be authorised by any warrant authorisation or notice or by virtue of which information may be obtained in any manner is to be read— a as making it unlawful to engage in any conduct of that description 15 which is not otherwise unlawful under this Act and would not be unlawful apart from this Act b as otherwise requiring— i the issue grant or giving of such a warrant authorisation or notice or 20 ii the taking of any step for or towards obtaining the authority of such a warrant authorisation or notice before any such conduct of that description is engaged in or c as prejudicing any power to obtain information by any means not involving conduct that may be authorised under this Act 25 SCHEDULE 10 Section 246 1 M INOR AND CONSEQUENTIAL PROVISION PART 1 GENERAL AMENDMENTS Police Act 1997 1 30 In section 93 1A of the Police Act 1997 authorisations to interfere with property etc after “this Part” insert “or the Investigatory Powers Act 2016” Northern Ireland Act 1998 2 In paragraph 9 1 of Schedule 3 to the Northern Ireland Act 1998 reserved matters for paragraph a substitute— 35 “ a the subject-matter of Parts 2 and 3 of the Regulation of Investigatory Powers Act 2000 so far as relating to the prevention or detection of crime within the meaning of that Act or the prevention of disorder aa the subject-matterof the following provisions of the 40 Investigatory Powers Act 2016 so far as relating to the Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 1 — General amendments 245 prevention or detectionof serious crime within the meaning of that Act — i sections 3 to 10 and Schedule 1 ii Part 2 and iii Chapter 1 of Part 6 5 ab the subject-matter of section 11 Parts 3 and 4 and Chapter 2 of Part 6 of the Investigatory Powers Act 2016 so far as relating to the prevention or detection of crime within the meaning of that Act or the prevention of disorder ac the subject-matter of section 12 of and Schedule 2 to the 10 Investigatory Powers Act 2016 so far as relating to the prevention or detection of crime within the meaning of that Act ” Regulation of Investigatory Powers Act 2000 3 The Regulation of Investigatory Powers Act 2000 is amended as follows 15 4 In section 27 4 a lawful surveillance etc conduct to be dealt with under other enactments after “Act” insert “or the Investigatory Powers Act 2016” 5 1 Section 71 issue and revision of codes of practice is amended as follows 2 In subsection 2 a for “Parts I to III” substitute “Parts 2 and 3” 3 Omit subsection 2A 20 4 In subsection 8 for “ 2A ” substitute “ 3 ” 6 1 Section 81 1 general definitions is amended as follows 2 For the definition of “apparatus” substitute— ““apparatus” has the same meaning as in the Investigatory Powers Act 2016 see section 239 1 of that Act ” 25 3 For the definition of “communication” substitute— ““communication” has the same meaning as in the Investigatory Powers Act 2016 see sections 237 2 and 238 2 of that Act ” 4 In the definition of “interception” and cognate expressions for “section30 2” substitute “sections 4 and 5 of the Investigatory Powers Act 2016” 5 For the definitions of “postal service” and “public postal service” substitute— ““postal service” has the same meaning as in the Investigatory Powers Act 2016 see section 238 7 of that Act ” 35 6 Omit the definitions of “private telecommunicationsystem” “public telecommunications service” and “public telecommunication system” 7 In the definitions of “telecommunication system” and “telecommunications service” for “the meanings given by section 2 1 ” substitute “the same meanings as in the Investigatory Powers Act 2016 see section 237 11 40 to 13 of that Act ” 246 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 1 — General amendments Political Parties Elections and Referendums Act 2000 7 In paragraph 28 4 of Schedule 19C to the Political Parties Elections and ReferendumsAct 2000 civil sanctions disclosure of information for paragraph b substitute— “ b any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory 5 Powers Act 2016 ” Public Finance and Accountability Scotland Act 2000 2000 asp 1 8 1 The Public Finance and Accountability Scotland Act 2000 is amended as follows 2 In section 26B 3 voluntary disclosure of data to Audit Scotland 10 for paragraph b substitute— “ b which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ” 3 In section 26C 3 power to require disclosure of data for paragraph b substitute— 15 “ b the disclosure is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ” Social Security Fraud Act 2001 9 In section 4 1 b of the Social Security Fraud Act 2001 arrangements for payments in relation to persons providing a telecommunications service 20 etc for “the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “the Investigatory Powers Act 2016” Social Security Fraud Act Northern Ireland 2001 10 In section 4 1 b of the Social Security Fraud Act Northern Ireland 2001 arrangementsfor payments in relation to persons providing a 25 telecommunications service etc for “the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “the Investigatory Powers Act 2016” Justice Northern Ireland Act 2002 11 In section 5A 3 b of the Justice Northern Ireland Act 2002 disclosure of information to the Northern Ireland Judicial Appointments Commission 30 for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Proceeds of Crime Act 2002 12 1 The Proceeds of Crime Act 2002 is amended as follows 35 2 In section 436 3 b disclosure of information to certain Directors for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 3 In section 438 8 b disclosure of information by certain Directors for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute40 “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 1 — General amendments 247 4 In section 439 3 b disclosure of information to Lord Advocate and to Scottish Ministers for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 5 In section 441 7 b disclosure of information by Lord Advocate and 5 by Scottish Ministers for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Police Reform Act 2002 13 In paragraph 19ZA 2 c of Schedule 3 to the Police Reform Act 2002 10 handling of complaints and conduct matters etc power to serve information notice for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Privacy and Electronic Communications EC Directive Regulations 2003 S I 2003 2426 15 14 After regulation 5A 8 of the Privacy and Electronic Communications EC Directive Regulations 2003 personal data breach insert— “ 9 This regulation does not apply in relation to any personal data breach which is to be notified to the Investigatory Powers Commissioner in accordance with a code of practice made under20 the Investigatory Powers Act 2016 ” Audit and Accountability Northern Ireland Order 2003 S I 2003 418 N I 5 15 In Article 4C 3 b of the Audit and Accountability Northern Ireland Order 2003 voluntary provision of data for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 125 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Public Audit Wales Act 2004 16 In section 64C 3 b of the Public Audit Wales Act 2004 voluntary provision of data for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 30 9 of the Investigatory Powers Act 2016” Constitutional Reform Act 2005 17 In section 107 3 b of the Constitutional Reform Act 2005 disclosure of information to the Judicial Appointments Commission for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of35 Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Commissioners for Revenue and Customs Act 2005 18 In section 22 b of the Commissioners for Revenue and Customs Act 2005 data protection etc for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of 40the Investigatory Powers Act 2016” 248 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 1 — General amendments Serious Crime Act 2007 19 1 The Serious Crime Act 2007 is amended as follows 2 In section 68 4 b disclosure of information to prevent fraud for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 5 3 In section 85 8 b disclosure of information by Revenue and Customs for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Legal Services Act 2007 20 In section 169 3 b of the Legal Services Act 2007 disclosure of information to the Legal Services Board for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Regulatory Enforcement and Sanctions Act 2008 21 20 In section 20 2 b of the Counter-Terrorism Act 2008 disclosure and the intelligence services supplementaryprovisions for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Borders Citizenship and Immigration Act 2009 23 15 In section 70 4 of the Regulatory Enforcement and Sanctions Act 2008 disclosure of information for paragraph b substitute— “ b any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ” Counter-Terrorism Act 2008 22 10 25 In section 19 1 b of the Borders Citizenship and Immigration Act 2009 applicationof statutory provisions for “Part 1 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Marine and Coastal Access Act 2009 30 24 1 The Marine and Coastal Access Act 2009 is amended as follows 2 In paragraph 13 5 of Schedule 7 further provision about civil sanctions under Part 4 disclosure of information for paragraph b substitute— “ b any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ” 35 3 In paragraph 9 5 of Schedule 10 further provision about fixed monetary penalties under section 142 disclosure of information for paragraph b substitute— “ b any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ” 40 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 1 — General amendments 249 Terrorist Asset-Freezing etc Act 2010 25 In section 25 2 b of the Terrorist Asset-Freezing etc Act 2010 application of provisions for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 5 Marine Scotland Act 2010 2010 asp 5 26 In paragraph 12 5 of Schedule 2 to the Marine Scotland Act 2010 further provision about civil sanctions under Part 4 disclosure of information for paragraph b substitute— “ b any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory 10 Powers Act 2016 ” Charities Act 2011 27 In section 59 b of the Charities Act 2011 disclosure supplementary for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 15 Prisons Interference with Wireless Telegraphy Act 2012 28 In section 4 6 of the Prisons Interference with Wireless Telegraphy Act 2012 meaning of “telecommunicationsystem” for “Regulation of Investigatory Powers Act 2000” substitute “Investigatory Powers Act 2016 see section 237 13 of that Act ” 20 Crime and Courts Act 2013 29 In paragraph 1 b of Schedule7 to the Crime and Courts Act 2013 information restrictions on disclosure for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 25 Marine Act Northern Ireland 2013 c 10 N I 30 In paragraph 8 5 of Schedule 2 to the Marine Act Northern Ireland 2013 further provision about fixed monetary penalties under section 35 disclosure of information for paragraph b substitute— “ b any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory 30 Powers Act 2016 ” Local Audit and Accountability Act 2014 31 In paragraph 3 3 b of Schedule 9 to the Local Audit and Accountability Act 2014 data matching voluntary provision of data for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 135 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Anti-social Behaviour Crime and Policing Act 2014 32 In paragraph 7 4 b of Schedule 4 to the Anti-social Behaviour Crime and Policing Act 2014 ASB case reviews information for “Part 1 of the 250 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 1 — General amendments Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Immigration Act 2014 33 In paragraph 6 b of Schedule 6 to the Immigration Act 2014 information for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute 5 “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” Data Retention and Investigatory Powers Act 2014 34 Omit sections 4 1 7 and 8 of the Data Retention and Investigatory Powers Act 2014 introductory review and final provisions 10 Immigration Act 2016 35 In section 7 2 b of the Immigration Act 2016 information gateways supplementary for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 15 PART 2 L AWFUL INTERCEPTION OF COMMUNICATIONS Official Secrets Act 1989 36 In section 4 3 of the Official Secrets Act 1989 crime and special investigationpowers omit the “and” after paragraph a and after 20 paragraph b insert “and c any information obtained under a warrant under Chapter 1 of Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016 any information relating to the obtaining of information under such a warrant and any document 25 or other article which is or has been used or held for use in or has been obtained by reason of the obtaining of information under such a warrant ” Criminal Procedure and Investigations Act 1996 37 1 The Criminal Procedure and Investigations Act 1996 is amended as follows 30 2 In section 3 7 initial duty of prosecutor to disclose for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “section 53 of the Investigatory Powers Act 2016” 3 In section 7A 9 continuing duty of prosecutor to disclose for “section 17 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “section 35 53 of the Investigatory Powers Act 2016” 4 In section 8 6 application by accused for disclosure for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “section 53 of the Investigatory Powers Act 2016” Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 2 — Lawful interception of communications 251 5 In section 23 code of practice for subsection 6 substitute— “ 6 The code must be so framed that it does not apply to any of the following— a material intercepted in obedience to a warrant issued under section 2 of the Interception of Communications Act 1985 5 b material intercepted under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000 c material obtained under the authority of a warrant issued under Chapter 1 of Part 2 of the Investigatory Powers 10Act 2016 d material obtained under the authority of a warrant issued under Chapter 1 of Part 6 of that Act ” Scotland Act 1998 38 In Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 15 reserved matters national security interception of communications etc in the definition of “private telecommunication system” for “section 2 1 of the Regulation of Investigatory Powers Act 2000” substitute “section 237 14 of the Investigatory Powers Act 2016” Northern Ireland Act 1998 39 20 In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 excepted matters for paragraph b substitute— “ b the subject-matter of sections 3 to 10 Schedule 1 Part 2 and Chapter 1 of Part 6 of the Investigatory Powers Act 2016 except so far as relating to the prevention or detection of 25 serious crime within the meaning of that Act ” Financial Services and Markets Act 2000 40 In section 394 7 a of the Financial Services and Markets Act 2000 access to FCA or PRA material for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “section 53 of the Investigatory Powers 30 Act 2016” Regulation of Investigatory Powers Act 2000 41 The Regulation of Investigatory Powers Act 2000 is amended as follows 42 Omit Chapter 1 of Part 1 interception of communications 43 In section 71 issue and revision of codes of practice omit subsection 10 35 44 In section 78 3 a affirmative orders omit “12 10 13 3 ” 45 1 Section 81 general interpretation is amended as follows 2 In subsection 1 — a in the definition of “criminal” omit “or prosecution” and b in the definition of “interception warrant” for “a warrant under 40 252 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 2 — Lawful interception of communications section 5” substitute “— a a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016 or b a bulk interception warrant under Chapter 1 of Part 65 of that Act” 3 In subsection 4 omit the words from “ and references” to the end 4 In subsection 5 omit the words from “ except that” to the end 46 In section 82 amendments repeals and savings etc omit subsections 4 to 6 10 Criminal Justice and Licensing Scotland Act 2010 2010 asp 13 47 In section 159 of the Criminal Justice and Licensing Scotland Act 2010 for “section 17 of the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “section 53 of the Investigatory Powers Act 2016” Justice and Security Act 2013 48 15 In section 6 4 b of the Justice and Security Act 2013 declaration permitting closed material applications in proceedings for sub-paragraph iii substitute— “ iii section 53 1 of the Investigatory Powers Act 2016 exclusion for intercept material ” 20 PART 3 A CQUISITION OF COMMUNICATIONS DATA Regulation of Investigatory Powers Act 2000 49 The Regulation of Investigatory Powers Act 2000 is amended as follows 50 Omit Chapter 2 of Part 1 acquisition and disclosure of communications 25 data 51 In section 49 1 c investigation of electronic data protected by encryption etc powers under which data obtained — a for the words from “section 22 3 ” to “Part II” substitute “Part 3 of the Investigatory Powers Act 2016 or Part 2 of this Act” and 30 b for “under section 22 4 ” substitute “in pursuance of an authorisation under Part 3 of the Act of 2016 or as the result of the issue of a warrant under Chapter 2 of Part 6 of the Act of 2016” 52 In section 71 2 issue and revision of codes of practice omit “23A or” 53 1 Section 77A procedure for order of sheriff under section 23A or 35 32A Scotland is amended as follows 2 In the heading and in subsection 1 for “section 23A or 32A” substitute “section 32A of this Act or section 72 of the Investigatory Powers Act 2016” Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 3 — Acquisition of communications data 253 3 In subsection 3 for “sections 23B and 32B and this section” substitute “this section section 32B of this Act and section 72 of the Investigatory Powers Act 2016” 54 1 Section 77B procedure for order of district judge under section 23A or 32A Northern Ireland is amended as follows 5 2 In the heading and in subsections 1 and 4 for “section 23A or 32A” substitute “section 32A of this Act or section 72 of the Investigatory Powers Act 2016” 3 In subsection 4 for “sections 23B and 32B” substitute “section 32B of this Act and section 72 of that Act” 10 55 In section 78 3 a affirmative orders omit “22 9 23A 6 25 5 ” 56 In section 81 9 general interpretation certain referencesrelating to Northern Ireland omit “23A 7 b ” Police Reform Act 2002 57 1 Paragraph 19ZA of Schedule 3 to the Police Reform Act 2002 investigations 15 by the IPCC information notices is amended as follows 2 In sub-paragraph 3 omit— a the words from “ within the meaning of Chapter 2” to “2000 ” and b the words “ within the meaning of that Chapter ” 3 After sub-paragraph 3 insert— 20 “ 3A In sub-paragraph 3 “communications data” “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 see sections 237 and 238 of that Act ” PART 4 25 RETENTION OF COMMUNICATIONS DATA Anti-terrorism Crime and Security Act 2001 58 Omit Part 11 of the Anti-terrorism Crime and Security Act 2001 retention of communications data Data Retention and Investigatory Powers Act 2014 59 30 Omit sections 1 and 2 of the Data Retention and Investigatory Powers Act 2014 retention of relevant communications data PART 5 EQUIPMENT INTERFERENCE Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 60 35 The Regulation of Investigatory Powers Scotland Act 2000 is amended as follows 254 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 5 — Equipment interference 61 In section 5 3 lawful surveillance etc after paragraph a and before the “or” at the end of the paragraph insert— “ aa an enactment contained in Part 5 or Chapter 3 of Part 6 of the Investigatory Powers Act 2016 equipment interference so far as relating to the Police Service ” 5 62 In section 24 2 issue and revision of codes of practice after paragraph a and before the “and” at the end of the paragraph insert— “ aa Part 5 or Chapter 3 of Part 6 of the Investigatory Powers Act 2016 equipment interference so far as relating to the Police Service or the Police Investigations and Review 10 Commissioner ” Crime and Courts Act 2013 63 1 In Schedule 1 to the Crime and Courts Act 2013 the NCA and NCA officers paragraph 6A investigatory activity in Northern Ireland is amended as follows 15 2 In sub-paragraph 3 — a in the opening words omit “an authorisation granted under any of the following provisions” b before paragraph a insert— “ za a targeted equipment interference warrant under 20 Part 5 of the Investigatory Powers Act 2016 ” c in paragraph a for “in the” substitute “an authorisation granted under any of the following provisions of the” d in paragraph b at the beginning insert “an authorisation granted under” 25 3 After sub-paragraph 3 insert— “ 4 For the purpose of sub-paragraph 1 a relevant investigatory activity falling within sub-paragraph 3 za is to be regarded as carried out in Northern Ireland if and to the extent that — a the equipment that is being interfered with under the 30 warrant is in Northern Ireland and b at the time of the carrying out of the activity the NCA officer knows that the equipment is in Northern Ireland 5 Sub-paragraph 6 applies where— a in the carrying out by an NCA officer of a relevant 35 investigatory activity falling within sub-paragraph 3 za equipment in Northern Ireland is interfered with under the warrant b at the time the interference begins the NCA officer does not know that the equipment is in Northern Ireland and40 c at any time while the interference is continuing the NCA officer becomes aware that the equipment is in Northern Ireland 6 The NCA officer is not to be regarded as in breach of subparagraph 1 if the interference continues after the NCA officer 45 becomesaware that the equipment is in Northern Ireland provided that the officer informs the Chief Constable of the Police Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 5 — Equipment interference 255 Service of Northern Ireland about the interference as soon as reasonably practicable ” PART 6 J UDICIAL COMMISSIONERS Police Act 1997 5 64 The Police Act 1997 is amended as follows 65 In section 103 8 appeals for “the period” substitute “any period” 66 In section 105 1 b iii reports of appeals dismissed for “section 107 2 ” substitute “section 212 of the Investigatory Powers Act 2016” 67 In section 108 1 interpretation of Part 3 after the definition of “designated 10 deputy” insert— ““the Investigatory Powers Commissioner”and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 see section 239 1 of that Act ” 15 Regulation of Investigatory Powers Act 2000 68 The Regulation of Investigatory Powers Act 2000 is amended as follows 69 In section 37 9 a appealsagainst decisionsof ordinary Surveillance Commissioners for “the period” substitute “any period” 70 In section 39 3 appeals reports of Chief Surveillance Commissioner — 20 a for “Subsections 3 and 4 of section 107 of the Police Act 1997” substitute “Subsections 6 to 9 of section 212 of the Investigatory Powers Act 2016” and b for “subsection 2 of that section” substitute “subsection 1 of that section” 25 71 Omit section 40 information to be provided to Surveillance Commissioners 72 In section 51 7 b notification to Intelligence Services Commissioner or Chief SurveillanceCommissionerof certain directions relating to the disclosure of a key to protected information for “the Commissioner 30 in question” substitute “the Investigatory Powers Commissioner” 73 In section 71 2 issue and revision of codes of practice for “the Surveillance Commissioners” substitute “a Judicial Commissioner” 74 1 Section 72 effect of codes of practice is amended as follows 2 In subsection 4 for paragraphs c to e and the word “or” between 35 paragraphs d and e substitute “ or “ ba the Investigatory Powers Commissioner or any other Judicial Commissioner carrying out functions under this Act the Investigatory Powers Act 2016 or the Police Act 1997 ” 3 Omit subsection 5 40 256 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 6 — Judicial Commissioners 75 1 Section 81 1 general definitions is amended as follows 2 Omit the definitions of “Assistant Surveillance Commissioner” “ordinary SurveillanceCommissioner” “SurveillanceCommissioner”and “Chief Surveillance Commissioner” 3 After the definition of “interception warrant” insert— 5 ““the Investigatory Powers Commissioner”and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 see section 239 1 of that Act ” Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 10 76 The Regulation of Investigatory Powers Scotland Act 2000 is amended as follows 77 In the cross-heading before section 2 Surveillance Commissioners for “Surveillance” substitute “Judicial” 78 In section 2 10 restrictions on appeals against Commissioners — 15 a for “Chief SurveillanceCommissioner”substitute“Investigatory Powers Commissioner” and b for “other Surveillance Commissioner” substitute “other Judicial Commissioner” 79 In the heading of section 16 for “Surveillance Commissioners” substitute 20 “Judicial Commissioners” 80 Omit section 18 information to be provided to Surveillance Commissioners 81 In the cross-heading before section 21 Chief Surveillance Commissioner for “Chief Surveillance” substitute “Investigatory Powers” 25 82 Omit section 21 functions of Chief Surveillance Commissioner 83 1 Section 22 co-operationwith and reports by Chief Surveillance Commissioner is amended as follows 2 Omit subsection 1 3 In subsection 2 for “Chief Surveillance Commissioner”substitute “Investigatory Powers Commissioner” 4 In subsection 3 — a for “Chief SurveillanceCommissioner”substitute“Investigatory Powers Commissioner” and b after “under” insert “ and in relation to ” 30 35 84 In section 24 2 issue and revision of codes of practice for “the Surveillance Commissioners appointed under this Act or the Commissioners holding office under section 91 of that Act” substitute “the Judicial Commissioners” 85 In section 26 4 effect of codes of practice — a in paragraph b for “Chief Surveillance Commissioner” substitute 40 “Investigatory Powers Commissioner” and Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 6 — Judicial Commissioners 257 b in paragraph c for “a Surveillance Commissioner” substitute “a Judicial Commissioner other than the Investigatory Powers Commissioner ” 86 1 Section 31 1 interpretation is amended as follows 2 After the definitions of “directed” and “intrusive” insert— 5 ““the Investigatory Powers Commissioner”and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 see section 239 1 of that Act ” 3 Omit the definitions of “ordinary Surveillance Commissioner” 10 “Surveillance Commissioner” and “Chief Surveillance Commissioner” Terrorism Prevention and Investigation Measures Act 2011 87 In section 21 3 b of the Terrorism Prevention and Investigation Measures Act 2011 duty to consult certain persons before making an order for the continuation repeal etc of TPIM powers for “the Intelligence Services 15 Commissioner” substitute “the Investigatory Powers Commissioner” Protection of Freedoms Act 2012 88 The Protection of Freedoms Act 2012 is amended as follows 89 1 Section 29 code of practice for surveillance camera systems is amended as follows 20 2 In subsection 5 d duty to consult certain persons in preparing code for “the Chief Surveillance Commissioner” substitute “the Investigatory Powers Commissioner” 3 In subsection 7 omit the definition of “the Chief Surveillance Commissioner” 90 25 In section 33 8 d duty to consult before making an order identifying who must have regard to the code for “the Chief Surveillance Commissioner” substitute “the Investigatory Powers Commissioner” PART 7 OTHER MINOR AND CONSEQUENTIAL PROVISION 30 Telecommunications Act 1984 91 Omit section 94 of the Telecommunications Act 1984 directions in the interests of national security etc Northern Ireland Act 1998 92 In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 excepted 35 matters after “subversion ” insert “the Technical Advisory Board provided for by section 223 of the Investigatory Powers Act 2016 ” 258 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 7 — Other minor and consequential provision Communications Act 2003 93 1 The Communications Act 2003 is amended as follows 2 In section 401 5 g for “sections 47 to 49” substitute “section 47 or 48” 3 In Schedule 18 transitional provisions omit paragraph 24 which relates to section 94 of the Telecommunications Act 1984 5 PART 8 REPEALS AND REVOCATIONS CONSEQUENTIAL ON OTHER REPEALS OR AMENDMENTS IN THIS A CT General amendments Title Extent of repeal or revocation Serious Crime Act 2015 10 Section 83 Section 86 12 In Schedule 4 paragraph 18 Lawful interception of communications Title Extent of repeal or revocation 15 Regulation of Investigatory In Schedule 4 paragraphs 7 2 and 9 Powers Act 2000 Inquiries Act 2005 In Schedule 2 paragraphs 20 and 21 Terrorism Act 2006 Section 32 Wireless Telegraphy Act 2006 In Schedule 7 paragraphs 22 and 23 20 National Health Service In Schedule 1 paragraph 208 Consequential Provisions Act 2006 Armed Forces Act 2006 In Schedule 16 paragraph 169 Serious Crime Act 2007 In Schedule 12 paragraph 6 Counter-Terrorism Act 2008 Sections 69 and 74 Policing and Crime Act 2009 Section 100 25 Terrorist Asset-Freezing etc Act Section 28 2 and 3 2010 Terrorism Prevention and In Schedule 7 paragraph 4 Investigation Measures Act 2011 Regulation of Investigatory The whole Regulations Powers Monetary Penalty Notices and Consents for Interceptions Regulations 2011 S I 2011 1340 30 35 Health and Social Care Act 2012 In Schedule 5 paragraph 98 Justice and Security Act 2013 Section 16 In Schedule 2 paragraph 11 40 Investigatory Powers Bill 259 Schedule 10 — Minor and consequential provision Part 8 — Repeals and revocations consequential on other repeals or amendments in this Act Title Extent of repeal or revocation Crime and Courts Act 2013 In Schedule 8 paragraph 78 In Schedule 9 paragraph 125 Data Retention and Section 3 1 and 2 Investigatory Powers Act Section 4 2 to 7 Section 5 2014 5 Counter-Terrorism and SecuritySection 15 3 In Schedule 8 paragraph 2 Act 2015 Acquisition and retention of communications data Title Extent of repeal or revocation 10 Serious Organised Crime and In Schedule 4 paragraph 135 Police Act 2005 Serious Crime Act 2007 In Schedule 12 paragraphs 7 and 8 Police Public Order and In the Schedule paragraph 4 5 Criminal Justice Scotland Act 2006 Consequential Provisions and Modifications Order 2007 S I 2007 1098 15 Policing and Crime Act 2009 Section 7 In Schedule 7 paragraphs 13 and 14 20 Protection of Freedoms Act 2012 Section 37 In Schedule 9 paragraphs7 and 8 and in paragraph 16 b sub-paragraph i and the word “and” at the end of sub-paragraph i 25 Crime and Courts Act 2013 In Schedule 8 paragraph 81 Police and Fire Reform In Schedule 2 paragraph 33 5 to 8 and 15 a Scotland Act 2012 Consequential Provisions and Modifications Order 30 2013 S I 2013 602 Data Retention and Section 3 3 and 4 Investigatory Powers Act Section 4 8 to 10 2014 Counter-Terrorism and SecuritySection 21 Section 52 3 a Act 2015 35 Judicial Commissioners Title Extent of repeal or revocation Scotland Act 1998 Cross- In Schedule 6 paragraph 2 2 and 5 Border Public Authorities Adaptation of Functions etc Order 1999 S I 1999 1747 40 260 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 8 — Repeals and revocations consequential on other repeals or amendments in this Act Title Extent of repeal or revocation Regulation of Investigatory In Schedule 4 paragraph 8 1 10 and 11 Powers Act 2000 Insolvency Act 2000 In Schedule 4 paragraph 22 2 Scotland Act 1998 Transfer In of Schedule 3 paragraphs 9 to 12 Functions to the Scottish Ministers etc No 2 Order 2000 S I 2000 3253 Insolvency Act 2000 Company In the Schedule paragraph 10 Directors Disqualification Undertakings Order 2004 S I 2004 1941 5 10 Constitutional Reform Act 2005In Schedule 17 paragraphs 27 and 30 2 a and b and 3 Tribunals Courts and In Schedule 16 paragraph 11 2 Enforcement Act 2007 Serious Crime Act 2007 15 In Schedule 12 paragraph 3 Companies Act 2006 In Schedule 1 paragraph 169 Consequential Amendments Transitional Provisions and Savings Order 2009 S I 2009 1941 20 Police Reform and Social In Schedule 16 paragraph 222 Responsibility Act 2011 Protection of Freedoms Act 2012 In Schedule 9 paragraphs 10 and 11 25 Justice and Security Act 2013 Section 5 In Schedule 2 paragraph 4 Crime and Courts Act 2013 In Schedule 8 paragraph 59 In Schedule 21 paragraph 4 Police and Fire Reform In Schedule 1 paragraph 6 6 Scotland Act 2012 In Schedule 2 paragraph 33 20 and 22 c Consequential Provisions and Modifications Order 2013 S I 2013 602 30 35 Anti-social Behaviour Crime Section 150 and Policing Act 2014 Data Retention and Section 6 Investigatory Powers Act 2014 Other minor and consequential provision Title Communications Act 2003 Extent of repeal or revocation In Schedule 17 paragraph 70 40 Investigatory Powers Bill 261 Schedule 10 — Minor and consequential provision Part 8 — Repeals and revocations consequential on other repeals or amendments in this Act Investigatory Powers Bill A BILL AS AMENDED IN COMMITTEE To make provision about the interception of communications equipment interference and the acquisition and retention of communications data bulk personal datasets and other information to make provision about the treatment of material held as a result of such interception equipment interference or acquisition or retention to establish the Investigatory Powers Commissioner and other Judicial Commissioners and make provision about them and other oversight arrangements to make further provision about investigatory powers and national security to amend sections 3 and 5 of the Intelligence Services Act 1994 and for connected purposes Brought from the Commons on 8th June 2016 Ordered to be Printed 12th September 2016 © Parliamentary copyright House of Lords and House of Commons 2016 This publication may be reproduced under the terms of the Open Parliament Licence which is published at www parliament uk site-information copyright PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS HL Bill 62 56 2