Investigatory Powers Bill AS AMENDED ON REPORT CONTENTS PART 1 GENERAL PRIVACY PROTECTIONS Overview and general privacy duties 1 2 Overview of Act General duties in relation to privacy Prohibitions against unlawful interception 3 4 5 6 7 8 9 10 11 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 Interception without lawful authority award of costs Restriction on requesting interception by overseas authorities Restriction on requesting assistance under mutual assistance agreements etc Prohibition against unlawful obtaining of communications data 12 Offence of unlawfully obtaining communications data Abolition or restriction of powers to obtain communications data 13 Abolition or restriction of certain powers to obtain communications data Restrictions on interference with equipment 14 15 Mandatory use of equipment interference warrants Restriction on use of section 93 of the Police Act 1997 HL Bill 66 56 2 ii Investigatory Powers Bill PART 2 LAWFUL INTERCEPTION OF COMMUNICATIONS CHAPTER 1 INTERCEPTION AND EXAMINATION WITH A WARRANT Warrants under this Chapter 16 17 18 Warrants that may be issued under this Chapter Obtaining secondary data Subject-matter of warrants Power to issue warrants 19 20 21 22 23 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 24 25 26 Approval of warrants by Judicial Commissioners Approval of warrants issued in urgent cases Failure to approve warrant issued in urgent case Additional safeguards 27 28 29 30 Members of Parliament etc Items subject to legal privilege Confidential journalistic material Sources of journalistic information Further provision about warrants 31 32 33 34 35 36 37 38 39 40 41 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 42 43 44 Implementation of warrants Service of warrants Duty of operators to assist with implementation iii Investigatory Powers Bill CHAPTER 2 OTHER FORMS OF LAWFUL INTERCEPTION Interception with consent 45 Interception with the consent of the sender or recipient Interception for administrative or enforcement purposes 46 47 48 49 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 50 51 52 Interception in prisons Interception in psychiatric hospitals etc Interception in immigration detention facilities Interception in accordance with overseas requests 53 Interception in accordance with overseas requests CHAPTER 3 OTHER PROVISIONS ABOUT INTERCEPTION Restrictions on use or disclosure of material obtained under warrants etc 54 55 56 57 58 59 60 Safeguards relating to retention and disclosure of material Safeguards relating to disclosure of material overseas Additional safeguards for items subject to legal privilege Exclusion of matters from legal proceedings Duty not to make unauthorised disclosures Section 58 meaning of “excepted disclosure” Offence of making unauthorised disclosures Interpretation 61 Part 2 interpretation PART 3 AUTHORISATIONS FOR OBTAINING COMMUNICATIONS DATA Targeted authorisations for obtaining data 62 63 64 65 66 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 iv Investigatory Powers Bill 67 Duties of telecommunications operators in relation to authorisations Filtering arrangements for obtaining data 68 69 70 Filtering arrangements for obtaining data Use of filtering arrangements in pursuance of an authorisation Duties in connection with operation of filtering arrangements Relevant public authorities other than local authorities 71 72 73 Relevant public authorities and designated senior officers etc Power to modify section 71 and Schedule 4 Certain regulations under section 72 supplementary Local authorities 74 75 76 Local authorities as relevant public authorities Requirement to be party to collaboration agreement Judicial approval for local authority authorisations Additional protections 77 78 Use of a single point of contact Commissioner approval for authorisations to identify or confirm journalistic sources Collaboration agreements 79 80 81 Collaboration agreements Collaboration agreements supplementary Police collaboration agreements Further and supplementary provision 82 83 84 85 86 87 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 88 Powers to require retention of certain data Safeguards 89 90 91 Matters to be taken into account before giving retention notices Approval of retention notices by Judicial Commissioners Review by the Secretary of State v Investigatory Powers Bill 92 93 94 Approval of notices following review under section 91 Data integrity and security Disclosure of retained data Variation or revocation of notices 95 Variation or revocation of notices Enforcement 96 Enforcement of notices and certain other requirements and restrictions Further and supplementary provision 97 98 99 Application of Part 4 to postal operators and postal services Extra-territorial application of Part 4 Part 4 interpretation PART 5 EQUIPMENT INTERFERENCE Warrants under this Part 100 101 102 Warrants under this Part general Meaning of “equipment data” Subject-matter of warrants Power to issue warrants 103 104 105 106 107 108 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 103 to 105 to be taken personally by Ministers Power to issue warrants to law enforcement officers Restriction on issue of warrants to certain law enforcement officers Approval of warrants by Judicial Commissioners 109 110 111 Approval of warrants by Judicial Commissioners Approval of warrants issued in urgent cases Failure to approve warrant issued in urgent case Additional safeguards 112 113 114 115 Members of Parliament etc Items subject to legal privilege Confidential journalistic material Sources of journalistic information Further provision about warrants 116 Requirements that must be met by warrants vi Investigatory Powers Bill 117 118 119 120 121 122 123 124 125 126 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 119 Further provision about modifications under section 119 Notification of modifications Approval of modifications under section 119 made in urgent cases Modification of warrants issued by law enforcement chiefs Approval of modifications under section 124 in urgent cases Cancellation of warrants Implementation of warrants 127 128 129 Implementation of warrants Service of warrants Duty of telecommunications operators to assist with implementation Supplementary provision 130 131 132 133 134 135 136 Safeguards relating to retention and disclosure of material Safeguards relating to disclosure of material overseas Additional safeguards for items subject to legal privilege Duty not to make unauthorised disclosures Section 133 meaning of “excepted disclosure” Offence of making unauthorised disclosure Part 5 interpretation PART 6 BULK WARRANTS CHAPTER 1 BULK INTERCEPTION WARRANTS Bulk interception warrants 137 138 139 140 141 142 143 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 144 145 146 147 148 149 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications by Judicial Commissioners Approval of major modifications made in urgent cases Cancellation of warrants vii Investigatory Powers Bill Implementation of warrants 150 Implementation of warrants Restrictions on use or disclosure of material obtained under warrants etc 151 152 153 154 155 156 157 Safeguards relating to retention and disclosure of material Safeguards relating to disclosure of material overseas Safeguards relating to examination of material Additional safeguards for items subject to legal privilege Additional safeguard for confidential journalistic material Offence of breaching safeguards relating to examination of material Application of other restrictions in relation to warrants Interpretation 158 Chapter 1 interpretation CHAPTER 2 BULK ACQUISITION WARRANTS Bulk acquisition warrants 159 160 161 162 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 163 164 165 166 167 168 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications by Judicial Commissioners Approval of major modifications made in urgent cases Cancellation of warrants Implementation of warrants 169 170 171 Implementation of warrants Service of warrants Duty of operators to assist with implementation Restrictions on use or disclosure of data obtained under warrants etc 172 173 174 Safeguards relating to the retention and disclosure of data Safeguards relating to examination of data Offence of breaching safeguards relating to examination of data Supplementary provision 175 176 Offence of making unauthorised disclosure Chapter 2 interpretation viii Investigatory Powers Bill CHAPTER 3 BULK EQUIPMENT INTERFERENCE WARRANTS Bulk equipment interference warrants 177 178 179 180 181 182 183 184 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 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 185 186 187 188 189 190 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications by Judicial Commissioners Approval of major modifications made in urgent cases Cancellation of warrants Implementation of warrants 191 Implementation of warrants Restrictions on use or disclosure of material obtained under warrants etc 192 193 194 195 196 197 198 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 Additional safeguard for confidential journalistic material Offence of breaching safeguards relating to examination of material Application of other restrictions in relation to warrants Interpretation 199 Chapter 3 interpretation PART 7 BULK PERSONAL DATASET WARRANTS Bulk personal datasets interpretation 200 Bulk personal datasets interpretation Requirement for warrant 201 202 Requirement for authorisation by warrant general Exceptions to section 201 1 and 2 ix Investigatory Powers Bill 203 204 Restriction on use of class BPD warrants Meaning of “protected data” Issue of warrants 205 206 207 208 209 210 211 212 213 Class BPD warrants Specific BPD warrants Additional safeguards for health records Protected data power to impose conditions 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 Duration modification and cancellation 214 215 216 217 218 219 220 Duration of warrants Renewal of warrants Modification of warrants Approval of major modifications by Judicial Commissioners Approval of major modifications made in urgent cases Cancellation of warrants Non-renewal or cancellation of BPD warrants Further and supplementary provision 221 222 223 224 225 226 227 Initial examinations time limits Safeguards relating to examination of bulk personal datasets Additional safeguards for items subject to legal privilege examination Additional safeguards for items subject to legal privilege retention following examination Offence of breaching safeguards relating to examination of material Application of Part to bulk personal datasets obtained under this Act Part 7 interpretation PART 8 OVERSIGHT ARRANGEMENTS CHAPTER 1 INVESTIGATORY POWERS COMMISSIONER AND OTHER JUDICIAL COMMISSIONERS The Commissioners 228 229 Investigatory Powers Commissioner and other Judicial Commissioners Terms and conditions of appointment Main functions of Commissioners 230 231 232 Main oversight functions Additional directed oversight functions Error reporting x Investigatory Powers Bill 233 234 Additional functions under this Part Functions under other Parts and other enactments Reports and investigation and information powers 235 236 237 238 Annual and other reports Investigation and information powers Referrals by the Intelligence and Security Committee of Parliament Information gateway Supplementary provision 239 240 241 Funding staff and facilities etc Power to modify functions Abolition of existing oversight bodies CHAPTER 2 OTHER ARRANGEMENTS Codes of practice 242 Codes of practice Investigatory Powers Tribunal 243 244 Right of appeal from Tribunal Functions of Tribunal in relation to this Act etc Information Commissioner 245 Oversight by Information Commissioner in relation to Part 4 Advisory bodies 246 247 248 Technical Advisory Board Technology Advisory Panel Members of the Panel PART 9 MISCELLANEOUS AND GENERAL PROVISIONS CHAPTER 1 MISCELLANEOUS Combined warrants and authorisations 249 Combination of warrants and authorisations Compliance with Act 250 Payments towards certain compliance costs xi Investigatory Powers Bill 251 Power to develop compliance systems etc Additional powers 252 253 254 255 256 257 258 259 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 253 or 254 Variation and revocation of notices Review of notices by the Secretary of State Approval of notices following review under section 258 Wireless telegraphy 260 Amendments of the Wireless Telegraphy Act 2006 CHAPTER 2 GENERAL Review of operation of Act 261 Review of operation of Act Interpretation 262 263 264 265 266 Telecommunications definitions Postal definitions General definitions General definitions “journalistic material” etc Index of defined expressions Supplementary provision 267 268 269 270 271 272 Offences by bodies corporate etc Regulations Enhanced affirmative procedure Financial provisions Transitional transitory or saving provision Minor and consequential provision Final provision 273 Commencement extent and short title Schedule 1 Part 1 Part 2 Schedule 2 Schedule 3 — — — — — Monetary penalty notices Monetary penalty notices Information provisions Abolition of disclosure powers Exceptions to section 57 xii Investigatory Powers Bill Schedule 4 Part 1 Part 2 Schedule 5 — — — — Schedule 6 Part 1 Part 2 Part 3 Schedule 7 Schedule 8 Part 1 Part 2 — — — — — — — — Part 3 Part 4 Schedule 9 Schedule 10 Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 — — — — — — — — — — — — Relevant public authorities and designated senior officers etc Table of authorities and officers etc Interpretation of table Transfer and agency arrangements with public authorities further provisions Issue of warrants under section 107 etc table Table Part 1 Table Part 2 Interpretation of the table Codes of practice Combination of warrants and authorisations Combinations with targeted interception warrants Other combinations involving targeted equipment interference warrants Combinations involving targeted examination warrants only Combined warrants supplementary provision Transitional transitory and saving provision Minor and consequential provision 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 ON REPORT 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 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 Act sets out the extent to which certain investigatory powers may be used to interfere with privacy 2 This Part imposes certain duties in relation to privacy and contains other protections for privacy 3 These other protections include offences and penalties in relation to— a the unlawful interception of communications and b the unlawful obtaining of communications data HL Bill 66 5 10 56 2 2 Investigatory Powers Bill Part 1 — General privacy protections 4 This Part also abolishes and restricts various general powers to obtain communications data and restricts the circumstances in which equipment interference and certain requests about the interception of communications can take place 5 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 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 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 6 7 2 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 b Part 3 and Chapter 2 of Part 6 set out circumstances in which the obtaining of communications data is lawful in pursuance of 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 communications 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 As to the rest of the Act— a Part 8 deals with oversight arrangements for regimes in this Act and elsewhere and b Part 9 contains miscellaneous and general provisions including amendments to sections 3 and 5 of the Intelligence Services Act 1994 and provisions about national security and combined warrants and authorisations 5 10 15 20 25 30 35 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 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 253 254 or 258 f to vary or revoke such a notice 40 45 Investigatory Powers Bill Part 1 — General privacy protections g h i j k 2 3 4 5 6 3 to approve a decision to give or vary a notice under Part 4 or section 253 254 or 258 to approve the use of criteria under section 154 195 or 223 to give an authorisation under section 220 3 b to approve a decision to give such an authorisation or to apply for or otherwise seek any issue grant giving modification variation or renewal of a kind falling within paragraph a b d e f or i The public authority must have regard to— a whether what is sought to be achieved by the warrant authorisation or notice could reasonably be achieved by other less intrusive means b whether the level of protection to be applied in relation to any obtaining of information by virtue of the warrant authorisation or notice is higher because of the particular sensitivity of that information c the public interest in the integrity and security of telecommunication systems and postal services and d any other aspects of the public interest in the protection of privacy The duties under subsection 2 — 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 The other considerations may in particular include— a the interests of national security or of the economic well-being of the 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 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 For the purposes of subsection 2 b examples of sensitive information include— a items subject to legal privilege b any information identifying or confirming a source of journalistic information and c relevant confidential information within the meaning given by paragraph 2 4 of Schedule 7 certain information held in confidence and consisting of personal records journalistic material or communications between Members of Parliament and their constituents In this section “public authority” includes the relevant judicial authority within the meaning of section 76 where the relevant judicial authority is deciding whether to approve under that section an authorisation under Part 3 5 10 15 20 25 30 35 40 45 4 Investigatory Powers Bill Part 1 — General privacy protections Prohibitions against unlawful interception 3 Offence of unlawful interception 1 2 3 A person commits an offence if— 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 b the interception is carried out in the United Kingdom and c the person does not have lawful authority to carry out the interception But it is not an offence under subsection 1 for a person to intercept a communication in the course of its transmission by means of a private telecommunication system if the person— a is a person with a right to control the operation or use of the system or b has the express or implied consent of such a person to carry out the interception Sections 4 and 5 contain provision about— 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 For the meaning of the terms used in subsection 1 a i to iii see sections 262 and 263 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 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 4 No proceedings for any offence which is an offence by virtue of this section may be instituted— 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 5 10 15 20 25 30 35 Definition of “interception” etc 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 40 Investigatory Powers Bill Part 1 — General privacy protections 5 b the effect of the relevant act is to make any content of the 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 262 6 2 3 4 5 6 7 In this section “relevant act” in relation to a telecommunication system means— 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 For the purposes of this section references to modifying a telecommunication system include references to 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 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 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 10 15 20 25 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 30 Section 125 3 of the Postal Services Act 2000 applies for the purposes 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 35 Interception carried out in the United Kingdom 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— i in the course of its transmission by means of a public telecommunication system or a public postal service or ii in the course of its transmission by means of a private telecommunication system in a case where the sender or intended recipient of the communication is in the United Kingdom 40 45 6 Investigatory Powers Bill Part 1 — General privacy protections 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 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 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 of identifying such postal data For the meaning of “postal data” see section 263 6 5 10 15 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— 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 45 to 53 or c in the case of a communication stored in or by a telecommunication system the interception— i is carried out in accordance with a targeted equipment interference warrant under Part 5 or a bulk equipment interference warrant under Chapter 3 of Part 6 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 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 b is authorised by any of sections 45 to 53 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 20 25 30 35 40 Investigatory Powers Bill Part 1 — General privacy protections 7 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 determined by the Commissioner and specified in the notice 3 Condition A is that the Commissioner considers that— 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 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 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— 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 8 5 10 15 20 25 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 C are met 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 telecommunication system to or from apparatus that is part of a private telecommunication system 4 Condition C is that the interception is carried out without lawful authority 5 For the meaning of “interception” and other key expressions used in this section see sections 4 to 6 9 Interception without lawful authority award of costs 1 This section applies where— 30 35 40 8 Investigatory Powers Bill Part 1 — General privacy protections a b c 2 3 a claim is made under section 8 civil liability for certain unlawful interceptions against a person “the defendant” the defendant was a relevant publisher at the material time and the claim is related to the publication of news-related material If the defendant was a member of an approved regulator at the time when the claim was commenced or was unable to be a member at that time for reasons beyond the defendant’s control or it would have been unreasonable in the circumstances for the defendant to have been a member at that time the court must not award costs against the defendant unless satisfied that— a the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator or b it is just and equitable in all the circumstances of the case to award costs against the defendant If the defendant was not a member of an approved regulator at the time when the claim was commenced but would have been able to be a member at that time and it would have been reasonable in the circumstances for the defendant to have been a member at that time the court must award costs against the defendant unless satisfied that— a the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator had the defendant been a member or b it is just and equitable in all the circumstances of the case to make a different award of costs or make no award of costs 4 This section is not to be read as limiting any power to make rules of court 5 This section does not apply until such time as a body is first recognised as an approved regulator 6 Subsections 2 and 3 shall apply to any claim issued after this section comes into force 7 For the purposes of this section “approved regulator” shall have the same meaning as in section 42 of the Crime and Courts Act 2013 and “relevant publisher” shall have the same meaning as in section 41 of that Act 10 5 10 15 20 25 30 Restriction on requesting interception by overseas authorities 1 2 This section applies to a request for any authorities of a country or territory 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 A request to which this section applies may not be made by or on behalf of a person in the United Kingdom unless— a a targeted interception warrant has been issued under Chapter 1 of Part 2 authorising the person to whom it is addressed to secure the interception of communications sent by or intended for that individual or b a targeted examination warrant has been issued under that Chapter authorising the person to whom it is addressed to carry out the selection of the content of such communications for examination 35 40 45 Investigatory Powers Bill Part 1 — General privacy protections 11 9 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 and b a request for assistance in accordance with an international mutual assistance agreement 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— “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 c is designated as an EU mutual assistance instrument by regulations made by the Secretary of State “international mutual assistance agreement” means an international agreement 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 c is designated as an international mutual assistance agreement by regulations made by the Secretary of State 5 10 15 20 25 Prohibition against unlawful obtaining of communications data 12 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 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 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 Act 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 30 35 40 45 10 Investigatory Powers Bill Part 1 — General privacy protections c d ii to a fine not exceeding the statutory maximum or to both 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 on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both 5 Abolition or restriction of powers to obtain communications data 13 Abolition or restriction of certain powers to obtain communications 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— 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 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 communications data without the consent of the operator may only be exercised by the public authority for that purpose if it is not possible for the authority to use a power under this Act to secure the disclosure of the data 4 The Secretary of State may by regulations modify any enactment in consequence of subsection 2 5 In this section “general information power” means— a in relation to disclosure by a telecommunications 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 ii does not deal whether alone or with other matters specifically with telecommunications operators or any class of 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 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 10 15 20 25 30 35 40 Investigatory Powers Bill Part 1 — General privacy protections 11 “regulatory 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 b is exercisable in connection with the regulation of— i telecommunications operators telecommunications services or telecommunication systems or 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 b is exercisable in connection with the conveyance or expected conveyance of 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 5 10 15 Restrictions on interference with equipment 14 Mandatory use of equipment interference warrants 1 2 3 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 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 b there is a British Islands connection 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 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 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 communications or private information falling within subparagraph i or ii This section does not restrict the ability of the head of an intelligence service to apply for an equipment interference warrant in cases where— 20 25 30 35 40 45 12 Investigatory Powers Bill Part 1 — General privacy protections a b 4 15 the intelligence service does not consider that the conduct for which 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 there is no British Islands connection In this section— “communications” “private information” and “equipment data” have the same meaning as in Part 5 see section 136 “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 5 10 Restriction on use of section 93 of the Police Act 1997 1 2 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 authority constitute one or more offences under sections 1 to 3A of the Computer Misuse Act 1990 computer misuse offences 15 20 In this section “communications” “private information” and “equipment data” have the same meaning as in Part 5 see section 136 PART 2 LAWFUL INTERCEPTION OF COMMUNICATIONS CHAPTER 1 25 INTERCEPTION AND EXAMINATION WITH A WARRANT Warrants under this Chapter 16 Warrants that may be issued under this Chapter 1 2 There are three kinds of warrant that may be issued under this Chapter— a targeted interception warrants see subsection 2 b targeted examination warrants see subsection 3 and c mutual assistance warrants see subsection 4 A targeted interception 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 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 35 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant b c 3 4 5 6 13 the obtaining of secondary data from communications transmitted by means of a postal service or telecommunication system and described in the warrant see section 17 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 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 153 4 prohibition on seeking to identify communications of individuals in the British Islands In this Part “relevant content” in relation to a targeted examination warrant means any content of communications intercepted by an interception authorised or required by a bulk interception warrant under Chapter 1 of Part 6 A mutual assistance 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 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 in 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 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 A targeted interception warrant or mutual assistance 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 interception of communications not described in the warrant and ii conduct for obtaining secondary data from such 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 c any conduct for obtaining related systems data from any postal operator or telecommunications operator 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 or intended recipient of a relevant communication whether or not a person and “relevant communication” in relation to a warrant means— 5 10 15 20 25 30 35 40 45 14 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant a b 7 17 any communication intercepted in accordance with the warrant in the course of its transmission by means of a postal service or telecommunication system or any communication from which secondary data is obtained under the warrant 5 For provision enabling the combination of targeted interception warrants with certain other warrants or authorisations including targeted examination warrants see Schedule 8 Obtaining secondary data 1 This section has effect for the purposes of this Part 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 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 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 5 or 6 10 15 20 25 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— 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 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 30 For the meaning of “systems data” and “identifying data” see section 264 40 7 18 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 35 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 2 3 15 In addition a targeted interception warrant or targeted examination warrant 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 the purposes of a single investigation or operation c testing or training activities 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 or other capabilities relating to the interception of 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 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 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 19 5 10 15 20 25 Persons who may apply for issue of a warrant 1 Each of the following is an “intercepting authority” for the purposes of this 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 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 assistance instrument or an international mutual assistance agreement 2 For the meaning of “head of an intelligence service” see section 264 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 35 40 16 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 20 Power of Secretary of State to issue warrants 1 2 3 4 The Secretary of State may on an application made by or on behalf of an intercepting authority mentioned in section 19 1 a to g issue a targeted interception warrant if— a the Secretary of State considers that the warrant is necessary on grounds falling within section 21 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 54 and 55 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 This is subject to subsection 4 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 21 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 of the prohibition in section 153 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 This is subject to subsection 4 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 21 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 54 and 55 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 This is subject to subsection 4 The Secretary of State may not issue a warrant under this section if— a the application is a relevant Scottish application see section 23 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 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 17 warrant is necessary only for the purpose of preventing or detecting serious crime For the power of the Scottish Ministers to issue warrants under this Chapter see section 22 5 21 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 Communities Act 1972 5 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— 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 security but see subsection 4 3 A mutual assistance warrant is necessary on grounds falling within this section if— 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 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 this section if it is considered necessary only for the purpose of gathering evidence for use in any legal proceedings 6 22 10 15 20 25 30 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 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 19 1 a to g issue a targeted interception warrant if— a the application is a relevant Scottish application see section 23 b the Scottish Ministers consider that the warrant is necessary on 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 35 40 18 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant d e 2 3 4 5 the Scottish Ministers consider that satisfactory arrangements made for the purposes of sections 54 and 55 safeguards relating to disclosure etc are in force in relation to the warrant and 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 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 necessary on 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 to authorise the selection of relevant content for examination in breach of the prohibition in section 153 4 prohibition on seeking to identify communications of individuals in 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 The Scottish Ministers may on an application made by or on behalf of an intercepting authority issue a mutual assistance warrant if— a the application is a relevant Scottish application b the Scottish Ministers consider that the warrant is necessary on 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 satisfactory arrangements made for the purposes of sections 54 and 55 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 approved by a Judicial Commissioner 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 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 ii the circumstances appear to the Scottish Ministers to be equivalent to those in which the Scottish Ministers would issue a warrant by virtue of paragraph a A warrant may not be considered necessary on grounds falling within subsection 4 if it is considered necessary only for the purpose of gathering evidence for use in any legal proceedings 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 6 23 19 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 “Relevant Scottish applications” 1 2 3 4 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 the application is made 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— 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 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 16 4 a or ii the making of such a request and disclosure falling within section 16 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 Commissioners for Her 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 Condition C is that— a the application is for the issue of a mutual assistance warrant which if issued would authorise or require— i the provision of assistance falling within section 16 4 b or ii the provision of such assistance and disclosure falling within section 16 4 c and b the warrant if issued would relate to— 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 10 15 20 25 30 35 40 20 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant Approval of warrants by Judicial Commissioners 24 Approval of warrants by Judicial Commissioners 1 2 3 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— 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 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 with the duties imposed by section 2 general duties in relation to privacy 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 21 b in the case of a decision of the Scottish Ministers to issue a warrant grounds falling within section 22 4 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 under this Chapter the person may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 25 5 10 15 20 25 Approval of warrants issued in urgent cases 1 This section applies where— a a warrant under this Chapter is issued without the approval of a Judicial Commissioner and b the person who decided to issue the warrant considered that there was an urgent need to issue it 30 2 The person who decided to issue the warrant must inform a Judicial Commissioner that it has been issued 35 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 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 40 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 21 b may not be renewed and section 24 5 does not apply in relation to the refusal to approve the decision 5 26 Section 26 contains further provision about what happens if a Judicial Commissioner refuses to approve the decision to issue a warrant 5 Failure to approve warrant issued in urgent case 1 This section applies where under section 25 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 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 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 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 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 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— a confirm the Judicial Commissioner’s decision or b make a fresh determination 8 Nothing in this section or section 25 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 ii anything done which it is not reasonably practicable to stop 10 15 20 25 30 35 40 22 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant Additional safeguards 27 Members of Parliament etc 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 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 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 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 28 5 10 15 20 Items subject to legal privilege 1 Subsections 2 to 5 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— i in the case of a targeted interception warrant 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 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 In deciding whether to issue the warrant the person to whom the application is made must have regard to the public interest in the confidentiality of items subject to legal privilege 4 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 that make it necessary 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 and b that the arrangements made for the purposes of section 54 or as the case may be section 151 safeguards relating to retention and 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 23 disclosure of material include specific arrangements for the handling retention use and destruction of such items 5 But the warrant may not be issued if it is considered necessary only as mentioned in section 21 2 c 6 For the purposes of subsection 4 a there cannot be exceptional and compelling circumstances that make it necessary to authorise or require the interception or the selection for examination of items subject to legal privilege unless— a the public interest in obtaining the information that would be obtained by the warrant outweighs the public interest in the confidentiality of items subject to legal privilege b there are no other means by which the information may reasonably be obtained and c in the case of a warrant considered necessary as mentioned in section 21 2 b or 3 or as the case may be 22 4 obtaining the information is necessary for the purpose of preventing death or significant injury 7 8 Subsections 8 and 9 apply if— 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 to 5 do not apply 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 communications will include such items 9 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 54 or as the case may be section 151 include specific arrangements for the handling retention use and destruction of items subject to legal privilege 10 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 communications the content of which the warrant authorises to be selected for examination 11 Subsections 12 and 13 apply if— a an application is made by or on behalf of an intercepting authority for a warrant under this Chapter b the purpose or one of the purposes of the warrant is— i in the case of a targeted interception warrant or mutual assistance warrant to authorise or require the interception of communications that if they were not made with the intention of furthering a criminal purpose would be items subject to legal privilege or 5 10 15 20 25 30 35 40 45 24 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant ii c 12 13 29 in the case of a targeted examination warrant to authorise the selection of such communications for examination and the intercepting authority considers that the communications “the targeted communications” are likely to be communications made with the intention of furthering a criminal purpose The application must— a 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 communications that if they were not made with the intention of furthering a criminal purpose would be items subject to legal privilege and b set out the reasons for believing that the targeted communications are likely to be communications made with the intention of furthering a criminal purpose 5 10 15 The person to whom the application is made may issue the warrant only if the person considers that the targeted communications are likely to be communications made with the intention of furthering a criminal purpose Confidential journalistic material 1 2 3 4 This section applies 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— i in the case of a targeted interception warrant or mutual assistance warrant to authorise or require the interception of communications which the intercepting authority believes will be communications containing confidential journalistic material or ii in the case of a targeted examination warrant to authorise the selection for examination of journalistic material which the intercepting authority believes is confidential journalistic material The application must contain a statement that the purpose or one of the purposes of the warrant is— a in the case of a targeted interception warrant or mutual assistance warrant to authorise or require the interception of communications which the intercepting authority believes will be communications containing confidential journalistic material or b in the case of a targeted examination warrant to authorise the selection for examination of journalistic material which the intercepting authority believes is confidential journalistic material 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 54 or as the case may be section 151 safeguards relating to retention and disclosure of material include specific arrangements for the handling retention use and destruction of communications containing confidential journalistic material For the meaning of “journalistic material” and “confidential journalistic material” see section 265 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 30 25 Sources of journalistic information 1 2 3 This section applies 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 to identify or confirm a source of journalistic information For the meaning of “source of journalistic information” see section 264 1 The application must contain a statement that the purpose or one of the purposes of the warrant is to identify or confirm a source of journalistic information 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 54 or as the case may be section 151 safeguards relating to retention and disclosure of material include specific arrangements for the handling retention use and destruction of communications that identify sources of journalistic information 5 10 15 Further provision about warrants 31 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 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— a subsection 4 and b section 41 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 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 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 Structure of Her Majesty’s Diplomatic Service 20 25 30 35 40 26 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant b 32 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 Requirements that must be met by warrants 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 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— a describe that purpose or activity and b name or describe as many of those persons as it is reasonably practicable to name or describe 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 of those sets of premises as it is reasonably practicable to name or describe 5 10 15 20 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 it is reasonably practicable to name or describe “Testing or training activities” has the meaning given by section 18 3 25 7 A person is within this subsection if— a in the case of a targeted interception warrant— i communications from or intended for the person will or may be intercepted by an interception authorised or required by the warrant or ii secondary data will or may be obtained under the warrant from communications from or intended for the person b in the case of a targeted examination warrant the content of communications from or intended for the person may be selected for examination under the warrant 30 Where— a a targeted interception warrant or mutual assistance warrant authorises or requires the interception of communications described in the warrant or the obtaining of secondary data from such communications or b a targeted examination warrant authorises the selection of the content of communications for examination 40 8 35 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 27 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 10 33 Any factor or combination of factors specified in accordance with subsection 8 must be one that identifies communications which are likely to be or to include— a communications from or intended for any person or organisation named or described in the warrant or b communications originating on or intended for transmission to any premises named or described in the warrant 5 10 In this section any reference to communications from or intended for a person or organisation includes communications from or intended for anything owned controlled or operated by that person or organisation 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 34 or b it is cancelled or otherwise ceases to have effect before the end of that period see sections 25 and 40 15 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 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 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 20 3 34 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 b the person who decided to issue the warrant considered that there was an urgent need to issue it 25 30 Renewal of warrants 1 If the renewal conditions are met a warrant issued under this Chapter may 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 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 necessary to 35 40 45 28 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant d authorise the selection of relevant content for examination in breach of the prohibition in section 153 4 and that the decision to renew the warrant has been approved by a Judicial Commissioner 3 The appropriate person is— 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 5 4 “Relevant grounds” means— a in the case of a warrant issued by the Secretary of State grounds falling within section 21 b in the case of a warrant issued by the Scottish Ministers grounds falling within section 22 4 10 5 “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 the end of which the warrant would otherwise cease to have effect 15 6 The decision to renew a warrant must be taken personally by the appropriate person and the instrument renewing the warrant must be signed by that person 20 7 Section 24 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 who decided to issue the warrant is to be read as a reference to the person who decided to renew it 8 Sections 27 to 30 additional safeguards apply in relation to a decision to renew a warrant as they apply in relation to a decision to issue a warrant 9 In this section— “the relevant period” has the same meaning as in section 33 “urgent warrant” is to be read in accordance with subsection 3 of that section 10 This section is subject to section 41 special rules for certain mutual assistance warrants 35 25 30 35 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— 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 32 8 40 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 29 3 But a warrant may not be modified as mentioned in subsection 2 a if it relates only to a particular person or organisation or to a single set of premises as mentioned in section 18 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 This is subject to section 37 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 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 7 Sections 36 to 39 contain further provision about making modifications under this section 36 5 10 15 Persons who may make modifications 1 2 3 4 A major modification may be made by— a the Secretary of State in the case of a warrant issued by the Secretary of State b a member of the Scottish Government in the case of a warrant issued by the Scottish Ministers or c a senior official acting on behalf of the Secretary of State or as the case may be the Scottish Ministers A minor modification may be made by— a the Secretary of State in the case of a warrant issued by the Secretary of State 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 e a person who holds a senior position in the same public authority as the person mentioned in paragraph d 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 Section 39 contains provision about the approval of major modifications made in urgent cases Subsections 1 and 3 are subject to section 37 5 and 6 special rules where any of sections 27 to 30 applies in relation to the making of a major modification 20 25 30 35 40 30 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 5 Subsections 2 d and e and 3 do not apply in the case of a mutual assistance warrant addressed to a person falling within section 19 1 h competent authorities of overseas countries or territories 6 For the purposes of subsection 2 e a person holds a senior position in a 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 ii the person holds a position in the intelligence service 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 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— 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 7 37 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 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 Further provision about modifications 1 2 3 A person may make a modification within subsection 2 only if the person considers— a that the modification is necessary on any relevant grounds see subsection 3 and b that the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct 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 b a minor modification adding any factor specified in the warrant in accordance with section 32 8 In subsection 1 a “relevant grounds” means— a in the case of a warrant issued by the Secretary of State grounds falling within section 21 b in the case of a warrant issued by the Scottish Ministers grounds falling within section 22 4 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 31 and for the purposes of subsection 1 any reference to the Secretary of State in section 21 3 b or the Scottish Ministers in section 22 4 b is to be read as a reference to the person making the modification 4 Sections 27 to 30 additional safeguards 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 27 applies in relation to the making of a major modification— a the modification must be made by the Secretary of State and b the modification has effect only if the decision to make the modification has been approved by a Judicial Commissioner 6 7 8 9 Where section 28 29 or 30 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 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 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 In a case where any of sections 27 to 30 applies in relation to the making of a major modification section 24 approval of warrants by Judicial Commissioners 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 were a reference to the person who decided to make the modification and c subsection 3 of this section applied for the purposes of subsection 1 of that section as it applies for the purposes of subsection 1 of this section Section 39 contains provision about the approval of major modifications made in urgent cases If in a case where any of sections 27 to 30 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 a member of the Scottish Government in accordance with section 35 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 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 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 5 10 15 20 25 30 35 40 45 32 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 10 11 38 If at any time a person mentioned in section 36 2 considers that any factor specified in a warrant in accordance with section 32 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 32 9 a or b the person must modify the warrant by removing that factor 5 In this section “senior official” has the same meaning as in section 36 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 2 But subsection 1 does not apply where— a the modification is made by virtue of section 36 3 or b any of sections 27 to 30 applies in relation to the making of the modification 3 Where a major modification is made by a senior official in accordance with section 36 1 or section 37 6 a ii 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 modification and the reasons for making it 4 In this section “senior official” has the same meaning as in section 36 39 Approval of major modifications made in urgent cases 1 This section applies where a person makes a major modification of a warrant under this Chapter by virtue of section 36 3 2 This section also applies where— a section 28 29 or 30 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 a Judicial Commissioner and 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 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 “designated senior 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 and “senior official” has the same meaning as in section 36 5 The appropriate person must before the end of the relevant period— a decide whether to approve the decision to make the modification and 10 15 20 25 30 35 40 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 33 b notify the person of the appropriate person’s decision “The relevant period” means the period ending with the third working day after the day on which the modification was made 6 7 8 40 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— 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 personally of the matters mentioned in paragraph a i and ii If the appropriate person 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 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 and in a case falling within subsection 2 above section 24 5 does not apply in relation to the refusal to approve the decision 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— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 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— 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 3 4 In subsection 2 a “relevant grounds” means— a in the case of a warrant issued by the Secretary of State grounds falling within section 21 b in the case of a warrant issued by the Scottish Ministers grounds falling within section 22 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 5 10 15 20 25 30 35 40 45 34 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 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 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 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 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 41 5 10 15 See also section 41 which imposes a duty to cancel mutual assistance warrants in certain circumstances 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 assistance instrument or an international mutual 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 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— 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 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 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 34 to the appropriate person include in the case of such a warrant references to that senior official 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 5 6 7 8 35 Where a senior official renews a relevant mutual assistance warrant 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 an 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 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 Subsection 7 applies in a case where— a a relevant mutual assistance warrant— i was issued containing the statement set out in subsection 3 b i or ii has been renewed by an instrument containing the statement set out in subsection 5 b i and b the last renewal if any of the warrant was a renewal by a senior official in accordance with subsection 4 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 person must cancel the warrant under section 40 In this section— “the interception subject” in relation to a warrant means the person group of persons or organisation to which the warrant relates “senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service 5 10 15 20 25 30 Implementation of warrants 42 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 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 a 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 35 40 45 36 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant b 4 make arrangements for the service of a copy of the warrant on any such person 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 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 43 and 44 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 b the service of a copy of the warrant with the omission of any schedule contained in the warrant 43 5 10 15 Service of warrants 1 This section applies to the service of warrants under section 42 3 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 4 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 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 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 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 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 and 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 42 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 44 37 Duty of operators to assist with implementation 1 2 A relevant operator that has been served with a copy of a warrant to which section 42 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 This is subject to subsection 4 In this section— “relevant operator” means a postal operator or a telecommunications operator “the intercepting authority” has the same meaning as in section 42 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 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 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 254 technical capability notices for the purposes of subsection 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— 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 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 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 d on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both 5 10 15 20 25 30 35 40 45 38 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 1 — Interception and examination with a warrant 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 CHAPTER 2 5 OTHER FORMS OF LAWFUL INTERCEPTION Interception with consent 45 Interception with the consent of the sender or recipient 1 The interception of a communication is authorised by this section if the sender and the intended recipient of the communication have each consented to its interception 10 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 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 15 Interception for administrative or enforcement purposes 46 Interception by providers of postal or telecommunications services 1 2 3 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 b for any of the purposes in subsection 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 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 telecommunications services 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— 20 25 30 35 40 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception a b 47 39 any telecommunication system by means of which the service is provided or any apparatus attached to such a system Interception by businesses etc for monitoring and record-keeping purposes 1 Conduct is authorised by this section if it is authorised by regulations made 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 constitute a legitimate practice reasonably required for the purpose in connection with the carrying on of any relevant activities see subsection 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 3 4 48 But nothing in any regulations under subsection 2 may authorise the 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 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 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 5 10 15 20 25 Postal services interception for enforcement purposes 1 2 49 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 by an 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 30 35 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 Interception by OFCOM in connection with wireless telegraphy 1 Conduct falling within subsection 2 is authorised by this section if it is carried out by OFCOM for purposes connected with a relevant matter see subsection 3 2 The conduct referred to in subsection 1 is— 40 40 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception a b c 3 4 the interception of a communication in the course of its transmission by means of a telecommunication system the obtaining by or in connection with the interception of information about the sender or recipient or intended recipient of the communication the disclosure of anything obtained by conduct falling within paragraph a or b 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 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 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 “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 50 5 10 15 20 25 Interception in prisons 1 Conduct taking place in a prison is authorised by this section if it is conduct 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 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— 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 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 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception 41 Order Act 1994 and any legalised police cells within the meaning of section 14 of the Prisons Scotland Act 1989 51 Interception in psychiatric hospitals etc 1 2 3 4 5 52 Conduct is authorised by this section if— a it takes place in any hospital premises where high security psychiatric 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 “Relevant direction” means— a a direction under section 4 3A a of the National Health Service Act 2006 or b a direction under section 19 or 23 of the National Health Service Wales Act 2006 Conduct is authorised by this section if— a it takes place in a state hospital and 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 by 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 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 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 In this section— “high security psychiatric services” has the same meaning as in section 4 of the National Health Service Act 2006 “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 5 10 15 20 25 30 35 Interception in immigration detention facilities 1 Conduct taking place in immigration detention facilities is authorised by this 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 “removal centre” “short-term holding facility” and “pre-departure accommodation” have the meaning given by section 147 of the Immigration and Asylum Act 1999 40 45 42 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 2 — Other forms of lawful interception “relevant rules” means— a in the case of a removal centre rules made under section 153 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 5 Interception in accordance with overseas requests 53 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 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 4 5 Condition B is that the interception is carried out in response to a request 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 of State 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 Kingdom— i the person making the request ii the person carrying out the interception 10 15 20 25 30 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 54 35 Safeguards relating to retention and disclosure of material 1 The issuing authority must ensure in relation to every targeted interception warrant or mutual assistance warrant 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 This is subject to subsection 9 40 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 2 3 4 5 6 7 43 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 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 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 21 on which a warrant under Chapter 1 of this Part may be necessary 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 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 by the Public Records Act 1958 or the Public Records Act Northern Ireland 1923 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 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 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 on any of the grounds falling within section 21 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 Where— a a communication which has been intercepted in accordance with a targeted interception warrant or mutual assistance warrant is retained following its examination for purposes other than the destruction of the communication and b it is a communication that contains confidential journalistic material or identifies a source of journalistic information 5 10 15 20 25 30 35 40 45 44 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon as is reasonably practicable 8 9 10 55 Subsection 9 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 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 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 55 In this section— “copy” in relation to material obtained under a warrant means any of the following whether or not in documentary form — 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 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 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 5 10 15 20 25 Safeguards relating to disclosure of material overseas 1 2 The issuing authority must ensure in relation to every targeted interception warrant or mutual assistance warrant issued by that authority 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 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 54 2 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 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 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 45 3 In subsection 2 b “prohibited disclosure” means a disclosure which if made in the United Kingdom would breach the prohibition in section 57 1 4 In this section— “copy” has the same meaning as in section 54 “the issuing authority” means— a the Secretary of State in the case of warrants issued 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 56 5 10 Additional safeguards for items subject to legal privilege 1 This section applies where an item subject to legal privilege which has been intercepted in accordance with a targeted interception warrant or mutual assistance warrant is retained following its examination for purposes other than the destruction of the item 2 The person to whom the warrant is addressed must inform the Investigatory Powers Commissioner of the retention of the item as soon as is reasonably practicable 3 The Investigatory Powers Commissioner may— a direct that the item is destroyed or b impose conditions as to the disclosure or otherwise making available of that item 4 The Investigatory Powers Commissioner— a may require an affected party to make representations about how the Commissioner should exercise any function under subsection 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 57 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 is or was addressed 15 20 25 30 Exclusion of matters from legal proceedings 1 2 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 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 This is subject to Schedule 3 exceptions “Interception-related conduct” means— 35 40 46 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception a b c d e 3 4 5 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 a breach of the prohibition imposed by section 10 restriction on requesting interception by overseas authorities a breach of the prohibition imposed by section 11 restriction on requesting assistance under mutual assistance agreements etc the making of an application by any person for a warrant or the issue of a warrant under Chapter 1 of this Part the imposition of any requirement on any person to provide assistance in giving effect to a targeted interception warrant or mutual assistance warrant The persons referred to in subsection 2 a are— a any person who is an intercepting authority see section 19 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 f any person employed or engaged for the purposes of the business of a postal operator or telecommunications operator 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— 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 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 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— 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 In this section— “Inquiries Act proceedings” means proceedings of an inquiry under the Inquiries Act 2005 “intercepted communication” means any communication intercepted in the course of its transmission by means of a postal service or telecommunication system 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 58 47 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 to— i a warrant under Chapter 1 of this Part or 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 59 3 4 59 This section applies to the following persons— a any person who is an intercepting authority see section 19 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 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 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 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 5 10 15 20 25 Section 58 meaning of “excepted disclosure” 1 For the purposes of section 58 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 4 oversight bodies c subsection 5 legal advisers d subsection 8 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 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 42 5 or in the case of a warrant under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000 “RIPA” section 11 9 of RIPA 30 35 40 48 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 3 But subsection 2 b does not apply in the case of a mutual assistance warrant that is or was addressed to a person falling within section 19 1 h competent authorities of overseas countries or territories 4 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 b in the case of a warrant under Chapter 1 of Part 1 of RIPA a disclosure made to or authorised by the Interception of 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 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 5 Head 3 is— a a disclosure made by a legal adviser— i in contemplation of 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 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 7 6 But a disclosure within Head 3 is not an excepted disclosure if it is made with the intention of furthering a criminal purpose 7 In subsection 5 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 the provisions of that Chapter 8 9 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 by the Secretary of State and ii consists of statistical information of a description specified in the regulations b a disclosure of information that does not relate to any particular warrant under Chapter 1 of this Part or under Chapter 1 of Part 1 of RIPA but relates to any such warrants in general Nothing in this section affects the operation of section 57 which among other things prohibits the making of certain disclosures in for the purposes of or in connection with legal proceedings 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception 60 49 Offence of making unauthorised disclosures 1 A person who fails to comply with section 58 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 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 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 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 5 years or to a fine or to both 3 10 15 20 In proceedings against any person for an offence under this section in respect 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 61 5 25 Part 2 interpretation 1 In this Part— “EU mutual assistance instrument” has the meaning given by section 11 3 “intercepting authority” is to be read in accordance with section 19 “international mutual assistance agreement” has the meaning given by section 11 3 “mutual assistance warrant” has the meaning given by section 16 4 “police force” means any of the following— a any police force maintained under section 2 of the Police Act 1996 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 g the Royal Navy Police h the Royal Military Police i the Royal Air Force Police j the British Transport Police Force 30 35 40 45 50 Investigatory Powers Bill Part 2 — Lawful interception of communications Chapter 3 — Other provisions about interception “relevant content” in relation to a targeted examination warrant has the meaning given by section 16 3 “relevant Scottish application” has the meaning given by section 23 “secondary data” has the meaning given by section 17 and references to obtaining secondary data from a communication are to be read in accordance with that section “targeted examination warrant” has the meaning given by section 16 3 2 3 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 See also— section 262 telecommunications definitions section 263 postal definitions section 264 general definitions section 265 general definitions “journalistic material” etc section 266 index of defined expressions 5 10 15 PART 3 AUTHORISATIONS FOR OBTAINING COMMUNICATIONS DATA Targeted authorisations for obtaining data 62 20 Power to grant authorisations 1 Subsection 2 applies if a designated senior officer of a relevant public 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 investigation or a specific 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 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— i a telecommunication system or ii data derived from a telecommunication system 3 Subsections 1 and 2 are subject to— a section 63 restrictions in relation to internet connection records b section 64 additional restrictions on grant of authorisations 25 30 35 40 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data c d e 4 5 6 7 51 sections 71 and 74 to 76 and Schedule 4 restrictions relating to certain relevant public authorities section 77 requirement to consult a single point of contact and section 78 Commissioner approval for authorisations to identify or confirm journalistic sources 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 or capable of obtaining it— i to obtain the data if not already in possession of it and ii to disclose the data whether already in the person’s possession or subsequently obtained by that person to a person identified by or in accordance with the authorisation or c requiring by notice a telecommunications operator whom the authorised officer believes is or may be in possession of the communications data or capable of obtaining it— i to obtain the data if not already in possession of it and ii to disclose the data whether already in the operator’s possession or subsequently obtained by the operator to a person identified by or in accordance with the authorisation 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 is not an authorised officer or any other conduct by such a person which enables or facilitates the obtaining of the communications data concerned and c may in particular require a telecommunications operator who controls or provides a telecommunication system to obtain or disclose data relating to the use of a telecommunications service provided by another telecommunications operator in relation to that system An authorisation— a may not authorise any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system and b may not authorise an authorised officer to ask or require in the circumstances mentioned in subsection 4 b or c a person to disclose the data to any person other than— i an authorised officer or ii an officer of the same relevant public authority as an authorised officer 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 b for the purpose of preventing or detecting crime or of preventing disorder 5 10 15 20 25 30 35 40 45 52 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data c d e f g h i j 8 9 63 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 in the interests of public safety for the purpose of protecting public health for the purpose of assessing or collecting any tax duty levy or other imposition contribution or charge payable to a government department 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 to assist investigations into alleged miscarriages of justice 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 or for the purpose of exercising functions relating to— i the regulation of financial services and markets or ii financial stability 5 10 15 20 The fact that the communications data which would be obtained in pursuance 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 25 See— a sections 71 and 74 for the meanings of “designated senior officer” and “relevant public authority” b section 85 for the way in which this Part applies to postal operators and postal services 30 Restrictions in relation to internet connection records 1 A designated senior officer of 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 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 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 62 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 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 62 7 but is not the purpose falling within section 62 7 b of preventing or detecting crime and 35 40 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data b 5 6 7 53 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 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 is being used by a person or apparatus whose identity is already known Condition C is that— a the purpose for which the data is to be obtained is the purpose falling within section 62 7 b of preventing or detecting crime b the crime to be prevented or detected is serious crime or other relevant crime and 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 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 is being used by a person or apparatus whose identity is already known 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— 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 sentenced to imprisonment for a term of 12 months or more disregarding any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions or 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 In this Act “internet connection record” means communications data which— a may be used to identify or assist in identifying a telecommunications service to which a communication is transmitted by means of a telecommunication system for the purpose of obtaining access to or running a computer file or computer program and b comprises data generated or processed by a telecommunications operator in the process of supplying the telecommunications service to the sender of the communication whether or not a person 5 10 15 20 25 30 35 40 45 54 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 64 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 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 b the investigation or operation concerned is one where there is an exceptional need 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 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 on the investigation or operation concerned 65 5 10 15 20 Procedure for authorisations and authorised notices 1 2 3 4 An authorisation must specify— a the office rank or position held by the designated senior officer granting it b the matters falling within section 62 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 may be disclosed or how to identify such persons 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 but need not specify the other contents of the notice 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 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 An authorisation must be applied for and granted in writing or if not in writing in a manner that produces a record of its having been applied for or granted 25 30 35 40 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 66 55 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 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 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 designated senior officer considers that the requirements of this Part would not be satisfied in relation to granting an equivalent new authorisation 10 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 15 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 20 A notice given in pursuance of an authorisation and any requirement imposed by the notice — 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 25 7 67 5 Duties of telecommunications operators in relation to authorisations 1 It is the duty of a telecommunications operator on whom a requirement 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 that minimises the amount of data that needs to be processed for the purpose concerned 30 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 35 4 For the purposes of subsection 3 where obligations have been imposed on a telecommunications operator “P” under section 254 maintenance of 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 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 40 56 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data statutory duty under section 45 of the Court of Session Act 1988 or for any other appropriate relief Filtering arrangements for obtaining data 68 Filtering arrangements for obtaining data 1 2 3 4 5 69 The Secretary of State may establish maintain and operate arrangements for the purposes of— 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 in pursuance of an authorisation Arrangements under 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 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 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 Filtering arrangements may in particular involve the generation or use by the Secretary of State of information— 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 mentioned in subsection 4 or 5 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 230 1 of keeping under review the exercise by public authorities of functions under this Part 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 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 5 10 15 20 25 30 35 40 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 2 3 4 5 70 57 The filtering arrangements may be used— a to obtain and disclose communications data in pursuance of an 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 and their temporary retention for that purpose An authorisation must record the designated senior officer’s decision as to— 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 c if the processing of data under the filtering arrangements is authorised the description of data that may be processed A designated senior officer must not grant an authorisation which authorises— a use of the filtering arrangements or b processing under the filtering arrangements unless the condition in subsection 5 is met 2 10 15 20 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 Duties in connection with operation of filtering arrangements 1 5 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— 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 68 1 a is disclosed only to the person to whom the data is to be disclosed 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 arrangements in pursuance of an authorisation is immediately destroyed— 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 The Secretary of State must secure that data other than authorisation data which is retained under the filtering arrangements is disclosed only— a for the purpose mentioned in section 68 1 a b for the purposes of support maintenance oversight operation or administration of the arrangements 25 30 35 40 45 58 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data c d 3 4 5 6 to the Investigatory Powers Commissioner for the purposes of the functions of the Commissioner mentioned in section 68 4 or 5 or otherwise as authorised by law 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 arrangements and b no other persons are permitted to access or use the filtering arrangements except in pursuance of an authorisation or for the purpose mentioned in section 68 1 a 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 of State thinks that it is necessary for the individual to be able to act as mentioned in subsection 3 a 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 any abuse of the power of access and b impose measures to protect against unauthorised or unlawful data retention processing access or disclosure The Secretary of State must— a put in place and maintain procedures including the regular testing 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 Investigatory Powers Commissioner about the functioning of the filtering arrangements during that year 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 Secretary of State believes that significant processing errors 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 that fact immediately to the Investigatory Powers Commissioner 9 In this section “authorisation data” in relation to an authorisation means communications data that is or is to be obtained in pursuance of the authorisation or any data from which that data is or may be derived 5 10 15 20 25 30 35 Relevant public authorities other than local authorities 71 Relevant public authorities and designated senior officers etc 1 Schedule 4 relevant public authorities and designated senior officers etc 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 40 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 3 4 5 6 7 72 59 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 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 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 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 A person who is a designated senior officer of a relevant public authority 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 62 1 a is met in relation to a purpose within one of the paragraphs of section 62 7 specified in the corresponding entry in column 4 of the table 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 entries subsection 6 applies in relation to each entry 5 10 15 20 25 Power to modify section 71 and Schedule 4 1 The Secretary of State may by regulations modify section 71 or Schedule 4 30 2 Regulations under subsection 1 may in particular— a add a public authority to or remove a public authority from the list in 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 restrictions on the circumstances in which or purposes for which such authorisations may be granted by a designated senior officer 35 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 to be a relevant public authority because of regulations under that subsection 40 60 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 73 Certain regulations under section 72 supplementary 1 This section applies to regulations under section 72 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 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 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 may not be made except in accordance with the enhanced affirmative procedure 5 10 15 Local authorities 74 Local authorities as relevant public authorities 1 A local authority is a relevant public authority for the purposes of this Part 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 20 3 A designated senior officer of a local authority may grant an authorisation for obtaining communications data only if section 62 1 a is met in relation to a purpose within section 62 7 b 25 4 The Secretary of State may by regulations amend subsection 2 5 Before making regulations under subsection 4 which amend subsection 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 subsection 5 applies may not be made except in accordance with the enhanced affirmative procedure 7 Sections 75 and 76 impose further restrictions in relation to the grant of authorisations by local authorities 75 30 35 Requirement to be party to collaboration agreement 1 A designated senior officer of a local authority may not grant an authorisation unless— 40 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data a b 61 the local authority is a party to a collaboration agreement whether as a supplying authority or a subscribing authority or both and that collaboration agreement is certified by the Secretary of State having regard to guidance given by virtue of section 80 6 and 7 as being appropriate for the local authority 5 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 authority which is a supplying authority under a collaboration agreement to which the local authority is a party 10 If the local authority is itself a supplying authority under a collaboration agreement with the result that officers of the local authority are permitted to be granted authorisations by a designated senior officer of a subscribing authority the persons within subsection 3 include officers of the local authority 15 4 5 76 In this section “collaboration agreement” “subscribing authority” and “supplying authority” have the same meaning as in section 79 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 78 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 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 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 b at the time when the relevant judicial authority 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 Where on an application under this section the relevant judicial authority 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 c in relation to Northern Ireland a district judge magistrates’ courts in Northern Ireland 20 25 30 35 40 62 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 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 Additional protections 77 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 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 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 for authorisations or ii designated senior officers of the relevant public authority about granting authorisations 5 6 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 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— 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 d any issues as to the lawfulness of the proposed authorisation 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 reasonably practical to obtain the data sought in 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 disclosing the data c any unintended consequences of the proposed authorisation and 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data d 7 8 78 63 any issues as to the lawfulness of the proposed authorisation A person acting as a single point of contact may also provide advice about— a whether requirements imposed by virtue of an authorisation have 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 Nothing in this section prevents a person acting as a single point of contact from also applying for or being granted an authorisation or in the case of a designated senior officer granting an authorisation 5 10 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 data for 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 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 5 6 7 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 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 In considering whether the position is as mentioned in subsection 5 a and 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 source of journalistic information 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 15 20 25 30 35 40 64 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data Collaboration agreements 79 Collaboration agreements 1 A collaboration agreement is an agreement other than a police collaboration 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 subscribing authority” for the purposes of the subscribing authority’s functions under this Part and b either— i a designated senior officer of the supplying authority is permitted to grant authorisations to officers of the subscribing 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 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 single points of contact 3 In a case falling within subsection 1 b i — a section 62 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 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 b section 64 3 d has effect as if the reference to the relevant public authority concerned were a reference to both authorities c this Part has effect as if the designated senior officer of the supplying authority had the power to grant an authorisation to officers of the subscribing authority and had other functions in relation to the authorisation which were the same as and subject to no greater or lesser restrictions than the power and other functions which the designated senior officer of the subscribing authority who would otherwise have dealt with the authorisation would have had and d section 76 1 applies to the authorisation as if it were granted by a designated senior officer of the subscribing authority 4 In a case falling within subsection 1 b ii — a section 62 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 same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority and 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data b 5 6 80 65 section 64 3 d has effect as if the reference to the relevant public authority concerned were a reference to both authorities In a case falling within subsection 1 b iii section 77 4 b has effect as if the references to the relevant public authority were references to the subscribing authority 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 reference 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 5 10 Collaboration agreements supplementary 1 A collaboration agreement may provide for payments to be made between parties to the agreement 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— 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 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 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 81 15 20 25 30 35 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 for the purposes of a collaborating police force’s functions under this Part and b under the terms of the agreement— i a designated senior officer of force 1 is permitted to grant authorisations to officers of the collaborating police force 40 66 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data ii iii officers of force 1 are permitted to be granted authorisations by a designated senior officer of the collaborating police force or officers of force 1 act as single points of contact for officers of the 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 single points of contact 5 3 In a case falling within subsection 1 b i — a section 62 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 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 b section 64 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 and c this Part has effect as if the designated senior officer of force 1 had the power to grant an authorisation to officers of the collaborating police force and had other functions in relation to the authorisation which were the same as and subject to no greater or lesser restrictions than the power and other functions which the designated senior officer of the collaborating police force who would otherwise have dealt with the authorisation would have had 10 4 In a case falling within subsection 1 b ii — a section 62 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 the same relevant public authority as an authorised officer included a reference to an officer of the collaborating police force and b section 64 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 5 In a case falling within subsection 1 b iii section 77 4 b has effect as if the references to the relevant public authority were references to the collaborating police force 6 In this section— “collaborating police force” in relation to a police collaboration 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 b the metropolitan police force or c the City of London police force 15 20 25 30 35 40 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data 67 “police collaboration agreement” has the same meaning as in section 79 see subsection 6 of that section and references in this section to an England and Wales police force or a police force include the National Crime Agency and references to the chief officer of police include the Director General of the National Crime Agency 5 Further and supplementary provision 82 Lawfulness of conduct authorised by this Part 1 2 3 83 Conduct is lawful for all purposes if— 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 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 reasonably undertaken in connection with conduct that is lawful by virtue of subsection 1 and b is not itself conduct for which an authorisation or warrant— i is capable of 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 The enactments referred to in subsection 2 b i are— a an enactment contained in this Act 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 Intelligence Services Act 1994 warrants for the intelligence services 10 15 20 25 30 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— 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 if 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 contained in any notice requiring the operator to disclose the data or otherwise 3 A person guilty of an offence under this section is liable— 35 40 68 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data a b c d 84 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 ii to a fine or to both 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 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 on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both 5 10 15 Certain transfer and agency arrangements with public authorities 1 The Secretary of State may by regulations provide for— a any function under sections 68 to 70 which is exercisable by the Secretary of State to be exercisable instead by another public authority or b any function under sections 68 to 70 which is exercisable by a public authority by virtue of paragraph a to be exercisable instead by the Secretary of State 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 Secretary of State’s responsibility for the exercise of the functions concerned 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 85 20 25 30 35 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 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 40 45 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data d e 86 69 sections 62 3 a and 63 were omitted and 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 263 3 ” Extra-territorial application of Part 3 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 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 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 c by notifying the person by such other means as the authorised officer considers appropriate which may include notifying the person orally 4 5 87 In determining for the purposes of subsection 3 of section 67 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 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 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 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 67 1 or 2 may apply 5 10 15 20 25 30 35 Part 3 interpretation 1 In this Part— “authorisation” means an authorisation under section 62 including that section as modified by sections 79 and 81 “designated senior officer”— a in relation to a relevant public authority which is a local authority has the meaning given by section 74 2 and b in relation to any other relevant public authority has the meaning given by section 71 3 “filtering arrangements” means any arrangements under section 68 1 40 45 70 Investigatory Powers Bill Part 3 — Authorisations for obtaining communications data “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 71 2 or 74 1 2 3 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 local 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 g a district council in Northern Ireland See also— section 262 telecommunications definitions section 263 postal definitions section 264 general definitions section 266 index of defined expressions 5 10 15 20 PART 4 RETENTION OF COMMUNICATIONS DATA General 88 Powers to require retention of certain data 1 2 The Secretary of State may by notice a “retention notice” and subject as follows require a telecommunications operator to retain relevant communications data if— a 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 62 7 purposes for which communications data may be obtained and b the decision to give the notice has been approved by a Judicial Commissioner A retention notice may— 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 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 25 30 35 40 Investigatory Powers Bill Part 4 — Retention of communications data 3 4 71 A retention notice must not require any data to be retained for more than 12 months beginning with— 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 262 5 the day on which the entity 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 A retention notice must not require an operator who controls or provides a telecommunication system “the system operator” to retain data which— a relates to the use of a telecommunications service provided by another telecommunications operator in relation to that system b is or is capable of being processed by the system operator as a result of being comprised in included as part of attached to or logically associated with a communication transmitted by means of the system as a result of the use mentioned in paragraph a c is not needed by the system operator for the functioning of the system in relation to that communication and d is not retained or used by the system operator for any other lawful purpose and which it is reasonably practicable to separate from other data which is subject to the notice 5 A retention notice which relates to data already in existence when the notice 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 6 A retention notice comes into force— a when the notice is given to the operator or description of operators concerned or b if later at the time or times specified in the notice 7 8 9 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 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 d any other requirements or any restrictions in relation to the retention of the data e the information required by section 250 7 the level or levels of contribution in respect of costs incurred as a result of the notice The requirements or restrictions mentioned in subsection 8 d may 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 5 10 15 20 25 30 35 40 45 72 Investigatory Powers Bill Part 4 — Retention of communications data b requirements or restrictions in relation to the obtaining whether by collection generation or otherwise generation or processing of— i data for retention or ii retained data 10 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 more of the purposes falling within paragraphs a to j of section 62 7 11 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 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 communication is or may be transmitted or e the location of any such system and this expression therefore includes in particular internet connection records Safeguards 89 5 10 15 20 Matters to be taken into account before giving retention notices 1 2 90 Before giving a retention notice the Secretary of State must among 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 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 25 30 Before giving such a notice the Secretary of State must take reasonable steps to consult any operator to whom it relates Approval of retention notices by Judicial Commissioners 1 In deciding whether to approve a decision to give a retention notice a Judicial Commissioner must review the Secretary of State’s conclusions as to whether the requirement to be imposed by the notice to retain relevant communications data is necessary and proportionate for one or more of the purposes falling within paragraphs a to j of section 62 7 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 35 40 Investigatory Powers Bill Part 4 — Retention of communications data 73 with the duties imposed by section 2 general duties in relation to privacy 3 4 91 Where a Judicial Commissioner refuses to approve a decision to give a retention 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 retention notice the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to give the notice Review by the Secretary of State 10 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 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 aspect of the notice so far as it applies to that operator 15 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 20 5 The Secretary of State must review any notice so far as referred to the Secretary of State under subsection 1 6 Before deciding the review the Secretary of State must consult— a the Technical Advisory Board and b a Judicial Commissioner 7 The Board must consider the technical requirements and the financial 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— 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 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 95 or b give a notice under this section to the operator concerned confirming its effect 25 30 35 40 74 Investigatory Powers Bill Part 4 — Retention of communications data 11 But the Secretary of State may vary the notice or give a notice under subsection 10 b confirming its effect only if the Secretary of State’s decision to do so has been approved by the Investigatory Powers Commissioner 12 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 13 The Secretary of State must keep a retention notice under review whether or not referred under subsection 1 92 5 Approval of notices following review under section 91 1 2 3 93 In deciding whether to approve a decision to vary a retention notice as mentioned in section 91 10 a or to give a notice under section 91 10 b confirming the effect of a retention notice the Investigatory Powers Commissioner must review the Secretary of State’s conclusions as to whether the requirement to be imposed by the notice as varied or confirmed to retain relevant communications data is necessary and proportionate for one or more of the purposes falling within paragraphs a to j of section 62 7 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 1 with a sufficient 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 Where the Investigatory Powers Commissioner refuses to approve a decision to vary a retention notice as mentioned in section 91 10 a or to give a notice under section 91 10 b confirming the effect of a retention notice the Investigatory Powers Commissioner must give the Secretary of State written reasons for the refusal 10 15 20 25 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 the 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 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 30 2 A telecommunications operator who retains relevant communications data by virtue of this Part must destroy the data if the retention of the data ceases to be authorised by virtue of this Part and is not otherwise authorised by law 40 3 The destruction of the data may take place at such monthly or shorter intervals as appear to the operator to be practicable 35 Investigatory Powers Bill Part 4 — Retention of communications data 94 75 Disclosure of retained data A telecommunications operator must put in place adequate security systems 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 5 Variation or revocation of notices 95 Variation or revocation of notices 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 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 relevant communications data unless— a 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 62 7 and b subject to subsection 6 the decision to vary the notice has been approved by a Judicial Commissioner 5 The fact that additional relevant communications data which would be 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 62 7 6 Subsection 4 b does not apply to a variation to which section 91 11 applies 7 Section 88 2 and 5 apply in relation to a retention notice as varied as they 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 8 Sections 88 3 4 and 8 96 and 98 and subsections 1 4 13 and 16 of this section apply in relation to a retention notice as varied as they apply in relation to a retention notice 9 Section 89 applies in relation to the making of a variation as it applies in relation to the giving of a retention notice and accordingly the references to the notice in section 89 1 a to e are to be read as references to the variation 10 Section 90 applies in relation to a decision to vary to which subsection 4 b above applies as it applies in relation to a decision to give a retention notice and accordingly the reference in subsection 1 of that section to the requirement to be imposed by the notice is to be read as a reference to the requirement to be imposed by the variation 10 15 20 25 30 35 40 76 Investigatory Powers Bill Part 4 — Retention of communications data 11 Section 91 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 12 Section 92 applies in relation to a decision under section 91 10 to vary or confirm a variation as it applies in relation to a decision to vary or confirm a retention notice and accordingly the reference in subsection 1 of that section to the requirement to be imposed by the notice as varied or confirmed is to be read as a reference to the requirement to be imposed by the variation as varied or confirmed 13 The Secretary of State may revoke whether wholly or in part a retention notice 14 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 15 A revocation comes into force— a when notice of it is given or published in accordance with subsection 14 or b if later at the time or times specified in the notice of revocation 16 The fact that a retention notice has been revoked in relation to a particular description of communications data and a particular operator or description 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 96 5 10 15 20 25 Enforcement of notices and certain other requirements and restrictions 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 93 or 94 to comply with the requirement or restriction 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 retention 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 duty under section 45 of the Court of Session Act 1988 or for any other appropriate relief 30 35 40 Investigatory Powers Bill Part 4 — Retention of communications data 77 Further and supplementary provision 97 Application of Part 4 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 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 d in section 88 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 paragraph c of the definition of “communications data” in section 263 3 the day on which the person concerned leaves the postal service concerned or if earlier the day on which the data is changed ” e for section 88 4 there were substituted— “ 4 f 98 A retention notice must not require an operator who provides a postal service “the network operator” to retain data which— a relates to the use of a postal service provided by another postal operator in relation to the postal service of the network operator b is or is capable of being processed by the network operator as a result of being comprised in included as part of attached to or logically associated with a communication transmitted by means of the postal service of the network operator as a result of the use mentioned in paragraph a c is not needed by the network operator for the functioning of the network operator’s postal service in relation to that communication and d is not retained or used by the network operator for any other lawful purpose and which it is reasonably practicable to separate from other data which is subject to the notice ” and in section 88 11 the words from “and this expression” to the end were omitted 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 93 94 or 96 1 to 3 may relate to conduct outside the United Kingdom and persons outside the United Kingdom 2 But section 96 5 so far as relating to those requirements or restrictions does not apply to a person outside the United Kingdom 5 10 15 20 25 30 35 40 45 78 Investigatory Powers Bill Part 4 — Retention of communications data 99 Part 4 interpretation 1 2 In this Part— “notice” means notice in writing “relevant communications data” has the meaning given by section 88 11 “retention notice” has the meaning given by section 88 1 See also— section 262 telecommunications definitions section 263 postal definitions section 264 general definitions section 266 index of defined expressions 5 10 PART 5 EQUIPMENT INTERFERENCE Warrants under this Part 100 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 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 136 b equipment data see section 101 c any other information 3 4 5 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 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 The reference in subsections 2 and 3 to the obtaining of communications or other information includes doing so by— a monitoring observing or listening to a person’s communications or other activities b recording anything which is monitored observed or listened to A targeted equipment interference 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 conduct for securing the obtaining of communications equipment data or other information 15 20 25 30 35 40 Investigatory Powers Bill Part 5 — Equipment interference b 79 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 6 A targeted equipment interference warrant may not by virtue of subsection 3 authorise or require a person to engage in conduct in relation to a communication other than a stored communication which would unless done with lawful authority constitute an offence under section 3 1 unlawful interception 5 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 10 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 under a bulk equipment interference warrant for examination in breach of the prohibition in section 194 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 means any material obtained under a bulk equipment interference warrant under Chapter 3 of Part 6 other than material which is— a equipment data 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 11 Any conduct which is carried out in accordance with a warrant under this Part is lawful for all purposes 101 1 2 15 20 25 30 Meaning of “equipment data” In this Part “equipment data” means— a systems data b data which falls within subsection 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 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 arising from the fact of the communication or the existence of the item of information or from any data relating to that fact 35 40 45 80 Investigatory Powers Bill Part 5 — Equipment interference 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 264 102 1 2 Subject-matter of warrants 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 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 of 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 purposes 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 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 A targeted examination warrant may relate to any one or more of the following matters— 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 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 5 10 15 20 25 30 35 Power to issue warrants 103 1 Power to issue warrants to intelligence services the Secretary of State 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 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 40 45 Investigatory Powers Bill Part 5 — Equipment interference c d 2 3 4 5 6 81 the Secretary of State considers that satisfactory arrangements made for the purposes of sections 130 and 131 safeguards relating to disclosure etc are in force in relation to the warrant and 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 But the Secretary of State may not issue a targeted equipment interference 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 interference only with 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 targeted equipment interference warrant see section 104 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 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 protected material for examination in breach of the prohibition in section 194 4 prohibition on seeking to identify communications of or private information relating to 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 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 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 104 A warrant is necessary on grounds falling within this subsection if 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 security A warrant may be considered necessary on 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 the British Islands 5 10 15 20 25 30 35 40 45 50 82 Investigatory Powers Bill Part 5 — Equipment interference 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 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 European Communities Act 1972 104 1 2 3 5 10 Power to issue warrants to intelligence services the Scottish Ministers 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 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 by the warrant is proportionate to what is sought to be achieved by that conduct d the Scottish Ministers consider that satisfactory arrangements made for the purposes of sections 130 and 131 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 approved by a Judicial Commissioner 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 of 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 by that conduct d the Scottish Ministers consider that the warrant is or may be necessary to authorise the selection of protected material in breach of the prohibition in section 194 4 prohibition on seeking to identify communications of or private information relating to individuals in 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 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 b or 2 b 15 20 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference 4 105 1 2 3 106 83 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 Power to issue warrants to the Chief of Defence Intelligence 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 in 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 for the purposes of sections 130 and 131 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 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 Decision to issue warrants under sections 103 to 105 to be taken personally by Ministers The decision to issue a warrant under section 103 or 105 must be taken personally by the Secretary of State 2 The decision to issue a warrant under section 104 must be taken personally by a member of the Scottish Government 3 Before a warrant under section 103 104 or 105 is issued it must be signed by the 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 107 1 10 15 20 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 1 5 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 warrant Power to issue warrants to law enforcement officers 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 25 30 35 40 84 Investigatory Powers Bill Part 5 — Equipment interference 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 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 by that conduct c the law enforcement chief considers that satisfactory arrangements made for the purposes of sections 130 and 131 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 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 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 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 c the law enforcement chief considers that satisfactory arrangements made for the purposes of sections 130 and 131 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 warrant has been approved by a Judicial Commissioner 4 5 6 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 For the purposes of this section— 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 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 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 1 a to the purpose of preventing or detecting serious crime includes a reference to the interests of national security 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference 85 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 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 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 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 12 13 14 A law enforcement chief who is the chairman or a deputy chairman of the Independent Police Complaints Commission 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 as part of an investigation by the Commission under Schedule 3 to the Police Reform Act 2002 A law enforcement chief who is the Police Investigations and 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 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 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 iv the British Nationality Hong Kong Act 1997 v the British Overseas Territories Act 2002 vi an instrument made under any of those Acts In this section— “designated customs official” has the same meaning as in Part 1 of the 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 5 10 15 20 25 30 35 40 45 86 Investigatory Powers Bill Part 5 — Equipment interference 108 Restriction on issue of warrants to certain law enforcement officers 1 A law enforcement chief specified in subsection 2 may not issue a targeted equipment interference warrant under section 107 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 of 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 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 Independent Police Complaints Commission i the Police Investigations and Review Commissioner 3 The Director General of the National Crime Agency may not issue a targeted equipment interference warrant on the application of a member of a collaborative police force unless the Director General considers that there is a British Islands connection “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 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— 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 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 warrant may be issued under section 107 whether or not the person who has power to issue the warrant considers that there is a British Islands connection 5 10 15 20 25 30 35 40 Investigatory Powers Bill Part 5 — Equipment interference 87 Approval of warrants by Judicial Commissioners 109 1 2 3 4 5 110 1 Approval of warrants by Judicial Commissioners In deciding whether to approve a person’s decision to issue a warrant under this Part a Judicial Commissioner must review the person’s conclusions as to the following matters— a whether the warrant is necessary on any relevant grounds see subsection 3 and b whether the conduct which would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct 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 with the duties imposed by section 2 general duties in relation to privacy In subsection 1 a “relevant grounds” means— a in the case of a decision to issue a warrant under section 103 grounds falling within section 103 5 b in the case of a decision to issue a warrant under section 104 the purpose of preventing or detecting serious crime c in the case of a decision to issue a warrant under section 105 the interests of national security d in the case of a decision to issue a warrant under section 107 1 the purpose mentioned in section 107 1 a e in the case of a decision to issue a warrant under section 107 3 the purpose mentioned in section 107 3 a Where a Judicial Commissioner refuses to approve a person’s decision to issue a warrant under this Part the Judicial Commissioner must give the person written reasons for the refusal 5 10 15 20 25 30 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 whether to approve the decision to issue the warrant Approval of warrants issued in urgent cases This section applies where— a a warrant under this Part is issued without the approval of a Judicial Commissioner and 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— a decide whether to approve the decision to issue the warrant and b notify the person of the Judicial Commissioner’s decision 35 40 45 88 Investigatory Powers Bill Part 5 — Equipment interference “The relevant period” means the period ending with the third working day after the day on which the warrant was issued 4 5 111 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 and section 109 5 does not apply in relation to the refusal to approve the decision Section 111 contains further provision about what happens if a Judicial Commissioner refuses to approve the decision to issue a warrant 10 Failure to approve warrant issued in urgent case 1 This section applies where under section 110 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 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 secure 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 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 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 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 Commissioner under subsection 3 or 4 8 5 On a review under subsection 7 the Investigatory Powers Commissioner may— a confirm the Judicial Commissioner’s decision or b make a fresh determination 15 20 25 30 35 40 89 Investigatory Powers Bill Part 5 — Equipment interference 9 Nothing in this section or section 110 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 ii anything done that it is not reasonably practicable to stop 5 Additional safeguards 112 1 2 Members of Parliament etc Subsection 3 applies where— a an application is made to the Secretary of State for a targeted 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 Subsection 3 also applies where— a an application is made to the Secretary of 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— 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 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 107 to a law enforcement chief for a targeted 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 5 The law enforcement chief may not issue the warrant without the approval of 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 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 107 4 the reference in subsection 5 to the law enforcement chief is to be read as a reference to the appropriate delegate 8 In this section “member of a relevant legislature” means— 10 15 20 25 30 35 40 90 Investigatory Powers Bill Part 5 — Equipment interference a b c d e 113 1 a member of either House of Parliament a member of the Scottish Parliament a member of the National Assembly for Wales a member of the Northern Ireland Assembly a member of the European Parliament elected for the United Kingdom 5 Items subject to legal privilege Subsections 2 to 5 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— i in the case of a targeted equipment interference warrant to authorise or require interference with 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 10 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 15 3 In deciding whether to issue the warrant the person to whom the application is made must have regard to the public interest in the confidentiality of items subject to legal privilege 20 4 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 case of a targeted examination warrant the selection for examination of items subject to legal privilege and b that the arrangements made for the purposes of section 130 or as the case may be section 192 safeguards relating to retention and disclosure of material include specific arrangements for the handling retention use and destruction of such items 5 But the warrant may not be issued if it is considered necessary only as mentioned in section 103 5 c 6 For the purposes of subsection 4 a there cannot be exceptional and compelling circumstances that make it necessary to authorise or require interference with equipment for the purpose of obtaining or the selection for examination of items subject to legal privilege unless— a the public interest in obtaining the information that would be obtained by the warrant outweighs the public interest in the confidentiality of items subject to legal privilege b there are no other means by which the information may reasonably be obtained and c in the case of a warrant considered necessary for the purposes of preventing or detecting serious crime or as mentioned in section 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference 91 107 3 a obtaining the information is necessary for the purpose of preventing death or significant injury 7 8 9 10 11 12 Subsections 8 and 9 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 c subsections 2 to 5 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 such items 10 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 130 or as the case may be section 192 include specific arrangements for the handling retention use and destruction of items subject to legal privilege 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 Subsections 12 and 13 apply if— a an application is made for a warrant under this Part b the purpose or one of the purposes of the warrant is— i in the case of a targeted equipment interference warrant to authorise or require interference with equipment for the purpose of obtaining communications or other items of information that if they were not communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose would be items subject to legal privilege or ii in the case of a targeted examination warrant to authorise the selection of such communications or other items of information for examination and c the applicant considers that the communications or the other items of information “the targeted communications or other items of information” are likely to be communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose The application must— a contain a statement that the purpose or one of the purposes of the warrant is— i to authorise or require interference with equipment for the purpose of obtaining communications or other items of information that if they were not communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose would be items subject to legal privilege or 15 20 25 30 35 40 45 92 Investigatory Powers Bill Part 5 — Equipment interference ii b 13 114 1 2 in the case of a targeted examination warrant to authorise the selection of such communications or other items of information for examination and set out the reasons for believing that the targeted communications or other items of information are likely to be communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose The person to whom the application is made may issue the warrant only if the person considers that the targeted communications or other items of information are likely to be communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose This section applies if an application is made for a warrant under this Part and the purpose or one of the purposes of the warrant— a in the case of a targeted equipment interference warrant to authorise or require interference with equipment for the purpose of obtaining communications or other items of information which the applicant for the warrant believes will be communications or other items of information containing confidential journalistic material or b in the case of a targeted examination warrant to authorise the selection for examination of journalistic material which the applicant for the warrant believes is confidential journalistic material The application must contain a statement that the purpose or one of the purposes of the warrant is— a in the case of a targeted equipment interference warrant to authorise or require interference with equipment for the purpose of obtaining communications or other items of information which the applicant for the warrant believes will be communications or other items of information containing confidential journalistic material or b in the case of a targeted examination warrant to authorise the selection for examination of journalistic material which the applicant for the warrant believes is confidential journalistic material 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 130 or as the case may be section 192 safeguards relating to retention and disclosure of material include specific arrangements for the handling retention use and destruction of communications or other items of information containing confidential journalistic material 4 For the meaning of “journalistic material” and “confidential journalistic material” see section 265 1 10 Confidential journalistic material 3 115 5 15 20 25 30 35 40 Sources of journalistic information This section applies if an application is made for a warrant under this Part and the purpose or one of the purposes of the warrant is to identify or confirm a source of journalistic information For the meaning of “source of journalistic information” see section 264 1 45 93 Investigatory Powers Bill Part 5 — Equipment interference 2 The application must contain a statement that the purpose or one of the purposes of the warrant is to identify or confirm a source of journalistic information 3 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 130 or as the case may be section 192 safeguards relating to retention and disclosure of material include specific arrangements for the handling retention use and destruction of communications or other items of information that identify sources of journalistic information Further provision about warrants 116 10 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— a in the case of a warrant issued under section 103 or 104 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 105 to the Chief of Defence Intelligence c in the case of a warrant issued under section 107 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 ii is named or described in the warrant 3 5 15 20 25 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 Matter Details to be included in the warrant Equipment belonging to used by or in the possession of a particular person or organisation The name of the person or organisation or a description of the person or organisation Equipment belonging to used by or in the possession of persons who form a group which shares a common purpose or who carry on or may carry on a particular activity A description of the purpose or activity and the name of or a description of as many of the persons as it is reasonably practicable to name or describe 30 35 40 94 Investigatory Powers Bill Part 5 — Equipment interference Matter Details to be included in the warrant Equipment used by or in the possession of 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 Equipment in a particular location A description of the location Equipment in more than one location where the interference is for the purpose of a single investigation or operation A description of the nature of the investigation or operation and a description of as many of the locations as it is reasonably practicable to describe Equipment which is being or may be used for the purposes of a particular activity or activities of a particular description A description of particular activity activities Equipment which is being or may be used to test maintain or develop capabilities relating to interference with equipment A description of the nature of the testing maintenance or development of capabilities Equipment which is being or may be used for the training of persons who carry out or are likely to carry out interference with equipment A description of the nature of the training the or 4 A targeted equipment interference warrant must also describe— 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 the details specified in the second column 5 10 15 20 25 30 35 40 95 Investigatory Powers Bill Part 5 — Equipment interference Matter A particular organisation 117 1 2 3 person Details to be included in the warrant or The name of the person or organisation or a description of the person or organisation 5 A group of persons who share a common purpose or who carry on or may carry on a particular activity A description of the purpose or activity and the name of or a description of as many 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 The testing maintenance or development of capabilities relating to the selection of protected material for examination A description of the nature of the testing maintenance or development of capabilities 20 The training of persons who carry out or are likely to carry out the selection of protected material for examination A description of the nature of the training 25 Duration of warrants 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 118 or b it is cancelled or otherwise ceases to have effect before the end of that period see sections 110 and 126 10 15 30 35 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 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 the day at the end of which the warrant would have ceased to have effect if it had not been renewed 40 For the purposes of subsection 2 a a warrant is an “urgent warrant” if— 45 96 Investigatory Powers Bill Part 5 — Equipment interference a b 118 the warrant was issued without the approval of a Judicial Commissioner and the person who decided to issue the warrant considered that there was an urgent need to issue it Renewal of warrants 1 If the renewal conditions are met a warrant issued under this Part may 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 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 necessary to authorise the selection of protected material for examination in breach of the prohibition in section 194 4 and d that the decision to renew the warrant has been approved by a Judicial Commissioner 3 4 5 The appropriate person is— a in the case of a warrant issued under section 103 or 105 the Secretary of State b in the case of a warrant issued under section 104 a member of the Scottish Government c in the case of a warrant issued under section 107 by a law enforcement 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 In subsection 2 a “relevant grounds” means— a in the case of a warrant issued under section 103 grounds falling within section 103 5 b in the case of a warrant issued under section 104 the purpose of preventing or detecting serious crime c in the case of a warrant issued under section 105 the interests of national security d in the case of a warrant to be issued under section 107 1 the purpose mentioned in section 107 1 a or e in the case of a warrant to be issued under section 107 3 the purpose mentioned in section 107 3 a “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 the end of which the warrant would otherwise cease to have effect 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference 97 6 The decision to renew a warrant issued under section 103 or 105 must be taken 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 104 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 8 The instrument renewing a warrant issued under section 107 must be signed by the person who renews it 9 Section 109 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 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 112 to 115 additional safeguards 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 11 In this section— “relevant period” has the same meaning as in section 117 “urgent warrant” is to be read in accordance with subsection 3 of that section 119 1 2 3 5 10 15 20 Modification of warrants issued by the Secretary of State or Scottish Ministers The provisions of a warrant issued under section 103 104 or 105 may be modified at any time by an instrument issued by the person making the modification The only modifications which may be made under this section are— a adding to the matters to which the warrant relates see section 102 1 and 2 by including the details required in relation to that matter by section 116 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 in accordance with section 116 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 116 3 or 5 e adding to the descriptions of types of equipment included in the warrant in accordance with section 116 4 a f varying or removing a description of a type of equipment included in the warrant in accordance with section 116 4 a But— a where a targeted equipment interference warrant relates only to a matter specified in section 102 1 a only to a matter specified in section 102 1 d or only to both such matters the details included in the warrant in accordance with section 116 3 may not be modified 25 30 35 40 45 98 Investigatory Powers Bill Part 5 — Equipment interference b where a targeted examination warrant relates only to a matter specified in section 102 2 a the details included in the warrant in accordance with section 116 5 may not be modified 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 121 7 5 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 6 120 1 2 5 10 Sections 120 to 123 contain further provision about making modifications under this section Persons who may make modifications under section 119 The persons who may make modifications under section 119 of a warrant are subject to subsection 2 — a in the case of a warrant issued by the Secretary of State under section 103 or 105— i the Secretary of State or 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 104— i a member of the Scottish Government or ii a senior official acting on behalf of the Scottish Ministers Any of the following persons may also make modifications under section 119 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 the person mentioned in paragraph a Section 123 contains provision about the approval of modifications made in urgent cases 3 Subsection 2 is subject to section 121 4 and 5 special rules where any of sections 112 to 115 applies in relation to the making of a modification under section 119 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— 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 intelligence service of equivalent seniority to such a person 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 15 20 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference 121 1 2 99 Further provision about modifications under section 119 A modification other than a modification removing any matter name or description may be made under section 119 only if the person making the modification considers— a that the modification is necessary on any relevant grounds see subsection 2 and b that the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct In subsection 1 a “relevant grounds” means— a in the case of a warrant issued under section 103 grounds falling within section 103 5 b in the case of a warrant issued under section 104 the purpose of preventing or detecting serious crime c in the case of a warrant issued under section 105 the interests of national security 3 Sections 112 to 115 additional safeguards apply in relation to the making of a modification to a warrant under section 119 other than a modification removing any matter name or description as they apply in relation to the issuing of a warrant 4 Where section 112 applies in relation to the making of a modification— a the modification must be made by the Secretary of State and b the modification has effect only if the decision to make the modification has been approved by a Judicial Commissioner 5 Where section 113 114 or 115 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 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 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 7 In a case where any of sections 112 to 115 applies in relation to the making of a modification section 109 approval of warrants by Judicial Commissioners 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 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 123 contains provision about the approval of modifications made in urgent cases If in a case where any of sections 112 to 115 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 5 10 15 20 25 30 35 40 45 100 Investigatory Powers Bill Part 5 — Equipment interference member of the Scottish Government in accordance with section 119 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 8 122 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 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 As soon as is reasonably practicable after a person makes a modification of a warrant under section 119 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 in the warrant in accordance with section 116 3 to 5 b the modification is made by virtue of section 120 2 or c any of sections 112 to 115 applies in relation to the making of the modification 123 10 Notification of modifications 1 3 5 15 20 Where a modification is made by a senior official in accordance with section 120 1 or section 121 5 a ii 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 modification and the reasons for making it Approval of modifications under section 119 made in urgent cases 1 This section applies where a person makes a modification of a warrant by virtue of section 120 2 2 This section also applies where— a section 113 114 or 115 applies in relation to the making of a modification under section 119 b the person making the modification does so without the approval of a Judicial Commissioner and 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 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 “designated senior 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 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference 5 6 7 8 101 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 “The relevant period” means the period ending with the third working day after the day on which the modification was made 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— 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 personally of the matters mentioned in paragraph a i and ii 15 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 in the process of being done under the warrant by virtue of the modification stops as soon as possible 25 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 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 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 1 10 If the appropriate person 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 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 and in a case falling within subsection 2 above section 109 5 does not apply in relation to the refusal to approve the decision 9 124 5 20 30 35 40 Modification of warrants issued by law enforcement chiefs The provisions of a warrant issued under section 107 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 b if the warrant was issued by an appropriate delegate by that person 45 102 2 Investigatory Powers Bill Part 5 — Equipment interference The only modifications which may be made under this section are— a adding to the matters to which the warrant relates see section 102 1 and 2 by including the details required in relation to that matter by section 116 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 in accordance with section 116 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 116 3 or 5 e adding to the descriptions of types of equipment included in the warrant in accordance with section 116 4 a f varying or removing a description of a type of equipment included in the warrant in accordance with section 116 4 a 5 10 15 3 But where a warrant relates only to a matter specified in section 102 1 a only to a matter specified in section 102 1 d or only to both such matters the details included in the warrant in accordance with section 116 3 may not be modified 4 A modification may be made only if— 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 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 20 5 In subsection 4 a “relevant grounds” means— a in the case of a warrant issued under section 107 1 the purpose mentioned in section 107 1 a b in the case of a warrant issued under section 107 3 the purpose mentioned in section 107 3 a 30 6 The decision to make any modification must be taken personally by the person making the modification and the instrument making the modification must be signed by that person 35 7 Section 109 approval of warrants by Judicial Commissioners applies in relation to a decision to make a modification of a warrant issued under section 107 as it applies in relation to a decision to issue such 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 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 8 Sections 112 to 115 additional safeguards apply in relation to the making of a modification to a warrant under this section other than a modification removing any matter name or description as they apply in relation to the issuing of a warrant 25 40 45 Investigatory Powers Bill Part 5 — Equipment interference 9 10 11 125 1 103 In the application of section 112 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 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” Where section 112 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 making the modification considers that there is an urgent need to make it” were omitted 10 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 Approval of modifications under section 124 in urgent cases This section applies where— a a modification is made under section 124 without the approval of a Judicial Commissioner and b the person who made the modification considered that there was an 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 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 modification was made 4 5 If the Judicial Commissioner refuses to approve the decision to make the modification— 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 of being done under the warrant by virtue of that modification stops as soon as possible and section 109 5 does not apply in relation to the refusal to approve the decision 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 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 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 15 20 25 30 35 40 45 104 7 126 Investigatory Powers Bill Part 5 — Equipment interference 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— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop Cancellation of warrants 1 Any of the appropriate persons may cancel a warrant issued under this Part at any time 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 the person must cancel the warrant 3 4 5 In subsection 2 a “relevant grounds” means— a in the case of a warrant issued under section 103 grounds falling within section 103 5 b in the case of a warrant issued under section 104 the purpose of preventing or detecting serious crime c in the case of a warrant issued under section 105 the interests of national security d in the case of a warrant issued under section 107 1 the purpose mentioned in section 107 1 a e in the case of a warrant issued under section 107 3 the purpose mentioned in section 107 3 a 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 103 or 105 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 under section 104 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 107 by a law enforcement 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 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 10 15 20 25 30 35 40 45 105 Investigatory Powers Bill Part 5 — Equipment interference Implementation of warrants 127 1 Implementation of warrants 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 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 targeted equipment interference warrant the implementing authority may— 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 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 targeted equipment interference warrant includes any disclosure to the implementing authority or to persons acting on that person’s behalf of material obtained under the warrant 5 128 The references in subsections 2 and 3 and sections 128 and 129 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 b the service of a copy of the warrant with the omission of any schedule contained in it 5 10 15 20 25 Service of warrants 1 This section applies to the service of warrants under section 127 2 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 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 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 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 to someone acting on the person’s behalf at a place in the United Kingdom but this is subject to subsection 4 30 35 40 45 106 4 Investigatory Powers Bill Part 5 — Equipment interference 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 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 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 127 129 10 Duty of telecommunications operators to assist with implementation 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 103 or 105 or by the Scottish Ministers under section 104 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 2 A telecommunications operator that has been served with a copy of a targeted equipment interference warrant issued under section 107 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 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 5 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 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 b the steps are proportionate to what is sought to be achieved by them 5 A telecommunications operator is not required to take any steps which it is not reasonably practicable for the telecommunications operator to take 6 Where obligations have been imposed on a telecommunications operator “P” under section 254 technical capability notices for the purposes of subsection 5 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 15 20 25 30 35 40 45 107 Investigatory Powers Bill Part 5 — Equipment interference 7 The duty imposed by subsection 1 or 2 is enforceable against a person 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 Supplementary provision 130 1 2 3 5 Safeguards relating to retention and disclosure of material The issuing authority must ensure in relation to every targeted equipment interference warrant 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 This is subject to subsection 10 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 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 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 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 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 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 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 grounds 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 10 15 20 25 30 35 40 45 108 Investigatory Powers Bill Part 5 — Equipment interference b 7 8 9 its retention is not necessary for any of the purposes mentioned in paragraphs b to e of subsection 3 above In subsections 3 and 6 “relevant grounds” means— a in relation to a warrant issued under section 103 grounds falling within section 103 5 b in relation to a warrant issued under section 104 the purpose of preventing or detecting serious crime c in relation to a warrant issued under section 105 the interests of national security d in the case of a warrant issued under section 107 1 the purpose mentioned in section 107 1 a e in the case of a warrant issued under section 107 3 the purpose mentioned in section 107 3 a Where— a material obtained under a targeted equipment interference warrant is retained following its examination for purposes other than the destruction of the material and b it is material that contains confidential journalistic material or identifies a source of journalistic material the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon as is reasonably practicable Subsection 10 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 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 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 131 11 In this section— “copy” in relation to material obtained under a warrant means any of the following whether or not in documentary form — 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 and “copied” is to be read accordingly “the issuing authority” means— a in the case of a warrant issued under section 103 or 105 the Secretary of State b in the case of a warrant issued under section 104 the Scottish Ministers c in the case of a warrant issued under section 107 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 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference 131 1 2 3 132 109 Safeguards relating to disclosure of material overseas 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 b copies of any such material are given to overseas authorities only if those requirements are met 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 130 2 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 10 In this section— “copy” has the same meaning as in section 130 “issuing authority” also has the same meaning as in that section “overseas authorities” means authorities of a country or territory outside the United Kingdom 15 Additional safeguards for items subject to legal privilege 1 This section applies where an item subject to legal privilege is retained for purposes other than the destruction of the item following its examination under a warrant issued under this Part 2 The person to whom the warrant is addressed must inform the Investigatory Powers Commissioner of the retention of the item as soon as is reasonably practicable 3 The Investigatory Powers Commissioner may— a direct that the item is destroyed or b impose conditions as to the disclosure or otherwise making available of that item 4 The Investigatory Powers Commissioner— a may require an affected party to make representations about how the Commissioner should exercise any function under subsection 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 5 133 5 Each of the following is an “affected party” for the purposes of subsection 4 — a the issuing authority within the meaning given by section 130 11 b the person to whom the warrant is or was addressed 20 25 30 35 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 to a warrant under this Part and 40 110 Investigatory Powers Bill Part 5 — Equipment interference b 3 4 134 1 2 3 4 the disclosure is not an excepted disclosure see section 134 This section applies to the following persons— 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 business 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 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 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 in a form which identifies it as having been obtained under a warrant under this Part Section 133 meaning of “excepted disclosure” For the purposes of section 133 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 c subsection 4 legal proceedings d subsection 6 disclosures of a general nature 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 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 127 4 Head 2 is— a a disclosure made to or authorised by a Judicial Commissioner 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 Head 3 is— a a disclosure made— i in contemplation of or in connection with any legal proceedings and ii for the purposes of those proceedings 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 5 — Equipment interference b 111 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 the effect of the provisions of this Part 5 But a disclosure within Head 3 is not an excepted disclosure if it is made with the intention of furthering a criminal purpose 6 Head 4 is— a a disclosure which— i is made by a telecommunications operator in accordance with a requirement imposed by regulations made by the Secretary of State and ii consists of statistical information of a description specified in the regulations b a disclosure of information that does not relate to any particular warrant under this Part but relates to such warrants in general 135 1 2 3 5 10 15 Offence of making unauthorised disclosure A person commits an offence if— a the person discloses any matter in breach of section 133 1 and b the person knew that the disclosure was in breach of that section 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 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— 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 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 In proceedings against any person for an offence under this section in respect 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 20 25 30 35 40 112 136 1 2 Investigatory Powers Bill Part 5 — Equipment interference Part 5 interpretation In this Part— “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 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 “equipment data” has the meaning given by section 101 “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 100 9 “senior official” means— a in the case of a targeted equipment interference warrant which is or may be issued by the Secretary of 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 Senior 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 “targeted examination warrant” has the meaning given by section 100 9 See also— section 262 telecommunications definitions section 264 general definitions section 265 general definitions “journalistic material” etc section 266 index of defined expressions 5 10 15 20 25 30 PART 6 BULK WARRANTS 35 CHAPTER 1 BULK INTERCEPTION WARRANTS Bulk interception warrants 137 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— 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants a b 113 the interception of overseas-related communications see subsection 3 the obtaining of secondary data from such communications see section 138 3 In this Chapter “overseas-related communications” means— a communications sent by individuals who are outside the British Islands or b communications received by individuals who are outside the British Islands 5 4 Condition B is that the warrant 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 following activities— a the interception in the course of their transmission by means of a telecommunication system of communications described in the warrant b the obtaining of secondary data from communications transmitted by means of such a system and described in the warrant 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 10 5 6 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 interception of communications not described in the 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 warrant is addressed to be provided with assistance in giving effect to the warrant c any conduct for obtaining related systems data from any telecommunications operator 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 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 telecommunication system or b any communication from which secondary data is obtained under the warrant 15 20 25 30 35 40 45 114 138 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 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 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 5 3 “Secondary data” in relation to a communication transmitted by means of a 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— 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 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 15 For the meaning of “systems data” and “identifying data” see section 264 25 6 139 1 10 20 Power to issue bulk interception warrants The Secretary of State may on an application made by or on behalf of the head 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 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 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 143 is a purpose for which the examination of intercepted content or secondary data obtained under the warrant is or may be necessary and 30 35 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 115 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 e the Secretary of State considers that satisfactory arrangements made for the purposes of sections 151 and 152 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 to be required to provide assistance in giving effect to the warrant if it is issued the Secretary of State has complied with section 140 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 264 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 security but see subsection 3 3 A warrant may be considered necessary on the ground falling within subsection 2 b 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 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 any 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 140 1 5 10 15 20 25 30 Additional requirements in respect of warrants affecting overseas operators 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 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 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 d the likely cost of complying with any such requirement and 35 40 45 116 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants e 141 1 2 any other effect of the warrant on the operator Approval of warrants by Judicial Commissioners In deciding whether to approve a decision to issue a warrant under section 139 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 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 c whether— i each of the specified operational purposes see section 143 is a purpose for which the examination of intercepted content or secondary data 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 as mentioned in section 139 1 d ii and d any matters taken into account in accordance with section 140 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 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 warrant under section 139 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 139 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 142 10 15 20 25 30 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 by the Secretary of State 2 Before a bulk interception warrant is issued it must be signed by the Secretary of State 143 5 35 Requirements that must be met by warrants 1 A bulk interception warrant must contain a provision stating that it is a bulk 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 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 117 3 A bulk interception warrant must specify the operational purposes for which 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 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 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 139 1 b 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— 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 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 5 10 15 20 25 Duration modification and cancellation of warrants 144 1 2 145 1 Duration of warrants 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 at the end of which the warrant would have ceased to have effect if it had not been renewed 30 35 For provision about the renewal of warrants see section 145 Renewal of warrants If the renewal conditions are met a bulk interception warrant may be renewed at any time during the renewal period by an instrument issued by the Secretary of State This is subject to subsection 6 40 118 2 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 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 139 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— i each of the specified operational purposes see section 143 is a purpose for which the examination of intercepted content 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 that the warrant continues to be necessary and d that the decision to renew the warrant has been approved by a Judicial Commissioner 5 10 15 20 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 25 Section 141 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 30 5 6 146 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 which the Secretary of State considers the warrant to be necessary is to be read as a reference to any grounds falling within section 139 1 b or 2 and c section 141 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 139 1 b or 2 35 40 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 2 The only modifications that may be made under this section are— 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants a b 3 4 119 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 providing that the warrant no longer authorises or requires to 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 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 modification” 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 warrant to be necessary see section 139 1 b 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 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 7 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 8 If at any time a person mentioned in subsection 6 considers that 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 9 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 subsection 10 10 If it is not reasonably practicable for 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 11 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 b the Secretary of State has personally and expressly authorised the making of the modification 5 10 15 20 25 30 35 40 45 120 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 12 Despite section 137 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 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 147 1 2 3 4 148 1 Approval of major modifications by Judicial Commissioners In deciding whether to approve a decision to make a major modification of a bulk interception warrant a Judicial Commissioner must review the Secretary of State’s conclusions as to whether the modification is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary 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 matter 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 10 15 Where a Judicial Commissioner refuses to approve a decision to make a major modification under section 146 the Judicial Commissioner must give the Secretary of State written reasons for the refusal 20 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a decision to make a major modification under section 146 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to make the modification 25 Approval of major modifications made in urgent cases This section applies where— 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 2 The Secretary of State must inform a Judicial Commissioner that 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 “The relevant period” means the period ending with the third working day after the day on which the modification was made 4 5 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 b the person to whom the warrant is addressed must so far as is reasonably practicable secure that anything in the process of being 30 35 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants 121 done under the warrant by virtue of that modification stops as soon as possible and section 147 4 does not apply in relation to the refusal to approve the decision 5 149 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— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 5 10 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 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 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 operational purposes see section 143 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 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 15 20 25 30 Implementation of warrants 150 1 2 Implementation of warrants 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 may require whether under subsection 2 or otherwise to provide the authority with assistance in giving effect to the warrant For the purpose of requiring any person to provide assistance in relation to a bulk interception warrant the implementing authority may— 35 40 122 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants a b serve a copy of the warrant on any person who the implementing authority considers may be able to provide such assistance or 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 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 interception warrant includes any disclosure to the implementing authority or to persons acting on behalf of the implementing authority of anything obtained under the warrant 5 Sections 43 service of warrants and 44 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 43 and 44 as they apply in relation to bulk interception 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 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 5 10 15 20 Restrictions on use or disclosure of material obtained under warrants etc 151 1 2 3 Safeguards relating to retention and disclosure of material 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 b that the requirements of section 153 are met in relation to the intercepted content or secondary data obtained under the warrant This is subject to subsection 8 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 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 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 or on any other grounds falling within section 139 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 25 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants c d e 123 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 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 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 5 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 10 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 15 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 in the interests of national security or on any other grounds falling within section 139 2 and b its retention is not necessary for any of the purposes mentioned in paragraphs b to e of subsection 3 above 20 25 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 8 To the extent that the requirements of subsections 2 and 5 and section 153 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 152 30 9 In this section— “copy” in relation to material obtained under a warrant means any of the following whether or not in documentary form — 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 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 35 40 45 124 152 1 2 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants Safeguards relating to disclosure of material overseas 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 b copies of any such material are given to overseas authorities only if those requirements are met 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 151 2 and 5 and section 153 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 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 in the United Kingdom would breach the prohibition in section 57 1 see section 157 4 In this section— “copy” has the same meaning as in section 151 “overseas authorities” means authorities of a country or territory outside the United Kingdom 153 1 2 3 5 10 15 20 25 Safeguards relating to examination of material For the purposes of section 151 the requirements of this section are met in relation to the intercepted content and secondary data obtained under a warrant if— a the selection of any of the intercepted content or secondary data for examination is 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 and c the selection of any of the intercepted content for examination meets any of the selection conditions see subsection 3 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 the operational purposes specified in the warrant in accordance with section 143 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 The selection conditions referred to in subsection 1 c are— 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants a b c d 4 5 125 that the selection of the intercepted content for examination does not breach the prohibition in subsection 4 that the person to whom the warrant is addressed considers that the selection of the intercepted content for examination would not breach that prohibition that the selection of the intercepted content for examination in breach of that prohibition is authorised by subsection 5 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 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 selection of the intercepted content for examination are 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 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 The selection of intercepted content “the relevant content” for examination is authorised by this subsection if— a criteria referable to an individual have been or are being used for the selection of intercepted content 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 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 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— 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 — “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 b holds a position in the intelligence service 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 5 10 15 20 25 30 35 40 45 126 8 154 1 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants In a case where the selection of intercepted content for examination is 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 Additional safeguards for items subject to legal privilege Subsection 2 applies if in a case where intercepted content obtained under a bulk interception warrant is to be selected for examination— a the selection of the intercepted content for examination meets any of the selection conditions in section 153 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 “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 approved the use of those criteria 3 In deciding whether to give an approval under subsection 2 in a case where subsection 1 b i applies a senior official must have regard to the public interest in the confidentiality of items subject to legal privilege 4 5 6 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 151 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 are exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria For the purposes of subsection 4 b there cannot be exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria unless— a the public interest in obtaining the information that would be obtained by the selection of the intercepted content for examination outweighs the public interest in the confidentiality of items subject to legal privilege b there are no other means by which the information may reasonably be obtained and c obtaining the information is necessary in the interests of national security or for the purpose of preventing death or significant injury Subsection 7 applies if in a case where intercepted content obtained under a bulk interception warrant is to be selected for examination— a the selection of the intercepted content for examination meets any of the selection conditions in section 153 3 a to c b the purpose or one of the purposes of using the criteria to be used for the selection of the intercepted content for examination “the relevant criteria” is to identify communications that if they were not made with the intention of furthering a criminal purpose would be items subject to legal privilege and 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants c 127 the person to whom the warrant is addressed considers that the communications “the targeted communications” are likely to be communications made with the intention of furthering a criminal purpose 7 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 approved the use of those criteria 8 A senior official may give an approval under subsection 7 only if the official considers that the targeted communications are likely to be communications made with the intention of furthering a criminal purpose 9 10 11 12 155 Where an item subject to legal privilege intercepted in accordance with a bulk interception warrant is retained following its examination for purposes other than the destruction of the item 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 151 The Investigatory Powers Commissioner may— a direct that the item is destroyed or b impose conditions as to the disclosure or otherwise making available of that item The Investigatory Powers Commissioner— a may require an affected party to make representations about how the Commissioner should exercise any function under subsection 10 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 Each of the following is an “affected party” for the purposes of subsection 11 — a the Secretary of State b the person to whom the warrant is or was addressed 1 10 15 20 25 30 Additional safeguard for confidential journalistic material Where— a a communication which has been intercepted in accordance with a bulk interception warrant is retained following its examination for purposes other than the destruction of the communication and b it is a communication containing confidential journalistic material 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 151 156 5 35 40 Offence of breaching safeguards relating to examination of material A person commits an offence if— a the person selects for examination any intercepted content or secondary data obtained under a bulk interception warrant 45 128 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants b c 2 3 157 the person knows or believes that the selection of that intercepted content or secondary data for examination does not comply with a requirement imposed by section 153 or 154 and the person deliberately selects that intercepted content or secondary data for examination in breach of that requirement 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 Act 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 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 or to both d on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both No proceedings for any offence which is an offence by virtue of this section may be instituted— 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 Application of other restrictions in relation to warrants 1 Section 57 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 58 to 60 duty not to make unauthorised disclosures apply in relation to bulk interception warrants as they apply in relation to targeted interception warrants but as if the reference in section 59 2 c to a requirement for disclosure imposed by virtue of section 42 5 were a reference to such a requirement imposed by virtue of section 150 4 5 10 15 20 25 30 35 Interpretation 158 1 Chapter 1 interpretation In this Chapter— “intercepted content” in relation to a bulk interception warrant means any content of communications intercepted by an interception authorised or required by the warrant 40 129 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 1 — Bulk interception warrants “overseas-related communications” has the meaning given by section 137 “secondary data” has the meaning given by section 138 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 Service “the specified operational purposes” has the meaning given by section 143 11 2 See also— section 262 telecommunications definitions section 264 general definitions section 265 general definitions “journalistic material” etc section 266 index of defined expressions CHAPTER 2 5 10 15 BULK ACQUISITION WARRANTS Bulk acquisition warrants 159 1 2 Power to issue bulk acquisition warrants 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 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 c the Secretary of State considers that— i each of the specified operational purposes see section 162 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 on any of the grounds on which the Secretary of State considers the warrant to be necessary d the Secretary of State considers that satisfactory arrangements made for the purposes of section 172 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 For the meaning of “head of an intelligence service” see section 264 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 20 25 30 35 40 130 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 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 considered necessary on 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 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 subsection 2 5 10 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— 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 the operator is capable of obtaining or iii to disclose to a person specified in 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 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 15 A bulk acquisition 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 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 addressed to be provided with assistance in giving effect to the warrant 30 7 8 A bulk acquisition warrant may relate to data whether or not in existence at the time of the issuing of the warrant 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 160 1 20 25 35 40 Approval of warrants by Judicial Commissioners In deciding whether to approve a decision to issue a warrant under section 159 a Judicial Commissioner must review the Secretary of State’s conclusions as to the following matters— 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants a b c 2 3 4 161 131 whether the warrant is necessary as mentioned in subsection 1 a of that section whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct and whether— i each of the specified operational purposes see section 162 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 as mentioned in section 159 1 c ii 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 with the duties imposed by section 2 general duties in relation to privacy Where a Judicial Commissioner refuses to approve a decision to issue a warrant under section 159 the Judicial Commissioner must give the Secretary of State written reasons for the refusal 10 15 20 Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a decision to issue a warrant under section 159 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 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 of State 162 5 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 service by whom or on whose behalf the application for the warrant was made 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 purposes” as purposes which they consider are operational purposes for which communications data obtained under bulk acquisition warrants may be selected for examination 25 30 35 40 132 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 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 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 159 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— 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 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 5 10 15 20 Duration modification and cancellation of warrants 163 1 2 164 Duration of warrants 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 it had not been renewed 25 For provision about the renewal of warrants see section 164 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 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— i in the interests of national security or ii on that ground and on any other grounds falling within section 159 2 30 35 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants b c d 133 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 that the Secretary of State considers that— i each of the specified operational purposes see section 162 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 to be necessary on any of the grounds on which the Secretary of State considers that the warrant continues to be necessary and 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 at 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 160 approval of warrants by Judicial Commissioners applies in 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 within section 159 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 159 1 a or 2 and c section 160 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 159 1 a or 2 165 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 warrant as a purpose for which any communications data obtained under the warrant may be selected for examination and b providing that the warrant no longer authorises or requires the carrying out of activities falling within section 159 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 modification” and 5 10 15 20 25 30 35 40 45 134 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants b 4 5 any other modification within that subsection is referred to as a “minor modification” 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 warrant to be necessary see section 159 1 a 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 5 10 6 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 7 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 15 8 If at any time a person mentioned in subsection 6 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 be necessary the person must modify the warrant by removing that operational purpose 20 9 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 subsection 10 10 If it is not reasonably practicable for 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 11 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 b the Secretary of State has personally and expressly authorised the making of the modification 12 166 1 2 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 25 30 35 Approval of major modifications by Judicial Commissioners In deciding whether to approve a decision to make a major modification of a bulk acquisition warrant a Judicial Commissioner must review the Secretary of State’s conclusions as to whether the modification is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary 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 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants b 135 consider the matter 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 make a major modification 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 make a major modification under section 165 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to make the modification 167 1 5 10 Approval of major modifications made in urgent cases This section applies where— 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 15 2 The Secretary of State must inform a Judicial Commissioner that 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 “The relevant period” means the period ending with the third working day after the day on which the modification was made 20 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 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 and section 166 4 does not apply in relation to the refusal to approve the decision 25 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— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 35 5 168 1 Cancellation of warrants 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 30 40 136 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 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 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 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 communications data obtained under the warrant is no longer necessary for any of the specified operational purposes see section 162 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 activities falling within section 159 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 6 A warrant that has been cancelled under this section may not be renewed Implementation of warrants 169 1 2 3 5 10 15 20 Implementation of warrants In giving effect to a bulk acquisition 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 may require whether under subsection 2 or otherwise to provide the authority with assistance in giving effect to the warrant For the purpose of requiring any person to provide assistance in relation to a bulk acquisition warrant the implementing authority may— 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 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 acquisition warrant includes any disclosure to the implementing authority or to persons acting on behalf of the implementing authority of communications data obtained under the warrant 5 References in this section and in sections 170 and 171 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 b the service of a copy of the warrant with the omission of any schedule contained in the warrant 25 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 170 137 Service of warrants 1 This section applies to the service of bulk acquisition warrants under section 169 3 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 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 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 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— 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 and 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 169 171 1 5 10 15 20 25 30 Duty of operators to assist with implementation 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 This is subject to subsection 3 35 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 40 4 Where obligations have been imposed on a telecommunications operator “P” under section 254 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 45 138 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 5 The duty imposed by subsection 1 is enforceable against a person 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 6 In this section “the implementing authority” has the same meaning as in section 169 5 Restrictions on use or disclosure of data obtained under warrants etc 172 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 to the communications data obtained under the warrant and b that the requirements of section 173 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 to the 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 c the extent to which any of the data is copied d the number of copies that are made 3 4 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 or on any other grounds falling within section 159 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 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 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 The arrangements for the time being in force under subsection 1 for securing that the requirements of 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 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 139 5 The requirements of this subsection are met in relation to the communications 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— 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 159 2 and b its retention is not necessary for any of the purposes mentioned in paragraphs b to f of subsection 3 above 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 and section 173 relate to any 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 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 and section 173 will apply to such extent if any as the Secretary of State considers appropriate in relation to such data or copy 10 173 1 2 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 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 5 10 15 20 25 30 35 Safeguards relating to examination of data For the purposes of section 172 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 b the selection of any of the data for examination is necessary and proportionate in all the circumstances 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 with section 162 40 45 140 3 174 1 2 3 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants In subsection 2 “specified in the warrant” means specified in the warrant at the time of the selection of the data for examination Offence of breaching safeguards relating to examination of data A person commits an offence if— a the person selects for examination any communications data obtained under a bulk acquisition warrant b the person knows or believes that the selection of that data for examination does not comply with a requirement imposed by section 173 and c the person deliberately selects that data for examination in breach of that requirement 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 Act 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 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 or to both d on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both No proceedings for any offence which is an offence by virtue of this section may be instituted— 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 5 10 15 20 25 30 35 Supplementary provision 175 1 Offence of making unauthorised disclosure It is an offence for— a a telecommunications operator who is under a duty by virtue of section 171 to assist in giving effect to a bulk acquisition warrant or 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 40 141 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 2 — Bulk acquisition warrants 2 For the purposes of subsection 1 it is in particular a reasonable excuse if 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 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— 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 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 176 1 2 5 10 15 20 Chapter 2 interpretation In this Chapter— “communications data” does not include communications data within the meaning given by section 263 3 “senior official” means— a a member of the Senior Civil Service or b a member of the Senior Management Structure of Her Majesty’s Diplomatic Service “the specified operational purposes” has the meaning given by section 162 11 25 30 See also— section 262 telecommunications definitions section 264 general definitions section 266 index of defined expressions CHAPTER 3 35 BULK EQUIPMENT INTERFERENCE WARRANTS Bulk equipment interference warrants 177 1 Bulk equipment interference warrants general For the purposes of this Act a warrant is a “bulk equipment interference warrant” if— a it is issued under this Chapter 40 142 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants b c 2 3 4 5 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 199 ii equipment data see section 178 iii any other information and the main purpose of the warrant is to obtain one or more of the following— i overseas-related communications ii overseas-related information iii overseas-related equipment data In this Chapter— “overseas-related communications” means— a communications sent by individuals who are outside the British 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 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 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 A bulk equipment interference warrant— 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— i the selection for examination in any manner described in the warrant of any material obtained under the warrant by virtue of paragraph a 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 A bulk equipment interference 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 conduct for securing the obtaining of communications equipment data or other information 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 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 143 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 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 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 178 1 2 In this Chapter “equipment data” means— a systems data b data which falls within subsection 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 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 arising from the fact of the communication or the existence of the item of information or from any data relating to that fact 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 264 1 10 Meaning of “equipment data” 3 179 5 Power to issue bulk equipment interference warrants 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 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 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— 15 20 25 30 35 40 144 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants i each of the specified operational purposes see section 184 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 e the Secretary of State considers that satisfactory arrangements made for the purposes of sections 192 and 193 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 approved by a Judicial Commissioner For the meaning of “head of an intelligence service” see section 264 5 10 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 security but see subsection 3 3 A warrant may be considered necessary on the ground falling within subsection 2 b 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 the British Islands 20 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 office under the Crown 25 180 1 2 15 Approval of warrants by Judicial Commissioners In deciding whether to approve a decision to issue a warrant under section 179 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 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 and c whether— i each of the specified operational purposes see section 184 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 as mentioned in section 179 1 d ii 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 with the duties imposed by section 2 general duties in relation to privacy 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 145 3 Where a Judicial Commissioner refuses to approve a decision to issue a warrant under section 179 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 179 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant 181 1 5 Approval of warrants issued in urgent cases This section applies where— a a warrant under section 179 is issued without the approval of a Judicial Commissioner and b the Secretary of State considered that there was an urgent need to issue it 10 2 The Secretary of State must inform a Judicial Commissioner that it has been issued 15 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 20 4 5 182 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 and section 180 4 does not apply in relation to the refusal to approve the decision Section 182 contains further provision about what happens if a Judicial Commissioner refuses to approve a decision to issue a warrant Failure to approve warrant issued in urgent case 1 This section applies where under section 181 3 a Judicial Commissioner refuses to approve a 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 the warrant stops as soon as possible 3 The Judicial Commissioner may— a authorise further interference with equipment for the purpose of 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 4 25 The Judicial Commissioner— 30 35 40 146 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants a b may require an affected party to make representations about how the Judicial Commissioner should exercise any function under subsection 3 and 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 subsection 4 — a the Secretary of State b the person to whom the warrant was addressed 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— a confirm the Judicial Commissioner’s decision or b make a fresh determination 8 183 Nothing in this section or section 181 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 ii anything done that it is not reasonably practicable to stop 5 10 15 20 Decisions to issue warrants to be taken personally by Secretary of State 1 The decision to issue a bulk equipment interference warrant must be 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 the Secretary of State for that purpose 30 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 35 4 184 25 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 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 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 147 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 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 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 contained in section 179 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— 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 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 5 10 15 20 25 Duration modification and cancellation of warrants 185 1 2 Duration of warrants A bulk equipment interference 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 186 or b it is cancelled or otherwise ceases to have effect before the end of that period see sections 181 and 190 In this section “the relevant period”— a in the case of an urgent 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 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 30 35 40 148 3 186 1 2 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 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 b the person who decided to issue the warrant considered that there was an urgent need to issue it 5 Renewal of warrants 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 by the Secretary of State This is subject to subsection 6 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 179 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— i each of the specified operational purposes see section 184 is a purpose for which the examination of material obtained under the warrant continues to be or may be necessary and ii the examination of 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 Commissioner 10 15 20 25 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 the end of which the warrant would otherwise cease to have effect 30 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 35 5 Section 180 approval of warrants by Judicial Commissioners applies in relation to a decision to renew a bulk equipment interference warrant 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 information— a the renewal condition in subsection 2 a is to be disregarded 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants b c 7 187 149 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 179 1 b or 2 and section 180 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 179 1 b or 2 In this section— “the relevant period” has the same meaning as in section 185 “urgent warrant” is to be read in accordance with subsection 3 of that section 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 the warrant may be selected for examination and b adding varying or removing any description of conduct authorised by the warrant 4 5 10 Modification of warrants 1 3 5 In this section— a a modification adding or varying any operational purpose or 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” A major modification adding or varying any operational purpose— 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 179 1 b A major modification adding or varying any description of conduct— a must be made by the Secretary of State and 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 Secretary of State considers the warrant to be necessary see section 179 1 b and ii that the conduct authorised by the modification is 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 A minor modification may be made by— a the Secretary of State or 15 20 25 30 35 40 45 150 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants b a senior official acting on behalf of the Secretary of State 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 material 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 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 reasonably practicable for 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 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 13 14 188 1 2 Despite section 177 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 equipment data or other information does not prevent the warrant from being a bulk equipment interference warrant 5 10 15 20 25 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 Approval of major modifications by Judicial Commissioners In deciding whether to approve a decision to make a major modification of a bulk equipment interference warrant a Judicial Commissioner must review the Secretary of State’s conclusions as to the following matters— a whether the modification is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary and b in the case of a major modification adding or varying any description of conduct authorised by the warrant whether the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct 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 with the duties imposed by section 2 general duties in relation to privacy 30 35 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 151 3 Where a Judicial Commissioner refuses to approve a decision to make a major modification under section 187 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 make a major modification under section 187 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to make the modification 189 1 Approval of major modifications made in urgent cases 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 b the Secretary of State considered that there was an urgent need to make the modification 2 The Secretary of State must inform a Judicial Commissioner that 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 “The relevant period” means the period ending with the third working day after the day on which the modification was made 4 5 6 5 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 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 and section 188 4 does not apply in relation to the refusal to approve the decision 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 of the modification stops as soon as possible 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— i anything done before that thing could be stopped or ii anything done which it is not reasonably practicable to stop 10 15 20 25 30 35 40 152 190 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants Cancellation of warrants 1 The Secretary of State or a senior official acting on behalf of the Secretary of 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 5 3 The cancellation conditions are— 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 c that the examination of material obtained under the warrant is no longer necessary for any of the specified operational purposes see section 184 10 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 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 soon as possible 6 A warrant that has been cancelled under this section may not be renewed 15 20 Implementation of warrants 191 1 2 Implementation of warrants In giving effect to a bulk equipment interference 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 may require whether under subsection 2 or otherwise to provide the authority with assistance in giving effect to the warrant For the purpose of requiring any person to provide assistance in relation to a 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 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 interference warrant includes any disclosure to the implementing authority or to persons acting on behalf of the implementing authority of material obtained under the warrant 25 30 35 40 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 153 5 Sections 128 service of warrants and 129 duty of telecommunications operators to assist with implementation apply in relation to a bulk equipment interference warrant as they apply in relation to a targeted equipment interference warrant issued under section 103 by the Secretary of State 6 References in this section and in sections 128 and 129 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 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 5 10 Restrictions on use or disclosure of material obtained under warrants etc 192 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 to the material obtained under the warrant and b that the requirements of section 194 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 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 c the extent to which any of the material is copied d the number of copies that are made 3 4 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 or on any other grounds falling within section 179 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 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 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 15 20 25 30 35 40 45 154 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 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 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 179 2 and b its retention is not necessary for any of the purposes mentioned in paragraphs b to e of subsection 3 above 7 8 9 193 1 5 10 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 15 To the extent that the requirements of subsections 2 and 5 and section 194 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 purpose of this section are not required to secure that those requirements are met see instead section 193 20 In this section— “copy” in relation to any material obtained under a warrant means any of the following whether or not in documentary form — 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 and “copied” is to be read accordingly “overseas authorities” means authorities of a country or territory outside the United Kingdom 25 30 Safeguards relating to disclosure of material overseas The Secretary of State must ensure in relation to every bulk 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 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 that requirements corresponding to the requirements of section 192 2 and 5 and section 194 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 3 In this section— “copy” has the same meaning as in section 192 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 155 “overseas authorities” means authorities of a country or territory outside the United Kingdom 194 1 Safeguards relating to examination of material etc For the purposes of section 192 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 examination is carried out only for the specified purposes see subsection 2 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 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 184 In this subsection “specified in the warrant” means specified in the warrant 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 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 of that prohibition is authorised by a targeted examination warrant issued under Part 5 4 5 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 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 It does not matter for the purposes of this subsection whether the identity of the individual is known 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 for 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 of 5 10 15 20 25 30 35 40 45 156 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants c d 6 7 the relevant material for examination would breach the prohibition in subsection 4 since that time a written authorisation to examine the relevant material using those criteria has been given by a senior officer and the selection of the relevant material for examination is made before the end of the permitted period see subsection 7 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 the individual was outside the British Islands was in fact mistaken 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— 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 intelligence service 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 selection of protected material for examination is 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 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 195 1 Additional safeguards for items subject to legal privilege 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 194 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 material for examination “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 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 In deciding whether to give an approval under subsection 2 in a case where subsection 1 b i applies a senior official must have regard to the public interest in the confidentiality of items subject to legal privilege 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants 4 5 6 157 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 192 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 are exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria For the purposes of subsection 4 b there cannot be exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria unless— a the public interest in obtaining the information that would be obtained by the selection of the material for examination outweighs the public interest in the confidentiality of items subject to legal privilege b there are no other means by which the information may reasonably be obtained and c obtaining the information is necessary in the interests of national security or for the purpose of preventing death or significant injury Subsection 7 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 194 3 a to c b 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” is to identify communications or other items of information that if they were not communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose would be items subject to legal privilege and c the person to whom the warrant is addressed considers that the communications or other items of information “the targeted communications or other items of information” are likely to be communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose 7 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 8 A senior official may give an approval under subsection 7 only if the official considers that the targeted communications or other items of information are likely to be communications made or as the case may be other items of information created or held with the intention of furthering a criminal purpose 9 10 Where an item subject to legal privilege is retained for purposes other than the destruction of the item following its examination under a bulk equipment interference warrant 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 bulk equipment interference warrant see section 192 The Investigatory Powers Commissioner may— 5 10 15 20 25 30 35 40 45 158 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants a b 11 12 196 direct that the item is destroyed or impose conditions as to the disclosure or otherwise making available of that item The Investigatory Powers Commissioner— a may require an affected party to make representations about how the Commissioner should exercise any function under subsection 10 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 Each of the following is an “affected party” for the purposes of subsection 11 — a the Secretary of State b the person to whom the warrant is or was addressed 1 2 10 Additional safeguard for confidential journalistic material Where— a material obtained under a bulk equipment interference warrant is retained following its examination for purposes other than the destruction of the material and b it is material containing confidential journalistic material 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 bulk equipment interference warrant see section 192 197 5 15 20 Offence of breaching safeguards relating to examination of material A person commits an offence if— a the person selects for examination any material obtained under a bulk equipment interference warrant b the person knows or believes that the selection of that material does not comply with a requirement imposed by section 194 or 195 and c the person deliberately selects that material in breach of that requirement 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 Act 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 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 30 35 40 45 Investigatory Powers Bill Part 6 — Bulk warrants Chapter 3 — Bulk equipment interference warrants d 3 198 159 ii to a fine not exceeding the statutory maximum or to both on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both No proceedings for any offence which is an offence by virtue of this section may be instituted— 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 5 10 Application of other restrictions in relation to warrants Sections 133 to 135 duty not to make unauthorised disclosures apply in relation to bulk equipment interference warrants as they apply in relation to targeted equipment interference warrants but as if the reference in section 134 2 c to a requirement for disclosure imposed by virtue of section 127 4 were a reference to such a requirement imposed by virtue of section 191 4 15 Interpretation 199 1 2 Chapter 3 interpretation 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 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 “equipment data” has the meaning given by section 178 “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 194 9 “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 184 12 See also— section 262 telecommunications definitions section 264 general definitions section 265 general definitions “journalistic material” etc section 266 index of defined expressions 20 25 30 35 40 160 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants PART 7 BULK PERSONAL DATASET WARRANTS Bulk personal datasets interpretation 200 1 2 Bulk personal datasets interpretation For the purposes of this Part an intelligence service retains a bulk personal dataset if— 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 c after any initial examination of the contents the intelligence service retains the set for the purpose of the exercise of its functions and d the set is held or is to be held electronically for analysis in the exercise of those functions 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 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— 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 any bulk personal dataset described in the warrant 202 1 15 20 Requirement for authorisation by warrant general 1 4 10 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 related to a living individual Requirement for warrant 201 5 Section 202 sets out exceptions to the restrictions imposed by subsections 1 and 2 of this section 25 30 35 Exceptions to section 201 1 and 2 Section 201 1 or 2 does not apply to the exercise of a power of an intelligence 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 40 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 161 2 Section 201 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 any of the information contained in it to be destroyed 3 Sections 211 8 220 8 and 221 5 provide for other exceptions to section 201 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 203 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 that the bulk personal dataset consists of or includes protected data For the meaning of “protected data” see section 204 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— a that the bulk personal dataset consists of or includes health records or b that a substantial proportion of the bulk personal dataset consists of sensitive personal data 3 4 204 1 2 5 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 issues which ought to be considered by the Secretary of State and a Judicial Commissioner on an application by the head of the intelligence service for a specific BPD warrant In subsection 2 — “health records” has the same meaning as in section 207 “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 10 15 20 25 30 Meaning of “protected data” In this Part “protected data” means any data contained in a bulk personal dataset other than data which is one or more of the following— a systems data b data which falls within subsection 2 c data which is not private information The data falling within this subsection is identifying data which— a is contained in the bulk personal dataset b is capable of being logically separated from the bulk personal dataset and c if it were so separated would not reveal anything of what might reasonably be considered to be the meaning if any of any of the data which would remain in the bulk personal dataset or of the bulk personal dataset itself disregarding any meaning arising from the 35 40 45 162 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants existence of that data or as the case may be the existence of the bulk personal dataset or from any data relating to that fact 3 For the meaning of “systems data” see section 264 4 4 In this section “private information” includes information relating to a person’s private or family life 5 Issue of warrants 205 Class BPD warrants 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 b in a case where the intelligence service is seeking authorisation for the examination of bulk personal datasets of that class the operational purposes which it is proposing should be specified in the warrant see section 213 3 4 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 or iii 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 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 that— i each of the specified operational purposes see section 213 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 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 unauthorised disclosure are satisfactory and e the decision to issue the warrant has been approved by a Judicial Commissioner 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 warrant is necessary on grounds falling within subsection 3 a 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 5 206 163 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 Specific BPD warrants 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 specific BPD warrant in the following cases 5 2 Case 1 is where— a the intelligence service is seeking authorisation 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 a class BPD warrant 10 3 4 5 6 Case 2 is where— a the intelligence service is seeking authorisation 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 warrant but either— i the intelligence service is prevented by section 203 1 2 or 3 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 appropriate to seek a specific BPD warrant 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 is seeking authorisation for the examination of the bulk personal dataset the operational purposes which it is proposing should be specified in the warrant see section 213 Where subsection 3 b i applies the application must include an explanation of why the intelligence service is prevented by section 203 1 2 or 3 from retaining or retaining and examining the bulk personal dataset in reliance on a class BPD warrant 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 or iii 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 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 a bulk personal dataset the Secretary of State considers that— i each of the specified operational purposes see section 213 is a purpose for which the examination of the bulk personal dataset is or may be necessary and 15 20 25 30 35 40 45 164 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants ii d e 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 the Secretary of State considers that the arrangements made by the intelligence service for storing the bulk personal dataset and for protecting it from unauthorised disclosure are satisfactory and 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 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 “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 207 1 Additional safeguards for health records 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 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 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 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 6 The application must contain either— a a statement that the head of the intelligence service considers that the bulk personal dataset includes health records or 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 In this section “health record” means a record or a copy of a record which— 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants a b c 7 208 165 consists of information relating to the physical or mental health or condition of an individual was made by or on behalf of a health professional in connection with the care of that individual and 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 professional or a health service body in relation to the record or the copy In subsection 6 — “health professional” has the same meaning as in the Data Protection Act 1998 see section 69 of that Act “health service body” has the meaning given by section 69 3 of that Act 1 2 3 10 Protected data power to impose conditions Where the Secretary of State decides to issue a specific BPD warrant the Secretary of State may impose conditions which must be satisfied before protected data retained in reliance on the warrant may be selected for examination on the basis of criteria which are referable to an individual known to be in the British Islands at the time of the selection 209 5 15 Approval of warrants by Judicial Commissioners 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— a whether the warrant is necessary on grounds falling within section 205 3 a or as the case may be section 206 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 of 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 213 is a purpose for which the examination of bulk personal datasets of that class or as the case may be the bulk personal dataset 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 necessary as mentioned in section 205 3 c ii or as the case may be section 206 6 c ii 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 with the duties imposed by section 2 general duties in relation to privacy 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 20 25 30 35 40 45 166 4 210 1 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants Where a Judicial Commissioner other than the Investigatory Powers Commissioner refuses to approve a decision to issue a class BPD warrant or a specific BPD warrant the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant Approval of specific BPD warrants issued in urgent cases This section applies where— a a specific BPD warrant is issued without the approval of a Judicial 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 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 4 5 211 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 and section 209 4 does not apply in relation to the refusal to approve the decision Section 211 contains further provision about what happens if a Judicial Commissioner refuses to approve a decision to issue a warrant 10 15 20 25 Failure to approve specific BPD warrant issued in urgent case 1 This section applies where under section 210 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 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 b impose conditions as to the use or retention of the whole or part of any such bulk personal dataset 4 5 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 party whether or not as a result of a requirement imposed under paragraph a 30 35 40 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 167 5 Each of the following is an “affected party” for the purposes of subsection 4 — a the Secretary of State b the head of the intelligence service to whom the warrant was addressed 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— 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 201 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 9 Nothing in this section or section 210 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 ii anything done that it is not reasonably practicable to stop 212 10 15 20 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 State 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 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 213 5 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 of the intelligence service by whom or on whose behalf the application for the warrant was made 3 A class BPD warrant must— 25 30 35 40 168 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants a b 4 5 6 include a description of the class of bulk personal datasets to which the warrant relates and 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 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 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 and d where the Secretary of State has imposed conditions under section 208 specify those conditions The operational purposes specified in a class BPD warrant or a specific BPD 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 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 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 205 3 a or as the case may be section 206 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 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 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 5 10 15 20 25 30 35 40 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 169 Duration modification and cancellation 214 1 2 3 4 215 Duration of warrants 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 215 or 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 210 and 219 In this section “the relevant period”— 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 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 For the purposes of subsection 2 a a specific BPD warrant is an “urgent specific BPD warrant” if— 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 5 10 15 20 For provision about the renewal of warrants see section 215 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— a that the Secretary of State considers that the warrant continues to be necessary on grounds falling within section 205 3 a or as the case may be section 206 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 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— i each of the specified operational purposes see section 213 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 the 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 25 30 35 40 45 170 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants d 3 4 that the decision to renew the warrant has been approved by a Judicial Commissioner “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 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 208 protected data power to impose conditions applies in relation to the renewal of a specific BPD warrant as it applies in relation to the issue of such a warrant whether or not any conditions have previously been imposed in relation to the warrant under that section 6 Section 209 approval of warrants by Judicial Commissioner applies in relation to a decision to renew a warrant as it applies in relation to a decision to issue a warrant 7 In this section— “the relevant period” has the same meaning as in section 214 “urgent specific BPD warrant” is to be read in accordance with subsection 3 of that section 216 1 2 3 4 5 10 15 20 Modification of warrants 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 The only modifications which may be made under this section are— 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 any operational purpose specified in the warrant as a purpose for which the bulk personal dataset described in the warrant may be examined In this section— a a modification adding or varying any operational purpose is referred to as a “major modification” and b a modification removing any operational purpose is referred to as a “minor modification” 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 warrant to be necessary see section 205 3 a or as the case may be section 206 6 a 25 30 35 40 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 171 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 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 7 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 8 If at any time a person mentioned in subsection 6 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 or may be necessary the person must modify the warrant by removing that operational purpose 9 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 This is subject to subsection 10 10 If it is not reasonably practicable for 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 11 217 1 2 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 b the Secretary of State has personally and expressly authorised the making of the modification 5 10 15 20 25 Approval of major modifications by Judicial Commissioners In deciding whether to approve a decision to make a major modification of a class BPD warrant or a specific BPD warrant a Judicial Commissioner must review the Secretary of State’s conclusions as to whether the modification is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary 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 matter 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 make a major modification under section 216 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 make a major modification under section 216 the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to make the modification 30 35 40 45 172 218 1 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants Approval of major modifications made in urgent cases 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 b the Secretary of State considered that there was an urgent need to make the modification 5 2 The Secretary of State must inform a Judicial Commissioner that 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 “The relevant period” means the period ending with the third working day after the day on which the modification was made 10 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 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 in reliance on the warrant by virtue of that modification stops as soon as possible and section 217 4 does not apply in relation to the refusal to approve the decision 15 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 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 25 5 219 20 30 Cancellation of warrants 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 the warrant 3 The cancellation conditions are— a that the warrant is no longer necessary on any grounds falling within section 205 3 a or as the case may be section 206 6 a b that the conduct authorised by the warrant is no longer proportionate 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 35 40 45 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 173 personal datasets of that class or as the case may be of the bulk personal dataset is no longer necessary for any of the specified operational purposes see section 213 220 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 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— 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 case may be the retention and examination of 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 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 4 On an application under subsection 2 b the Secretary of State may— 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 appropriate for a period specified by the Secretary of State which may not exceed 3 months In deciding whether to give approval for the purposes of subsection 3 b 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 matter 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 5 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 Commissioner must give the Secretary of State written reasons for the decision 6 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 5 10 15 20 25 30 35 40 45 174 7 8 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 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 5 Where a class BPD warrant or a specific BPD warrant ceases to have effect because it expires without having been renewed or it is cancelled an intelligence service is not to be regarded as in breach of section 201 1 or 2 by virtue of its retention or examination of any material to which the warrant related during any of the following periods 10 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 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 Fourth period Where authorisation under subsection 3 b is given and the head of the intelligence service subsequently makes in accordance with subsection 7 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 under subsection 3 b and ending with the determination of the application for the warrant 15 20 25 Further and supplementary provision 221 1 2 Initial examinations time limits 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 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 of the individuals are not and are unlikely to become of interest to the intelligence service in the exercise of its functions 30 The head of the intelligence service must take the following steps before the end of the permitted period 40 Step 1 35 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 175 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 200 5 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 10 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 15 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 b where the set of information was created outside the United Kingdom 6 months after the day on which it begins 5 222 1 2 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 of section 201 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 b the intelligence service is not to be regarded as in breach of section 201 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 20 25 30 Safeguards relating to examination of bulk personal datasets 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 arrangements are in force for securing that— a any selection of data contained in the datasets or dataset for examination is carried out only for the specified purposes see subsection 2 and b the selection of any such data for examination is necessary and proportionate in all the circumstances The selection of data contained in bulk personal datasets for examination is carried out only for the specified purposes if the data is selected for 35 40 45 176 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants examination only so far as is necessary for the operational purposes specified in the warrant in accordance with section 213 3 4 223 1 2 The Secretary of State must also ensure in relation to every specific BPD warrant which specifies conditions imposed under section 208 that arrangements are in force for securing that any selection for examination of protected data on the basis of criteria which are referable to an individual known to be in the British Islands at the time of the selection is in accordance with the conditions specified in the warrant In this section “specified in the warrant” means specified in the warrant at the time of the selection of the data for examination 5 10 Additional safeguards for items subject to legal privilege examination Subsections 2 and 3 apply if in a case where protected data retained in reliance on a specific BPD warrant is to be selected for examination— a the purpose or one of the purposes of using the criteria to be used for the selection of the data for examination “the relevant criteria” is to identify any items subject to legal privilege or b the use of the relevant criteria is likely to identify such items If the relevant criteria are referable to an individual known to be in the British Islands at the time of the selection the data may be selected for examination using the relevant criteria only if the Secretary of State has approved the use of those criteria 3 In any other case the data 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 4 The Secretary of State may give approval for the purposes of subsection 2 only with the approval of a Judicial Commissioner 5 Approval may be given under subsection 2 or 3 only if— a the Secretary of State or as the case may be the senior official considers that the arrangements mentioned in section 206 6 d include specific arrangements in respect of items subject to legal privilege and b where subsection 1 a applies the Secretary of State or as the case may be the senior official considers that there are exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria 6 In deciding whether to give an approval under subsection 2 or 3 in a case where subsection 1 a applies the Secretary of State or as the case may be the senior official must have regard to the public interest in the confidentiality of items subject to legal privilege 7 For the purposes of subsection 5 b there cannot be exceptional and compelling circumstances that make it necessary to authorise the use of the relevant criteria unless— a the public interest in obtaining the information that would be obtained by the selection of the data for examination outweighs the public interest in the confidentiality of items subject to legal privilege b there are no other means by which the information may reasonably be obtained and 15 20 25 30 35 40 45 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants c 8 9 177 obtaining the information is necessary in the interests of national security or for the purpose of preventing death or significant injury In deciding whether to give approval for the purposes of subsection 4 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 matter 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 Subsections 10 and 11 apply if in a case where protected data retained in reliance on a specific BPD warrant is to be selected for examination— a the purpose or one of the purposes of using the criteria to be used for the selection of the data for examination “the relevant criteria” is to identify data that if the data or any underlying material were not created or held with the intention of furthering a criminal purpose would be an item subject to legal privilege and b the person to whom the warrant is addressed considers that the data “the targeted data” or any underlying material is likely to be data or underlying material created or held with the intention of furthering a criminal purpose 10 If the relevant criteria are referable to an individual known to be in the British Islands at the time of the selection the data may be selected for examination using the relevant criteria only if the Secretary of State has approved the use of those criteria 11 In any other case the data 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 12 Approval may be given under subsection 10 or 11 only if the Secretary of State or as the case may be the senior official considers that the targeted data or the underlying material is likely to be data or underlying material created or held with the intention of furthering a criminal purpose 13 224 1 5 10 15 20 25 30 In this section “underlying material” in relation to data retained in reliance on a specific BPD warrant means any communications or other items of information from which the data was produced Additional safeguards for items subject to legal privilege retention following examination Where an item subject to legal privilege is retained following its examination in reliance on a specific BPD warrant for purposes other than the destruction of the item the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon as is reasonably practicable 2 The Investigatory Powers Commissioner may— a direct that the item is destroyed or b impose conditions as to the disclosure or otherwise making available of that item 3 The Investigatory Powers Commissioner— 35 40 45 178 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants a b 4 225 1 2 3 4 may require an affected party to make representations about how the Commissioner should exercise any function under subsection 2 and 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 subsection 3 — a the Secretary of State b the person to whom the warrant is or was addressed Offence of breaching safeguards relating to examination of material A person commits an offence if— a the person selects for examination any data contained in a bulk personal dataset retained in reliance on a class BPD warrant or a specific BPD warrant b the person knows or believes that the selection of that data is in breach of a requirement specified in subsection 2 and c the person deliberately selects that data in breach of that requirement The requirements specified in this subsection are that any selection for examination of the data— a is carried out only for the specified purposes see subsection 3 b is necessary and proportionate and c if the data is protected data satisfies any conditions imposed under section 208 The selection for examination of the data 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 with section 213 In this subsection “specified in the warrant” means specified in the warrant at the time of the selection of the data for examination 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 Act 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 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 or to both d on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 5 226 1 179 No proceedings for any offence which is an offence by virtue of this section may be instituted— 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 5 Application of Part to bulk personal datasets obtained under this Act 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 201 1 and 2 do not apply by virtue of section 202 1 10 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— 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 5 and c section 202 1 also ceases to apply in relation to the bulk personal dataset 15 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 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 25 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 6 The power conferred by subsection 5 must be exercised to ensure that— a where section 57 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 58 to 60 applied in relation to the bulk personal dataset immediately before the giving of the direction they continue to apply in relation to it with the modification that the reference in section 59 7 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 the approval of a Judicial Commissioner 8 In deciding whether to give approval for the purposes of subsection 7 the Judicial Commissioner must apply the same principles as would be applied by a court on an application for judicial review 20 30 35 40 45 180 Investigatory Powers Bill Part 7 — Bulk personal dataset warrants 9 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 10 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 11 A direction under subsection 3 — a may not be revoked b may be varied but only for the purpose of altering or removing any provision included in the direction under subsection 5 12 Subsections 7 to 10 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 13 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 206 and the Secretary of State may issue such a warrant at the same time as giving the direction 14 In this section “associated regulatory provision” in relation to a power of 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 dataset immediately before the giving of a direction under subsection 3 227 1 2 5 10 15 20 25 Part 7 interpretation In this Part— “class BPD warrant” has the meaning given by section 201 3 a “personal data” has the meaning given by section 200 2 “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 201 3 b “the specified operational purposes” has the meaning given by section 213 12 See also— section 264 general definitions section 266 index of defined expressions 30 35 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 181 PART 8 OVERSIGHT ARRANGEMENTS CHAPTER 1 INVESTIGATORY POWERS COMMISSIONER AND OTHER JUDICIAL COMMISSIONERS The Commissioners 228 1 2 3 4 5 Investigatory Powers Commissioner and other Judicial Commissioners 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 Commissioners 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 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 d the Lord Chief Justice of Northern Ireland 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 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 the Scottish Ministers 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 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 of functions of the Investigatory Powers Commissioner to any other Judicial Commissioner 10 15 20 25 30 35 40 182 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 9 Subsection 8 does not apply to the function of the Investigatory Powers Commissioner of making a recommendation under subsection 4 e or making an appointment under section 248 1 10 The delegation under subsection 8 to any extent of functions by the Investigatory Powers Commissioner does not prevent the exercise of the functions to that extent by that Commissioner 11 Any function exercisable by a Judicial Commissioner or any description of Judicial Commissioners is exercisable by any of the Judicial Commissioners or as the case may be any of the Judicial Commissioners of that description 12 Subsection 11 does not apply to— a any function conferred on the Investigatory Powers Commissioner by name except so far as its exercise by any of the Judicial Commissioners or any description of Judicial Commissioners is permitted by a delegation under subsection 8 or b any function conferred on or delegated under subsection 8 to any other particular named Judicial Commissioner 13 229 References in any enactment— a to a Judicial Commissioner are to be read as including the Investigatory Powers Commissioner and 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 5 10 15 20 Terms and conditions of appointment 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 228 1 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 if after the appointment of the Commissioner— a a bankruptcy order is made against the Commissioner or 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 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 1986 failure to pay under county court administration order 25 30 35 40 45 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 183 iii c d an order under section 429 2 of the Insolvency Act 1986 disabilities on revocation of county court administration order the Commissioner’s disqualification undertaking is accepted under section 7 or 8 of the Company Directors Disqualification Act 1986 or under the Company Directors Disqualification Northern Ireland Order 2002 or the Commissioner is convicted in the United Kingdom the Channel Islands or the Isle of Man of an offence and receives a sentence of imprisonment whether suspended or not 5 10 Main functions of Commissioners 230 1 2 3 Main oversight functions 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— a the interception of communications b the acquisition or retention of communications data c the acquisition of secondary data or related systems data under Chapter 1 of Part 2 or Chapter 1 of Part 6 or d equipment interference Such statutory functions include in particular functions relating to the disclosure retention or other use of— a any content of communications intercepted by an interception authorised or required by a warrant under Chapter 1 of Part 2 or Chapter 1 of Part 6 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 The Investigatory Powers Commissioner must keep under review including 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 253 national security notices 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 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 imposed by section 55 of that Act are sought to be discharged 15 20 25 30 35 40 45 184 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners g h i j 4 the exercise of functions by virtue of the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 surveillance and covert human intelligence sources the exercise of functions under Part 3 of the Police Act 1997 authorisation of action in respect of property 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 the exercise by the Scottish Ministers by virtue of provision made under section 63 of the Scotland Act 1998 of functions under sections 5 and 6 3 and 4 of the Act of 1994 But the Investigatory Powers Commissioner is not to keep under review— 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 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 or ii is carried out in accordance with an order made by a judicial authority for that purpose and is not exercisable by 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 h i or j above e the exercise of any function where the conduct concerned is— i conduct authorised by section 46 48 or 51 or ii conduct authorised by section 47 which is not conduct by or on behalf of an intercepting authority within the meaning given by section 19 1 or f the exercise of any function which is subject to review by the Information Commissioner or the Investigatory Powers Commissioner for Northern Ireland 5 In keeping matters under review in accordance with this section the Investigatory Powers Commissioner must in particular keep under review 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 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 a law enforcement operation 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners b c 8 9 185 compromise the safety or security of those involved or unduly impede the operational effectiveness of an intelligence service a police force a government department or Her Majesty’s forces Subsections 6 and 7 do not apply in relation to any of the following functions of a Judicial Commissioner— a deciding— i whether to serve vary or cancel a monetary penalty notice under section 7 or paragraph 16 of Schedule 1 a notice of intent under paragraph 4 of that Schedule or an information notice under Part 2 of that Schedule or ii the contents of any such notice b deciding whether to approve the issue modification or renewal of a warrant c deciding whether to direct the destruction of material or how otherwise to deal with the situation where— i a warrant issued or modification made for what was considered to be an urgent need is not approved or ii an item subject to legal privilege is retained following its examination for purposes other than the destruction of the item d deciding whether to— i approve the grant modification or renewal of an authorisation or ii quash or cancel an authorisation or renewal e deciding whether to approve— i the giving or varying of a retention notice under Part 4 or a notice under section 253 or 254 or ii the giving of a notice under section 91 10 b or 258 9 b f participating in a review under section 91 or 258 g deciding whether to approve an authorisation under section 220 3 b h deciding whether to give approval under section 223 4 i deciding whether to approve the giving or varying of a direction under section 226 3 j making a decision under section 232 1 k deciding whether to order the destruction of records under section 103 of the Police Act 1997 section 37 of the Regulation of Investigatory Powers Act 2000 or section 15 of the Regulation of Investigatory Powers Scotland Act 2000 l deciding whether to make an order under section 103 6 of the Police Act 1997 order enabling the taking of action to retrieve anything left on property in pursuance of an authorisation m deciding— i an appeal against or a review of a decision by another Judicial Commissioner and ii any action to take as a result In this section— “bulk personal dataset” is to be read in accordance with section 200 “equipment data” has the same meaning as in Part 5 see section 101 5 10 15 20 25 30 35 40 45 186 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners “judicial authority” means a judge court or tribunal or any person exercising the functions of a judge court or tribunal but does not include a Judicial Commissioner “police force” has the same meaning as in Part 2 see section 61 1 “related systems data” has the meaning given by section 16 6 “relevant Minister” means a Minister of the Crown or government department the Scottish Ministers the Welsh Ministers or a Northern Ireland department “secondary data” has the same meaning as in Part 2 see section 17 231 1 2 Additional directed oversight functions 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 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 Subsection 1 does not apply in relation to anything which is required to be kept under review by the Investigatory Powers Commissioner under section 230 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 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 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 232 5 10 15 20 25 30 Error reporting 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 35 2 In making a decision under subsection 1 a the Investigatory Powers 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 40 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 187 3 Accordingly the fact that there has been a breach of a person’s Convention 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 Investigatory Powers Commissioner must in particular consider— a the seriousness of the error and its effect on the person concerned and 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 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 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 to 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 it relates of a relevant error except as provided by this section 8 A report under section 235 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 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 9 233 1 In this section “relevant error” means an error— a by a public authority in complying with any requirements which are 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 review the definition of “relevant error” 5 10 15 20 25 30 35 40 Additional functions under this Part 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— 45 188 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners a b in connection with the investigation of any matter by the Tribunal or otherwise for the purposes of the Tribunal’s consideration or 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 Commissioner is responsible 3 But a Judicial Commissioner must consult the Secretary of 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— 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 Investigatory Powers Commissioner 4 5 6 234 In addition to consulting the Secretary of State under subsection 3 the Judicial Commissioner must also consult the Scottish Ministers if it appears to the Commissioner that providing the advice or information might be prejudicial to— a the prevention or detection of serious crime by a Scottish public authority or b the continued discharge of any devolved functions of a Scottish public authority whose activities include activities that are subject to review by the Investigatory Powers Commissioner In subsection 4 — “devolved function” means a function that does not relate to reserved matters within the meaning of the Scotland Act 1998 and “Scottish public authority” has the same meaning as in the Scotland Act 1998 5 10 15 20 25 30 Subsections 3 and 4 do not apply to any advice or information provided under subsection 2 to the Investigatory Powers Tribunal Functions under other Parts and other enactments 1 The Investigatory Powers Commissioner and the other Judicial 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 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” c in sections 96 4 97 4 and 6 and 103 3 and 6 for “a Commissioner” substitute “a Judicial Commissioner” 35 40 45 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners d e f g h 3 4 5 189 in section 103 7 for “a Commissioner” substitute “a Judicial Commissioner other than the Investigatory Powers Commissioner ” in section 104 1 for “Chief Commissioner” substitute “Investigatory Powers Commissioner except where the original decision was made by that Commissioner ” in section 104 3 and 8 a for “the Commissioner” substitute “the Judicial Commissioner concerned” in section 105 1 a ii and b ii for “the Commissioner” substitute “the Judicial Commissioner” and in sections 97 5 and 103 9 for “A Commissioner” substitute “A Judicial Commissioner” 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 “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 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 ” e in section 38 1 a for “an ordinary Surveillance Commissioner” 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 g in the heading of section 38 for “Surveillance Commissioners” substitute “Judicial Commissioners” 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 Commissioner 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 Investigatory Powers Commissioner” b in section 54 9 tipping-off protected disclosures to a relevant 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 or the Investigatory Powers Commissioner for Northern Ireland” and d omit sections 54 11 and 55 8 definitions of “relevant Commissioner” 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 — 5 10 15 20 25 30 35 40 45 190 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners a b c d e f g 6 in sections 13 1 and 4 14 1 a and 4 and 15 1 to 5 and 7 for “an ordinary Surveillance Commissioner” wherever it appears substitute “a Judicial Commissioner” 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” in sections 13 3 a and 14 3 a and b for “Surveillance Commissioner” substitute “Judicial Commissioner” in section 15 7 b for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner if the Commissioner is not that Commissioner ” in section 16 1 a for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner other than the Investigatory Powers Commissioner ” in sections 16 5 b and 17 1 b for “ordinary Surveillance Commissioner” substitute “Judicial Commissioner” and in section 16 5 for “ordinary Surveillance Commissioner’s” substitute “Judicial Commissioner’s” In Part 2 of the Regulation of Investigatory Powers Covert Human Intelligence Sources Relevant Sources Order 2013 S I 2013 2788 notification of certain authorisations to and approval of certain authorisations by ordinary 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” 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 Investigatory Powers Commissioner ” and e in the heading of article 6 for “Surveillance Commissioners” substitute “Judicial Commissioners” 5 10 15 20 25 30 Reports and investigation and information powers 235 Annual and other reports 1 The Investigatory Powers Commissioner must as soon as reasonably 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 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 operation of the safeguards conferred by this Act in relation to items subject to legal privilege confidential journalistic material and sources of journalistic information 35 40 45 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners d e f g h i 191 information about the following kinds of warrants issued considered or approved during the year— i targeted interception warrants or targeted examination warrants of the kind referred to in section 18 2 ii targeted equipment interference warrants relating to matters within paragraph b c e f g or h of section 102 1 and iii targeted examination warrants under Part 5 relating to matters within any of paragraphs b to e of section 102 2 information about the operational purposes specified during the year in warrants issued under Part 6 or 7 the information on errors required by virtue of section 232 8 information about the work of the Technology Advisory Panel information about the funding staffing and other resources of the Judicial Commissioners and details of public engagements undertaken by the Judicial Commissioners or their staff 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 appropriate 5 A report under subsection 1 or 4 may in particular include such recommendations as the Investigatory Powers Commissioner considers appropriate about any matter relating to the functions of the Judicial Commissioners 6 7 8 On receiving a report from the Investigatory Powers Commissioner under 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 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 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 activities include activities that are subject to review by the Investigatory Powers Commissioner The Prime Minister must send a copy of every report and statement as laid before Parliament under subsection 6 b to the Scottish Ministers and the Scottish Ministers must lay the copy report and statement before the Scottish Parliament 5 10 15 20 25 30 35 40 45 192 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 9 The Investigatory Powers Commissioner may publish any report under subsection 3 or 4 or any part of such a report if requested to do so by the Prime Minister 10 Subsection 11 applies if the Prime Minister receives a report from the Investigatory Powers Commissioner under subsection 1 or 4 which relates to an investigation inspection or audit carried out by the Commissioner following a decision to do so of which the Intelligence and Security Committee of Parliament was informed under section 237 2 11 The Prime Minister must send to the Intelligence and Security Committee of Parliament a copy of the report so far as it relates to— a the investigation inspection or audit concerned and b the functions of the Committee falling within section 2 of the Justice and Security Act 2013 236 5 10 Investigation and information powers 1 A Judicial Commissioner may carry out such investigations inspections and 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 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 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 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 232 9 of which it is aware 7 In this section “relevant person” means— a any person who holds or has held an office rank or position with a public authority 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 42 44 127 129 150 169 171 or 191 or d any person to whom a notice is given under section 49 of the Regulation of Investigatory Powers Act 2000 15 20 25 30 35 40 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 237 193 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 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’s decision as to whether to carry out the investigation inspection or audit 238 1 2 5 Information gateway A disclosure of information to the Investigatory Powers Commissioner or another Judicial Commissioner for the purposes of any function of the Commissioner does not breach— a an obligation of confidence owed by the person making the disclosure or b any other restriction on the disclosure of information whether imposed by virtue of this Act or otherwise 10 15 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 Supplementary provision 239 Funding staff and facilities etc 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 Commissioner and subject to the approval of the Treasury as to numbers of staff provide the Judicial Commissioners with— a such staff and b such accommodation equipment and other facilities and services as the Secretary of State considers necessary for the carrying out of the Commissioners’ functions 3 The Scottish Ministers may pay to the Judicial Commissioners such allowances as the Scottish Ministers consider appropriate in respect of the exercise by the Commissioners of functions which relate to the exercise by Scottish public authorities of devolved functions 4 In subsection 3 — “devolved function” means a function that does not relate to reserved matters within the meaning of the Scotland Act 1998 and “Scottish public authority” has the same meaning as in the Scotland Act 1998 5 The Investigatory Powers Commissioner or any other Judicial Commissioner may to such extent as the Commissioner concerned may decide delegate the exercise of functions of that Commissioner to any member of staff of the Judicial Commissioners or any other person acting on behalf of the Commissioners 20 25 30 35 40 194 6 7 240 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners Subsection 5 does not apply to— a the function of the Investigatory Powers Commissioner of making a recommendation under section 228 4 e or making an appointment under section 248 1 b any function which falls within section 230 8 or c any function under section 59 4 or 134 3 of authorising a disclosure but subject to this and the terms of the delegation does include functions which have been delegated to a Judicial Commissioner by the Investigatory Powers Commissioner The delegation under subsection 5 to any extent of functions by the Investigatory Powers Commissioner or any other Judicial Commissioner does not prevent the exercise of the functions to that extent by the Commissioner concerned The Secretary of State may by regulations modify 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 b the variation or renewal of an authorisation or warrant 241 1 2 3 10 Power to modify functions 1 3 5 15 20 The power to make regulations under this section including that power as extended by section 268 1 c may in particular be exercised by modifying any provision made by or under an enactment including this Act Abolition of existing oversight bodies The offices of the following are abolished— a the Interception of Communications Commissioner b the Intelligence Services Commissioner c the Chief Surveillance Commissioner d the other Surveillance Commissioners e the Scottish Chief Surveillance Commissioner and f the other Scottish Surveillance Commissioners Accordingly the following enactments are repealed— a sections 57 and 58 of the Regulation of Investigatory Powers Act 2000 the Interception of Communications Commissioner b sections 59 59A and 60 of that Act the Intelligence Services Commissioner c sections 62 and 63 of that Act and sections 91 and 107 of the Police Act 1997 the Surveillance Commissioners and d sections 2 1 to 9 3 and 4 of the Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 the Scottish Surveillance Commissioners The Secretary of State may by regulations with the consent of the Northern Ireland Assembly provide for the abolition of the office of the Investigatory Powers Commissioner for Northern Ireland 25 30 35 40 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners 195 4 The power to make regulations under subsection 3 including that power as extended by section 268 1 c may in particular be exercised by modifying any provision made by or under an enactment including this Act 5 Regulations made by virtue of subsection 4 may in particular repeal— a section 61 of the Regulation of Investigatory Powers Act 2000 the Investigatory Powers Commissioner for Northern Ireland and b the words “or the Investigatory Powers Commissioner for Northern Ireland” in section 230 4 f of this Act 6 In this section— “the Chief Surveillance Commissioner” means the Chief Commissioner appointed under section 91 1 a of the Police Act 1997 “the other Scottish Surveillance Commissioners” means— a the Surveillance Commissioners appointed under section 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 “the other Surveillance Commissioners” means— a the Commissioners appointed under section 91 1 b of the Police Act 1997 and b the Assistant Surveillance Commissioners appointed under section 63 1 of the Regulation of Investigatory Powers Act 2000 “the Scottish Chief Surveillance Commissioner” means the Chief Surveillance Commissioner appointed under section 2 1 a of the Regulation of Investigatory Powers Scotland Act 2000 5 10 15 20 25 CHAPTER 2 OTHER ARRANGEMENTS Codes of practice 242 30 Codes of practice Schedule 7 codes of practice has effect Investigatory Powers Tribunal 243 1 Right of appeal from Tribunal After section 67 of the Regulation of Investigatory Powers Act 2000 insert— “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 of an appeal under this section the Tribunal must specify the court 35 40 196 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements which is to have jurisdiction to hear the appeal the “relevant appellate court” 3 4 The Secretary of State may by regulations specify criteria to be applied by the Tribunal in making decisions under subsection 2 as to the identity of the relevant appellate court 6 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 8 3 The Secretary of State may by regulations with the consent of the Northern Ireland Assembly amend subsection 3 so as to add the Court of Appeal in Northern Ireland to the list of courts mentioned there 5 7 2 This court is whichever of the following courts appears to the Tribunal to be the most appropriate— a the Court of Appeal in England and Wales b the Court of Session 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 In this section— “relevant appellate court” has the meaning given by subsection 2 “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 c in the case of a reference any public authority to whom the reference relates ” 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 may by order otherwise provide ” substitute “Except as provided by virtue of section 67A ” and b omit subsections 9 to 12 After section 68 4 of that Act requirement to give notice of determinations to complainant insert— “ 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 the reference relates 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements 4B 4C 4 5 197 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 statement that they have made a determination in the complainant’s favour or b a statement that no determination has been made in the complainant’s favour 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 made 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 or 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— 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 ” In section 69 2 of that Act Tribunal rules — a in paragraph i after “section 68 4 ” insert “or notice under section 68 4C ” and 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 reference to be provided in addition to any statement under section 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 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 10 15 20 25 30 35 40 In section 78 of that Act orders regulations and rules — a in subsection 4 after “applies” insert “ other than regulations under section 67A 5 ” and b after subsection 4 insert— “ 4A A statutory instrument containing regulations under section 67A 5 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament ” 45 198 244 1 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements Functions of Tribunal in relation to this Act etc In section 65 of the Regulation of Investigatory Powers Act 2000 the Investigatory Powers Tribunal — a in subsection 2 c jurisdiction of the Investigatory Powers Tribunal where possible detriment due to evidential bar for “section 17” substitute “section 57 of the Investigatory Powers Act 2016” b in subsection 5 conduct in relation to which the Tribunal has jurisdiction after paragraph b insert— “ ba conduct for or in connection with the obtaining of secondary data from communications transmitted by means of such a service or system bb the issue modification renewal or service of a warrant under Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016 interception of communications ” c in subsection 5 for paragraph c substitute— “ c conduct of a kind which may be permitted or required by an authorisation or notice under Part 3 of that Act or a warrant under Chapter 2 of Part 6 of that Act acquisition of communications data cza the giving of an authorisation or notice under Part 3 of that Act or the issue modification renewal or service 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 which is subject to review by the Information Commissioner czc the giving or varying of a retention notice under that Part of that Act czd conduct of a kind which may be required or permitted by a warrant under Part 5 or Chapter 3 of Part 6 of that Act equipment interference cze the issue modification renewal or service of a warrant under Part 5 or Chapter 3 of Part 6 of that Act czf the issue modification renewal or service of a warrant under Part 7 of that Act bulk personal dataset warrants czg the giving of an authorisation under section 220 3 b authorisation for the retention or retention and examination of material following expiry of bulk personal dataset warrant czh the giving or varying of a direction under section 226 of that Act directions where no bulk personal dataset warrant required czi conduct of a kind which may be required by a notice under section 253 or 254 of that Act national security or technical capability notices czj the giving or varying of such a notice czk the giving of an authorisation under section 153 5 c or 194 5 c of that Act certain authorisations to examine intercepted content or protected material 5 10 15 20 25 30 35 40 45 50 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements 199 czl d e any failure to— i cancel a warrant under Part 2 5 6 or 7 of that Act or an authorisation under Part 3 of that Act ii cancel a notice under Part 3 of that Act iii revoke a notice under Part 4 or section 253 or 254 of that Act or iv revoke a direction under section 226 of that Act czm any conduct in connection with any conduct falling within paragraph c czb czd or czi ” in subsection 6 limitation for certain purposes of what is conduct falling within subsection 5 — i after “on behalf of” insert “an immigration officer or” and ii after paragraph d insert— “ dza the Competition and Markets Authority ” after subsection 6 insert— 10 15 “ 6A f g h Subsection 6 does not apply to anything mentioned in paragraph d or f of subsection 5 which also falls within paragraph czd of that subsection ” in subsection 7 after “if” insert “it is conduct of a public authority and” 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 76 of the Investigatory Powers Act 2016” after subsection 7ZA insert— 5 25 “ 7ZB i j 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 bb cza czc cze czf czg czh czj czk or czl or so far as the conduct is or purports to be the giving of a notice under section 49 subsection 5 e ” in subsection 8 matters that may be challenged before the Tribunal for paragraphs a and b substitute— “ 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 bb a direction under section 226 of that Act bc a notice under section 253 or 254 of that Act ” and after subsection 9 insert— 20 “ 9A 2 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 17 of the Investigatory Powers Act 2016 ” In section 67 7 of the Act of 2000 powers of the Tribunal — 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 30 35 40 45 200 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements azb b c an order quashing or revoking a direction under section 226 of that Act azc an order quashing or revoking a notice under section 253 or 254 of that Act ” in paragraph aa for “section 23A or 32A” substitute “section 76 of the Investigatory Powers Act 2016 or section 32A of this Act” and 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 Powers Act 2016 or under section 253 or 254 of that Act or direction under section 226 of that Act ” 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 6 In section 68 7 of the Act of 2000 persons subject to duty to co-operate with the Tribunal — a in paragraph e — i for “section 11” substitute “section 42 127 150 169 or 191 of the Investigatory Powers Act 2016” and ii for “an interception warrant” substitute “a warrant” b in paragraph f for “section 12” substitute “section 253 or 254 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 has been given ha every person to whom a retention notice under Part 4 of that Act or a notice under section 253 or 254 of that Act has been given ” 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 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 ” In section 68 8 of the Act of 2000 meaning of “relevant Commissioner” for the words from “Interception” to the end substitute “Investigatory Powers Commissioner or any other Judicial Commissioner or the Investigatory Powers Commissioner for Northern Ireland” 5 10 15 20 25 30 35 40 201 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements Information Commissioner 245 Oversight by Information Commissioner in relation to Part 4 The Information Commissioner must audit compliance with requirements or restrictions imposed by virtue of Part 4 in relation to the integrity security or destruction of data retained by virtue of that Part 5 Advisory bodies 246 1 2 3 247 1 Technical Advisory Board There is to continue to be a Technical Advisory Board consisting of such number of persons appointed by the Secretary of State as the Secretary of State may by regulations provide 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 to represent the interests of persons on whom obligations may be imposed by virtue of retention notices under Part 4 national security notices under section 253 or technical capability notices under section 254 b that the membership of the Board includes persons likely effectively to represent the interests of persons entitled to apply for warrants under 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 the representation of those mentioned in paragraph b 10 15 20 25 Regulations under this section may also make provision about quorum and the filling of vacancies Technology Advisory Panel The Investigatory Powers Commissioner must ensure that there is a Technology Advisory Panel to provide advice to the Investigatory Powers Commissioner the Secretary of State and the Scottish Ministers about— a the impact of changing technology on the exercise of investigatory powers whose exercise is subject to review by the Commissioner and b the availability and development of techniques to use such powers while minimising interference with privacy 2 The Technology Advisory Panel must provide advice to the Investigatory Powers Commissioner about such matters falling within subsection 1 a or b as the Commissioner may direct 3 Subject to this the Panel may provide advice to the Investigatory Powers Commissioner about such matters falling within subsection 1 a or b as it considers appropriate whether or not requested to do so 4 The Panel may provide advice to the Secretary of State or the Scottish Ministers about such matters falling within subsection 1 a or b as it considers 30 35 40 202 Investigatory Powers Bill Part 8 — Oversight arrangements Chapter 2 — Other arrangements appropriate whether or not requested to do so but such advice to the Scottish Ministers may only relate to matters for which the Scottish Ministers are responsible 5 The Panel must as soon as reasonably practicable after the end of each calendar year make a report to the Investigatory Powers Commissioner about the carrying out of the functions of the Panel 6 The Panel must at the same time send a copy of the report to the Secretary of State and so far as relating to matters for which the Scottish Ministers are responsible the Scottish Ministers 248 Members of the Panel 5 10 1 The Investigatory Powers Commissioner must appoint such number of persons as members of the Technology Advisory Panel as the Commissioner considers necessary for the carrying out of the functions of the Panel 2 Subject as follows each member of the Panel holds and vacates office in accordance with the member’s terms and conditions of appointment 15 3 A member of the Panel must not act in a way which the member considers to be contrary to the public interest or prejudicial to— a national security b the prevention or detection of serious crime or c the economic well-being of the United Kingdom 20 4 5 A member of the Panel must in particular ensure that the member does not— a jeopardise the success of an intelligence or security operation or a 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 25 Section 236 2 and 7 information powers apply to a member of the Panel as they apply to a Judicial Commissioner PART 9 MISCELLANEOUS AND GENERAL PROVISIONS 30 CHAPTER 1 MISCELLANEOUS Combined warrants and authorisations 249 Combination of warrants and authorisations Schedule 8 which makes provision for the combination of certain warrants and authorisations in a single instrument has effect 35 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 203 Compliance with Act 250 1 Payments towards certain compliance costs The Secretary of State must ensure that arrangements are in force for securing that telecommunications operators 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 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 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 in each 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 253 given 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 8 251 1 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 5 10 15 20 25 30 Power to develop compliance systems etc The Secretary of State may— a develop provide maintain or improve or b enter into financial or other arrangements with any person for the 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 35 2 Arrangements falling within subsection 1 b may in particular include arrangements consisting of the giving of financial assistance by the Secretary of State 40 3 Such financial assistance— a may in particular be given by way of— i grant 204 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous b 4 ii loan iii guarantee or indemnity iv investment or v incurring expenditure for the benefit of the person assisted and may be given subject to terms and conditions determined by the Secretary of State 5 Terms and conditions imposed by virtue of subsection 3 b may include terms and conditions as to repayment with or without interest Additional powers 252 Amendments of the Intelligence Services Act 1994 1 The Intelligence Services Act 1994 is amended as follows 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 to the general public in the United Kingdom or elsewhere ” 3 253 1 2 3 In section 5 warrants general — a in subsection 2 omit “ subject to subsection 3 below ” b omit subsection 3 and c in subsection 3A after “1989” insert “ or on the application 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 ” 10 15 20 National security notices The Secretary of State may give any telecommunications operator in the United Kingdom a national security notice under this section if— a the Secretary of State considers that the notice is necessary in the interests of national security 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 A “national security notice” is a notice requiring the operator to take such specified steps as the Secretary of State considers necessary in the interests of national security 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 services or 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 25 30 35 40 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous b 4 205 to provide services or facilities for the purpose of assisting an intelligence service to carry out its functions more securely or more effectively In a case where— a a national security notice would require the taking of any steps and b in the absence of such a notice requiring the taking of those steps the taking of those steps would be lawful only if a warrant or authorisation under a relevant enactment had been obtained the notice may require the taking of those steps only if such a warrant or authorisation has been obtained 5 But the Secretary of State may not give any telecommunications operator a national security notice the main purpose of which is to require the operator to do something for which a warrant or authorisation under a relevant enactment is required 6 In this section “relevant enactment” means— 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 11 7 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 8 Conduct required by a national security notice is to be treated as lawful for all purposes to the extent that it would not otherwise be so treated 9 Sections 255 to 259 contain further provision about national security notices 254 1 2 3 5 10 15 20 25 Technical capability notices 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 the 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 Commissioner 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 for the purpose of complying with those obligations 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 30 35 40 45 206 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous regulations as an obligation that may be imposed on relevant operators or on relevant operators of that description “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 b a telecommunications operator or c a person who is proposing to become a postal operator or a telecommunications operator 4 5 6 7 8 9 Regulations under this section may specify an obligation that may be imposed on any relevant operators only if the Secretary of State considers it is 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 assistance in relation to relevant authorisations and b that it is and remains practicable for those relevant operators to comply with those requirements 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 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 services provided by a relevant operator e obligations relating to the handling or disclosure of any information Before making any regulations under this section the Secretary of State must consult the following persons— a the Technical Advisory Board 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 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 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 Sections 255 to 259 contain further provision about technical capability notices 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 255 207 Approval of notices by Judicial Commissioners 1 In this section “relevant notice” means— a a national security notice under section 253 or b a technical capability notice under section 254 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 253 1 a or as the case may be section 254 1 a and b whether the conduct that would be required by the notice is proportionate to what is sought to be achieved by that conduct 3 5 10 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 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 15 4 Where a Judicial Commissioner refuses to approve a decision to give a relevant notice the Judicial Commissioner must give the Secretary of State written reasons for the refusal 20 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 whether to approve the decision to give the notice 256 Further provision about notices under section 253 or 254 1 In this section “relevant notice” means— a a national security notice under section 253 or b a technical capability notice under section 254 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 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 to whom it relates 4 25 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 subsection 3 the Secretary of State must in particular take into account the technical feasibility and likely cost of complying with those obligations 30 35 40 45 208 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 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 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 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 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 9 A person to whom a relevant notice is given must comply with the notice 10 11 12 257 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 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 A technical capability notice is within this subsection if it relates to any of the following— 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 Subsection 9 applies to a person to whom a national security notice is given despite any other duty imposed on the person by or under Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 5 10 15 20 25 30 35 Variation and revocation of notices 1 In this section “relevant notice” means— a a national security notice under section 253 or b a technical capability notice under section 254 2 The Secretary of State must keep each relevant notice under review 3 The Secretary of State may— a vary a relevant notice b revoke a relevant notice whether wholly or in part 40 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 4 5 209 The Secretary of State may vary a national security notice given to a person only if— a the Secretary of State considers that the variation is necessary in the interests of national security b the Secretary of State considers that the conduct required by the notice as varied is proportionate to what is sought to be achieved by that conduct and c if the variation would impose further requirements on the person the decision to vary the notice has been approved by a Judicial Commissioner but see subsection 6 The Secretary of State may vary a technical capability notice given to a person only if— a the Secretary of State considers that the variation is necessary for securing that the person has the capability to provide any assistance which the person may be required to provide in relation to any relevant authorisation within the meaning of section 254 b the Secretary of State considers that the conduct required by the notice as varied is proportionate to what is sought to be achieved by that conduct and c if the variation would impose further requirements on the person the decision to vary the notice has been approved by a Judicial Commissioner but see subsection 6 6 The condition in subsection 4 c or as the case may be subsection 5 c does not apply in the case of a variation to which section 258 10 applies 7 If the Secretary of State varies or revokes a relevant notice given to any person the Secretary of State must give that person notice of the variation or revocation 8 Section 255 approval of notices by Judicial Commissioners applies in relation to a decision to vary a relevant notice other than a decision to which section 258 10 applies as it applies in relation to a decision to give a relevant notice but as if— a the reference in section 255 2 a to the notice were to the variation and b the reference in section 255 2 b to the notice were to the notice as varied 5 10 15 20 25 30 9 Subsections 2 to 4 and 7 of section 256 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 256 3 and 4 in relation to varying a relevant notice references to the notice are to be read as references to the notice as varied 35 10 Subsections 5 and 6 of section 256 apply to any notice of the variation or revocation of a relevant notice as they apply to a relevant notice 40 11 The fact that a relevant notice has been revoked in relation to a particular 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 12 Any reference in this section or section 256 8 to 12 to a notice given under section 253 or 254 includes a reference to such a notice as varied under this section 45 210 258 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous Review of notices by the Secretary of State 1 A person who is given a notice under section 253 or 254 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 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 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 technical requirements and the financial 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— 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— 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— a vary or revoke the notice under section 257 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 256 apply in relation to a notice under subsection 9 b above as they apply in relation to a notice under section 253 or 254 12 259 1 5 10 15 20 25 30 35 Any reference in this section or section 259 to a notice under section 253 or 254 includes such a notice as varied under section 257 but only so far as the variation is concerned But it does not include a notice varied as mentioned in subsection 9 a above Approval of notices following review under section 258 In this section “relevant notice” means— a a national security notice under section 253 or b a technical capability notice under section 254 40 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 1 — Miscellaneous 2 3 4 211 In deciding whether to approve a decision to vary a relevant notice as mentioned in section 258 9 a or to give a notice under section 258 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— a whether the relevant notice as varied or confirmed is necessary as mentioned in section 253 1 a or as the case may be section 254 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 conduct 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 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 Where the Investigatory Powers Commissioner refuses to approve a decision to vary a relevant notice as mentioned in section 258 9 a or to give a notice under section 258 9 b confirming the effect of a relevant notice the Investigatory Powers Commissioner must give the Secretary of State written reasons for the refusal 5 10 15 20 Wireless telegraphy 260 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 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 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 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 25 30 35 40 212 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General CHAPTER 2 GENERAL Review of operation of Act 261 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 6 months 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 4 The Secretary of State must— a publish the report prepared under subsection 1 and b lay a copy of it before Parliament 5 10 15 Interpretation 262 1 Telecommunications definitions The definitions in this section have effect for the purposes of this Act Communication 2 “Communication” in relation to a telecommunications operator 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 or control of any apparatus 20 25 Entity data 3 “Entity data” means any data which— a is about— i an entity 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 the entity whether or not by reference to the entity’s location and c is not events data 30 35 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 213 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 system where the event consists of one or more entities engaging in a specific activity at a specific time 5 Communications data 5 “Communications data” in relation to a telecommunications operator telecommunications service or telecommunication system means entity 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 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 communication is being or may be transmitted or iii does not fall within sub-paragraph i or ii but does relate to the use of a telecommunications service or a telecommunication system 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 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 10 15 20 25 30 Content of a communication 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— a any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded and b anything which is systems data is not content 35 40 Other definitions 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 45 214 9 10 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General “Public telecommunication system” means a telecommunication system 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 5 “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 — i in the United Kingdom or ii controlled from the United Kingdom 10 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 15 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 13 14 263 1 “Telecommunication system” 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 communications by any means involving the use of electrical or electromagnetic energy “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 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 20 25 30 35 Postal definitions 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 Communications data 3 “Communications data” in relation to a postal operator or postal service means— 40 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General a b c 215 postal data 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 postal service by means of which it is being or may be transmitted 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 information not within paragraph a or b that is or is to be or is capable of being 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 5 10 Postal data 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 communication is or may be 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 For the purposes of this definition “data” in relation to a postal item includes anything written on the outside of the item Other definitions 15 20 25 5 “Postal item” means— a any letter postcard or other such thing in writing as may be used by 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— 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 items containing communications 35 “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 40 8 264 1 30 General definitions In this Act— “apparatus” includes any equipment machinery or device whether physical or logical and any wire or cable 45 216 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General “civil proceedings” means any proceedings in or before any court or tribunal that are not criminal proceedings “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 “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 “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 enactment whenever passed or made and includes— 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 a Measure or Act of the National Assembly for Wales and 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 269 “functions” includes powers and duties “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 “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 “the Investigatory Powers Commissioner” means the person appointed under section 228 1 a and the expression is also to be read in accordance with section 228 13 b “the Investigatory Powers Tribunal” means the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 “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— i communications between a professional legal adviser and the adviser’s client or 5 10 15 20 25 30 35 40 45 50 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 217 ii communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings 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 S I 1989 1341 N I 12 see Article 12 of that Order “Judicial Commissioner” means a person appointed under section 228 1 a or b and the expression is therefore to be read in accordance with section 228 13 a “legal proceedings” means— 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 “person holding office under the Crown” includes any servant of the Crown and any member of Her Majesty’s forces “premises” includes any land movable structure vehicle vessel aircraft or hovercraft and “set of premises” is to be read accordingly “primary legislation” means— 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 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 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 in pursuit of a common purpose “source of journalistic information” means an individual who provides material intending the recipient to use it for the purposes of journalism or knowing that it is likely to be so used “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 “statutory” in relation to any function means conferred by virtue of this Act or any other enactment “subordinate legislation” means— a subordinate legislation within the meaning of the Interpretation Act 1978 or 5 10 15 20 25 30 35 40 45 50 218 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 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 “systems data” has the meaning given by subsection 4 “the Technical Advisory Board” means the Board provided for by section 246 “the Technology Advisory Panel” means the panel established in accordance with section 247 1 “working day” means a day other than a Saturday a Sunday Christmas Day Good Friday or a bank holiday under the Banking and Financial 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 or assist in identifying any event or c data which may be used to identify or assist in identifying 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 or assist in identifying any event includes— a data relating to the fact of the event 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— a a postal service b a telecommunication system including any apparatus forming part of the system c any telecommunications service 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” 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 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 persons to whom it becomes available as a result of the warrant 5 10 15 20 25 30 35 40 45 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 265 1 219 General definitions “journalistic material” etc The definitions in this section have effect for the purposes of this Act Journalistic material 2 “Journalistic material” means material created or acquired for the purposes of journalism 3 For the purposes of this section where— a a person “R” receives material from another person “S” and b S intends R to use the material for the purposes of journalism R is to be taken to have acquired it for those purposes Accordingly a communication sent by S to R containing such material is to be regarded as a communication containing journalistic material 4 5 For the purposes of determining whether a communication contains material acquired for the purposes of journalism it does not matter whether the material has been acquired for those purposes by the sender or recipient of the communication or by some other person For the purposes of this section— a material is not to be regarded as created or acquired for the purposes of journalism if it is created or acquired with the intention of furthering a criminal purpose and b material which a person intends to be used to further such a purpose is not to be regarded as intended to be used for the purposes of journalism 5 10 15 20 Confidential journalistic material 6 7 266 “Confidential journalistic material” means— a in the case of material contained in a communication journalistic material which the sender of the communication— i holds in confidence or ii intends the recipient or intended recipient of the communication to hold in confidence b in any other case journalistic material which a person holds in confidence A person holds material in confidence for the purposes of this section if— a the person holds it subject to an express or implied undertaking to hold it in confidence or b the person holds it subject to a restriction on disclosure or an obligation of secrecy contained in an enactment 25 30 35 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 40 220 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General Expression Provision Apparatus Section 264 1 Bulk equipment interference warrant Section 177 1 Bulk interception warrant Section 137 1 Civil proceedings Section 264 1 Communication Sections 262 2 and 263 2 Communications data Sections 262 5 and 263 3 Confidential journalistic material Section 265 6 and 7 Content of a communication in relation to a telecommunications operator telecommunications service or telecommunication system Section 262 6 Crime Section 264 1 Criminal proceedings Section 264 1 Criminal prosecution Section 264 1 Data Section 264 1 Destroy in relation to electronic data and related expressions Section 264 1 Detecting crime or serious crime Section 264 6 Enactment Section 264 1 Enhanced affirmative procedure Section 264 1 Entity Section 262 7 Entity data Section 262 3 Events data Section 262 4 Examination in relation to material obtained under a warrant Section 264 7 Functions Section 264 1 GCHQ Section 264 1 Head in relation to an intelligence service Section 264 1 Her Majesty’s forces Section 264 1 Identifying data Section 264 2 and 3 Intelligence service Section 264 1 Interception of communication postal service Sections 4 7 and 5 Interception of communication telecommunication system Sections 4 1 to 6 and 5 1 Interception of communication in the United Kingdom Section 4 8 Internet connection record Section 63 7 5 10 15 20 25 30 35 221 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General Expression Provision Investigatory Powers Commissioner Section 264 1 Investigatory Powers Tribunal Section 264 1 Items subject to legal privilege Section 264 1 Journalistic material Section 265 2 to 5 Judicial Commissioner Section 264 1 Judicial Commissioners Section 228 7 Lawful authority communication in relation to interception of 5 Section 6 Legal proceedings Section 264 1 Modify and related expressions Section 264 1 Person holding office under the Crown Section 264 1 Postal data Section 263 4 Postal item Section 263 5 Postal item in course of transmission by postal service Section 4 7 Postal operator Section 263 6 Postal service Section 263 7 Premises Section 264 1 Primary legislation Section 264 1 Private telecommunication system Section 262 14 Public authority Section 264 1 Public postal service Section 263 8 Public telecommunications service Section 262 8 Public telecommunication system Section 262 9 Serious crime Section 264 1 and paragraph 6 of Schedule 9 Source of journalistic information Section 264 1 Specified and specify in relation to an authorisation warrant notice or regulations Section 264 1 Statutory in relation to any function Section 264 1 Subordinate legislation Section 264 1 Systems data Section 264 4 and 5 Technical Advisory Board Section 264 1 Technology Advisory Panel Section 264 1 Telecommunications operator Section 262 10 10 15 20 25 30 35 222 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General Expression Provision Telecommunications service Section 262 11 and 12 Telecommunication system Section 262 13 Working day Section 264 1 Supplementary provision 267 Offences by bodies corporate etc 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 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 proceeded against and punished accordingly 3 268 1 2 3 5 In this section— “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 other similar officer of the body corporate and b in relation to a Scottish partnership a partner in the partnership 10 15 20 Regulations Any power of the Secretary of State or the Treasury to make regulations under this Act— a is exercisable by statutory instrument 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 25 30 See sections 73 3 and 74 6 for the procedure for a statutory instrument containing regulations under section 72 to which section 73 applies or as the case may be regulations under section 74 4 to which section 74 5 applies enhanced affirmative procedure 35 A statutory instrument containing regulations under— a section 13 4 or 272 2 which amend or repeal any provision of primary legislation b section 47 2 c section 53 5 40 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 223 d section 84 e section 91 1 f section 240 g section 241 3 h section 246 i section 254 j section 258 1 or k paragraph 33 of Schedule 8 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament 4 5 A statutory instrument containing— a regulations under section 13 4 or 272 2 to which subsection 3 does not apply b regulations under section 66 5 or 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 A statutory instrument containing— a regulations under section 11 3 b regulations under section 53 3 c regulations under section 59 8 a d regulations under section 72 to which section 73 does not apply e regulations under section 74 4 to which section 74 5 does not apply f regulations under section 134 6 a or g regulations under section 256 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 5 is subject to annulment in pursuance of a resolution of the House of Commons 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 8 9 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 A statutory instrument which by virtue of subsection 8 contains regulations which are subject to different parliamentary procedures or one or more parliamentary procedure and no parliamentary procedure is subject to whichever procedure is the higher procedure and the order is as follows the highest first — a the procedure set out in subsection 3 the affirmative procedure 5 10 15 20 25 30 35 40 45 224 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General b c 10 269 1 2 3 the procedure set out in subsection 5 above the negative procedure no procedure Provision is not prevented from being included in regulations made under this Act merely because the provision could have been included in other regulations made under this Act which would have been subject to a different or no parliamentary procedure Enhanced affirmative procedure For the purposes of regulations under section 72 to which section 73 applies and regulations under section 74 4 to which section 74 5 applies the enhanced affirmative procedure is as follows Subsection 3 applies if— a the Secretary of State has consulted under section 73 2 or as the case may be 74 5 in relation to making such regulations b a period of at least 12 weeks beginning with the day on which any such consultation first began has elapsed and c the Secretary of State considers it appropriate to proceed with making such regulations The Secretary of State must lay before Parliament— a draft regulations and b a document which explains the regulations 4 The Secretary of State may make regulations in 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— 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 6 5 The Secretary of State must have regard to— 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 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 may lay before Parliament— a revised draft regulations and b a statement giving a summary of the changes proposed 10 15 20 25 30 35 40 225 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 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 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 in 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 270 15 Transitional transitory or saving provision 1 Schedule 9 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 or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act 272 10 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 of any other Act out of money so provided 271 5 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 of State considers appropriate in consequence of this Act 3 The power to make regulations under subsection 2 may in particular be exercised by modifying any provision made by or under an enactment 4 In subsection 3 “enactment” does not include any primary legislation passed or made after the end of the Session in which this Act is passed 20 25 30 Final provision 273 Commencement extent and short title 1 Subject to subsections 2 to 4 this Act comes into force on such day as the Secretary of State may by regulations appoint and different days may be appointed for different purposes 2 Sections 8 and 9 come into force on the day following that on which this Act is passed 35 226 Investigatory Powers Bill Part 9 — Miscellaneous and general provisions Chapter 2 — General 3 Sections 261 to 270 271 2 272 2 and 3 and this section come into force on the day on which this Act is passed 4 Sections 228 and 229 come into force at the end of the period of two months beginning with the day on which this Act is passed 5 Subject to subsections 6 to 8 this Act extends to England and Wales Scotland and Northern Ireland 6 An amendment repeal or revocation made by this Act of an enactment has the same extent within the United Kingdom as the enactment amended repealed or revoked 7 Her Majesty may by Order in Council provide for any of the provisions of this Act to extend with or without modifications to the Isle of Man or any of the British overseas territories 8 Any power under an Act to extend any provision of that Act by Order in Council to any of the Channel Islands may be exercised so as to extend there with or without modifications any amendment or repeal of that provision which is made by or under this Act 9 This Act may be cited as the Investigatory Powers Act 2016 5 10 15 227 Investigatory Powers Bill Schedule 1 — Monetary penalty notices SCHEDULES SCHEDULE 1 Section 7 MONETARY PENALTY NOTICES PART 1 MONETARY 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 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 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 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 15 20 25 Enforcement obligations 3 1 The Commissioner may include an enforcement obligation or enforcement 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 66 56 2 30 228 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices a b a requirement on the person on whom the notice is served to cease the interception on a specified day or within a specified period 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 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 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 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 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 15 20 25 30 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— 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 57 the person would be unable to raise on an appeal under paragraph 8 40 45 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices 229 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 the Commissioner must inform the person of that fact 5 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 or 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 a person 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 15 20 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 a 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 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 a 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 30 35 40 230 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices 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 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 5 2 Where there is an appeal under sub-paragraph 1 a in relation to 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 10 3 Sub-paragraphs 4 to 6 apply in relation to an appeal under sub-paragraph 1 a 15 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 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 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 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 30 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 refusal to serve the notice of variation or cancellation was based 35 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— 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 40 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 1 — Monetary penalty notices b 231 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 10 5 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 for any other appropriate relief 10 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 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 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 15 20 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 under this paragraph 30 Interpretation of Part 1 12 In this Part of this Schedule— “address” means— a in the case of a registered company the address of 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 “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 35 40 232 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 INFORMATION 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 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 Commissioner requests that documents be produced the Commissioner may take copies of or extracts from any document 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 c state that the Commissioner considers 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 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 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 10 15 20 25 30 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 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 40 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 2 — Information provisions 233 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 or cancellation in relation to the information notice 5 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 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 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 10 15 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 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 25 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 refusal to serve the notice of variation or cancellation was based 30 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 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 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 35 40 234 Investigatory Powers Bill Schedule 1 — Monetary penalty notices Part 2 — Information provisions b c an amount calculated by reference to a daily rate or 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 monetary 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 part 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 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 5 10 15 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 if the references in sub-paragraph 1 to an interception were references to 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 25 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 In this Part of this Schedule— “the Commissioner” means the Investigatory Powers Commissioner “enforcement obligation” has the meaning given by paragraph 3 2 40 235 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 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 SCHEDULE 2 5 10 Section 13 1 ABOLITION 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— “ 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 in the Investigatory Powers Act 2016 see sections 262 and 263 of that Act ” 15 20 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 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 262 and 263 of that Act ” 25 30 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 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 262 and 263 of that Act ” 35 236 Investigatory Powers Bill Schedule 2 — Abolition of disclosure powers Environmental Protection Act 1990 4 In section 71 of the Environmental Protection 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 of 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 262 and 263 of that Act ” Social Security Administration Act 1992 5 6 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 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— ““communications data” has the same meaning as in the Investigatory Powers Act 2016 see sections 262 and 263 of that Act ” ii after the definition of “insurer” insert— ““postal operator” has the same meaning as in the Investigatory Powers Act 2016 see section 263 of that Act ” and iii for the definition of “telecommunications service” substitute— ““telecommunications operator” has the same meaning as in the Investigatory Powers Act 2016 see section 262 of that Act ” 5 10 15 20 25 30 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 of this section as they apply for the purposes of that section ” 35 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 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 40 45 Investigatory Powers Bill Schedule 2 — Abolition of disclosure powers d 8 237 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 262 and 263 of that Act ” ii after the definition of “insurer” insert— ““postal operator” has the same meaning as in the Investigatory Powers Act 2016 see section 263 of that Act ” and iii for the definition of “telecommunications service” substitute— ““telecommunications operator” has the same meaning as in the Investigatory Powers Act 2016 see section 262 of that Act ” In section 103C of the Social Security Administration Northern Ireland Act 1992 powers of entry for subsection 6 substitute— “ 6 5 10 15 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 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 5B 20 25 In subsection 5A “communications data” “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 see sections 262 and 263 of that Act ” Finance Act 2008 10 In Schedule 36 to the Finance Act 2008 information and inspection powers 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 30 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 262 and 263 of that Act ” Prevention of Social Housing Fraud Power to Require Information England Regulations 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 — 40 238 Investigatory Powers Bill Schedule 2 — Abolition of disclosure powers a b c d 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 e Nothing in this regulation 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 ” and in paragraph 11 — i after the definition of “bank” insert— ““communications data” has the same meaning as in the Investigatory Powers Act 2016 see sections 262 and 263 of that Act ” ii after the definition of “family” insert— ““postal operator” has the same meaning as in the Investigatory Powers Act 2016 see section 263 of that Act ” and iii for the definition of “telecommunications service” substitute— ““telecommunications operator” has the same meaning as in the Investigatory Powers Act 2016 see section 262 of that Act ” SCHEDULE 3 5 10 15 20 Section 57 EXCEPTIONS TO SECTION 57 Introductory 1 This Schedule contains— a exceptions to the exclusion by section 57 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 1 Section 57 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 45 to 53 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 that it is authorised by sub-paragraph 1 section 57 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 30 35 40 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 239 Disclosures of convictions for certain offences 3 Section 57 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 44 7 60 or 156 b an offence under section 1 1 or 2 11 7 or 19 of the Regulation of Investigatory Powers Act 2000 or c an offence under section 1 of the Interception of Communications Act 1985 5 Proceedings before the Investigatory Powers Tribunal etc 4 Section 57 1 does not apply in relation to— 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 10 15 Proceedings before Special Immigration Appeals Commission 5 1 Section 57 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 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 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 20 25 30 1 Section 57 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 of 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 of that organisation d any person who— i represents that appellant or that organisation for the purposes of the proceedings and 35 40 240 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 ii does so otherwise than by virtue of an appointment under paragraph 7 of that Schedule Closed material proceedings 7 1 Section 57 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 2013 certain civil proceedings in which closed material applications may be made 5 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 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 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 the proceedings a “prohibited section 6 disclosure” means a disclosure of anything to— a any person other than the relevant person concerned or the Secretary of State who is or was a party to the proceedings or b any person who— 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 has the meaning given by section 14 1 of the Justice and Security Act 2013 10 15 20 25 30 TPIM proceedings 8 1 Section 57 1 does not apply in relation to— a any TPIM proceedings or b any proceedings arising out of any TPIM proceedings 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 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 35 40 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 241 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 57 1 does not apply in relation to— a any TEO proceedings or b any proceedings arising out of any TEO proceedings 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 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 5 10 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 57 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 12 Section 57 1 does not apply in relation to any proceedings— 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 or any proceedings arising out of such proceedings 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 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 Proceedings relating to release of prisoners etc in Northern Ireland 13 1 Section 57 1 does not apply in relation to— a any proceedings before— 25 30 35 40 242 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 i ii b the Parole Commissioners for Northern Ireland or any Sentence Review Commissioners appointed under section 1 of the Northern Ireland Sentences Act 1998 or any proceedings arising out of such proceedings 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 and ii does so otherwise than by virtue of appointment as a special advocate 5 10 Employment or industrial tribunal proceedings 14 1 Section 57 1 does not apply in relation to any proceedings before an employment tribunal where the applicant or the applicant’s 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 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 57 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 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 employment proceedings by direction of Minister in interests of national security or b a determination of the tribunal by virtue of Article 12 6 of that Order determination by tribunal in interests of national security 15 20 25 30 3 Section 57 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— 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 ii does so otherwise than by virtue of appointment as a special advocate 35 40 Proceedings relating to dismissal for certain offences 16 Section 57 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 or unfairness of a dismissal on the following grounds— 45 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 a b 243 any conduct constituting an offence under section 3 1 44 7 60 or 156 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 ii an offence under section 1 of the Interception of Communications Act 1985 5 Proceedings on appeals relating to claims of discrimination in Northern Ireland 17 18 1 Section 57 1 does not apply in relation to any proceedings on an appeal under Article 80 2 of the Fair Employment and Treatment Northern 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 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 10 2 Section 57 1 does not apply in relation to any proceedings arising out of proceedings within sub-paragraph 1 20 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 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 25 30 Section 57 1 does not apply in relation to any civil proceedings under section 44 8 of this Act or section 11 8 of the Regulation of Investigatory Powers Act 2000 enforcement of duty of operators to assist with implementation of warrants Proceedings for certain offences 20 15 35 1 Section 57 1 does not apply in relation to any proceedings for a relevant 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 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 40 45 244 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 e f g h i j k l an offence under section 83 or 84 of the Postal Services Act 2000 an offence under section 4 of the Official Secrets Act 1989 relating to any such information document or article as is mentioned in subsection 3 a or c of that section an offence under section 1 or 2 of the Official Secrets Act 1911 relating to any sketch plan model article note document or information which— i incorporates or relates to the content of any intercepted communication or any secondary data obtained from a communication or ii tends to suggest that any interception-related conduct has or may have occurred or may be going to occur an offence of perjury committed in the course of any relevant proceedings an offence of attempting or conspiring to commit an offence falling within any of paragraphs a to h an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence falling within any of those paragraphs an offence of aiding abetting counselling or procuring the commission of an offence falling within any of those paragraphs contempt of court committed in the course of or in relation to any relevant proceedings 3 In this paragraph— “intercepted communication” and “interception-related conduct” have the same meaning as in section 57 “relevant proceedings” means any proceedings mentioned in paragraphs 4 to 19 5 10 15 20 25 Disclosures to prosecutors and judges 21 1 Nothing in section 57 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 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 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 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 or require anything to be done in contravention of section 57 1 30 35 40 45 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 245 5 In this paragraph “relevant judge” means— 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 proceedings before the Court Martial the judge advocate for those proceedings or d any person holding a judicial office that entitles the person to exercise the jurisdiction of a judge falling within paragraph a or b 5 Disclosures to inquiries and inquests 22 1 Nothing in section 57 1 prohibits— a a disclosure to the panel of an inquiry held under the Inquiries Act 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 10 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 inquiry 23 20 1 Section 57 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 restrictions imposed under section 19 of that Act are in force prohibiting attendance at the proceedings by any person who is not— a a member of the panel of the inquiry b a person appointed as legal adviser to the inquiry c a person who is a relevant party to the proceedings d a person representing such a person for the purposes of the proceedings or e a person performing functions necessary for the proper functioning of the proceedings 25 30 35 3 But sub-paragraph 1 does not permit any disclosure which has not been made in accordance with paragraph 22 1 4 In this paragraph “relevant party” in relation to any proceedings of an inquiry means— a any person making a disclosure to the panel of the inquiry or to a person appointed as legal adviser to the inquiry in accordance with paragraph 22 1 b any person giving evidence to the inquiry in circumstances where in the absence of sub-paragraph 1 the prohibition imposed by section 57 1 would be breached 40 45 246 Investigatory Powers Bill Schedule 3 — Exceptions to section 57 c d any person whose conduct is the interception-related conduct within the meaning of section 57 to which the disclosure or evidence relates whether or not that conduct has in fact occurred any other person to whom the subject-matter of the disclosure or evidence has been lawfully disclosed in accordance with section 59 5 5 Any reference in this paragraph to a person appointed as legal adviser to an inquiry is to be read in accordance with paragraph 22 3 24 1 Nothing in section 57 1 prohibits— 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 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 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 2009 into a person’s death nothing in section 57 1 prohibits— 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— 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 to an inquest is a reference to a person appointed as solicitor or counsel to the inquest 10 15 20 25 30 35 247 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers etc Part 1 — Table of authorities and officers etc SCHEDULE 4 Section 71 1 RELEVANT PUBLIC AUTHORITIES AND DESIGNATED SENIOR OFFICERS ETC PART 1 TABLE OF AUTHORITIES AND OFFICERS ETC Table 1 Relevant public authority Police force maintained under section 2 of the Police Act 1996 Metropolitan police force City of London police force Police Service of Scotland Police Service of Northern Ireland British Transport Police Force Ministry of Defence Police Royal Navy Police Royal Military Police 2 DSO minimum office rank or position 5 3 Type of communications data that may be obtained by DSO 4 Paragraphs of section 62 7 specified for DSO 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 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 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 10 15 20 25 30 35 40 45 248 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers etc Part 1 — Table of authorities and officers etc 1 Relevant public authority Royal Air Force Police 2 DSO minimum office rank or position 3 Type of communications data that may be obtained by DSO 4 Paragraphs of section 62 7 specified for DSO Squadron Leader Entity data a b c and g Wing Commander All a b c and g General Duties 4 or any other level 4 officer Entity data a b and c General Duties 3 or any other level 3 officer All 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 Defence Unit All b Grade 7 in the Medicines and Healthcare Products Regulatory Agency All b d and e Grade 7 in the Anti-Fraud Unit All b Immigration inspector or equivalent with responsibility for investigations or other functions relating to immigration and border security All b Immigration inspector or equivalent with responsibility for anti-corruption in relation to investigations or other functions relating to immigration and border security All b Immigration inspector or equivalent with responsibility for asylum fraud investigations All Immigration inspector or equivalent with responsibility for security and intelligence in the immigration detention estate All Manager in the security group of the National Offender Management Service responsible for intelligence Entity data Senior manager in the security group of the National Offender Management Service responsible for intelligence All Grade 3 Entity data b g and i Grade 2 All b g and i Security Service Department of Health Home Office Ministry of Justice National Crime Agency 5 10 15 20 25 30 35 b 40 b d and i 45 b and d 50 b and d 55 249 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers etc Part 1 — Table of authorities and officers etc 1 Relevant public authority 2 DSO minimum office rank or position Her Majesty’s Revenue and Customs 3 Type of communications data that may be obtained by DSO 4 Paragraphs of section 62 7 specified for DSO Higher officer Entity data b and f Senior officer All b and f Enforcement Officer in Maritime and Coastguard Agency Entity data b and d Head of Enforcement in Maritime and Coastguard Agency All b and d Maritime Operations Commander grade 7 in the Maritime and Coastguard Agency All g Principal Inspector in the Air Accident Investigation Branch the Marine Accident Investigation Branch or the Rail Accident Investigation Branch All d Senior Executive Officer in Fraud and Error Services All b Senior Executive Officer in the Child Maintenance Group Central Legal Services All b Duty Manager of Ambulance Trust Control Rooms All g Common Services Agency for the Scottish Health Service Head of Services Fraud All b Competition Authority Member of the Senior Civil Service with responsibility for cartels or criminal enforcement All b Investigations Adviser All h Department for Communities in Northern Ireland Deputy Principal All b Department for the Economy in Northern Ireland Deputy chief inspector in trading standards services All b Department of Justice Northern Ireland Governor 4 in the Northern Ireland Prison Service All b d and i Financial Conduct Authority Head of department in the Enforcement and Market Oversight Division 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 Department for Transport Department for Work and Pensions An ambulance England and Criminal Cases Commission trust in Markets Review in Counter 5 10 15 20 25 30 35 40 45 50 250 Investigatory Powers Bill Schedule 4 — Relevant public authorities and designated senior officers etc Part 1 — Table of authorities and officers etc 1 Relevant public authority Gangmasters and Abuse Authority Labour 2 DSO minimum office rank or position 3 Type of communications data that may be obtained by DSO 4 Paragraphs of section 62 7 specified for DSO 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 enforcement or an equivalent grade All b National Health Service Business Services Authority Senior manager of pay band 8b in the Counter Fraud and Security Management Services Division All b Northern Ireland Ambulance Service Health and Social Care Trust Watch Manager Control All g Northern Ireland Fire and Rescue Service Board Watch Manager Control All g Northern Ireland Health and Social Care Regional Business Services Organisation Assistant Director Counter Fraud and Probity Services All b Office of Communications Senior associate All b Office of Ombudsman Ireland Senior investigating officer All b Commissioner or Director of Operations All b and i Scottish Ambulance Service Board Watch Manager Control All g Scottish Criminal Review Commission Investigations Adviser All h Serious Fraud Office Grade 6 All b Welsh Ambulance Services National Health Service Trust Watch Manager Control All g the Police for Northern Police Investigations Review Commissioner and Cases 5 10 15 20 25 30 35 PART 2 INTERPRETATION OF TABLE 1 In the table in Part 1 of this Schedule— “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 “entity data” means any communications data which is entity data 40 45 251 Investigatory Powers Bill Schedule 5 — Transfer and agency arrangements with public authorities further provisions SCHEDULE 5 Section 84 5 TRANSFER AND AGENCY ARRANGEMENTS WITH PUBLIC AUTHORITIES FURTHER PROVISIONS Particular safeguards in connection with operation of section 70 1 1 The following provisions apply where the functions of the Secretary of State under section 68 are exercisable by a public authority by virtue of regulations under section 84 1 2 The measures adopted or arrangements made by the public authority for the purpose of complying with the requirements of section 70 must be such as are approved by the Secretary of State 5 10 3 Any report required by section 70 6 b or 8 must be made to the Secretary of State as well as to the Investigatory Powers Commissioner 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 84 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 b such other matters as the Secretary of State may by regulations require 2 Regulations under section 84 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 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 15 20 25 Transfer schemes in connection with transfer of functions 3 1 The Secretary of State may in connection with regulations under section 84 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 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 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 of or in relation to the transferor in respect of anything transferred 30 35 40 252 Investigatory Powers Bill Schedule 5 — Transfer and agency arrangements with public authorities further provisions d e f 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 make provision for the shared ownership or use of property 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 scheme came into effect 5 10 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 6 A transfer scheme may be included in regulations under section 84 1 but if not so included must be laid before Parliament after being made 15 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 b rights and liabilities of the Crown relating to the terms of employment of individuals in the civil service 20 8 Accordingly a transfer scheme may in particular provide— a for— i an individual employed in the civil service to become an 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 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 as 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 terms 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 and references to the transfer of property include the grant of a lease 25 30 35 40 Investigatory Powers Bill Schedule 5 — Transfer and agency arrangements with public authorities further provisions 253 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 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 in 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 be determined for the purposes of any tax provision so far as relating to anything transferred 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 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 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 “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 5 10 15 20 25 30 35 Supplementary and other general provision 5 6 The power to make regulations under section 84 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 68 to 70 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 The power to make regulations under— a section 84 or 40 45 254 Investigatory Powers Bill Schedule 5 — Transfer and agency arrangements with public authorities further provisions b paragraph 4 above including that power as extended whether by section 268 1 or otherwise may in particular be exercised by modifying any enactment including this Act SCHEDULE 6 Section 107 5 ISSUE OF WARRANTS UNDER SECTION 107 ETC TABLE PART 1 TABLE PART 1 Law enforcement chiefs Appropriate delegates Appropriate law enforcement officers The Chief Constable of a police force maintained under section 2 of the Police Act 1996 The person who is the appropriate deputy chief constable for the purposes of section 12A 1 of the Police Act 1996 A member of the police force a member of a collaborative force or a National Crime Agency officer who is included in a collaboration agreement with the police force The person holding the rank of assistant chief constable designated to act under section 12A 2 of that Act A person holding the rank of commander in the metropolitan police force 15 20 If it is not reasonably practicable for either of those persons to act any other person holding the rank of assistant chief constable in the force The Commissioner or an Assistant Commissioner of the metropolitan police force 10 25 A member of the metropolitan police force a member of a collaborative force or a National Crime Agency officer who is included in a collaboration agreement with the metropolitan police force 30 35 255 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 107 etc table Part 1 — Table Part 1 Law enforcement chiefs Appropriate delegates Appropriate law enforcement officers The Commissioner of Police for the City of London The person authorised to act under section 25 of the City of London Police Act 1839 or if it is not reasonably practicable for that person to act a person holding the rank of commander in the City of London police force A member of the City of London police force a member of a collaborative force or a National Crime Agency officer who is included in a collaboration agreement with the City of London police force Any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purpose by the chief constable A constable of the Police Service of Scotland The Chief Constable or a Deputy Chief Constable of the Police Service of Northern Ireland A person holding the rank of assistant chief constable in the Police Service of Northern Ireland A member of the Police Service of Northern Ireland 20 The Director General of the National Crime Agency A senior National Crime Agency Officer designated for the purpose by the Director General of the National Crime Agency A National Crime Agency officer or a member of a collaborative police force 25 The Chief Constable of the British Transport Police Force A person holding the rank of deputy or assistant chief constable in the British Transport Police Force A member of the British Transport Police Force 30 The Chief Constable of the Ministry of Defence Police A person holding the rank of deputy chief constable or assistant chief constable in the Ministry of Defence Police A member of the Ministry of Defence Police 35 The Provost Marshal of the Royal Navy Police A person holding the position of deputy Provost Marshal in the Royal Navy Police A member of the Royal Navy Police 40 The Provost Marshal of the Royal Military Police A person holding the position of deputy Provost Marshal in the Royal Military Police A member of the Royal Military Police The chief constable of the Police Service of Scotland 5 10 15 45 256 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 107 etc table Part 1 — Table Part 1 Law enforcement chiefs Appropriate delegates Appropriate law enforcement officers The Provost Marshal of the Royal Air Force Police A person holding the position of deputy Provost Marshal in the Royal Air Force Police A member of the Royal Air Force Police 5 PART 2 TABLE PART 2 Law enforcement chiefs Appropriate delegates Appropriate law enforcement officers An immigration officer who is a senior official and who is designated for the purpose by the Secretary of State A senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purpose by the Secretary of State An immigration officer An officer of Revenue and Customs who is a senior official and who is designated for the purpose by the Commissioners for Her Majesty’s Revenue and Customs An officer of Revenue and Customs who is a senior official and who is designated for the purpose by the Commissioners for Her Majesty’s Revenue and Customs An officer of Revenue and Customs A designated customs official who is a senior official and who is designated for the purpose by the Secretary of State A designated customs official who is a senior official and who is designated for the purpose by the Secretary of State A designated official The Chair of the Competition and Markets Authority An officer of the Competition and Markets Authority designated by it for the purpose An officer of the Competition and Markets Authority 10 15 20 25 customs 30 35 257 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 107 etc table Part 2 — Table Part 2 Law enforcement chiefs Appropriate delegates Appropriate law enforcement officers The chairman or a deputy chairman of the Independent Police Complaints Commission A member other than the chair or a deputy chairman of the Independent Police Complaints Commission who is designated by the chairman for the purpose A person designated under paragraph 19 2 of Schedule 3 to the Police Reform Act 2002 to take charge of or to assist with the investigation to which the warrant under section 107 1 relates or would relate if issued A staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purpose A staff officer of the Police Investigations and Review Commissioner The Police Investigations and Review Commissioner 5 10 15 PART 3 INTERPRETATION 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 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 107 to the chief officer 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 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 107 to the chief officer of the police force 2 20 25 30 35 1 This paragraph applies for the purposes of the sixth entry in Part 1 of the 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 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 107 to the Director General of the National Crime Agency 40 45 258 3 4 Investigatory Powers Bill Schedule 6 — Issue of warrants under section 107 etc table Part 3 — Interpretation of the table For the purpose of the sixth entry in Part 2 of the table the reference to a 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 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 In this Schedule “police force” means— a any police force maintained under section 2 of the Police Act 1996 b the metropolitan police force c the City of London police force SCHEDULE 7 5 10 Section 242 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 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 iii the Investigatory Powers Tribunal iv any other court or tribunal v the Technical Advisory Board or vi the Technology Advisory Panel b any function to make subordinate legislation which is conferred by virtue of this Act on the Secretary of State or the Treasury 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 15 1 Each code must include— a provision designed to protect the public interest in the confidentiality of sources of journalistic information and 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 A code about the exercise of functions conferred by virtue of Part 2 Part 5 or Chapter 1 or 3 of Part 6 must also contain provision about when circumstances are to be regarded as “exceptional and compelling circumstances” for the purposes of any provision of that Part or Chapter that restricts the exercise of functions in relation to items subject to legal privilege by reference to the existence of such circumstances 20 25 30 35 40 Investigatory Powers Bill Schedule 7 — Codes of practice 259 3 The Investigatory Powers Commissioner must keep under review any provision included in a code by virtue of sub-paragraph 2 4 In this paragraph— “relevant confidential information” means information which is held in confidence by a member of a profession and consists of— a personal records or journalistic material which are or would be if held in England and Wales excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984 or 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 acting in the course of any trade business profession or other occupation or for the purposes of any paid or unpaid office 3 5 10 15 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 provision must in particular include provision about— a why how and where the data is held b who may access the data on behalf of the authority c to whom and under what conditions the data may be disclosed d the processing of the data for purposes otherwise than in connection with the purposes for which it was obtained or retained 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 20 25 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 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 conferred by virtue of Part 4 the Information Commissioner 30 35 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 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 40 260 Investigatory Powers Bill Schedule 7 — Codes of practice Revision of codes 5 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 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 5 10 4 A revision of a code comes into force in accordance with regulations made 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 15 6 When an instrument or draft instrument is laid the revision of a code to 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 20 1 A person must have regard to a code when exercising any functions to which the code relates 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 25 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 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 30 6 In this paragraph “supervisory authority” means— a the Investigatory Powers Commissioner or any other Judicial Commissioner b the Information Commissioner or c the Investigatory Powers Tribunal 35 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 1 — Combinations with targeted interception warrants SCHEDULE 8 261 Section 249 COMBINATION OF WARRANTS AND AUTHORISATIONS PART 1 COMBINATIONS WITH TARGETED INTERCEPTION WARRANTS Warrants that may be issued by Secretary of State 1 2 3 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 interception warrant which the Secretary of State has power to issue under section 20 1 with one or more of the following— a a targeted examination warrant which the Secretary of State has power to issue under section 20 2 b a targeted equipment interference warrant which the Secretary of State has power to issue under section 103 1 c a targeted examination warrant which the Secretary of State has power to issue under section 103 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 or 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 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 20 1 with one or more of the following— a a targeted equipment interference warrant which the Secretary of State has power to issue under section 105 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 1 The Secretary of State 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 Secretary of State has power to issue under section 20 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 107 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 authorisation of intrusive surveillance 2 For the purposes of sub-paragraph 1 each of the following is a “relevant intercepting authority”— 5 10 15 20 25 30 35 40 45 262 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 1 — Combinations with targeted interception warrants a b c d e the Director General of the National Crime Agency the Commissioner of Police of the Metropolis the Chief Constable of the Police Service of Northern Ireland the chief constable of the Police Service of Scotland the Commissioners for Her Majesty’s Revenue and Customs 5 Warrants that may be issued by Scottish Ministers 4 5 6 7 The Scottish Ministers may on an application made by or on behalf of the head of an intelligence service issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 22 1 with one or more of the following— a a targeted examination warrant which the Scottish Ministers have power to issue under section 22 2 b a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 104 1 c a targeted examination warrant which the Scottish Ministers have power to issue under section 104 2 d 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 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 power to issue under section 22 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 107 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 authorisation of intrusive surveillance 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 power to issue under section 22 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 107 b an authorisation under section 93 of the Police Act 1997 authorisations to interfere with property 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 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 22 1 with one or more of the following— 10 15 20 25 30 35 40 45 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 1 — Combinations with targeted interception warrants a b 263 a targeted equipment interference warrant which a law enforcement chief has power to issue under section 107 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”— 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 5 10 PART 2 OTHER COMBINATIONS INVOLVING TARGETED EQUIPMENT INTERFERENCE WARRANTS Warrants that may be issued by Secretary of State 8 9 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 to issue under section 103 1 with one or more of the following— a a targeted examination warrant which the Secretary of State has power to issue under section 103 3 b a targeted examination warrant which the Secretary of State has power to issue under section 20 2 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 e an authorisation under section 32 of that Act authorisation of intrusive surveillance 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 105 with one or more of the following— a an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 authorisation of directed surveillance b an authorisation under section 32 of that Act authorisation of intrusive surveillance 15 20 25 30 35 Warrants that may be issued by Scottish Ministers 10 The Scottish Ministers 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 Scottish Ministers have power to issue under section 104 1 with one or more of the following— a a targeted examination warrant which the Scottish Ministers have power to issue under section 104 2 b a targeted examination warrant which the Scottish Ministers have power to issue under section 22 2 40 45 264 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 2 — Other combinations involving targeted equipment interference warrants 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 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 107 with one or more 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 c an authorisation under section 32 of that Act authorisation of intrusive surveillance 5 10 15 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 107 5 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 107 with one or more of the following— 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 c an authorisation under section 10 of that Act authorisation of intrusive surveillance 20 25 30 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 with section 107 5 35 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— a a targeted examination warrant which the Secretary of State has power to issue under section 20 2 with b a targeted examination warrant which the Secretary of State has power to issue under section 103 3 40 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 3 — Combinations involving targeted examination warrants only 14 265 The Scottish Ministers may on an application made by or on behalf of the 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 22 2 with b a targeted examination warrant which the Scottish Ministers have power to issue under section 104 2 5 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 10 General 16 17 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 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 15 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 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 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 20 1 A combined warrant must be addressed to the person by whom or on whose behalf the application for the combined warrant was made 30 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 or 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 in 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 25 35 40 266 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision 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— a the duties imposed by section 2 general duties 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 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 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 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 h “procedural rules” in relation to the modification 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 d urgent cases 5 10 15 20 25 30 3 Sub-paragraph 1 is subject to paragraphs 21 to 26 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 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 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 35 40 45 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision 267 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 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 5 2 In sub-paragraph 1 “procedural rules” has the same meaning as in paragraph 21 1 10 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 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 rules that would apply to the issue renewal or cancellation of a targeted examination warrant under section 20 2 addressed to that person see Chapter 1 of Part 2 of this Act 2 In sub-paragraph 1 “procedural rules” has the same meaning as in paragraph 21 1 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 c section 103 1 2 and 4 power to quash or cancel authorisations d section 104 appeals to Investigatory Powers Commissioner 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 26 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 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 d section 38 appeals to Investigatory Powers Commissioner 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— a section 13 notification of authorisations to Judicial Commissioner 15 20 25 30 35 40 45 268 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision b c d section 14 approval required for authorisations to take effect section 15 1 to 3 power to quash or cancel authorisations section 16 appeals to Investigatory Powers Commissioner Modification of rules as to duration 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— 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 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 5 10 15 Special rules about the application of this Act to combined warrants 28 1 This paragraph applies where under section 25 3 a Judicial Commissioner refuses to approve a decision to issue a combined warrant under Part 1 or 3 of this Schedule 20 2 Section 26 has effect in relation to the combined warrant as if— a any reference in subsection 3 of that section to a targeted interception warrant or targeted examination warrant were a 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 25 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 111 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 equipment interference warrant were a reference to so much of the combined warrant as consisted of such a warrant b any reference in 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 c any other reference in that section to a warrant were a reference to the combined warrant 29 Where under section 110 3 a Judicial Commissioner refuses to approve the decision to issue a combined warrant under Part 2 of this Schedule section 111 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 equipment interference warrant were a reference to so much of the combined warrant as consisted of such a warrant 30 35 40 45 Investigatory Powers Bill Schedule 8 — Combination of warrants and authorisations Part 4 — Combined warrants supplementary provision b c 30 269 any reference in 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 any other reference in that section to a warrant were a reference to the combined warrant 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 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 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 32 5 Any reference in section 57 exclusion of matters from legal proceedings to the making of an application for a warrant or the issue of a warrant under 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 10 15 20 1 The reference in section 59 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 25 2 The reference in section 134 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 issued the combined warrant has power to issue under that Part as including a reference to this Schedule 30 Power to make consequential amendments 33 1 The Secretary of State may by regulations make such provision modifying any provision made by or under an enactment including this Schedule as the Secretary of State considers appropriate in consequence of any provision made by this Schedule 2 In sub-paragraph 1 “enactment” does not include any primary legislation passed or made after the end of the Session in which this Act is passed 35 270 Investigatory Powers Bill Schedule 9 — Transitional transitory and saving provision SCHEDULE 9 Section 271 1 TRANSITIONAL TRANSITORY AND SAVING PROVISION Lawful interception of communications 1 Any agreement which immediately before the day on which section 11 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 11 3 of this Act 5 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 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 88 of this Act and Part 4 of this Act is to be read accordingly but as if sections 88 1 b 4 and 8 e 90 91 1 to 12 92 95 4 b 6 10 and 12 and 97 2 e 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 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 88 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 before the commencement day to have effect as if done by virtue of or in relation to a retention notice under section 88 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 notice under section 1 of the Act of 2014— 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 but this is without prejudice to the continued operation of section 96 2 to 5 in relation to the notice 4 Section 250 applies in relation to costs incurred in complying with a retention notice under section 1 of the Act of 2014 which has continued in force on or after the commencement day as it applies in relation to costs incurred in complying with retention notices under section 88 of this Act but as if section 250 7 were omitted 10 15 20 25 30 35 40 45 Investigatory Powers Bill Schedule 9 — Transitional transitory and saving provision 271 5 The Secretary of State may revoke whether wholly or in part a retention notice under section 1 of the Act of 2014 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 88 of this Act in relation to the same description of data and the same operator or description of operators 4 5 7 In this paragraph “the commencement day” is the day on which section 1 1 of the Act of 2014 is repealed 10 1 Sub-paragraph 2 applies if any power to give vary or confirm a retention notice under section 88 of this Act excluding any power to vary a notice which has effect as such a notice by virtue of paragraph 3 1 is brought into force without any requirement for approval by a Judicial Commissioner of the decision to give vary or as the case may be confirm the notice 15 2 The notice as given varied or confirmed ceases to have effect so far as not previously revoked at the end of the period of three months beginning with the day on which the requirement for approval comes into force 5 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 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 20 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 271 2 Definitions of “other relevant crime” and “serious crime” 6 1 The definitions of— a “other relevant crime” in section 63 6 and b “serious crime” in section 264 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 “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 Savings for particular purposes 7 Nothing in this Act affects any power conferred on a postal operator within the meaning given by section 27 3 of the Postal Services Act 2011 by or under any enactment to open detain or delay any postal packet within the 30 35 40 272 Investigatory Powers Bill Schedule 9 — Transitional transitory and saving provision 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 8 9 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 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 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 5 10 General saving for lawful conduct 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 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 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 SCHEDULE 10 15 20 25 Section 272 1 MINOR AND CONSEQUENTIAL PROVISION PART 1 30 GENERAL AMENDMENTS Police Act 1997 1 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— “ 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 35 40 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 1 — General amendments aa ab ac 273 the subject-matter of the following provisions of the Investigatory Powers Act 2016 so far as relating to the prevention or detection of serious crime within the meaning of that Act — i sections 3 to 11 and Schedule 1 ii Part 2 and iii Chapter 1 of Part 6 the subject-matter of section 12 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 the subject-matter of section 13 of and Schedule 2 to the Investigatory Powers Act 2016 so far as relating to the prevention or detection of crime within the meaning of that Act ” 5 10 15 Regulation of Investigatory Powers Act 2000 3 The Regulation of Investigatory Powers Act 2000 is amended as follows 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 20 2 In subsection 2 a for “Parts I to III” substitute “Parts 2 and 3” 3 Omit subsection 2A 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 264 1 of that Act ” 3 For the definition of “communication” substitute— ““communication” has the same meaning as in the Investigatory Powers Act 2016 see sections 262 2 and 263 2 of that Act ” 25 30 4 In the definition of “interception” and cognate expressions for “section 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 263 7 of that Act ” 35 6 Omit the definitions of “private telecommunication system” “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 262 11 to 13 of that Act ” 40 274 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 Referendums Act 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 Powers Act 2016 ” 5 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 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— “ b the disclosure is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ” 10 15 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 etc for “the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “the Investigatory Powers Act 2016” 20 Social Security Fraud Act Northern Ireland 2001 10 In section 4 1 b of the Social Security Fraud Act Northern Ireland 2001 arrangements for payments in relation to persons providing a telecommunications service etc for “the Regulation of Investigatory Powers Act 2000 c 23 ” substitute “the Investigatory Powers Act 2016” 25 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 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” 30 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 ” substitute “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 275 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 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” 5 Police Reform Act 2002 13 In paragraph 19ZA 2 c of Schedule 3 to the Police Reform Act 2002 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 14 10 15 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 under the Investigatory Powers Act 2016 ” 20 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 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 25 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 9 of the Investigatory Powers Act 2016” 30 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 of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 35 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 the Investigatory Powers Act 2016” 40 276 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 25 In section 19 1 b of the Borders Citizenship and Immigration Act 2009 application of 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 24 20 In section 20 2 b of the Counter-Terrorism Act 2008 disclosure and the intelligence services supplementary 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” 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 30 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 277 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 Powers Act 2016 ” 10 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 “telecommunication system” for “Regulation of Investigatory Powers Act 2000” substitute “Investigatory Powers Act 2016 see section 262 13 of that Act ” 20 Crime and Courts Act 2013 29 In paragraph 1 b of Schedule 7 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 Powers Act 2016 ” 30 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 1 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 35 278 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 “any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016” 5 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 LAWFUL INTERCEPTION OF COMMUNICATIONS Security Service Act 1989 36 In section 1 5 of the Security Service Act 1989 meaning of “prevention” and “detection” for the words from “the provisions” to the end substitute “that Act” 20 Official Secrets Act 1989 37 In section 4 3 of the Official Secrets Act 1989 crime and special investigation powers omit the “and” after paragraph a and after 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 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 ” 25 30 Intelligence Services Act 1994 38 In section 11 1A of the Intelligence Services Act 1994 meaning of “prevention” and “detection” for the words from “apply” to the end substitute “apply for the purposes of this Act as it applies for the purposes of that Act except that for the purposes of section 3 above it shall not include a reference to gathering evidence for use in any legal proceedings within the meaning of that Act ” 35 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 2 — Lawful interception of communications 279 Criminal Procedure and Investigations Act 1996 39 1 The Criminal Procedure and Investigations Act 1996 is amended as follows 2 In section 3 7 initial duty of prosecutor to disclose for “section 17 of the Regulation of Investigatory Powers Act 2000” substitute “section 57 of the Investigatory Powers Act 2016” 5 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 57 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 57 of the Investigatory Powers Act 2016” 10 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 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 Act 2016 d material obtained under the authority of a warrant issued under Chapter 1 of Part 6 of that Act ” Police Act 1997 40 15 20 25 In section 133A of the Police Act 1997 meaning of “prevention” and “detection” for the words from “the provisions” to the end substitute “that Act” Scotland Act 1998 41 In Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 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 262 14 of the Investigatory Powers Act 2016” Northern Ireland Act 1998 42 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 11 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 serious crime within the meaning of that Act ” 30 35 40 280 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 2 — Lawful interception of communications Financial Services and Markets Act 2000 43 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 57 of the Investigatory Powers Act 2016” 5 Regulation of Investigatory Powers Act 2000 44 The Regulation of Investigatory Powers Act 2000 is amended as follows 45 Omit Chapter 1 of Part 1 interception of communications 46 1 Section 49 investigation of electronic data protected by encryption etc powers under which data obtained is amended as follows 10 2 In subsection 1 b after “communications” insert “or obtain secondary data from communications” 3 After subsection 9 insert— “ 9A In subsection 1 b the reference to obtaining secondary data from communications is to be read in accordance with section 17 of the Investigatory Powers Act 2016 ” 47 In section 71 issue and revision of codes of practice omit subsection 10 48 In section 78 3 a affirmative orders omit “12 10 13 3 ” 49 15 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 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 6 of that Act” 20 25 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 50 30 In section 82 amendments repeals and savings etc omit subsections 4 to 6 Criminal Justice and Licensing Scotland Act 2010 2010 asp 13 51 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 57 of the Investigatory Powers Act 2016” Justice and Security Act 2013 52 In section 6 4 b of the Justice and Security Act 2013 declaration permitting closed material applications in proceedings for sub-paragraph iii 35 281 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 2 — Lawful interception of communications substitute— “ iii section 57 1 of the Investigatory Powers Act 2016 exclusion for intercept material ” PART 3 ACQUISITION OF COMMUNICATIONS DATA 5 Regulation of Investigatory Powers Act 2000 53 The Regulation of Investigatory Powers Act 2000 is amended as follows 54 Omit Chapter 2 of Part 1 acquisition and disclosure of communications data 55 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 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” 56 57 15 In section 71 2 issue and revision of codes of practice omit “23A or” 1 Section 77A procedure for order of sheriff under section 23A or 32A Scotland is amended as follows 2 In the heading and in subsection 1 — a for “23A” substitute “76 of the Investigatory Powers Act 2016” and b for “or 32A” substitute “or section 32A of this Act” 3 In subsection 3 for “sections 23B and 32B and this section” substitute “this section section 32B of this Act and section 76 of the Investigatory Powers Act 2016” 58 10 20 25 1 Section 77B procedure for order of district judge under section 23A or 32A Northern Ireland is amended as follows 2 In the heading and in subsections 1 and 4 for “section 23A or 32A” substitute “section 32A of this Act or section 76 of the Investigatory Powers Act 2016” 30 3 In subsection 4 for “sections 23B and 32B” substitute “section 32B of this Act and section 76 of that Act” 59 In section 78 3 a affirmative orders omit “22 9 23A 6 25 5 ” 60 In section 81 9 general interpretation certain references relating to Northern Ireland omit “23A 7 b ” 35 Police Reform Act 2002 61 1 Paragraph 19ZA of Schedule 3 to the Police Reform Act 2002 investigations 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 40 282 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 3 — Acquisition of communications data b the words “ within the meaning of that Chapter ” 3 After sub-paragraph 3 insert— “ 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 262 and 263 of that Act ” 5 PART 4 RETENTION OF COMMUNICATIONS DATA Anti-terrorism Crime and Security Act 2001 62 Omit Part 11 of the Anti-terrorism Crime and Security Act 2001 retention of communications data 10 Data Retention and Investigatory Powers Act 2014 63 Omit sections 1 and 2 of the Data Retention and Investigatory Powers Act 2014 retention of relevant communications data PART 5 15 EQUIPMENT INTERFERENCE Regulation of Investigatory Powers Act 2000 64 The Regulation of Investigatory Powers Act 2000 is amended as follows 65 In section 48 interpretation of Part 2 in subsection 3 c — a omit the “or” at the end of sub-paragraph i b after sub-paragraph ii insert “ or iii Part 5 or Chapter 3 of Part 6 of the Investigatory Powers Act 2016 equipment interference ” 66 1 Paragraph 2 of Schedule 2 persons having the appropriate permission where data obtained under warrant etc is amended as follows 2 In sub-paragraph 1 — a omit the “or” at the end of paragraph a b after paragraph b insert “ or c a targeted equipment interference warrant issued under section 107 of the Investigatory Powers Act 2016 powers of law enforcement chiefs to issue warrants to law enforcement officers ” 3 In sub-paragraph 5 at the end insert “or under a targeted equipment interference warrant issued under section 107 of the Investigatory Powers Act 2016 ” 4 In sub-paragraph 6 — a omit the “and” at the end of paragraph b 20 25 30 35 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 5 — Equipment interference b 283 after paragraph c insert “ and d in relation to protected information obtained under a warrant issued under section 107 of the Investigatory Powers Act 2016 means the person who issued the warrant or if that person was an appropriate delegate in relation to a law enforcement chief either that person or the law enforcement chief ” 5 5 After sub-paragraph 6 insert— “ 6A In sub-paragraph 6 d the references to a law enforcement chief and to an appropriate delegate in relation to a law enforcement chief are to be read in accordance with section 107 5 of the Investigatory Powers Act 2016 ” 10 Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 67 The Regulation of Investigatory Powers Scotland Act 2000 is amended as follows 68 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 ” 69 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 of the Investigatory Powers Act 2016 equipment interference so far as relating to the Police Service or the Police Investigations and Review Commissioner ” 15 20 25 Crime and Courts Act 2013 70 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 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 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” 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 — 30 35 40 284 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 5 — Equipment interference a b the equipment that is being interfered with under the warrant is in Northern Ireland and 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 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 and 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 becomes aware that the equipment is in Northern Ireland provided that the officer informs the Chief Constable of the Police Service of Northern Ireland about the interference as soon as reasonably practicable ” 5 10 15 20 PART 6 JUDICIAL COMMISSIONERS Police Act 1997 71 The Police Act 1997 is amended as follows 72 In section 103 8 appeals for “the period” substitute “any period” 73 In section 105 1 b iii reports of appeals dismissed omit “under section 107 2 ” 74 In section 108 1 interpretation of Part 3 after the definition of “designated deputy” insert— ““the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 see section 264 1 of that Act ” 25 30 Regulation of Investigatory Powers Act 2000 75 The Regulation of Investigatory Powers Act 2000 is amended as follows 76 In section 37 9 a appeals against decisions of ordinary Surveillance Commissioners for “the period” substitute “any period” 77 In section 39 3 appeals reports of Chief Surveillance Commissioner — a for “Subsections 3 and 4 of section 107 of the Police Act 1997” substitute “Subsections 6 to 8 of section 235 of the Investigatory Powers Act 2016” and b for “subsection 2 of that section” substitute “subsection 1 of that section” 35 40 285 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 6 — Judicial Commissioners 78 Omit section 40 Commissioners 79 In section 51 7 b notification to Intelligence Services Commissioner or Chief Surveillance Commissioner of certain directions relating to the disclosure of a key to protected information for “the Commissioner in question” substitute “the Investigatory Powers Commissioner” 80 information to be provided to Surveillance 5 1 Section 64 delegation of Commissioners’ functions is amended as follows 2 In the heading for “Commissioners’ functions” substitute “functions of the Investigatory Powers Commissioner for Northern Ireland” 3 In subsection 1 — a omit “or any provision of an Act of the Scottish Parliament” and b for “a relevant Commissioner” substitute “the Investigatory Powers Commissioner for Northern Ireland” 10 4 Omit subsection 2 81 82 In section 71 2 issue and revision of codes of practice for “the Surveillance Commissioners” substitute “a Judicial Commissioner” 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 paragraphs d and e substitute— “ ba the Investigatory Powers Commissioner for Northern Ireland carrying out functions under this Act or bb 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 83 15 20 25 1 Section 81 1 general definitions is amended as follows 2 Omit the definitions of “Assistant Surveillance Commissioner” “ordinary Surveillance Commissioner” “Surveillance Commissioner” and “Chief Surveillance Commissioner” 3 After the definition of “interception warrant” insert— ““the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 see section 264 1 of that Act ” Regulation of Investigatory Powers Scotland Act 2000 2000 asp 11 84 The Regulation of Investigatory Powers Scotland Act 2000 is amended as follows 85 In the cross-heading before section 2 Surveillance Commissioners for “Surveillance” substitute “Judicial” 86 In section 2 10 restrictions on appeals against Commissioners — a for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner” and 30 35 40 286 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 6 — Judicial Commissioners b for “other Surveillance Commissioner” substitute “other Judicial Commissioner” 87 In the heading of section 16 for “Surveillance Commissioners” substitute “Judicial Commissioners” 88 Omit section 18 Commissioners 89 In the cross-heading before section 21 Chief Surveillance Commissioner for “Chief Surveillance” substitute “Investigatory Powers” 90 Omit section 21 functions of Chief Surveillance Commissioner 91 information to be provided to Surveillance 1 Section 22 co-operation with and reports by Chief Surveillance Commissioner is amended as follows 5 10 2 Omit subsection 1 3 In subsection 2 for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner” 4 In subsection 3 — a for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner” and b after “under” insert “ and in relation to ” 92 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” 93 In section 26 4 effect of codes of practice — a in paragraph b for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner” and b in paragraph c for “a Surveillance Commissioner” substitute “a Judicial Commissioner other than the Investigatory Powers Commissioner ” 94 15 20 25 1 Section 31 1 interpretation is amended as follows 2 After the definitions of “directed” and “intrusive” insert— ““the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 see section 264 1 of that Act ” 3 Omit the definitions of “ordinary Surveillance Commissioner” “Surveillance Commissioner” and “Chief Surveillance Commissioner” 30 35 Terrorism Prevention and Investigation Measures Act 2011 95 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 Commissioner” substitute “the Investigatory Powers Commissioner” Protection of Freedoms Act 2012 96 The Protection of Freedoms Act 2012 is amended as follows 40 287 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 6 — Judicial Commissioners 97 1 Section 29 code of practice for surveillance camera systems is amended as follows 2 In subsection 5 d duty to consult certain persons in preparing code for “the Chief Surveillance Commissioner” substitute “the Investigatory Powers Commissioner” 5 3 In subsection 7 omit the definition of “the Chief Surveillance Commissioner” 98 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” 10 PART 7 OTHER MINOR AND CONSEQUENTIAL PROVISION Telecommunications Act 1984 99 Omit section 94 of the Telecommunications Act 1984 directions in the interests of national security etc 15 Northern Ireland Act 1998 100 In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 excepted matters after “subversion ” insert “the Technical Advisory Board provided for by section 246 of the Investigatory Powers Act 2016 ” Communications Act 2003 20 101 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 PART 8 25 REPEALS AND REVOCATIONS CONSEQUENTIAL ON OTHER REPEALS OR AMENDMENTS IN THIS ACT General amendments Title Extent of repeal or revocation Serious Crime Act 2015 Section 83 Section 86 12 In Schedule 4 paragraph 18 30 Lawful interception of communications Title Regulation of Investigatory Powers Act 2000 Extent of repeal or revocation In Schedule 4 paragraphs 7 2 and 9 35 288 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 Anti-terrorism Crime Security Act 2001 and Section 116 3 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 National Health Service Consequential Provisions Act 2006 In Schedule 1 paragraph 208 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 Terrorist Asset-Freezing etc Act 2010 Section 28 2 and 3 Terrorism Prevention and Investigation Measures Act 2011 In Schedule 7 paragraph 4 Regulation of Investigatory Powers Monetary Penalty Notices and Consents for Interceptions Regulations 2011 S I 2011 1340 The whole Regulations Health and Social Care Act 2012 In Schedule 5 paragraph 98 Justice and Security Act 2013 Section 16 In Schedule 2 paragraph 11 Crime and Courts Act 2013 In Schedule 8 paragraph 78 5 10 15 20 25 In Schedule 9 paragraph 125 Data Retention Investigatory Powers 2014 and Act Counter-Terrorism and Security Act 2015 Section 3 1 and 2 Section 4 2 to 7 Section 5 30 Section 15 3 In Schedule 8 paragraph 2 Acquisition and retention of communications data Title Extent of repeal or revocation Serious Organised Crime and Police Act 2005 In Schedule 4 paragraph 135 Serious Crime Act 2007 In Schedule 12 paragraphs 7 and 8 Police Public Order and Criminal Justice Scotland Act 2006 Consequential Provisions and Modifications Order 2007 S I 2007 1098 In the Schedule paragraph 4 5 35 40 Investigatory Powers Bill Schedule 10 — Minor and consequential provision Part 8 — Repeals and revocations consequential on other repeals or amendments in this Act Title 289 Extent of repeal or revocation Policing and Crime Act 2009 Section 7 In Schedule 7 paragraphs 13 and 14 Protection of Freedoms Act 2012 Section 37 5 In Schedule 9 paragraphs 7 and 8 and in paragraph 16 b sub-paragraph i and the word “and” at the end of sub-paragraph i Crime and Courts Act 2013 In Schedule 8 paragraph 81 Police and Fire Reform Scotland Act 2012 Consequential Provisions and Modifications Order 2013 S I 2013 602 In Schedule 2 paragraph 33 5 to 8 and 15 a 10 Data Retention Investigatory Powers 2014 Section 3 3 and 4 Section 4 8 to 10 15 and Act Counter-Terrorism and Security Act 2015 Section 21 Section 52 3 a Judicial Commissioners Title Extent of repeal or revocation Scotland Act 1998 CrossBorder Public Authorities Adaptation of Functions etc Order 1999 S I 1999 1747 In Schedule 6 paragraph 2 2 and 5 Regulation of Investigatory Powers Act 2000 In Schedule 4 paragraph 8 1 10 and 11 Insolvency Act 2000 In Schedule 4 paragraph 22 2 Scotland Act 1998 Transfer of Functions to the Scottish Ministers etc No 2 Order 2000 S I 2000 3253 In Schedule 3 paragraphs 9 to 12 Insolvency Act 2000 Company Directors Disqualification Undertakings Order 2004 S I 2004 1941 In the Schedule paragraph 10 Constitutional Reform Act 2005 In Schedule 17 paragraphs 27 and 30 2 a and b Tribunals Courts Enforcement Act 2007 In Schedule 16 paragraph 11 2 Serious Crime Act 2007 20 and 25 In Schedule 12 paragraph 3 30 35 40 290 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 Companies Act 2006 Consequential Amendments Transitional Provisions and Savings Order 2009 S I 2009 1941 In Schedule 1 paragraph 169 Police Reform and Social Responsibility Act 2011 In Schedule 16 paragraph 222 Protection of Freedoms Act 2012 In Schedule 9 paragraphs 10 and 11 Justice and Security Act 2013 Section 5 In Schedule 2 paragraph 4 Crime and Courts Act 2013 In Schedule 8 paragraph 59 5 10 In Schedule 21 paragraph 4 Police and Fire Reform Scotland Act 2012 Consequential Provisions and Modifications Order 2013 S I 2013 602 In Schedule 1 paragraph 6 6 In Schedule 2 paragraph 33 20 and 22 c 15 Anti-social Behaviour Crime and Policing Act 2014 Section 150 20 Data Retention Investigatory Powers 2014 Section 6 and Act Other minor and consequential provision Title Communications Act 2003 Extent of repeal or revocation In Schedule 17 paragraph 70 25 Investigatory Powers Bill A BILL AS AMENDED ON REPORT 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 19th October 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 66 56 2