Legalize / United Kingdom / Public General Act

Investigatory Powers Act 2016

Type Public General Act

Publication 2016-11-29

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“enactment” means an enactment whenever passed or made; and includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, andan enactment contained in, or in an instrument made under, Northern Ireland legislation,

“enhanced affirmative procedure” is to be read in accordance with section 268,

“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—in relation to the Security Service, the Director-General,in relation to the Secret Intelligence Service, the Chief, andin 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 227(1)(a) (and the expression is also to be read in accordance with section 227(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”—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),in relation to Scotland, means—communications between a professional legal adviser and the adviser's client, orcommunications 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, andin 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 227(1)(a) or (b) (and the expression is therefore to be read in accordance with section 227(13)(a)),

“legal proceedings” means—civil or criminal proceedings in or before a court or tribunal, orproceedings 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—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern 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—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, orthe 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—subordinate legislation within the meaning of the Interpretation Act 1978, oran 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 245,

“the Technology Advisory Panel” means the panel established in accordance with section 246(1),

“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006,

“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

(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;

(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);

(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.

General definitions: “journalistic material” etc.

264

(1) The definitions in this section have effect for the purposes of this Act.

Journalistic material2“Journalistic material” means material created or acquired for the purposes of journalism.3For the purposes of this section, where—aa person (“R”) receives material from another person (“S”), andbS 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.4For 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.5For the purposes of this section—amaterial 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, andbmaterial 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.

Confidential journalistic material6“Confidential journalistic material” means—ain the case of material contained in a communication, journalistic material which the sender of the communication—iholds in confidence, oriiintends the recipient, or intended recipient, of the communication to hold in confidence;bin any other case, journalistic material which a person holds in confidence.7A person holds material in confidence for the purposes of this section if—athe person holds it subject to an express or implied undertaking to hold it in confidence, orbthe person holds it subject to a restriction on disclosure or an obligation of secrecy contained in an enactment.

Index of defined expressions

265

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.

Supplementary provision

Offences by bodies corporate etc.

266

(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) 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—in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate, andin relation to a Scottish partnership, a partner in the partnership.

Regulations

267

(1) 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

(2) See sections 72(3) and 73(6) for the procedure for a statutory instrument containing regulations under section 71 to which section 72 applies or (as the case may be) regulations under section 73(4) to which section 73(5) applies (enhanced affirmative procedure).

(3) A statutory instrument containing regulations under—

(a) section 12(4) or 271(2) which amend or repeal any provision of primary legislation,

(b) section 46(2),

(d) section 83,

(e) section 90(1) , (5A)(a) or (11A)(a),

(ea) section 202A,

(f) section 239,

(g) section 240(3),

(h) section 245,

(i) section 253,

(j) section 257(1) , (4A)(a) or (10A)(a), ...

(ja) section 258A(2), 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) A statutory instrument containing—

(a) regulations under section 12(4) or 271(2) to which subsection (3) does not apply,

(b) regulations under section 65(5), or

is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(5) A statutory instrument containing—

(a) regulations under section 10(3),

(aa) regulations under section 12(5B),

(b) regulations under section 52(3),

(d) regulations under section 71 to which section 72 does not apply,

(e) regulations under section 73(4) to which section 73(5) does not apply,

(f) regulations under section 133(6)(a), or

(g) regulations under section 255(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) 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)).

(9) 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),

(b) the procedure set out in subsection (5) above (the negative procedure),

(10) 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

268

(1) For the purposes of regulations under section 71 to which section 72 applies and regulations under section 73(4) to which section 73(5) applies, the enhanced affirmative procedure is as follows.

(2) Subsection (3) applies if—

(a) the Secretary of State has consulted under section 72(2) or (as the case may be) 73(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

(3) 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) The Secretary of State must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

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.

(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.

Financial provisions

269

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.

Transitional, transitory or saving provision

270

(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.

Minor and consequential provision

271

(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.

Final provision

Commencement, extent and short title

272

(1) Subject to subsections (2) and (3), 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 260 to 269, 270(2), 271(2) to (4) and this section come into force on the day on which this Act is passed.

(3) Sections 227 and 228 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(4) Subject to subsections (5) to (7), this Act extends to England and Wales, Scotland and Northern Ireland.

(5) 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.

(6) 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.

(7) 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.

(8) This Act may be cited as the Investigatory Powers Act 2016.

SCHEDULE 1

Part 1 — Monetary penalty notices

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.

(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),

(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.

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—

(a) a requirement on the person on whom the notice is served to cease the interception on a specified day or within a specified period;

(b) (where appropriate for achieving such a cessation) a requirement on the person to take specified steps within a specified period, or to refrain from taking specified steps after the end of a specified period.

(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.

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).

(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 56, the person would be unable to raise on an appeal under paragraph 8.

(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

(1) The Commissioner may not vary a notice of intent except as set out in sub-paragraph (2).

(2) The Commissioner may vary a notice of intent by extending the period mentioned in paragraph 4(4)(f) or (g).

(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 sub-paragraph (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

(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.

(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.

(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.

(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 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.

(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 sub-paragraph (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.

(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.

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

(b) if the High Court so orders, as if it were payable under an order of that court.

(3) In Scotland, the penalty is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom in Scotland.

10

(1) A person on whom a monetary penalty notice containing an enforcement obligation is served must comply with the obligation.

(2) The duty imposed by sub-paragraph (1) is enforceable by civil proceedings by the Commissioner for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.

Guidance

11

(1) The Commissioner must prepare and issue guidance on how the Commissioner proposes to exercise the Commissioner's functions under section 7 and this Schedule.

(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,

(d) the circumstances in which the Commissioner would consider it appropriate to impose an enforcement obligation.

(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.

Interpretation of Part 1

12

In this Part of this Schedule—

“address” means—in the case of a registered company, the address of its registered office,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, andin 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;

“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.

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).

(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.

Appeals in relation to information notices

15

(1) A person on whom an information notice is served may appeal to the First-tier 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.

(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.

(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 sub-paragraph (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.

(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.

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,

(b) an amount calculated by reference to a daily rate, or

(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.

(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.

(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).

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.

(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);

“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

Health and Safety at Work etc. Act 1974

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1987

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer Protection Act 1987

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental Protection Act 1990

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In section 109B of the Social Security Administration Act 1992 (power to require information)—

(a) in subsection (2A) omit paragraph (j),

(b) in subsection (2E) for the words from “for” to the end of the subsection substitute “ so as to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator. ”,

(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 261 and 262 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 262 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 261 of that Act).

6

In section 109C of the Social Security Administration Act 1992 (powers of entry) for subsection (6) substitute—

(6) Subsections (2E) and (5) of section 109B apply for the purposes of this section as they apply for the purposes of that section.

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. ”,

(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 261 and 262 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 262 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 261 of that Act).

8

In section 103C of the Social Security Administration (Northern Ireland) Act 1992 (powers of entry) for subsection (6) substitute—

(6) Subsections (2E) and (5) of section 103B apply for the purposes of this section as they apply for the purposes of that section.

Financial Services and Markets Act 2000

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance Act 2008

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.)—

(a) omit sub-paragraph (f) of paragraph (3),

(b) in sub-paragraph (g) of that paragraph for “(f)” substitute “ (e) ”,

(d) after paragraph (10) insert—

(10A) 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

(e) 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 261 and 262 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 262 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 261 of that Act).

SCHEDULE 3

Introductory

1

This Schedule contains—

(a) exceptions to the exclusion by section 56(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

(1) Section 56(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 44 to 52;

(b) sections 1(5)(c), 3 and 4 of the Regulation of Investigatory Powers Act 2000;

(2) Where any disclosure is proposed to be, or has been, made on the grounds that it is authorised by sub-paragraph (1), section 56(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.

Disclosures of convictions for certain offences

3

Section 56(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), 43(7), 59 or 155,

(b) an offence under section 1(1) or (2), 11(7) or 19 of the Regulation of Investigatory Powers Act 2000, or

Proceedings before the Investigatory Powers Tribunal etc.

4

Section 56(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

Proceedings before Special Immigration Appeals Commission

5

(1) Section 56(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

(1) Section 56(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

(ii) does so otherwise than by virtue of an appointment under paragraph 7 of that Schedule.

Closed material proceedings

7

(1) Section 56(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).

(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.

TPIM proceedings

8

(1) Section 56(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.

(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 56(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.

(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 56(1) does not apply in relation to—

(a) any financial restrictions proceedings, or

(b) any proceedings arising out of such proceedings.

(2) In this paragraph “financial restrictions proceedings” has the meaning given by section 65 of the Counter-Terrorism Act 2008.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

But paragraph 10 does not permit 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 56(1) does not apply in relation to—

(a) any proceedings before—

(i) the Parole Commissioners for Northern Ireland, or

(ii) any Sentence Review Commissioners appointed under section 1 of the Northern Ireland (Sentences) Act 1998, or

(b) any proceedings arising out of such proceedings.

(2) But sub-paragraph (1) does not permit the disclosure of anything to—

(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.

Employment or industrial tribunal proceedings

14

(1) Section 56(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 56(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).

(3) Section 56(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.

Proceedings relating to dismissal for certain offences

16

Section 56(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—

(a) any conduct constituting an offence under section 3(1), 43(7), 59 or 155;

(b) any conduct taking place before the coming into force of this paragraph and constituting—

(i) an offence under section 1(1) or (2), 11(7) or 19 of the Regulation of Investigatory Powers Act 2000, or

(ii) an offence under section 1 of the Interception of Communications Act 1985.

Proceedings on appeals relating to claims of discrimination in Northern Ireland

17

(1) Section 56(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.

(2) Section 56(1) does not apply in relation to any proceedings arising out of proceedings within sub-paragraph (1).

18

But paragraph 17 does not permit the disclosure of anything to—

(a) any person who is or was excluded from all or part of the proceedings mentioned in paragraph 17(1), or

(b) any person who—

(i) represents such a person for the purposes of any proceedings within paragraph 17, and

(ii) does so otherwise than by virtue of appointment as a special advocate.

Civil proceedings for enforcement of duty to assist with implementation of warrants

19

Section 56(1) does not apply in relation to any civil proceedings under section 43(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

(1) Section 56(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;

(d) an offence under section 47 or 48 of the Wireless Telegraphy Act 2006;

(e) an offence under section 83 or 84 of the Postal Services Act 2000;

(f) 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;

(g) 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;

(h) an offence of perjury committed in the course of any relevant proceedings;

(ha) an offence under section 1 or 3 of the National Security Act 2023 relating to any information, document or other article which, or an offence under section 12 of that Act relating to any asset 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;

(hb) an offence under section 18 of the National Security Act 2023 in relation to an offence falling within paragraph (ha);

(i) an offence of attempting or conspiring to commit an offence falling within any of paragraphs (a) to (ha);

(j) an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence falling within any of those paragraphs;

(k) an offence of aiding, abetting, counselling or procuring the commission of an offence falling within any of those paragraphs;

(l) contempt of court committed in the course of, or in relation to, any relevant proceedings.

(3) In this paragraph—

“intercepted communication” and “interception-related conduct” have the same meaning as in section 56;

“relevant proceedings” means any proceedings mentioned in paragraphs 4 to 19.

Disclosures to prosecutors and judges

21

(1) Nothing in section 56(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 56(1).

(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,

(d) any person holding a judicial office that entitles the person to exercise the jurisdiction of a judge falling within paragraph (a) or (b).

Disclosures to inquiries and inquests

22

(1) Nothing in section 56(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.

(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

(1) Section 56(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,

(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.

(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 56(1) would be breached;

(c) any person whose conduct is the interception-related conduct (within the meaning of section 56) to which the disclosure or evidence relates (whether or not that conduct has in fact occurred);

(d) any other person to whom the subject-matter of the disclosure or evidence has been lawfully disclosed in accordance with section 58.

(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 56(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 56(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) In sub-paragraph (3) “intercepted material” means—

(a) any content of an intercepted communication (within the meaning of section 56), or

(b) any secondary data obtained from a communication.

(5) 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.

SCHEDULE 4

Part 1 — Table of authorities and officers etc.

Part 2 — Interpretation of table

1

In the table in Part 1 of this Schedule—

“entity data” means any communications data which is entity data.

SCHEDULE 5

Particular safeguards in connection with operation of section 69

1

(1) The following provisions apply where the functions of the Secretary of State under section 67 are exercisable by a public authority by virtue of regulations under section 83(1).

(2) The measures adopted or arrangements made by the public authority for the purpose of complying with the requirements of section 69 must be such as are approved by the Secretary of State.

(3) Any report required by section 69(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 83(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 83(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.

Transfer schemes in connection with transfer of functions

3

(1) The Secretary of State may, in connection with regulations under section 83(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,

(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee,

(e) make provision for the shared ownership or use of property,

(f) if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.

(4) A transfer scheme may provide—

(a) for modification by agreement,

(b) for modifications to have effect from the date when the original scheme came into effect.

(5) A transfer scheme may confer a discretion on the Secretary of State to pay compensation to any person whose interests are adversely affected by the scheme.

(6) A transfer scheme may be included in regulations under section 83(1) but, if not so included, must be laid before Parliament after being made.

(7) For the purposes of this paragraph references to rights and liabilities include references to—

(a) rights and liabilities relating to a contract of employment, and

(b) rights and liabilities of the Crown relating to the terms of employment of individuals in the civil service.

(8) Accordingly, a transfer scheme may, in particular, provide—

(a) for—

(i) an individual employed in the civil service to 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.

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—about a relevant tax, andmade 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.

Supplementary and other general provision

5

The power to make regulations under section 83(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 67 to 69 to be exercisable by the public authority,

(b) impose requirements or confer other functions on a public authority in connection with functions transferred by the regulations.

6

The power to make regulations under—

(a) section 83, or

(b) paragraph 4 above,

including that power as extended (whether by section 267(1) or otherwise) may, in particular, be exercised by modifying any enactment (including this Act).

SCHEDULE 6

Part 1 — Table: Part 1

Part 2 — Table: Part 2

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 106 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 106 to the chief officer of the police force.

2

(1) This paragraph applies for the purposes of the sixth entry in Part 1 of the 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 106 to the Director General of the National Crime Agency.

3

For the purpose of the sixth entry in Part 2 of the table, the reference to 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.

4

In this Schedule, “police force” means—

(a) any police force maintained under section 2 of the Police Act 1996;

(b) the metropolitan police force;

SCHEDULE 7

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

(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.

(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—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, orcommunications 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

(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,

(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.

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.

(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 sub-paragraphs (1) and (2) has taken place.

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.

(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.

(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

(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.

(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.

(6) In this paragraph “supervisory authority” means—

(a) the Investigatory Powers Commissioner or any other Judicial Commissioner,

(b) the Information Commissioner, or

SCHEDULE 8

Part 1 — Combinations with targeted interception warrants

Warrants that may be issued by Secretary of State

1

The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19(1) with one or more of the following—

(a) a targeted examination warrant which the Secretary of State has power to issue under section 19(2);

(b) a targeted equipment interference warrant which the Secretary of State has power to issue under section 102(1);

(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).

2

The Secretary of State may, on an application made by or on behalf of the Chief of Defence Intelligence, issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19(1) with one or more of the following—

(a) a targeted equipment interference warrant which the Secretary of State has power to issue under section 104;

(b) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

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Investigatory Powers Act 2016

General definitions: “journalistic material” etc.

264

Index of defined expressions

265

Supplementary provision

Offences by bodies corporate etc.

266

Regulations

267

Enhanced affirmative procedure

268

Financial provisions

269

Transitional, transitory or saving provision

270

Minor and consequential provision

271

Final provision

Commencement, extent and short title

272

SCHEDULE 1

Part 1 — Monetary penalty notices

Payment of monetary penalties

1

Contents of monetary penalty notices

2

Enforcement obligations

3

Consultation requirements before service of monetary penalty notices

4

5

6

Variation or cancellation of monetary penalty notices

7

Appeals in relation to monetary penalty notices

8

Enforcement of monetary penalty notices

9

10

Guidance

11

Interpretation of Part 1

12

Part 2 — Information provisions

Information notices

13

14

Appeals in relation to information notices

15

Enforcement of information notices

16

17

Technical assistance for the Commissioner

18

Interpretation of Part 2

19

SCHEDULE 2

Health and Safety at Work etc. Act 1974

1

Criminal Justice Act 1987

2

Consumer Protection Act 1987

3

Environmental Protection Act 1990

4

Social Security Administration Act 1992

5

6

Social Security Administration (Northern Ireland) Act 1992

7

8

Financial Services and Markets Act 2000

9

Finance Act 2008

10

Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014 (S.I. 2014/899)

11

SCHEDULE 3

Introductory