Investigatory Powers (Amendment) Act 2024

• (4) In section 255(10) (enforcement of national security notices and technical capability notices), in the opening words, for “subsection (9)” substitute “subsection (8) or (9), or by section 257(3A),”.

• (5) In section 257 (national security notices and technical capability notices: review by the Secretary of State)—

• (a) for subsection (3) substitute—

(3) Where a person who is given a notice under section 252 or 253 refers the notice under subsection (1)— (a) there is no requirement for the person to comply with the notice, so far as referred, and (b) subsection (3A) applies to the person, until the Secretary of State has reviewed the notice in accordance with subsection (4). (3A) Where this subsection applies to a person, the person must not make any relevant changes to telecommunications or postal services, or telecommunication systems, to which obligations imposed by the notice given under section 252 or 253 relate. (3B) In subsection (3A) “relevant change” means a change that, if implemented, would have a negative effect on the capability of the person to provide any assistance which the person may be required to provide in relation to any warrant, authorisation or notice issued or given under this Act.

;

• (b) in subsection (4)—

• (i) after “must” insert “, before the end of the review period,”;

• (ii) after “(1)” insert “(and accordingly decide what action to take under subsection (9))”;

• (c) after subsection (4) insert—

(4A) In subsection (4) “the review period” means— (a) such period as may be provided for by regulations made by the Secretary of State, or (b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (13)), such extended period.

;

• (d) after subsection (8) insert—

(8A) The Commissioner may give a direction to the person concerned or the Secretary of State specifying the period within which the person or the Secretary of State (as the case may be) may provide evidence, or make representations, in accordance with subsection (8)(a). (8B) If the Commissioner gives such a direction to the person or the Secretary of State, the Board and the Commissioner are not required to take into account any evidence provided, or representations made, by the person or the Secretary of State (as the case may be) after the end of that period.

;

• (e) in subsection (9)—

• (i) for “may” substitute “must”;

• (ii) after “Commissioner” insert “but before the end of the relevant period, decide whether to”;

• (f) after subsection (10) insert—

(10A) In subsection (9) “the relevant period” means— (a) such period as may be provided for by regulations made by the Secretary of State, or (b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (14)), such extended period.

;

• (g) after subsection (12) insert—

(13) Regulations under subsection (4A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State where the extension is agreed by the Secretary of State, the person concerned and a Judicial Commissioner. (14) Regulations under subsection (10A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State— (a) where the Secretary of State considers that there are exceptional circumstances that justify the extension, or (b) in any other circumstances specified in the regulations. (15) Where regulations under subsection (10A)(a) include provision mentioned in subsection (14), the regulations must also include provision requiring the Secretary of State to notify a Judicial Commissioner and the person concerned of the duration of any extended period.

• (6) In section 267(3) (regulations: affirmative procedure)—

• (a) in paragraph (e), after “90(1)” insert “, (5A)(a) or (11A)(a)”;

• (b) in paragraph (j), after “257(1)” insert “, (4A)(a) or (10A)(a)”.

Meaning of “telecommunications operator” etc

19

• (1) The Investigatory Powers Act 2016 is amended as follows.

• (2) In section 261(10) (meaning of “telecommunications operator”)—

• (a) omit the “or” after paragraph (a);

• (b) after paragraph (b) insert

, or (c) controls or provides a telecommunication system which— (i) is not (wholly or partly) in, or controlled from, the United Kingdom, and (ii) is used by another person to offer or provide a telecommunications service to persons in the United Kingdom.

• (3) In section 253 (technical capability notices)—

• (a) in subsection (1)(a)—

• (i) after “the operator”, in the first place it occurs, insert “or another relevant operator”;

• (ii) for “the operator”, in the second place it occurs, substitute “such operator”;

• (b) in subsection (2)(a), after “operator” insert “(to whom the notice is given)”.

Renewal of notices

20

• (1) The Investigatory Powers Act 2016 is amended as follows.

• (2) In section 87 (powers to require retention of certain data), after subsection (6) insert—

(6A) A retention notice ceases to have effect at the end of the relevant period unless before the end of that period— (a) it is varied in accordance with section 94(4) so as to require the retention of additional relevant communications data, (b) it is renewed (see section 94A), or (c) it is revoked or otherwise ceases to have effect (see sections 90(10) and 94). (6B) In subsection (6A) the “relevant period” means the period of two years beginning with— (a) in the case of a retention notice that has not been varied as mentioned in subsection (6A)(a) or renewed, the day on which the notice comes into force, or (b) in the case of a retention notice that has been so varied or renewed, the day after the day at the end of which the retention notice would have ceased to have effect if it had not been so varied or renewed.

• (3) In the italic heading before section 94, for “or revocation” substitute “, revocation or renewal”.

• (4) After section 94 (but before the italic heading before section 95) insert—

(94A) (1) If the renewal conditions are met, a retention notice may be renewed, at any time during the renewal period, by a notice given by the Secretary of State. (2) The renewal conditions are— (a) that the Secretary of State considers that the requirement in the retention notice for a telecommunications operator to retain relevant communications data is still necessary and proportionate for one or more of the purposes falling within sub-paragraphs (i) to (vi) of section 87(1)(a), and (b) that the decision to renew the notice 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 retention notice would otherwise cease to have effect. (4) The Secretary of State must give, or publish, notice of the renewal in such manner as the Secretary of State considers appropriate for bringing the renewal to the attention of the telecommunications operator (or description of operators) to whom it relates. (5) Sections 87(10), 88, 89 and 90 apply in relation to the renewal of a retention notice as they apply in relation to the giving of a retention notice.

• (5) In section 229 (main oversight functions), in subsection (8)(e)(i), for “or varying” substitute “, varying or renewal”.

• (6) In section 255 (further provision about national security notices and technical capability notices), after subsection (5) insert—

(5A) A relevant notice ceases to have effect at the end of the relevant period unless before the end of that period— (a) it is varied in accordance with section 256(4)(c) or (5)(c) so as to impose further requirements on the person to whom the notice was given, (b) it is renewed (see section 256A), or (c) it is revoked or otherwise ceases to have effect (see section 256). (5B) In subsection (5A) the “relevant period” means the period of two years beginning with— (a) in the case of a relevant notice that has not been varied as mentioned in subsection (5A)(a) or renewed, the day on which the notice was given, or (b) in the case of a relevant notice that has been so varied or renewed, the day after the day at the end of which the relevant notice would have ceased to have effect if it had not been so varied or renewed.

• (7) After section 256 insert—

(256A) (1) If the renewal conditions are met, a relevant notice may be renewed, at any time during the renewal period, by a notice given by the Secretary of State. (2) The renewal conditions for a national security notice given under section 252 are that— (a) the Secretary of State considers that the notice is still necessary in the interests of national security, (b) the Secretary of State considers that the conduct required by the notice is still proportionate to what is sought to be achieved by that conduct, and (c) the decision to renew the notice has been approved by a Judicial Commissioner. (3) The renewal conditions for a technical capability notice given under section 253 are that— (a) the Secretary of State considers that the notice is still necessary for securing that the relevant 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 still proportionate to what is sought to be achieved by that conduct, and (c) the decision to renew the notice has been approved by a Judicial Commissioner. (4) The renewal period means the period of 30 days ending with the day at the end of which the relevant notice would otherwise cease to have effect. (5) If the Secretary of State renews a relevant notice given to any person, the Secretary of State must give that person notice in writing of the renewal. (6) Sections 254, 255(2) to (4) and (7) and 257 apply in relation to the renewal of a relevant notice as they apply in relation to the giving of a relevant notice. (7) Section 255(6) applies to any notice of the renewal of a technical capability notice as it applies to a technical capability notice. (8) In this section— - “relevant authorisation” has the meaning given by section 253; - “relevant notice” means— a national security notice under section 252, or a technical capability notice under section 253; - “relevant operator” has the meaning given by section 253.

Notification of proposed changes to telecommunications services etc

Notification of proposed changes to telecommunications services etc

21

• (1) The Investigatory Powers Act 2016 is amended in accordance with subsections (2) and (3).

• (2) After section 258 (but before the italic heading before section 259) insert—

(258A) (1) The Secretary of State may give a relevant operator a notice in writing under this section requiring the operator to notify the Secretary of State of any proposals of the operator to make any relevant changes specified in the notice. (2) In this section “relevant change” means a change— (a) to a service or system within subsection (3), and (b) that is specified in regulations made by the Secretary of State as a change that may be included in a notice given under this section. (3) The following are within this subsection— (a) telecommunications services offered or provided by the operator; (b) telecommunication systems controlled or provided by the operator; (c) postal services provided by the operator. (4) Regulations under subsection (2) may in particular specify changes by reference to the impact of the changes on the capability of a relevant operator to provide any assistance which the operator may be required to provide in relation to any warrant, authorisation or notice issued or given under this Act. (5) The Secretary of State may give a relevant operator a notice under this section only if the Secretary of State considers that— (a) the notice is necessary for maintaining the capability of the relevant operator to provide any assistance which the operator may be required to provide in relation to any warrant, authorisation or notice issued or given under this Act, and (b) the conduct required by the notice is proportionate to what is sought to be achieved by that conduct. (6) Before giving a notice under this section, 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 likely cost of complying with the notice, and (d) any other effect of the notice on the operator to whom it relates. (7) Before giving a notice under this section to a relevant operator, the Secretary of State must consult that operator. (8) A relevant operator to whom a notice is given under this section, or any person employed or engaged for the purposes of that relevant operator’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 relevant operator to whom a notice is given under this section must comply with the notice a reasonable time before making any relevant changes to which the notice relates. (10) The duty imposed by subsection (8) or (9) 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. (11) In this section “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, who meets the condition in subsection (12). (12) The condition in this subsection is that the operator or person provides (or has provided) assistance in relation to any warrant, authorisation or notice issued or given under this Act. (258B) (1) In this section— - “relevant notice” means a notice given under section 258A; - “relevant operator” has the same meaning as in that section. (2) The Secretary of State may— (a) vary a relevant notice; (b) revoke a relevant notice (whether wholly or in part). (3) The Secretary of State may vary a relevant notice only if the Secretary of State considers that— (a) the variation is necessary for maintaining the capability of the relevant operator to provide any assistance which the operator may be required to provide in relation to any warrant, authorisation or notice issued or given under this Act, and (b) the conduct required by the notice, as varied, is proportionate to what is sought to be achieved by that conduct. (4) If the Secretary of State varies or revokes a relevant notice given to any relevant operator, the Secretary of State must give that relevant operator notice in writing of the variation or revocation. (5) The fact that a relevant notice has been revoked in relation to a particular relevant operator does not prevent the giving of another relevant notice of the same kind in relation to the same relevant operator. (6) Subsections (6) and (7) of section 258A apply in relation to varying or revoking a relevant notice as they apply in relation to giving a relevant notice. (7) Any reference in this section or section 258A(8) or (9) to a notice given under section 258A includes a reference to such a notice as varied under this section.

• (3) In section 267(3) (regulations)—

• (a) omit the “or” after paragraph (j);

• (b) after that paragraph insert—

(ja) section 258A(2), or

.

• (4) The Regulation of Investigatory Powers Act 2000 is amended as follows.

• (5) In section 65 (the Tribunal)—

• (a) in subsection (5)(czi)—

• (i) for “or 253” substitute “, 253 or 258A”;

• (ii) for “or technical capability” substitute “, technical capability or proposed changes to telecommunications services etc”;

• (b) in subsection (5)(czl)(iii), for “or 253” substitute “, 253 or 258A”;

• (c) in subsection (8)(bc), for “or 253” substitute “, 253 or 258A”.

• (6) In section 67 (exercise of the Tribunal’s jurisdiction), in subsection (7)(azc), for “or 253” substitute “, 253 or 258A”.

• (7) In section 68 (Tribunal procedure)—

• (a) in subsection (5)(b), for “or 253” substitute “, 253 or 258A”;

• (b) in subsection (7)(f), for “or 253” substitute “, 253 or 258A”;

• (c) in subsection (7)(ha), for “or 253” substitute “, 253 or 258A”.

Part 5 — Miscellaneous

Members of Parliament etc

Interception and examination of communications: Members of Parliament etc

22

• (1) Section 26 of the Investigatory Powers Act 2016 (interception and examination of communications: Members of Parliament etc) is amended as follows.

• (2) In subsection (2)—

• (a) the words “the Prime Minister” become paragraph (a);

• (b) after that paragraph insert

, or (b) if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.

• (3) After subsection (2) insert—

(2A) Condition A is that the Prime Minister is unable to decide whether to give approval under subsection (2), due to incapacity or inability to access secure communications. (2B) Condition B is that the Secretary of State or a senior official considers that there is an urgent need for the decision (as to whether to give such approval) to be made. (2C) The Prime Minister may designate up to five individuals under this section. (2D) The Prime Minister may designate an individual under this section only if the individual— (a) holds the office of Secretary of State, and (b) has the necessary operational awareness to decide whether to give approvals under subsection (2). (2E) A designation under this section ends— (a) when the individual ceases to hold the office of Secretary of State, or (b) if earlier, when revoked by the Prime Minister. (2F) In this section “senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of His Majesty’s Diplomatic Service.

Equipment interference: Members of Parliament etc

23

• (1) Section 111 of the Investigatory Powers Act 2016 (equipment interference: Members of Parliament etc) is amended as follows.

• (2) In subsection (3)—

• (a) the words “the Prime Minister” become paragraph (a);

• (b) after that paragraph insert

, or (b) if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.

• (3) In subsection (6)—

• (a) the words “the Prime Minister” become paragraph (a);

• (b) after that paragraph insert

, or (b) if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.

• (4) After subsection (7) insert—

(7A) Condition A is that the Prime Minister is unable to decide whether to give approval under subsection (3) or (as the case may be) (6), due to incapacity or inability to access secure communications. (7B) Condition B is that the Secretary of State or a senior official considers that there is an urgent need for the decision (as to whether to give such approval) to be made. (7C) The Prime Minister may designate up to five individuals under this section. (7D) The Prime Minister may designate an individual under this section only if the individual— (a) holds the office of Secretary of State, and (b) has the necessary operational awareness to decide whether to give approvals under subsection (3) or (6). (7E) A designation under this section ends— (a) when the individual ceases to hold the office of Secretary of State, or (b) if earlier, when revoked by the Prime Minister.

Equipment interference

Issue of equipment interference warrants

24

• (1) Part 1 of the table in Schedule 6 to the Investigatory Powers Act 2016 (issue of warrants under section 106 etc) is amended in accordance with subsections (2) and (3).

• (2) In the entry relating to the Chief Constable of a police force maintained under section 2 of the Police Act 1996, in the second column—

• (a) for “section 12A(1) of the Police Act 1996” substitute “section 41(1) of the Police Reform and Social Responsibility Act 2011”;

• (b) for “section 12A(2)” substitute “section 41(5)”.

• (3) In the entry relating to the Director General of the National Crime Agency—

• (a) in the first column, after “General” insert “or a Deputy Director General”;

• (b) in the second column, after “General” insert “or a Deputy Director General”.

• (4) In section 107(3) of the Investigatory Powers Act 2016 (restriction on issue of warrants to certain law enforcement officers)—

• (a) after “General”, in the first place it occurs, insert “or a Deputy Director General”;

• (b) after “General”, in the second place it occurs, insert “or the Deputy Director General (as the case may be)”.

Modification of equipment interference warrants

25

In section 121 of the Investigatory Powers Act 2016 (notification of modifications), after subsection (3) insert—

(4) But subsection (3) does not apply where the modification— (a) is made in accordance with section 119(1), and (b) is to remove any matter, name or description included in the warrant in accordance with section 115(3) to (5).

Issue of targeted examination warrants to intelligence services

26

In section 102 of the Investigatory Powers Act 2016 (power to issue warrants to intelligence services: the Secretary of State), for subsection (4) substitute—

(4) But the Secretary of State may not issue a targeted examination warrant under subsection (3) 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 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 103.

Bulk equipment interference: safeguards for confidential journalistic material etc

27

• (1) The Investigatory Powers Act 2016 is amended as follows.

• (2) For section 195 (additional safeguard for confidential journalistic material) substitute—

(195) (1) Subsection (2) applies if, in a case where material obtained under a bulk equipment interference warrant (“BEI material”) is to be selected for examination— (a) the purpose, or one of the purposes, of using those criteria to be used for the selection of the BEI material for examination (“the relevant criteria”) is to identify any confidential journalistic material or to identify or confirm a source of journalistic information, or (b) the use of the relevant criteria is highly likely to identify confidential journalistic material or identify or confirm a source of journalistic information. (2) The BEI material may be selected for examination using the relevant criteria only if the use of those criteria has been approved by— (a) the Investigatory Powers Commissioner, or (b) in a case where a senior official acting on behalf of the Secretary of State considers there is an urgent need to do so, the senior official. (3) The Investigatory Powers Commissioner or a senior official may give an approval under subsection (2) only if the Commissioner or official considers that— (a) the public interest in obtaining the information that would be obtained by the selection of the BEI material for examination outweighs the public interest in the confidentiality of confidential journalistic material or sources of journalistic information, and (b) there are no less intrusive means by which the information may reasonably be obtained. (4) Subsection (5) applies where— (a) material obtained under a bulk equipment interference warrant (“the relevant material”) is retained, following its examination, for purposes other than the destruction of the relevant material, and (b) the person to whom the warrant is addressed considers that the relevant material contains confidential journalistic material or material that would identify or confirm a source of journalistic information. (5) The person to whom the warrant is addressed must inform the Investigatory Powers Commissioner of the retention of the relevant material as soon as reasonably practicable. (6) Unless the Investigatory Powers Commissioner considers that subsection (8) applies to the relevant material, the Commissioner must direct that the relevant material is destroyed. (7) If the Investigatory Powers Commissioner considers that subsection (8) applies to the relevant material, the Commissioner may impose such conditions as to the use or retention of the relevant material as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of confidential journalistic material or sources of journalistic information. (8) This subsection applies to material containing— (a) confidential journalistic material, or (b) material identifying or confirming a source of journalistic information, if the public interest in retaining the material outweighs the public interest in the confidentiality of confidential journalistic material or sources of journalistic information. (9) The Investigatory Powers Commissioner— (a) may require an affected party to make representations about how the Commissioner should exercise any function under subsections (6) and (7), and (b) must have regard to any such representations made by an affected party (whether or not as a result of a requirement imposed under paragraph (a)). (10) “Affected party” has the meaning given by section 194(14). (For provision about the grounds for retaining material obtained under a warrant, see section 191.) (195A) (1) This section applies where material obtained under a bulk equipment interference warrant is selected for examination using criteria the use of which was approved by a senior official under section 195(2). (2) The Secretary of State must, as soon as reasonably practicable, inform the Investigatory Powers Commissioner that the approval has been given. (3) The Investigatory Powers Commissioner must, as soon as reasonably practicable— (a) consider whether the relevant condition is met as regards the use of the criteria for the selection of the material for examination, and (b) notify the Secretary of State of their decision. (4) For this purpose, “the relevant condition” is that— (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 confidential journalistic material or sources of journalistic information, and (b) there are no less intrusive means by which the information may reasonably be obtained. (5) On the giving of a notification of a decision that the relevant condition is not met, the senior official’s approval ceases to have effect. (6) Nothing in subsection (5) affects the lawfulness of— (a) anything done by virtue of the approval before it ceases to have effect, or (b) if anything is in the process of being done by virtue of the approval 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.

• (3) In section 229 (main oversight functions), in subsection (8), before paragraph (g) insert—

(fb) deciding whether— (i) to approve the use of criteria under section 195(2)(a), (ii) subsection 195(8) applies for the purposes of subsection 195(6) and (7), (iii) the relevant condition is met for the purposes of subsection 195A(3)(a).

Exclusion of matters from legal proceedings etc: exceptions

Exclusion of matters from legal proceedings etc: exceptions

28

• (1) Schedule 3 to the Investigatory Powers Act 2016 (exceptions to section 56) is amended as follows.

• (2) After paragraph 12 insert—

(12A) (1) Section 56(1) does not apply in relation to— (a) any proceedings before the Parole Board, 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.

• (3) After paragraph 24 insert—

(25) (1) Nothing in section 56(1) prohibits— (a) a disclosure to a relevant coroner conducting an NI investigation or inquest, or (b) a disclosure to a qualified person— (i) appointed as legal adviser to an inquest conducted by the coroner, or (ii) employed under section 11(3) of the Coroners Act (Northern Ireland) 1959 (c. 15) (“the 1959 Act”) by a relevant coroner to assist the coroner in an investigation conducted by the coroner, where, in the course of the investigation or inquest, the relevant coroner (“C”) has ordered the disclosure to be made to C alone or (as the case may be) to C and any qualified person appointed or employed by C as mentioned in paragraph (b). (2) A relevant coroner may order a disclosure under sub-paragraph (1) only if the coroner considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice. (3) In a case where a coroner (“C”) conducting, or who has been conducting, an NI investigation or inquest is not a relevant coroner, nothing in section 56(1) prohibits— (a) a disclosure to C that there is intercepted material in existence which is, or may be, relevant to the investigation or inquest; (b) a disclosure to a qualified person appointed by C as legal adviser to the inquest or employed by C under section 11(3) of the 1959 Act to assist C in 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) In this paragraph— - “the 1959 Act” has the meaning given by sub-paragraph (1); - “coroner” means a coroner appointed under section 2 of the 1959 Act; - “NI investigation or inquest” means an investigation under section 11(1) of the 1959 Act or an inquest under section 13 or 14 of that Act; - “qualified person” means a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland); - “relevant coroner” means a coroner who is a judge of the High Court or of a county court in Northern Ireland. (26) (1) Nothing in section 56(1) prohibits— (a) a disclosure to a relevant person conducting an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (2016 asp 2) (“IFASDA 2016”), or (b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry, where, in the course of the inquiry, the person conducting the inquiry has ordered the disclosure to be made to that person alone or (as the case may be) to that person and any qualified person appointed to assist a relevant person in the inquiry. (2) A relevant 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) Nothing in section 56(1) prohibits— (a) a disclosure to a relevant person conducting an inquiry under IFASDA 2016, or (b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry, that there is intercepted material in existence which is, or may be, relevant to the inquiry. (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) In this paragraph “relevant person” means— (a) a sheriff principal, (b) a temporary sheriff principal, or (c) a sheriff or part-time sheriff (but not a summary sheriff or part-time summary sheriff) designated as a specialist under section 37(1) or (3) of IFASDA 2016. (6) In this paragraph “qualified person” means an advocate or solicitor; and “advocate” and “solicitor” have the same meaning as in IFASDA 2016 (see section 40 of that Act).

Freedom of information

Freedom of information: bodies dealing with security matters

29

In section 23(3) of the Freedom of Information Act 2000 (information supplied by, or relating to, bodies dealing with security matters), after paragraph (o) insert—

(p) a Judicial Commissioner within the meaning of the Investigatory Powers Act 2016 (see section 263(1) of that Act).

Part 6 — General

Power to make consequential provision

30

• (1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

• (2) Regulations under subsection (1) may, in particular, amend or repeal provision made by or under an Act passed before, or in the same session as, this Act.

• (3) A statutory instrument containing (whether alone or with other provision) regulations under this section which amend or repeal an Act 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) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

31

• (1) This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.

• (2) Any amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.

• (3) The power under section 272(6) of the Investigatory Powers Act 2016 may be exercised so as to extend to the Isle of Man or any of the British overseas territories any amendment or repeal made by or under this Act of any part of that Act (with or without modifications).

Commencement.

32

• (1) This Part comes into force on the day on which this Act is passed.

• (2) The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (3) Different days may be appointed for different purposes.

• (4) The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of this Act.

• (5) The power to make regulations under subsection (4) includes power to make different provision for different purposes.

Short title

33

This Act may be cited as the Investigatory Powers (Amendment) Act 2024.

Schedule

Part 1 — Restoration 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), omit subsections (9) and (10).

Criminal Justice Act 1987

2

In section 2 of the Criminal Justice Act 1987 (investigation of powers of the Director of Serious Fraud Office), omit subsections (10A) and (10B).

Consumer Protection Act 1987

3

In section 29 of the Consumer Protection Act 1987 (powers of search etc), omit subsections (8) and (9).

Environmental Protection Act 1990

4

In section 71 of the Environmental Protection Act 1990 (obtaining of information from persons and authorities), omit subsections (5) and (6).

Financial Services and Markets Act 2000

5

In section 175 of the Financial Services and Markets Act 2000 (information gathering and investigations: supplemental provision), omit subsections (5A) and (5B).

Part 2 — Consequential amendments

6

In consequence of paragraphs 1 to 5 omit paragraphs 1 to 4 and 9 of Schedule 2 to the Investigatory Powers Act 2016 (abolition of disclosure powers).

Requirement for authorisation

Low or no reasonable expectation of privacy

Duration of bulk personal dataset warrants

Agency head functions

Third party bulk personal datasets

Minor and consequential amendments

Deputy Investigatory Powers Commissioners

Delegation of functions

Temporary Judicial Commissioners

Main functions of the Investigatory Powers Commissioner

Personal data breaches

Offence of unlawfully obtaining communications data

Meaning of “communications data”: subscriber details

Powers to obtain communications data

Internet connection records

Powers to require retention of certain data

Extra-territorial enforcement of retention notices etc

Review of notices by the Secretary of State

Meaning of “telecommunications operator” etc

Renewal of notices

Notification of proposed changes to telecommunications services etc

Interception and examination of communications: Members of Parliament etc

Equipment interference: Members of Parliament etc

Issue of equipment interference warrants

Modification of equipment interference warrants

Issue of targeted examination warrants to intelligence services

Bulk equipment interference: safeguards for confidential journalistic material etc

Exclusion of matters from legal proceedings etc: exceptions

Freedom of information: bodies dealing with security matters

Power to make consequential provision

Extent

Commencement.

Short title

Health and Safety at Work etc Act 1974

Criminal Justice Act 1987

Consumer Protection Act 1987

Environmental Protection Act 1990

Financial Services and Markets Act 2000

Editorial notes

[^key-8c48c42b37abf870b87c238b1955a49d]: S. 1 not in force at Royal Assent, see s. 32(2)

[^key-4791ed68c10fdf48b7fb8339c8a9dae9]: S. 2 not in force at Royal Assent, see s. 32(2)

[^key-51c2de3e27cc6340c221e84e1099d45f]: S. 3 not in force at Royal Assent, see s. 32(2)

[^key-60365e875b389f5cca80bb1423eb26ef]: S. 4 not in force at Royal Assent, see s. 32(2)

[^key-ffb1e0190376afe13ae9ed8a412704ce]: S. 5 not in force at Royal Assent, see s. 32(2)

[^key-d6229bf9b16ca33283f4bdc9c9e7ef84]: S. 6 not in force at Royal Assent, see s. 32(2)

[^key-2d8ba81e08640880510fb4fc13089e01]: S. 7 not in force at Royal Assent, see s. 32(2)

[^key-fe2823d0ed2e2208eee2522e098beaf8]: S. 8 not in force at Royal Assent, see s. 32(2)

[^key-4e84522be1bed9f8b5026e91d1e38516]: S. 9 not in force at Royal Assent, see s. 32(2)

[^key-4afc8b1241703a552a120673e48ac763]: S. 10 not in force at Royal Assent, see s. 32(2)

[^key-3379aa5d5f53908a626cad62a834e856]: S. 11 not in force at Royal Assent, see s. 32(2)

[^key-9dc30074d09f2ea7f02065baac08f581]: S. 12 not in force at Royal Assent, see s. 32(2)

[^key-eb3a878012fe4b1474204207fcec5c77]: S. 13 not in force at Royal Assent, see s. 32(2)

[^key-f1713112ce66ecbccac9b2d013c8ebc7]: S. 14 not in force at Royal Assent, see s. 32(2)

[^key-6420159049ebfdef617d68d08a76e7fb]: S. 15 not in force at Royal Assent, see s. 32(2)

[^key-5be19319b2b71c778e30d058827a2c33]: S. 16 not in force at Royal Assent, see s. 32(2)

[^key-8f30797b0868f7c9f4b5420054ca3871]: S. 17 not in force at Royal Assent, see s. 32(2)

[^key-3e6bf03ec2a066d22bd65e31ff7c4874]: S. 18 not in force at Royal Assent, see s. 32(2)

[^key-9bf6a9ef391c566c04407b64c1bf6a44]: S. 19 not in force at Royal Assent, see s. 32(2)

[^key-8340718e13e1f4bd50e1b4156b934870]: S. 20 not in force at Royal Assent, see s. 32(2)

[^key-1d0d196936f5a8db5e2be5b74b2236d9]: S. 21 not in force at Royal Assent, see s. 32(2)

[^key-326493802948ae2a4d58b2d247bb331c]: S. 22 not in force at Royal Assent, see s. 32(2)

[^key-06167a2ceba46707456fa24c9cd76ec2]: S. 23 not in force at Royal Assent, see s. 32(2)

[^key-1466617fda12f4d11c906a1d23c8d495]: S. 24 not in force at Royal Assent, see s. 32(2)

[^key-c8da6cda9bf42f62ea6577c83c33b73c]: S. 25 not in force at Royal Assent, see s. 32(2)

[^key-55aa316c2c26995b0ed80f371702250f]: S. 26 not in force at Royal Assent, see s. 32(2)

[^key-3a6c09c9045db078cb1f6bed81f3cb5e]: S. 27 not in force at Royal Assent, see s. 32(2)

[^key-2212c95a42ed60fb8fc6d18a2d729773]: S. 28 not in force at Royal Assent, see s. 32(2)

[^key-6db8228dcd79b9a44a51d793f8b79d7e]: S. 29 not in force at Royal Assent, see s. 32(2)

[^key-a99742345cfaa2369fb743a2d00cb266]: S. 30 in force at Royal Assent, see s. 32(1)

[^key-97720f978622d8ca2418e3dd9e9cc1a0]: S. 31 in force at Royal Assent, see s. 32(1)

[^key-c8431595e46c7d7fdda6da45baab929f]: S. 32 in force at Royal Assent, see s. 32(1)

[^key-0f098daea60ea47905020d488202e23f]: S. 33 in force at Royal Assent, see s. 32(1)

[^key-17ef5fc7066675204d18f836fd7ae8b2]: Sch. para. 1 not in force at Royal Assent, see s. 32(2)

[^key-54714aa814c69c4de88b76000b414318]: Sch. para. 2 not in force at Royal Assent, see s. 32(2)

[^key-de160b04acf6f2a6d2473452d25888c8]: Sch. para. 3 not in force at Royal Assent, see s. 32(2)

[^key-1bb4a2a83f66e4a1eaa4c705694c5023]: Sch. para. 4 not in force at Royal Assent, see s. 32(2)

[^key-6f2c6927b0c485ba26b4a1bc6e739a4e]: Sch. para. 5 not in force at Royal Assent, see s. 32(2)

[^key-f4079f3ebaeeb47f04eb69a59e2a15d6]: Sch. para. 6 not in force at Royal Assent, see s. 32(2)

[^key-e46034b941c6e6786039d22d052a0e18]: S. 1 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(a)

[^key-da6aba9c0901cc95e3a45677e6ee0e3e]: S. 2 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(b)

[^key-57d23f27348af624c01778e6a2ba6ced]: S. 3 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(c)

[^key-b3d503f072b068c19e8110f1f0ba08a2]: S. 4 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(d)

[^key-175d5f410af3411c05323312e373355f]: S. 5 in force at 14.10.2024 for specified purposes by S.I. 2024/1021, reg. 2(e)

[^key-c0dd9ee32b92f2664850641eb7a8cc7c]: S. 6 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(f)

[^key-a3f7dd394ed2b48f42c31816796afd64]: S. 7 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(g)

[^key-0eca5a8a556f0c4c518c65b03bb146cd]: S. 8 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(h)

[^key-6747d5ac3abddbc015f127c916e4fe43]: S. 9 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(i)

[^key-895dd2d3508a7f86ce316b8151ddf378]: S. 10 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(j)

[^key-7bfdbd330a7dfe5d39313535f752fec3]: S. 11 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(k)

[^key-eccac573c8fb8d83d336cf26ce9878fe]: S. 12 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(l)

[^key-23a0653268c0415e4536ae299059e781]: S. 13 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(m)

[^key-0db0e1cbb5352ca9bd53dddef269837c]: S. 14 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(n)

[^key-3a542ffead11f59b67d7dfb06cf0aadf]: S. 15 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(o)

[^key-7b4c806b61614dfa5b672310ebf71a0b]: S. 16 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(p)

[^key-7971804ddc7a4a6fe57e25aa0d68b2cd]: S. 17 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(q)

[^key-7cca993ef16f4dc0d45fbff59534ca61]: S. 19 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(r)

[^key-785c18dd4286967174f634a9339f87b5]: S. 20 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(s) (with regs. 3, 4)

[^key-5ac8d6a0fedadc8e727c37b07bd15456]: S. 22 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(t)

[^key-b6b19b066dd509f3dfcb8c779945b2e6]: S. 23 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(u)

[^key-3b96459d13826d06c64b257c6df4a7cc]: S. 24 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(v)

[^key-dd3adb899bf7af7438f55468aa40302f]: S. 25 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(w)

[^key-6b57eadbf302340c741c6ebbeea03d7d]: S. 26 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(x)

[^key-b9617bb180e5ab71d3cbf52cad43a243]: S. 27 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(y)

[^key-7ee938e46126c0abbb2ac1843daa308c]: S. 28 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(z)

[^key-fd0a0ed2c11290e60c0f481550f20d6d]: S. 29 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(aa)

[^key-627cc8faae1ab57991321f19bd55a08b]: Sch. para. 1 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(bb)

[^key-08f1cb82075e0106c8777dbb1763bf77]: Sch. para. 2 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(bb)

[^key-b069966f0ff32ad244e47688340d26d8]: Sch. para. 3 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(bb)

[^key-58d4f6bcac5433635cc042f2242d56df]: Sch. para. 4 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(bb)

[^key-93957a724bfd35346d65df4b753d81e7]: Sch. para. 5 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(bb)

[^key-a8f6b130de957cbe9ec4d93a2673166d]: Sch. para. 6 in force at 14.10.2024 by S.I. 2024/1021, reg. 2(bb)

[^key-893a68ed7e4f55108759cedbce8d3b10]: S. 5 in force at 25.4.2025 in so far as not already in force by S.I. 2025/501, reg. 2

[^key-0d441ffab77fec3a1b7686674e1ade82]: S. 18 in force at 20.6.2025 by S.I. 2025/722, reg. 2(a)

[^key-47ac2989bdf5ef128c0e4c5a97d7595d]: S. 21 in force at 20.6.2025 by S.I. 2025/722, reg. 2(b)