Investigatory Powers (Amendment) Act 2024
The Investigatory Powers Act 2016 is amended as follows.
In section 199 (bulk personal datasets: interpretation)—
in subsection (1), in the words before paragraph (a), after “Part” insert “and Part 7A”;
in subsection (2), after “Part” insert “and Part 7A”.
In the italic heading before section 200, for “warrant” substitute “authorisation”.
In section 200 (requirement for authorisation by warrant: general)—
in subsection (1)—
the words “by a warrant under this Part” become paragraph (a);
after that paragraph insert , or;
in subsection (2)—
the words “by a warrant under this Part” become paragraph (a);
after that paragraph insert , or;
in the heading, omit “by warrant”.
In section 201 (exceptions to section 200(1) and (2)), in subsection (3)—
for “and 220(5)” substitute “, 220(5) and (6) and 226CC(3)”;
after “BPD warrants” insert “or authorisations under Part 7A”.
After section 201 insert—.
In section 220 (initial examinations: time limits)—
Step 3 If the head of the intelligence service, or a person acting on their behalf, decides to retain the set and hold it electronically for analysis as mentioned in step 2, as soon as reasonably practicable after making that decision— apply for a specific BPD warrant (unless the retention of the dataset is authorised by a class BPD warrant), or where the head of the intelligence service, or the person acting on their behalf, considers that section 226A applies to the dataset, decide to grant an individual authorisation under Part 7A.
after subsection (5) insert—
In section 225 (application of Part 7 to bulk personal datasets obtained under the Act)—
in subsection (4)—
the words “by a class BPD warrant or a specific BPD warrant under this Part” become paragraph (a);
after that paragraph insert , or;
in subsection (13)—
the words from “apply” to the end become paragraph (a);
after that paragraph insert , or
After Part 7 of the Investigatory Powers Act 2016 insert—
In section 213 of the Investigatory Powers Act 2016 (duration of warrants), in subsection (2)(b), for “6 months” substitute “12 months”.
The amendment made by subsection (1) has effect only in relation to a warrant that is issued or renewed under Part 7 of that Act on or after the day on which this section comes into force.
In subsection (2) “warrant” has the same meaning as in section 213(2)(b) of that Act.
The Investigatory Powers Act 2016 is amended as follows.
In section 202 (restriction on use of class BPD warrants)—
in subsections (1) and (2), after “head of the intelligence service” insert “, or a person acting on their behalf,”;
in subsection (3)—
after “head of the intelligence service”, in the first place it occurs, insert “, or a person acting on their behalf,”;
omit “by the head of the intelligence service”;
after subsection (4) insert—
In section 206 (additional safeguards for health records)—
in subsections (4)(b) and (5)(a) and (b), after “head of the intelligence service” insert “, or a person acting on their behalf,”;
after subsection (7) insert—
In section 219 (non-renewal or cancellation of BPD warrants)—
in subsection (2), after “addressed” insert “, or a person acting on their behalf,”;
in the following provisions, after “the head of the intelligence service” insert “, or a person acting on their behalf,”—
subsection (2)(b);
subsection (7), in both places it occurs;
subsection (8), in both places it occurs;
after subsection (8) insert—
In section 220 (initial examinations: time limits)—
in the following provisions, after “head of the intelligence service” insert “, or a person acting on their behalf,”—
subsection (1)(b);
subsection (2);
subsection (3);
subsection (5);
after subsection (6) (inserted by section 1) insert—
In section 225 (application of Part 7 to bulk personal datasets obtained under this Act)—
in subsection (3), after “head of the intelligence service” insert “, or a person acting on their behalf”;
in subsection (13), after “head of an intelligence service” insert “, or a person acting on their behalf,”;
after subsection (14) insert—
After Part 7A of the Investigatory Powers Act 2016 (as inserted by section 2) insert—
The Investigatory Powers Act 2016 is amended in accordance with subsections (2) to (4).
In section 1 (overview of Act), in subsection (6)—
in the words before paragraph (a), for “Parts 2 to 7” substitute “Parts 2 to 7B”;
in paragraph (e)—
for “Part 7 deals” substitute “Parts 7 to 7B deal”;
after “warrants” insert “and authorisations”.
In section 2 (general duties in relation to privacy), in subsection (1)—
in paragraph (a), for “or 7” substitute “, 7 or 7B”;
omit the “or” after paragraph (j);
after that paragraph insert—;
in paragraph (k), for “or (i)” substitute “, (i) or (ja)”.
In section 229 (main oversight functions), in subsection (9), in the definition of “bulk personal dataset”, after “199” insert “(and includes a third party bulk personal dataset (see section 226E))”.
Section 65 of the Regulation of Investigatory Powers Act 2000 (the Tribunal) is amended as follows.
In subsection (5)—
after paragraph (czh) insert—;
in paragraph (czl)(i)—
for “or 7” substitute “, 7 or 7B”;
after “Part 3” insert “or 7A”.
In subsection (7ZB), after “(czh)” insert “, (czha), (czhb)”.
In subsection (8)—
in paragraph (a), for “or 7” substitute “, 7 or 7B”;
after paragraph (bb) insert—.
The Investigatory Powers Act 2016 is amended as follows.
In section 227 (Investigatory Powers Commissioner and other Judicial Commissioners), after subsection (6) insert—
In section 228 (terms and conditions of appointment), after subsection (5) insert—
In section 263(1) (general definitions), at the appropriate place insert—.
Deputy Investigatory Powers Commissioner Section 263(1)
Section 227 of the Investigatory Powers Act 2016 (Investigatory Powers Commissioner and other Judicial Commissioners) is amended in accordance with subsections (2) to (6).
For subsections (8) and (9) substitute—
Omit subsection (9A) (authorisations for obtaining communications data).
After subsection (10) insert—
In subsection (13), for paragraph (b) substitute—
After subsection (13) insert—
In section 238(6)(a) of the Investigatory Powers Act 2016 (funding, staff and facilities etc), after “section”, in the second place it occurs, insert “227(6A), 228A(2) or”.
After section 228 of the Investigatory Powers Act 2016 (but before the italic heading before section 229) insert—
The Investigatory Powers Act 2016 is amended as follows.
In section 229 (main oversight functions)—
in subsection (3), omit paragraph (c) (prevention or restriction of use of communication devices by prisoners etc);
after subsection (3D) insert—
In section 230 (additional directed oversight functions), in subsection (1)—
omit the “or” after paragraph (b);
after paragraph (c) insert , or
In section 231 (error reporting)—
in subsection (9)(b), for “code of practice under Schedule 7” substitute “relevant code of practice”;
after subsection (9) insert—
In the Investigatory Powers Act 2016, after section 235 insert—
In section 65 of the Regulation of Investigatory Powers Act 2000 (the Tribunal)—
in subsection (2), after paragraph (b) insert—;
after subsection (4) insert—
In section 67 of the Regulation of Investigatory Powers Act 2000 (exercise of the Tribunal’s jurisdiction)—
in subsection (1)(b), after “65(2)(b)” insert “, (ba)”;
in subsection (5)—
the words from “section” to the end become paragraph (a), and
after that paragraph insert , or;
in subsection (6), for “reference” substitute “complaint or reference has been”.
In section 68 of the Regulation of Investigatory Powers Act 2000 (Tribunal procedure), for subsection (8) substitute—
In regulation 5A of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426) (personal data breach), omit paragraph (9) (notification to the Investigatory Powers Commissioner).
In consequence of subsection (5), in Schedule 10 to the Investigatory Powers Act 2016 (minor and consequential provision), omit paragraph 14 (personal data breach) and the italic heading before it.
Section 11 of the Investigatory Powers Act 2016 (offence of unlawfully obtaining communications data) is amended in accordance with subsections (2) and (3).
is guilty of an offence.
After subsection (3) insert—
In section 6 of that Act, in the heading, at the end insert “in relation to interceptions”.
The amendments made by subsections (1) to (3) have effect only in relation to the obtaining of communications data after this section comes into force.
Section 261 of the Investigatory Powers Act 2016 (telecommunications definitions) is amended as follows.
In subsection (5), in the words after paragraph (c), after “but” insert “(subject to subsection (5A))”.
After subsection (5) insert—
Section 12 of the Investigatory Powers Act 2016 (abolition or restriction of certain powers to obtain communications data) is amended in accordance with subsections (2) to (6).
In subsection (2)(b) omit “and is not a regulatory power or a relevant postal power”.
In subsection (2A), at the end insert “and subsection (2B)”.
After subsection (2A) insert—
Omit subsection (3).
After subsection (5) insert—
In subsection (6)—
at the appropriate place insert—;
for the definition of “regulatory power” substitute—;
omit the definition of “relevant postal power”.
In section 267 of the Investigatory Powers Act 2016 (regulations), in subsection (5), after paragraph (a) insert—.
In the Investigatory Powers Act 2016, after Schedule 2 insert—
The Schedule reverses the effect of certain repeals of disclosure powers, and makes consequential and supplementary provision.
Section 62 of the Investigatory Powers Act 2016 (restrictions in relation to internet connection records) is amended as follows.
In subsection (A2) for “or C” substitute “, C or D1”.
In subsection (2)—
after “authorisation” insert “under section 61 or 61A”;
for “or C” substitute “, C or D2”.
After subsection (5) insert—
Section 87 of the Investigatory Powers Act 2016 (powers to require retention of certain data) is amended as follows.
In subsection (4)—
in the words before paragraph (a), after “data” insert “, other than data which is, or can only be obtained by processing, an internet connection record,”;
in paragraph (a), after “provided” insert “(solely or jointly with another person)”;
after paragraph (a) insert—.
After subsection (4) insert—
In subsection (11), in the words after paragraph (e)—
for “and” substitute “(and”;
for “records” substitute “records)”.
Part 4 of the Investigatory Powers Act 2016 is amended as follows.
In section 95 (enforcement of notices and certain other requirements and restrictions), in subsection (5), after “enforceable” insert “(whether or not the person is in the United Kingdom)”.
In section 97 (extra-territorial application of Part 4), omit subsection (2).
The Investigatory Powers Act 2016 is amended as follows.
In section 90 (retention notices: review by the Secretary of State)—
for subsection (4) substitute—;
in subsection (5)—
after “must” insert “, before the end of the review period,”;
after “(1)” insert “(and accordingly decide what action to take under subsection (10))”;
after subsection (5) insert—;
after subsection (9) insert— ;
in subsection (10)—
for “may” substitute “must”;
after “Commissioner” insert “but before the end of the relevant period, decide whether to”;
after subsection (11) insert—;
after subsection (13) insert—
In section 95(5) (enforcement of retention notices etc), after “or (2)” insert “, or under section 90(4A),”.
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),”.
In section 257 (national security notices and technical capability notices: review by the Secretary of State)—
for subsection (3) substitute—;
in subsection (4)—
after “must” insert “, before the end of the review period,”;
after “(1)” insert “(and accordingly decide what action to take under subsection (9))”;
after subsection (4) insert—;
after subsection (8) insert—;
in subsection (9)—
for “may” substitute “must”;
after “Commissioner” insert “but before the end of the relevant period, decide whether to”;
after subsection (10) insert—;
after subsection (12) insert—
In section 267(3) (regulations: affirmative procedure)—
in paragraph (e), after “90(1)” insert “, (5A)(a) or (11A)(a)”;
in paragraph (j), after “257(1)” insert “, (4A)(a) or (10A)(a)”.
The Investigatory Powers Act 2016 is amended as follows.
In section 261(10) (meaning of “telecommunications operator”)—
omit the “or” after paragraph (a);
after paragraph (b) insert , or
In section 253 (technical capability notices)—
in subsection (1)(a)—
after “the operator”, in the first place it occurs, insert “or another relevant operator”;
for “the operator”, in the second place it occurs, substitute “such operator”;
in subsection (2)(a), after “operator” insert “(to whom the notice is given)”.
The Investigatory Powers Act 2016 is amended as follows.
In section 87 (powers to require retention of certain data), after subsection (6) insert—
In the italic heading before section 94, for “or revocation” substitute “, revocation or renewal”.
After section 94 (but before the italic heading before section 95) insert—
In section 229 (main oversight functions), in subsection (8)(e)(i), for “or varying” substitute “, varying or renewal”.
In section 255 (further provision about national security notices and technical capability notices), after subsection (5) insert—
After section 256 insert—
The Investigatory Powers Act 2016 is amended in accordance with subsections (2) and (3).
After section 258 (but before the italic heading before section 259) insert—
In section 267(3) (regulations)—
omit the “or” after paragraph (j);
after that paragraph insert—.
The Regulation of Investigatory Powers Act 2000 is amended as follows.
In section 65 (the Tribunal)—
in subsection (5)(czi)—
for “or 253” substitute “, 253 or 258A”;
for “or technical capability” substitute “, technical capability or proposed changes to telecommunications services etc”;
in subsection (5)(czl)(iii), for “or 253” substitute “, 253 or 258A”;
in subsection (8)(bc), for “or 253” substitute “, 253 or 258A”.
In section 67 (exercise of the Tribunal’s jurisdiction), in subsection (7)(azc), for “or 253” substitute “, 253 or 258A”.
In section 68 (Tribunal procedure)—
in subsection (5)(b), for “or 253” substitute “, 253 or 258A”;
in subsection (7)(f), for “or 253” substitute “, 253 or 258A”;
in subsection (7)(ha), for “or 253” substitute “, 253 or 258A”.
Section 26 of the Investigatory Powers Act 2016 (interception and examination of communications: Members of Parliament etc) is amended as follows.
In subsection (2)—
the words “the Prime Minister” become paragraph (a);
after that paragraph insert , or
After subsection (2) insert—
Section 111 of the Investigatory Powers Act 2016 (equipment interference: Members of Parliament etc) is amended as follows.
In subsection (3)—
the words “the Prime Minister” become paragraph (a);
after that paragraph insert , or
In subsection (6)—
the words “the Prime Minister” become paragraph (a);
after that paragraph insert , or
After subsection (7) insert—
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).
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—
for “section 12A(1) of the Police Act 1996” substitute “section 41(1) of the Police Reform and Social Responsibility Act 2011”;
for “section 12A(2)” substitute “section 41(5)”.
In the entry relating to the Director General of the National Crime Agency—
in the first column, after “General” insert “or a Deputy Director General”;
in the second column, after “General” insert “or a Deputy Director General”.
In section 107(3) of the Investigatory Powers Act 2016 (restriction on issue of warrants to certain law enforcement officers)—
after “General”, in the first place it occurs, insert “or a Deputy Director General”;
after “General”, in the second place it occurs, insert “or the Deputy Director General (as the case may be)”.
In section 121 of the Investigatory Powers Act 2016 (notification of modifications), after subsection (3) insert—
In section 102 of the Investigatory Powers Act 2016 (power to issue warrants to intelligence services: the Secretary of State), for subsection (4) substitute—
The Investigatory Powers Act 2016 is amended as follows.
For section 195 (additional safeguard for confidential journalistic material) substitute—
In section 229 (main oversight functions), in subsection (8), before paragraph (g) insert—
Schedule 3 to the Investigatory Powers Act 2016 (exceptions to section 56) is amended as follows.
After paragraph 12 insert—
After paragraph 24 insert—
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—
The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
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.
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.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.
Any amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.
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).
This Part comes into force on the day on which this Act is passed.
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.
Different days may be appointed for different purposes.
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.
The power to make regulations under subsection (4) includes power to make different provision for different purposes.
This Act may be cited as the Investigatory Powers (Amendment) Act 2024.
Section 14
In section 20 of the Health and Safety at Work etc Act 1974 (powers of inspectors), omit subsections (9) and (10).
In section 175 of the Financial Services and Markets Act 2000 (information gathering and investigations: supplemental provision), omit subsections (5A) and (5B).
In section 2 of the Criminal Justice Act 1987 (investigation of powers of the Director of Serious Fraud Office), omit subsections (10A) and (10B).
In section 29 of the Consumer Protection Act 1987 (powers of search etc), omit subsections (8) and (9).
In section 71 of the Environmental Protection Act 1990 (obtaining of information from persons and authorities), omit subsections (5) and (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).