The Investigatory Powers Act 2016 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018

Transitional provisions regarding functions of the Tribunal U.K.

7.—(1) Until the repeal of Chapter 1 of Part 1 of RIPA by paragraph 45 of Schedule 10 to the 2016 Act is fully in force, section 65(8) M1 of RIPA (the Tribunal) has effect as if before paragraph (a) there were inserted—

“(za) an interception warrant;”.

(2) Until the repeal of Chapter 2 of Part 1 of RIPA by paragraph 54 of Schedule 10 to the 2016 Act is fully in force—

(a) section 65 of RIPA has effect as if—

(i) in subsection (5), after paragraph (b) there were inserted—

“(bb) conduct to which Chapter 2 of Part 1 of this Act applies;”, and

(ii) in subsection (8), after paragraph (a) there were inserted—

“(aa) an authorisation or notice under Chapter 2 of Part 1 of this Act;”, and

(b) section 68(7) of RIPA M2 (persons required to provide or disclose documents and information to the Tribunal) has effect as if for paragraphs (g) and (h) there were substituted—

“(g) every person by or to whom an authorisation under section 22(3) or (3B) has been granted;

(h) every person to whom a notice under section 22(4) has been given;”.

(3) Paragraph (4) applies where the Tribunal exercises the jurisdiction conferred on them by or under section 65 of RIPA, or otherwise exercises or performs any power or duty conferred or imposed on them under RIPA, in relation to conduct taking place before 12th September 2018.

(4) Where this paragraph applies, section 68(7) of RIPA has effect as if for “section 252 or 253 of that Act” there were substituted “ section 12 of this Act or section 252 or 253 of the Investigatory Powers Act 2016. ”

Marginal Citations

M1 There are amendments to section 65 not relevant to these Regulations.

M2 Section 68(7) was amended by S.I. 2013/602. There are other amendments not relevant to these Regulations.