SCHEDULES

SCHEDULE 10Minor and consequential provision

Part 6Judicial Commissioners

Regulation of Investigatory Powers Act 2000

I175

The Regulation of Investigatory Powers Act 2000 is amended as follows.

I276

In section 37(9)(a) (appeals against decisions of ordinary Surveillance Commissioners) for “the period” substitute “ any period ”.

I377

In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—

a

for “Subsections (3) and (4) of section 107 of the Police Act 1997” substitute “ Subsections (6) to (8) of section 234 of the Investigatory Powers Act 2016 ”, and

b

for “subsection (2) of that section” substitute “ subsection (1) of that section ”.

I478

Omit section 40 (information to be provided to Surveillance Commissioners).

I579

In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief Surveillance Commissioner of certain directions relating to the disclosure of a key to protected information) for “the Commissioner in question” substitute “ the Investigatory Powers Commissioner ”.

I680

1

Section 64 (delegation of Commissioners' functions) is amended as follows.

2

In the heading for “Commissioners' functions” substitute “ functions of the Investigatory Powers Commissioner for Northern Ireland ”.

3

In subsection (1)—

a

omit “or any provision of an Act of the Scottish Parliament”, and

b

for “a relevant Commissioner” substitute “ the Investigatory Powers Commissioner for Northern Ireland ”.

4

Omit subsection (2).

I781

In section 71(2) (issue and revision of codes of practice) for “the Surveillance Commissioners” substitute “ a Judicial Commissioner ”.

I882

1

Section 72 (effect of codes of practice) is amended as follows.

2

In subsection (4) for paragraphs (c) to (e) (and the word “or” between paragraphs (d) and (e)) substitute—

ba

the Investigatory Powers Commissioner for Northern Ireland carrying out functions under this Act, or

bb

the Investigatory Powers Commissioner or any other Judicial Commissioner carrying out functions under this Act, the Investigatory Powers Act 2016 or the Police Act 1997,

3

Omit subsection (5).

I983

1

Section 81(1) (general definitions) is amended as follows.

2

Omit the definitions of “Assistant Surveillance Commissioner”, “ordinary Surveillance Commissioner”, “Surveillance Commissioner” and “Chief Surveillance Commissioner”.

3

After the definition of “interception warrant” insert—

“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);