SCHEDULES

SCHEDULE 10Minor and consequential provision

Part 6Judicial Commissioners

Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)

I184

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

I285

In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance” substitute “ Judicial ”.

I386

In section 2(10) (restrictions on appeals against Commissioners)—

a

for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”, and

b

for “other Surveillance Commissioner” substitute “ other Judicial Commissioner ”.

I487

In the heading of section 16 for “Surveillance Commissioners” substitute “ Judicial Commissioners ”.

I588

Omit section 18 (information to be provided to Surveillance Commissioners).

I689

In the cross-heading before section 21 (Chief Surveillance Commissioner) for “Chief Surveillance” substitute “ Investigatory Powers ”.

I790

Omit section 21 (functions of Chief Surveillance Commissioner).

I891

1

Section 22 (co-operation with, and reports by, Chief Surveillance Commissioner) is amended as follows.

2

Omit subsection (1).

3

In subsection (2) for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”.

4

In subsection (3)—

a

for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”, and

b

after “under” insert “ , and in relation to, ”.

I992

In section 24(2) (issue and revision of codes of practice) for “the Surveillance Commissioners appointed under this Act or the Commissioners holding office under section 91 of that Act” substitute “ the Judicial Commissioners ”.

I1093

In section 26(4) (effect of codes of practice)—

a

in paragraph (b) for “Chief Surveillance Commissioner” substitute “ Investigatory Powers Commissioner ”, and

b

in paragraph (c) for “a Surveillance Commissioner” substitute “ a Judicial Commissioner (other than the Investigatory Powers Commissioner) ”.

I1194

1

Section 31(1) (interpretation) is amended as follows.

2

After the definitions of “directed” and “intrusive” 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);

3

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