The Investigatory Powers Act 2016 (Commencement No. 2 and Transitory Provision) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations commence provisions of the Investigatory Powers Act 2016 (c. 25) which relate to the Investigatory Powers Commissioner and other Judicial Commissioners. This includes provision for the Commissioners to be appointed and certain functions, such as the making of reports and the provision of information. However, the Commissioners’ main oversight functions and their functions under other enactments are not commenced by these Regulations.

Section 251 of the Act, which makes amendments to the Intelligence Services Act 1994 (c. 13), is also commenced.

These Regulations also commence the power of the Secretary of State to make regulations under section 253(3), which are regulations specifying the obligations that can be imposed on operators under a technical capability notice. Before making such regulations the Secretary of State must consult with, amongst other people, the Technical Advisory Board. Regulation 3 is a transitory provision which means that, until section 245 of the 2016 Act (the section which provides for the continuing existence of the Board) is commenced, the reference to the Technical Advisory Board in section 253 is to be read as a reference to the Technical Advisory Board provided for in the Regulation of Investigatory Powers Act 2000 (c. 23) (“RIPA”). This means that before exercising the power to make regulations under section 253(3), the Secretary of State must consult the Technical Advisory Board provided for in RIPA.