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Link to original content: http://www.legislation.gov.uk/ukpga/2016/25/schedule/10/part/1
Investigatory Powers Act 2016, Part 1 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
1U.K.In section 93(1A) of the Police Act 1997 (authorisations to interfere with property etc.) after “this Part” insert “ or the Investigatory Powers Act 2016 ”.
Commencement Information
I1Sch. 10 para. 1 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(i)
2U.K.In paragraph 9(1) of Schedule 3 to the Northern Ireland Act 1998 (reserved matters) for paragraph (a) substitute—
“(a)the subject-matter of Parts 2 and 3 of the Regulation of Investigatory Powers Act 2000, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;
(aa)the subject-matter of the following provisions of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of serious crime (within the meaning of that Act)—
(i)sections 3 to 10 and Schedule 1,
(ii)Part 2, and
(iii)Chapter 1 of Part 6;
(ab)the subject-matter of section 11, Parts 3 and 4 and Chapter 2 of Part 6 of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;
(ac)the subject-matter of section 12 of, and Schedule 2 to, the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act);”.
Commencement Information
I2Sch. 10 para. 2 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(i)
3U.K.The Regulation of Investigatory Powers Act 2000 is amended as follows.
Commencement Information
I3Sch. 10 para. 3 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(i)
4U.K.In section 27(4)(a) (lawful surveillance etc: conduct to be dealt with under other enactments) after “Act” insert “ or the Investigatory Powers Act 2016 ”.
Commencement Information
I4Sch. 10 para. 4 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(i)
5(1)Section 71 (issue and revision of codes of practice) is amended as follows.U.K.
(2)In subsection (2)(a), for “Parts I to III” substitute “ Parts 2 and 3 ”.
(3)Omit subsection (2A).
(4)In subsection (8) for “(2A)” substitute “ (3) ”.
Commencement Information
I5Sch. 10 para. 5 in force at 27.12.2018 by S.I. 2018/940, reg. 5(a)
6(1)Section 81(1) (general definitions) is amended as follows.U.K.
(2)For the definition of “apparatus” substitute—
““apparatus” has the same meaning as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);”.
(3)In paragraph (a) of the definition of “communication” omit “(except in the definition of “postal service” in section 2(1))”.
(4)In the definition of “interception” and cognate expressions, for “section 2” substitute “ sections 4 and 5 of the Investigatory Powers Act 2016 ”.
(5)For the definitions of “postal service” and “public postal service” substitute—
““postal service” has the same meaning as in the Investigatory Powers Act 2016 (see section 262(7) of that Act);”.
(6)Omit the definitions of “private telecommunication system”, “public telecommunications service” and “public telecommunication system”.
(7)In the definitions of “telecommunication system” and “telecommunications service”, for “the meanings given by section 2(1)” substitute “ the same meanings as in the Investigatory Powers Act 2016 (see section 261(11) to (13) of that Act) ”.
Commencement Information
I6Sch. 10 para. 6(1)(2) in force at 5.2.2019 by S.I. 2019/174, reg. 2(p)(i)
I7Sch. 10 para. 6(3)(6)(7) in force at 27.12.2018 by S.I. 2018/940, reg. 5(b)
I8Sch. 10 para. 6(4) in force at 27.6.2018 for specified purposes by S.I. 2018/652, reg. 12(g)(ii)(aa)
I9Sch. 10 para. 6(4) in force at 22.7.2020 for specified purposes by S.I. 2020/766, reg. 2(e)(i)
I10Sch. 10 para. 6(5) in force at 27.6.2018 for specified purposes by S.I. 2018/652, reg. 12(g)(ii)(bb)
I11Sch. 10 para. 6(5) in force at 22.7.2020 for specified purposes by S.I. 2020/766, reg. 2(e)(i)
7U.K.In paragraph 28(4) of Schedule 19C to the Political Parties, Elections and Referendums Act 2000 (civil sanctions: disclosure of information) for paragraph (b) substitute—
“(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
Commencement Information
I12Sch. 10 para. 7 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
8(1)The Public Finance and Accountability (Scotland) Act 2000 is amended as follows.U.K.
(2)In section 26B(3) (voluntary disclosure of data to Audit Scotland) for paragraph (b) substitute—
“(b)which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016,”.
(3)In section 26C(3) (power to require disclosure of data) for paragraph (b) substitute—
“(b)the disclosure is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
Commencement Information
I13Sch. 10 para. 8 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
9U.K.In section 4(1)(b) of the Social Security Fraud Act 2001 (arrangements for payments in relation to persons providing a telecommunications service etc.) for “the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ the Investigatory Powers Act 2016 ”.
Commencement Information
I14Sch. 10 para. 9 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
10U.K.In section 4(1)(b) of the Social Security Fraud Act (Northern Ireland) 2001 (arrangements for payments in relation to persons providing a telecommunications service etc.) for “the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ the Investigatory Powers Act 2016 ”.
Commencement Information
I15Sch. 10 para. 10 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
11U.K.In section 5A(3)(b) of the Justice (Northern Ireland) Act 2002 (disclosure of information to the Northern Ireland Judicial Appointments Commission) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I16Sch. 10 para. 11 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
12(1)The Proceeds of Crime Act 2002 is amended as follows.U.K.
(2)In section 436(3)(b) (disclosure of information to certain Directors) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
(3)In section 438(8)(b) (disclosure of information by certain Directors) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
(4)In section 439(3)(b) (disclosure of information to Lord Advocate and to Scottish Ministers) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
(5)In section 441(7)(b) (disclosure of information by Lord Advocate and by Scottish Ministers) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I17Sch. 10 para. 12 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
13U.K.In paragraph 19ZA(2)(c) of Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc: power to serve information notice) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I18Sch. 10 para. 13 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
Textual Amendments
F1Sch. 10 para. 14 and cross-heading omitted (14.10.2024) by virtue of Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 11(6), 32(2); S.I. 2024/1021, reg. 2(k)
F1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15U.K.In Article 4C(3)(b) of the Audit and Accountability (Northern Ireland) Order 2003 (voluntary provision of data) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I19Sch. 10 para. 15 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
16U.K.In section 64C(3)(b) of the Public Audit (Wales) Act 2004 (voluntary provision of data) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I20Sch. 10 para. 16 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
17U.K.In section 107(3)(b) of the Constitutional Reform Act 2005 (disclosure of information to the Judicial Appointments Commission) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I21Sch. 10 para. 17 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
18U.K.In section 22(b) of the Commissioners for Revenue and Customs Act 2005 (data protection, etc) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I22Sch. 10 para. 18 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
19(1)The Serious Crime Act 2007 is amended as follows.U.K.
(2)In section 68(4)(b) (disclosure of information to prevent fraud) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
(3)In section 85(8)(b) (disclosure of information by Revenue and Customs) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I23Sch. 10 para. 19 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
20U.K.In section 169(3)(b) of the Legal Services Act 2007 (disclosure of information to the Legal Services Board) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I24Sch. 10 para. 20 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
21U.K.In section 70(4) of the Regulatory Enforcement and Sanctions Act 2008 (disclosure of information) for paragraph (b) substitute—
“(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
Commencement Information
I25Sch. 10 para. 21 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
22U.K.In section 20(2)(b) of the Counter-Terrorism Act 2008 (disclosure and the intelligence services: supplementary provisions) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I26Sch. 10 para. 22 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
23U.K.In section 19(1)(b) of the Borders, Citizenship and Immigration Act 2009 (application of statutory provisions) for “Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I27Sch. 10 para. 23 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
24(1)The Marine and Coastal Access Act 2009 is amended as follows.U.K.
(2)In paragraph 13(5) of Schedule 7 (further provision about civil sanctions under Part 4: disclosure of information) for paragraph (b) substitute—
“(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
(3)In paragraph 9(5) of Schedule 10 (further provision about fixed monetary penalties under section 142: disclosure of information) for paragraph (b) substitute—
“(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
Commencement Information
I28Sch. 10 para. 24 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
F225U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 10 para. 25 repealed (31.12.2020) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64(2), Sch. 3 para. 9 (with ss. 52(3), 53, 58); S.I. 2020/1535, reg. 3(e)
26U.K.In paragraph 12(5) of Schedule 2 to the Marine (Scotland) Act 2010 (further provision about civil sanctions under Part 4: disclosure of information) for paragraph (b) substitute—
“(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
Commencement Information
I29Sch. 10 para. 26 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
27U.K.In section 59(b) of the Charities Act 2011 (disclosure: supplementary) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I30Sch. 10 para. 27 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
28U.K.In section 4(6) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (meaning of “telecommunication system”) for “Regulation of Investigatory Powers Act 2000” substitute “ Investigatory Powers Act 2016 (see section 261(13) of that Act) ”.
Commencement Information
I31Sch. 10 para. 28 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
29U.K.In paragraph 1(b) of Schedule 7 to the Crime and Courts Act 2013 (information: restrictions on disclosure) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I32Sch. 10 para. 29 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
30U.K.In paragraph 8(5) of Schedule 2 to the Marine Act (Northern Ireland) 2013 (further provision about fixed monetary penalties under section 35: disclosure of information) for paragraph (b) substitute—
“(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.”
Commencement Information
I33Sch. 10 para. 30 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
31U.K.In paragraph 3(3)(b) of Schedule 9 to the Local Audit and Accountability Act 2014 (data matching: voluntary provision of data) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I34Sch. 10 para. 31 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
32U.K.In paragraph 7(4)(b) of Schedule 4 to the Anti-social Behaviour, Crime and Policing Act 2014 (ASB case reviews: information) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I35Sch. 10 para. 32 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
33U.K.In paragraph 6(b) of Schedule 6 to the Immigration Act 2014 (information) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I36Sch. 10 para. 33 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
34U.K.Omit sections 4(1), 7 and 8 of the Data Retention and Investigatory Powers Act 2014 (introductory, review and final provisions).
Commencement Information
I37Sch. 10 para. 34 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
35U.K.In section 7(2)(b) of the Immigration Act 2016 (information gateways: supplementary) for “Part 1 of the Regulation of Investigatory Powers Act 2000” substitute “ any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ”.
Commencement Information
I38Sch. 10 para. 35 in force at 27.6.2018 by S.I. 2018/652, reg. 12(g)(iii)
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