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Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
(b)
such number of other Judicial Commissioners as the Prime Minister
considers necessary for the carrying out of the functions of the Judicial
Commissioners.
(2)
A person is not to be appointed as the Investigatory Powers Commissioner or
another Judicial Commissioner unless the person holds or has held a high
judicial office (within the meaning of Part 3 of the Constitutional Reform Act
2005).
(3)
A person is not to be appointed as the Investigatory Powers Commissioner
unless recommended jointly by—
(a) the Lord Chancellor,
(b) the Lord Chief Justice of England and Wales,
(c) the Lord President of the Court of Session, and
(d) the Lord Chief Justice of Northern Ireland.
(4)
A person is not to be appointed as a Judicial Commissioner under subsection
(1)(b) unless recommended jointly by—
(a) the Lord Chancellor,
(b) the Lord Chief Justice of England and Wales,
(c) the Lord President of the Court of Session,
(d) the Lord Chief Justice of Northern Ireland, and
(e) the Investigatory Powers Commissioner.
(5)
Before appointing any person under subsection (1), the Prime Minister must
consult the Scottish Ministers.
(6)
The Prime Minister must have regard to a memorandum of understanding
agreed between the Prime Minister and the Scottish Ministers when exercising
functions under subsection (1) or (5).
(7)
The Investigatory Powers Commissioner is a Judicial Commissioner and the
Investigatory Powers Commissioner and the other Judicial Commissioners are
to be known, collectively, as the Judicial Commissioners.
(8)
The Investigatory Powers Commissioner may, to such extent as the
Investigatory Powers Commissioner may decide, delegate the exercise of
functions of the Investigatory Powers Commissioner to any other Judicial
Commissioner.
(9)
Subsection (8) does not apply to the function of the Investigatory Powers
Commissioner of making a recommendation under subsection (4)(e) or making
an appointment under section 247(1).
(10)
The delegation under subsection (8) to any extent of functions by the
Investigatory Powers Commissioner does not prevent the exercise of the
functions to that extent by that Commissioner.
(11)
Any function exercisable by a Judicial Commissioner or any description of
Judicial Commissioners is exercisable by any of the Judicial Commissioners or
(as the case may be) any of the Judicial Commissioners of that description.
(12)
Subsection (11) does not apply to—
(a) any function conferred on the Investigatory Powers Commissioner by
name (except so far as its exercise by any of the Judicial Commissioners
or any description of Judicial Commissioners is permitted by a
delegation under subsection (8)), or