Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
(a)
(b)
(c)
(d)
(e)
(f)
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the exercise of any function of a relevant Minister to make subordinate
legislation,
the exercise of any function by a judicial authority,
the exercise of any function by virtue of Part 3 of the Regulation of
Investigatory Powers Act 2000 which is exercisable with the permission
of a judicial authority,
the exercise of any function which—
(i) is for the purpose of obtaining information or taking possession
of any document or other property in connection with
communications stored in or by a telecommunication system, or
(ii) is carried out in accordance with an order made by a judicial
authority for that purpose,
and is not exercisable by virtue of this Act, the Regulation of
Investigatory Powers Act 2000, the Regulation of Investigatory Powers
(Scotland) Act 2000 or an enactment mentioned in subsection (3)(c), (h),
(i) or (j) above,
the exercise of any function where the conduct concerned is—
(i) conduct authorised by section 45, 47 or 50, or
(ii) conduct authorised by section 46 which is not conduct by or on
behalf of an intercepting authority (within the meaning given
by section 18(1)), or
the exercise of any function which is subject to review by the
Information Commissioner or the Investigatory Powers Commissioner
for Northern Ireland.
(5)
In keeping matters under review in accordance with this section, the
Investigatory Powers Commissioner must, in particular, keep under review
the operation of safeguards to protect privacy.
(6)
In exercising functions under this Act, a Judicial Commissioner must not act in
a way which the Commissioner considers to be contrary to the public interest
or prejudicial to—
(a) national security,
(b) the prevention or detection of serious crime, or
(c) the economic well-being of the United Kingdom.
(7)
A Judicial Commissioner must, in particular, ensure that the Commissioner
does not—
(a) jeopardise the success of an intelligence or security operation or a law
enforcement operation,
(b) compromise the safety or security of those involved, or
(c) unduly impede the operational effectiveness of an intelligence service,
a police force, a government department or Her Majesty’s forces.
(8)
Subsections (6) and (7) do not apply in relation to any of the following
functions of a Judicial Commissioner—
(a) deciding—
(i) whether to serve, vary or cancel a monetary penalty notice
under section 7 or paragraph 16 of Schedule 1, a notice of intent
under paragraph 4 of that Schedule or an information notice
under Part 2 of that Schedule, or
(ii) the contents of any such notice,