Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
(a)
(b)
(c)
(d)
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national security,
the prevention or detection of serious crime,
the economic well-being of the United Kingdom, or
the continued discharge of the functions of any public authority whose
activities include activities that are subject to review by the
Investigatory Powers Commissioner.
(4)
In addition to consulting the Secretary of State under subsection (3), the
Judicial Commissioner must also consult the Scottish Ministers if it appears to
the Commissioner that providing the advice or information might be
prejudicial to—
(a) the prevention or detection of serious crime by a Scottish public
authority, or
(b) the continued discharge of any devolved functions of a Scottish public
authority whose activities include activities that are subject to review
by the Investigatory Powers Commissioner.
(5)
In subsection (4)—
“devolved function” means a function that does not relate to reserved
matters (within the meaning of the Scotland Act 1998), and
“Scottish public authority” has the same meaning as in the Scotland Act
1998.
(6)
Subsections (3) and (4) do not apply to any advice or information provided
under subsection (2) to the Investigatory Powers Tribunal.
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Functions under other Parts and other enactments
(1)
The Investigatory Powers Commissioner and the other Judicial
Commissioners have the functions that are exercisable by them by virtue of any
other Part of this Act or by virtue of any other enactment.
(2)
In Part 3 of the Police Act 1997 (authorisations of action in respect of property:
approval by Commissioners)—
(a) in sections 96(1), 103(7)(b) and (8), 104(3) to (8) and 105(1) and (2) for
“Chief
Commissioner”
substitute
“Investigatory
Powers
Commissioner”,
(b) in sections 96(1), 97(1)(a) and 103(1), (2), (4) and (5)(b) for “a
Commissioner appointed under section 91(1)(b)” substitute “a Judicial
Commissioner”,
(c) in sections 96(4), 97(4) and (6) and 103(3) and (6) for “a Commissioner”
substitute “a Judicial Commissioner”,
(d) in section 103(7) for “a Commissioner” substitute “a Judicial
Commissioner (other than the Investigatory Powers Commissioner)”,
(e) in section 104(1) for “Chief Commissioner” substitute “Investigatory
Powers Commissioner (except where the original decision was made
by that Commissioner)”,
(f) in section 104(3) and (8)(a) for “the Commissioner” substitute “the
Judicial Commissioner concerned”,
(g) in section 105(1)(a)(ii) and (b)(ii) for “the Commissioner” substitute “the
Judicial Commissioner”, and
(h) in sections 97(5) and 103(9) for “A Commissioner” substitute “A Judicial
Commissioner”.