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Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
(3)
In Part 2 of the Regulation of Investigatory Powers Act 2000 (surveillance and
covert human intelligence sources: approval by Commissioners)—
(a) in sections 35(1) and (4), 36(2)(a) and (5) and 37(2) to (6) and (8) for “an
ordinary Surveillance Commissioner”, wherever it appears, substitute
“a Judicial Commissioner”,
(b) in sections 35(2)(b), 36(6)(g), 37(9)(b), 38(1) and (4) to (6) and 39(1), (2)
and (4) and in the heading of section 39 for “Chief Surveillance
Commissioner”, wherever it appears, substitute “Investigatory Powers
Commissioner”,
(c) in sections 35(3)(a) and 36(4)(a) and (b) for “Surveillance
Commissioner” substitute “Judicial Commissioner”,
(d) in section 37(8)(b) for “Chief Surveillance Commissioner” substitute
“Investigatory Powers Commissioner (if he is not that Commissioner)”,
(e) in section 38(1)(a) for “an ordinary Surveillance Commissioner”
substitute “a Judicial Commissioner (other than the Investigatory
Powers Commissioner)”,
(f) in sections 38(5)(b) and 39(1)(b) for “ordinary Surveillance
Commissioner” substitute “Judicial Commissioner”, and
(g) in the heading of section 38 for “Surveillance Commissioners”
substitute “Judicial Commissioners”.
(4)
In Part 3 of the Act of 2000 (investigation of electronic data protected by
encryption etc.)—
(a) in section 51(6) (notification to Intelligence Services Commissioner or
Chief Surveillance Commissioner of certain directions relating to the
disclosure of a key to protected information) for the words from “done
so” to the end substitute “done so to the Investigatory Powers
Commissioner”,
(b) in section 54(9) (tipping-off: protected disclosures to a relevant
Commissioner) for “relevant Commissioner” substitute “Judicial
Commissioner”,
(c) in section 55(7) (court to have regard to opinion of a relevant
Commissioner in certain circumstances relating to a disclosed key) for
“relevant Commissioner” substitute “Judicial Commissioner or the
Investigatory Powers Commissioner for Northern Ireland”, and
(d) omit sections 54(11) and 55(8) (definitions of “relevant Commissioner”).
(5)
In the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)
(surveillance and covert human intelligence sources: approval by
Commissioners and review by the Chief Commissioner)—
(a) in sections 13(1) and (4), 14(1)(a) and (4) and 15(1) to (5) and (7) for “an
ordinary Surveillance Commissioner”, wherever it appears, substitute
“a Judicial Commissioner”,
(b) in sections 13(2)(b), 15(8)(b), 16(1) and (4) to (6) and 17 and in the
heading of section 17 for “Chief Surveillance Commissioner”, wherever
it appears, substitute “Investigatory Powers Commissioner”,
(c) in sections 13(3)(a) and 14(3)(a) and (b) for “Surveillance
Commissioner” substitute “Judicial Commissioner”,
(d) in section 15(7)(b) for “Chief Surveillance Commissioner” substitute
“Investigatory Powers Commissioner (if the Commissioner is not that
Commissioner)”,