Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
(b)
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the functions of the Committee falling within section 2 of the Justice
and Security Act 2013.
Investigation and information powers
(1)
A Judicial Commissioner may carry out such investigations, inspections and
audits as the Commissioner considers appropriate for the purposes of the
Commissioner’s functions.
(2)
Every relevant person must disclose or provide to a Judicial Commissioner all
such documents and information as the Commissioner may require for the
purposes of the Commissioner’s functions.
(3)
Every relevant person must provide a Judicial Commissioner with such
assistance as the Commissioner may require in carrying out any investigation,
inspection or audit for the purposes of the Commissioner’s functions.
(4)
Assistance under subsection (3) may, in particular, include such access to
apparatus, systems or other facilities or services as the Judicial Commissioner
concerned may require in carrying out any investigation, inspection or audit
for the purposes of the Commissioner’s functions.
(5)
A public authority may report to the Investigatory Powers Commissioner any
refusal by a telecommunications operator or postal operator to comply with
any requirements imposed by virtue of this Act.
(6)
A public authority, telecommunications operator or postal operator must
report to the Investigatory Powers Commissioner any relevant error (within
the meaning given by section 231(9)) of which it is aware.
(7)
In this section “relevant person” means—
(a) any person who holds, or has held, an office, rank or position with a
public authority,
(b) any telecommunications operator or postal operator who is, has been or
may become subject to a requirement imposed by virtue of this Act,
(c) any person who is, has been or may become subject to a requirement to
provide assistance by virtue of section 41, 43, 126, 128, 149, 168, 170 or
190, or
(d) any person to whom a notice is given under section 49 of the Regulation
of Investigatory Powers Act 2000.
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Referrals by the Intelligence and Security Committee of Parliament
(1)
Subsection (2) applies if the Intelligence and Security Committee of Parliament
refers a matter to the Investigatory Powers Commissioner with a view to the
Commissioner carrying out an investigation, inspection or audit into it.
(2)
The Investigatory Powers Commissioner must inform the Intelligence and
Security Committee of Parliament of the Commissioner’s decision as to
whether to carry out the investigation, inspection or audit.
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(1)
Information gateway
A disclosure of information to the Investigatory Powers Commissioner or
another Judicial Commissioner for the purposes of any function of the
Commissioner does not breach—