194
Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
(a)
(b)
(2)
an obligation of confidence owed by the person making the disclosure,
or
any other restriction on the disclosure of information (whether
imposed by virtue of this Act or otherwise).
But subsection (1) does not apply to a disclosure, in contravention of any
provisions of the Data Protection Act 1998, of personal data which is not
exempt from those provisions.
Supplementary provision
238
Funding, staff and facilities etc.
(1)
There is to be paid to the Judicial Commissioners out of money provided by
Parliament such remuneration and allowances as the Treasury may determine.
(2)
The Secretary of State must, after consultation with the Investigatory Powers
Commissioner and subject to the approval of the Treasury as to numbers of
staff, provide the Judicial Commissioners with—
(a) such staff, and
(b) such accommodation, equipment and other facilities and services,
as the Secretary of State considers necessary for the carrying out of the
Commissioners’ functions.
(3)
The Scottish Ministers may pay to the Judicial Commissioners such allowances
as the Scottish Ministers consider appropriate in respect of the exercise by the
Commissioners of functions which relate to the exercise by Scottish public
authorities of devolved functions.
(4)
In subsection (3)—
“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.
(5)
The Investigatory Powers Commissioner or any other Judicial Commissioner
may, to such extent as the Commissioner concerned may decide, delegate the
exercise of functions of that Commissioner to any member of staff of the
Judicial Commissioners or any other person acting on behalf of the
Commissioners.
(6)
Subsection (5) does not apply to—
(a) the function of the Investigatory Powers Commissioner of making a
recommendation under section 227(4)(e) or making an appointment
under section 247(1),
(b) any function which falls within section 229(8), or
(c) any function under section 58(4) or 133(3) of authorising a disclosure,
but, subject to this and the terms of the delegation, does include functions
which have been delegated to a Judicial Commissioner by the Investigatory
Powers Commissioner.
(7)
The delegation under subsection (5) to any extent of functions by the
Investigatory Powers Commissioner or any other Judicial Commissioner does
not prevent the exercise of the functions to that extent by the Commissioner
concerned.