Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
239
195
Power to modify functions
(1)
The Secretary of State may by regulations modify the functions of the
Investigatory Powers Commissioner or any other Judicial Commissioner.
(2)
But such regulations may not modify any function conferred by virtue of this
Act on a Judicial Commissioner to approve, quash or cancel—
(a) an authorisation or warrant, or
(b) the variation or renewal of an authorisation or warrant.
(3)
The power to make regulations under this section (including that power as
extended by section 267(1)(c)) may, in particular, be exercised by modifying
any provision made by or under an enactment (including this Act).
240
Abolition of existing oversight bodies
(1)
The offices of the following are abolished—
(a) the Interception of Communications Commissioner,
(b) the Intelligence Services Commissioner,
(c) the Chief Surveillance Commissioner,
(d) the other Surveillance Commissioners,
(e) the Scottish Chief Surveillance Commissioner, and
(f) the other Scottish Surveillance Commissioners.
(2)
Accordingly, the following enactments are repealed—
(a) sections 57 and 58 of the Regulation of Investigatory Powers Act 2000
(the Interception of Communications Commissioner),
(b) sections 59, 59A and 60 of that Act (the Intelligence Services
Commissioner),
(c) sections 62 and 63 of that Act and sections 91 and 107 of the Police Act
1997 (the Surveillance Commissioners), and
(d) sections 2(1) to (9), 3 and 4 of the Regulation of Investigatory Powers
(Scotland) Act 2000 (2000 asp 11) (the Scottish Surveillance
Commissioners).
(3)
The Secretary of State may by regulations, with the consent of the Northern
Ireland Assembly, provide for the abolition of the office of the Investigatory
Powers Commissioner for Northern Ireland.
(4)
The power to make regulations under subsection (3) (including that power as
extended by section 267(1)(c)) may, in particular, be exercised by modifying
any provision made by or under an enactment (including this Act).
(5)
Regulations made by virtue of subsection (4) may, in particular, repeal—
(a) section 61 of the Regulation of Investigatory Powers Act 2000 (the
Investigatory Powers Commissioner for Northern Ireland), and
(b) the words “or the Investigatory Powers Commissioner for Northern
Ireland” in section 229(4)(f) of this Act.
(6)
In this section—
“the Chief Surveillance Commissioner” means the Chief Commissioner
appointed under section 91(1)(a) of the Police Act 1997,
“the other Scottish Surveillance Commissioners” means—