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Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 2 — Other arrangements
(czm)
(d)
(e)
any conduct in connection with any conduct falling
within paragraph (c), (czb), (czd) or (czi);”,
in subsection (6) (limitation for certain purposes of what is conduct
falling within subsection (5))—
(i) after “on behalf of” insert “an immigration officer or”, and
(ii) after paragraph (d) insert—
“(dza) the Competition and Markets Authority;”,
after subsection (6) insert—
“(6A)
(f)
(g)
(h)
Subsection (6) does not apply to anything mentioned in
paragraph (d) or (f) of subsection (5) which also falls within
paragraph (czd) of that subsection.”,
in subsection (7) after “if” insert “it is conduct of a public authority
and”,
in subsection (7ZA) (role for Tribunal where judicial authority
involved) for “under section 23A or 32A” substitute “by a Judicial
Commissioner or under section 32A of this Act or section 75 of the
Investigatory Powers Act 2016”,
after subsection (7ZA) insert—
“(7ZB)
(i)
(j)
For the purposes of this section conduct also takes place in
challengeable circumstances if it is, or purports to be, conduct
falling within subsection (5)(bb), (cza), (czc), (cze), (czf), (czg),
(czh), (czj), (czk) or (czl) or (so far as the conduct is, or purports
to be, the giving of a notice under section 49) subsection (5)(e).”,
in subsection (8) (matters that may be challenged before the Tribunal)
for paragraphs (a) and (b) substitute—
“(a) a warrant under Part 2, 5, 6 or 7 of the Investigatory
Powers Act 2016;
(b) an authorisation or notice under Part 3 of that Act;
(ba) a retention notice under Part 4 of that Act;
(bb) a direction under section 225 of that Act;
(bc) a notice under section 252 or 253 of that Act;”, and
after subsection (9) insert—
“(9A)
(2)
In subsection (5)(ba) the reference to obtaining secondary data
from communications transmitted by means of a postal service
or telecommunication system is to be read in accordance with
section 16 of the Investigatory Powers Act 2016.”
In section 67(7) of the Act of 2000 (powers of the Tribunal)—
(a) after paragraph (a) insert—
“(aza) an order quashing or cancelling a notice under Part 3 of
the Investigatory Powers Act 2016 or a retention notice
under Part 4 of that Act;
(azb) an order quashing or revoking a direction under section
225 of that Act;
(azc) an order quashing or revoking a notice under section
252 or 253 of that Act;”,
(b) in paragraph (aa) for “section 23A or 32A” substitute “section 75 of the
Investigatory Powers Act 2016 or section 32A of this Act”, and
(c) in paragraph (b)(i) after “authorisation” insert “or by a notice under
Part 3 of the Investigatory Powers Act 2016”.