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Investigatory Powers Act 2016 (c. 25)
Schedule 5 — Transfer and agency arrangements with public authorities: further provisions
SCHEDULE 5
Section 83(5)
TRANSFER AND AGENCY ARRANGEMENTS WITH PUBLIC AUTHORITIES: FURTHER
PROVISIONS
Particular safeguards in connection with operation of section 69
1
(1) The following provisions apply where the functions of the Secretary of State
under section 67 are exercisable by a public authority by virtue of
regulations under section 83(1).
(2) The measures adopted or arrangements made by the public authority for the
purpose of complying with the requirements of section 69 must be such as
are approved by the Secretary of State.
(3) Any report required by section 69(6)(b) or (8) must be made to the Secretary
of State as well as to the Investigatory Powers Commissioner.
Requirement for public authority to provide reports to Secretary of State
2
(1) A public authority, when exercising functions by virtue of regulations under
section 83(1), must at least once in each calendar year make a report to the
Secretary of State on—
(a) the discharge of the functions, and
(b) such other matters as the Secretary of State may by regulations
require.
(2) Regulations under section 83(1) may, in particular, modify sub-paragraph
(1) as it has effect in relation to the calendar year in which the regulations
come into force or are revoked.
(3) The Secretary of State may agree to a report under this paragraph being
combined with any other report which the public authority concerned is
required to, or may, make to the Secretary of State.
Transfer schemes in connection with transfer of functions
3
(1) The Secretary of State may, in connection with regulations under section
83(1), make a scheme for the transfer of property, rights or liabilities.
(2) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities which could not otherwise be
transferred,
(b) property acquired, and rights and liabilities arising, after the making
of the scheme.
(3) A transfer scheme may make consequential, supplementary, incidental,
transitional, transitory or saving provision and may, in particular—
(a) create rights, or impose liabilities, in relation to property or rights
transferred,
(b) make provision about the continuing effect of things done by, on
behalf of or in relation to the transferor in respect of anything
transferred,
(c) make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in
relation to the transferor in respect of anything transferred,