Investigatory Powers Act 2016 (c. 25)
Schedule 6 — Issue of warrants under section 106 etc: table
Part 3 — Interpretation of the table

259

3

For the purpose of the sixth entry in Part 2 of the table, the reference to a staff
officer of the Police Investigations and Review Commissioner is a reference
to any person who—
(a) is a member of the Commissioner’s staff appointed under paragraph
7A of schedule 4 to the Police, Public Order and Criminal Justice
(Scotland) Act 2006 (asp 10), or
(b) is a member of the Commissioner’s staff appointed under paragraph
7 of that schedule to whom paragraph 7B(2) of that schedule applies.

4

In this Schedule, “police force” means—
(a) any police force maintained under section 2 of the Police Act 1996;
(b) the metropolitan police force;
(c) the City of London police force.

SCHEDULE 7

Section 241

CODES OF PRACTICE
Scope of codes
1

(1) The Secretary of State must issue one or more codes of practice about the
exercise of functions conferred by virtue of this Act.
(2) Sub-paragraph (1) does not apply in relation to—
(a) any functions conferred by virtue of this Act on—
(i) the Investigatory Powers Commissioner or any other Judicial
Commissioner,
(ii) the Information Commissioner,
(iii) the Investigatory Powers Tribunal,
(iv) any other court or tribunal,
(v) the Technical Advisory Board, or
(vi) the Technology Advisory Panel,
(b) any function to make subordinate legislation which is conferred by
virtue of this Act on the Secretary of State or the Treasury.
(3) A code may, in particular, contain provision about the training of people
who may exercise functions in relation to which sub-paragraph (1) applies.

2

(1) Each code must include—
(a) provision designed to protect the public interest in the
confidentiality of sources of journalistic information, and
(b) provision about particular considerations applicable to any data
which relates to a member of a profession which routinely holds
items subject to legal privilege or relevant confidential information.
(2) A code about the exercise of functions conferred by virtue of Part 2, Part 5 or
Chapter 1 or 3 of Part 6 must also contain provision about when
circumstances are to be regarded as “exceptional and compelling
circumstances” for the purposes of any provision of that Part or Chapter that
restricts the exercise of functions in relation to items subject to legal privilege
by reference to the existence of such circumstances.

Select target paragraph3