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Investigatory Powers Act 2016 (c. 25)
Schedule 7 — Codes of practice
(3) The Investigatory Powers Commissioner must keep under review any
provision included in a code by virtue of sub-paragraph (2).
(4) In this paragraph—
“relevant confidential information” means information which is held in
confidence by a member of a profession and consists of—
(a) personal records or journalistic material which are (or would
be if held in England and Wales) excluded material as
defined by section 11 of the Police and Criminal Evidence Act
1984, or
(b) communications between Members of Parliament and their
constituents,
and the references in this paragraph to a member of a profession include
references to any person acting in the course of any trade, business,
profession or other occupation or for the purposes of any paid or unpaid
office.
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(1) A code about the exercise of functions conferred by virtue of Part 3 must
contain provision about communications data held by public authorities by
virtue of that Part.
(2) Such provision must, in particular, include provision about—
(a) why, how and where the data is held,
(b) who may access the data on behalf of the authority,
(c) to whom, and under what conditions, the data may be disclosed,
(d) the processing of the data for purposes otherwise than in connection
with the purposes for which it was obtained or retained,
(e) the processing of the data together with other data,
(f) the processes for determining how long the data should be held and
for the destruction of the data.
Procedural requirements
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(1) Before issuing a code the Secretary of State must—
(a) prepare and publish a draft of the code, and
(b) consider any representations made about it,
and may modify the draft.
(2) The Secretary of State must, in particular, consult the Investigatory Powers
Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.
(3) A code comes into force in accordance with regulations made by the
Secretary of State.
(4) A statutory instrument containing such regulations may not be made unless
a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.
(5) When a draft instrument is laid, the code to which it relates must also be laid.
(6) No draft instrument may be laid until the consultation required by subparagraphs (1) and (2) has taken place.