Investigatory Powers Act 2016 (c. 25)
Schedule 9 — Transitional, transitory and saving provision
SCHEDULE 9
271
Section 270(1)
TRANSITIONAL, TRANSITORY AND SAVING PROVISION
Lawful interception of communications
1
Any agreement which, immediately before the day on which section 10
comes into force, is designated for the purposes of section 1(4) of the
Regulation of Investigatory Powers Act 2000 is to be treated, on and after
that day, as designated as an international mutual assistance agreement by
regulations under section 10(3) of this Act.
Authorisations for obtaining communications data
2
The reference to the Gangmasters and Labour Abuse Authority in the table
in Part 1 of Schedule 4 is to be read, in relation to any time before the day on
which section 10(1) of the Immigration Act 2016 (renaming of Gangmasters
Licensing Authority) comes into force, as a reference to the Gangmasters
Licensing Authority.
Retention of communications data
3
(1) A retention notice under section 1 of the Data Retention and Investigatory
Powers Act 2014 which is in force immediately before the commencement
day is to be treated, on or after that day, as a retention notice under section
87 of this Act; and Part 4 of this Act is to be read accordingly but as if sections
87(1)(b), (4) and (8)(e), 89, 90(1) to (12), 91, 94(4)(b), (6), (10) and (12) and
96(2)(e) were omitted.
(2) In particular—
(a) anything which, immediately before the commencement day, is in
the process of being done by virtue of, or in relation to, a retention
notice under section 1 of the Act of 2014 may be continued as if being
done by virtue of, or in relation to, a retention notice under section 87
of this Act, and
(b) anything done by virtue of, or in relation to, a retention notice under
section 1 of the Act of 2014 is, if in force or effective immediately
before the commencement day, to have effect as if done by virtue of,
or in relation to, a retention notice under section 87 of this Act so far
as that is required for continuing its effect on or after the
commencement day.
(3) Sub-paragraphs (1) and (2) cease to apply, in relation to any retention notice
under section 1 of the Act of 2014—
(a) at the end of the period of six months beginning with the
commencement day, or
(b) if earlier, on the revocation in full of the notice;
but this is without prejudice to the continued operation of section 95(2) to (5)
in relation to the notice.
(4) Section 249 applies in relation to costs incurred in complying with a
retention notice under section 1 of the Act of 2014 which has continued in
force on or after the commencement day as it applies in relation to costs
incurred in complying with retention notices under section 87 of this Act but
as if section 249(7) were omitted.