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Investigatory Powers Act 2016 (c. 25)
Schedule 9 — Transitional, transitory and saving provision
(5) The Secretary of State may revoke (whether wholly or in part) a retention
notice under section 1 of the Act of 2014.
(6) The fact that a retention notice under section 1 of the Act of 2014 has, in
relation to a particular description of data and a particular operator (or
description of operators), ceased to have effect or been revoked does not
prevent the giving of a retention notice under section 87 of this Act in
relation to the same description of data and the same operator (or
description of operators).
(7) In this paragraph “the commencement day” is the day on which section 1(1)
of the Act of 2014 is repealed.
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(1) Sub-paragraph (2) applies if any power to give, vary or confirm a retention
notice under section 87 of this Act (excluding any power to vary a notice
which has effect as such a notice by virtue of paragraph 3(1)) is brought into
force without any requirement for approval by a Judicial Commissioner of
the decision to give, vary or (as the case may be) confirm the notice.
(2) The notice as given, varied or confirmed ceases to have effect (so far as not
previously revoked) at the end of the period of three months beginning with
the day on which the requirement for approval comes into force.
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(1) The repeal of section 1(7) of the Data Retention and Investigatory Powers
Act 2014 does not affect the continued operation, during the transitional
period mentioned in sub-paragraph (2), of regulations made under section
1(7) of that Act.
(2) The transitional period mentioned in this sub-paragraph is the period of six
months beginning with the day on which section 1(7) of the Act of 2014 is
repealed.
(3) In their continued operation by virtue of sub-paragraph (1), the regulations
made under section 1(7) of the Act of 2014 have effect subject to such
modifications (if any) as may be specified in regulations under section
270(2).
Definitions of “other relevant crime” and “serious crime”
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(1) The definitions of—
(a) “other relevant crime” in section 62(6), and
(b) “serious crime” in section 263(1),
are to be read, until the appointed day, as if for the words “the age of 18 (or,
in relation to Scotland or Northern Ireland, 21)” there were substituted “the
age of 21”.
(2) In sub-paragraph (1), “the appointed day” means the day on which the
amendment made to section 81(3)(a) of the Regulation of Investigatory
Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and
Court Services Act 2000 comes into force.
Savings for particular purposes
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Nothing in this Act affects any power conferred on a postal operator (within
the meaning given by section 27(3) of the Postal Services Act 2011) by or
under any enactment to open, detain or delay any postal packet (within the