280

Investigatory Powers Act 2016 (c. 25)
Schedule 10 — Minor and consequential provision
Part 2 — Lawful interception of communications

Criminal Procedure and Investigations Act 1996
39

(1) The Criminal Procedure and Investigations Act 1996 is amended as follows.
(2) In section 3(7) (initial duty of prosecutor to disclose) for “section 17 of the
Regulation of Investigatory Powers Act 2000” substitute “section 56 of the
Investigatory Powers Act 2016”.
(3) In section 7A(9) (continuing duty of prosecutor to disclose) for “section 17 of
the Regulation of Investigatory Powers Act 2000 (c. 23)” substitute “section
56 of the Investigatory Powers Act 2016”.
(4) In section 8(6) (application by accused for disclosure) for “section 17 of the
Regulation of Investigatory Powers Act 2000” substitute “section 56 of the
Investigatory Powers Act 2016”.
(5) In section 23 (code of practice) for subsection (6) substitute—
“(6)

The code must be so framed that it does not apply to any of the
following—
(a) material intercepted in obedience to a warrant issued under
section 2 of the Interception of Communications Act 1985;
(b) material intercepted under the authority of an interception
warrant under section 5 of the Regulation of Investigatory
Powers Act 2000;
(c) material obtained under the authority of a warrant issued
under Chapter 1 of Part 2 of the Investigatory Powers Act
2016;
(d) material obtained under the authority of a warrant issued
under Chapter 1 of Part 6 of that Act.”

Police Act 1997
40

In section 133A of the Police Act 1997 (meaning of “prevention” and
“detection”) for the words from “the provisions” to the end substitute “that
Act”.

Scotland Act 1998
41

In Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 (reserved
matters: national security, interception of communications etc.), in the
definition of “private telecommunication system”, for “section 2(1) of the
Regulation of Investigatory Powers Act 2000” substitute “section 261(14) of
the Investigatory Powers Act 2016”.

Northern Ireland Act 1998
42

In paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted
matters) for paragraph (b) substitute—
“(b) the subject-matter of sections 3 to 10, Schedule 1, Part 2 and
Chapter 1 of Part 6 of the Investigatory Powers Act 2016,
except so far as relating to the prevention or detection of
serious crime (within the meaning of that Act);”.

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