Investigatory Powers Act 2016 (c. 25)
Schedule 10 — Minor and consequential provision
Part 2 — Lawful interception of communications
281
Financial Services and Markets Act 2000
43
In section 394(7)(a) of the Financial Services and Markets Act 2000 (access to
FCA or PRA material) for “section 17 of the Regulation of Investigatory
Powers Act 2000” substitute “section 56 of the Investigatory Powers Act
2016”.
Regulation of Investigatory Powers Act 2000
44
The Regulation of Investigatory Powers Act 2000 is amended as follows.
45
Omit Chapter 1 of Part 1 (interception of communications).
46
(1) Section 49 (investigation of electronic data protected by encryption etc:
powers under which data obtained) is amended as follows.
(2) In subsection (1)(b) after “communications” insert “or obtain secondary data
from communications”.
(3) After subsection (9) insert—
“(9A)
In subsection (1)(b) the reference to obtaining secondary data from
communications is to be read in accordance with section 16 of the
Investigatory Powers Act 2016.”
47
In section 71 (issue and revision of codes of practice) omit subsection (10).
48
In section 78(3)(a) (affirmative orders) omit “12(10), 13(3),”.
49
(1) Section 81 (general interpretation) is amended as follows.
(2) In subsection (1)—
(a) in the definition of “criminal”, omit “or prosecution”, and
(b) in the definition of “interception warrant”, for “a warrant under
section 5” substitute “—
(a) a targeted interception warrant or mutual assistance
warrant under Chapter 1 of Part 2 of the Investigatory
Powers Act 2016, or
(b) a bulk interception warrant under Chapter 1 of Part 6
of that Act”.
(3) In subsection (4) omit the words from “; and references” to the end.
(4) In subsection (5) omit the words from “, except that” to the end.
50
In section 82 (amendments, repeals and savings etc.) omit subsections (4) to
(6).
Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13)
51
In section 159 of the Criminal Justice and Licensing (Scotland) Act 2010, for
“section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23)”
substitute “section 56 of the Investigatory Powers Act 2016”.
Justice and Security Act 2013
52
In section 6(4)(b) of the Justice and Security Act 2013 (declaration permitting
closed material applications in proceedings) for sub-paragraph (iii)