285
Investigatory Powers Act 2016 (c. 25)
Schedule 10 — Minor and consequential provision
Part 5 — Equipment interference
(a)
(b)
the equipment that is being interfered with under the
warrant is in Northern Ireland, and
at the time of the carrying out of the activity, the NCA
officer knows that the equipment is in Northern Ireland.
(5) Sub-paragraph (6) applies where—
(a) in the carrying out by an NCA officer of a relevant
investigatory activity falling within sub-paragraph (3)(za),
equipment in Northern Ireland is interfered with under
the warrant,
(b) at the time the interference begins, the NCA officer does
not know that the equipment is in Northern Ireland, and
(c) at any time while the interference is continuing, the NCA
officer becomes aware that the equipment is in Northern
Ireland.
(6) The NCA officer is not to be regarded as in breach of subparagraph (1) if the interference continues after the NCA officer
becomes aware that the equipment is in Northern Ireland,
provided that the officer informs the Chief Constable of the Police
Service of Northern Ireland about the interference as soon as
reasonably practicable.”
PART 6
JUDICIAL COMMISSIONERS
Police Act 1997
71
The Police Act 1997 is amended as follows.
72
In section 103(8) (appeals) for “the period” substitute “any period”.
73
In section 105(1)(b)(iii) (reports of appeals dismissed) omit “under section
107(2),”.
74
In section 108(1) (interpretation of Part 3) after the definition of “designated
deputy” insert—
““the Investigatory Powers Commissioner” and “Judicial
Commissioner” have the same meanings as in the
Investigatory Powers Act 2016 (see section 263(1) of that
Act);”.
Regulation of Investigatory Powers Act 2000
75
The Regulation of Investigatory Powers Act 2000 is amended as follows.
76
In section 37(9)(a) (appeals against decisions of ordinary Surveillance
Commissioners) for “the period” substitute “any period”.
77
In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—
(a) for “Subsections (3) and (4) of section 107 of the Police Act 1997”
substitute “Subsections (6) to (8) of section 234 of the Investigatory
Powers Act 2016”, and
(b) for “subsection (2) of that section” substitute “subsection (1) of that
section”.