286

Investigatory Powers Act 2016 (c. 25)
Schedule 10 — Minor and consequential provision
Part 6 — Judicial Commissioners

78

Omit section 40
Commissioners).

(information

to

be

provided

to

Surveillance

79

In section 51(7)(b) (notification to Intelligence Services Commissioner or
Chief Surveillance Commissioner of certain directions relating to the
disclosure of a key to protected information) for “the Commissioner in
question” substitute “the Investigatory Powers Commissioner”.

80

(1) Section 64 (delegation of Commissioners’ functions) is amended as follows.
(2) In the heading for “Commissioners’ functions” substitute “functions of the
Investigatory Powers Commissioner for Northern Ireland”.
(3) In subsection (1)—
(a) omit “or any provision of an Act of the Scottish Parliament”, and
(b) for “a relevant Commissioner” substitute “the Investigatory Powers
Commissioner for Northern Ireland”.
(4) Omit subsection (2).

81
82

In section 71(2) (issue and revision of codes of practice) for “the Surveillance
Commissioners” substitute “a Judicial Commissioner”.
(1) Section 72 (effect of codes of practice) is amended as follows.
(2) In subsection (4) for paragraphs (c) to (e) (and the word “or” between
paragraphs (d) and (e)) substitute—
“(ba) the Investigatory Powers Commissioner for Northern Ireland
carrying out functions under this Act, or
(bb) the Investigatory Powers Commissioner or any other Judicial
Commissioner carrying out functions under this Act, the
Investigatory Powers Act 2016 or the Police Act 1997,”.
(3) Omit subsection (5).

83

(1) Section 81(1) (general definitions) is amended as follows.
(2) Omit the definitions of “Assistant Surveillance Commissioner”, “ordinary
Surveillance Commissioner”, “Surveillance Commissioner” and “Chief
Surveillance Commissioner”.
(3) After the definition of “interception warrant” 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 (Scotland) Act 2000 (2000 asp 11)
84

The Regulation of Investigatory Powers (Scotland) Act 2000 is amended as
follows.

85

In the cross-heading before section 2 (Surveillance Commissioners) for
“Surveillance” substitute “Judicial”.

86

In section 2(10) (restrictions on appeals against Commissioners)—
(a) for “Chief Surveillance Commissioner” substitute “Investigatory
Powers Commissioner”, and

Select target paragraph3