Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
(a)
(b)
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holds an office, rank or position in that branch, agency or part, or
has responsibility for functions of that description.
(6)
A person who is a designated senior officer of a relevant public authority by
virtue of subsection (3) and an entry in column 2 of the table may grant an
authorisation—
(a) only for obtaining communications data of the kind specified in the
corresponding entry in column 3 of the table, and
(b) only if section 61(1)(a) is met in relation to a purpose within one of the
paragraphs of section 61(7) specified in the corresponding entry in
column 4 of the table.
(7)
Where there is more than one entry in relation to a relevant public authority in
column 2 of the table, and a person is a designated senior officer of the
authority by virtue of subsection (3) as it applies to more than one of those
entries, subsection (6) applies in relation to each entry.
71
Power to modify section 70 and Schedule 4
(1)
The Secretary of State may by regulations modify section 70 or Schedule 4.
(2)
Regulations under subsection (1) may in particular—
(a) add a public authority to, or remove a public authority from, the list in
column 1 of the table,
(b) modify an entry in column 2 of the table,
(c) impose or remove restrictions on the authorisations that may be
granted by a designated senior officer with a specified public authority,
(d) impose or remove restrictions on the circumstances in which or
purposes for which such authorisations may be granted by a
designated senior officer.
(3)
The power to make regulations under subsection (1) includes power to make
such modifications in any enactment (including this Act) as the Secretary of
State considers appropriate in consequence of a person becoming, or ceasing to
be, a relevant public authority because of regulations under that subsection.
72
Certain regulations under section 71: supplementary
(1)
This section applies to regulations under section 71 other than regulations
which do only one or both of the following—
(a) remove a public authority from the list in column 1 of the table in
Schedule 4 and make consequential modifications,
(b) modify column 2 of the table in a way that does not involve replacing
an office, rank or position specified in that column in relation to a
particular public authority with a lower office, rank or position in
relation to the same authority.
(2)
Before making regulations to which this section applies, the Secretary of State
must consult—
(a) the Investigatory Powers Commissioner, and
(b) the public authority to which the modifications relate.
(3)
A statutory instrument containing regulations to which this section applies
may not be made except in accordance with the enhanced affirmative
procedure.