Investigatory Powers Commissioner’s Annual Report 2019
Table 1: Dates of transition to the Investigatory Powers Act 2016 (IPA)
Date (2019)
Provision
27 February,
15 March; and
22 March
UK intelligence community transition to the IPA for communications data
26 March
OCDA commenced independent authorisation operations
26 March
The first wider public authority transitioned to the IPA
8 May
The first phase of transition for police and law enforcement agencies (LEA)
was completed by the East Midlands region
June to October
The remainder of the LEA sector completed a phased transition to the IPA
19 November
The final transition was completed by the Metropolitan Police Service
Schedule 3 of the Counter-Terrorism and Border Security Act 2019
2.6
Schedule 3 of the Counter-Terrorism and Border Security Act 2019 (CTBS Act) provides
the IPC with a function in relation to “port stops” that are undertaken for the purposes of
determining whether a person appears to be engaged in hostile activity. Hostile activity
includes conduct that threatens national security or the economic wellbeing of the United
Kingdom, where this is carried out for or on behalf of another state, or in the interests of
another state.
2.7
Under Schedule 3, examining officers may, for example, retain an article at a port if they
believe that the article could be used for the carrying out of a hostile act. An example of
this might be an item that officers have seized from a person who is entering or leaving the
UK. In that event, the IPC must be informed of the retention of the article and the IPC must
then determine whether the retention should continue – i.e. whether there are reasonable
grounds for believing that the article could be used in connection with a hostile act. The
IPC will invite written representations from the person concerned, as well as from the
police and the Secretary of State, before making a decision regarding the retention and any
proposed use of the article.
2.8
Alternatively, having examined an article, an examining officer may seek to simply retain
a copy of it instead under Schedule 3. If the copy includes confidential material then the
IPC must be notified. The IPC must determine whether or not to authorise the retention
and use of that copy in the interests of, for example: national security, the prevention or
detection of serious crime or to prevent death or significant injury. Again, the IPC will invite
written representations from the affected parties before making a decision.
2.9
The Home Office carried out a public consultation, during 2019, on the draft Code of
Practice for Schedule 3 and IPCO contributed to that consultation. Schedule 3 came into
force in June 2020.
2.10
As well as having a role in making determinations under Schedule 3, the IPC will also keep
the use of Schedule 3 powers under review. He will report annually to the Home Secretary
on the use of these powers.
9