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Investigatory Powers Act 2016 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part 1 General privacy protections
Prohibition against unlawful obtaining of communications data
Abolition or restriction of powers to obtain communications data
Part 2 Lawful interception of communications
CHAPTER 2 Other forms of lawful interception
Part 3 Authorisations for obtaining communications data
Targeted authorisations for obtaining data: the Investigatory Powers Commissioner
Targeted authorisations for obtaining data : designated senior officers
Part 4 Retention of communications data
102.Power to issue warrants to intelligence services: the Secretary of State
103.Power to issue warrants to intelligence services: the Scottish Ministers
104.Power to issue warrants to the Chief of Defence Intelligence
105.Decision to issue warrants under sections 102 to 104 to be taken personally by Ministers
107.Restriction on issue of warrants to certain law enforcement officers
CHAPTER 1 Bulk interception warrants
Restrictions on use or disclosure of material obtained under warrants etc.
150.Safeguards relating to retention and disclosure of material
153.Additional safeguards for items subject to legal privilege
154.Additional safeguards for confidential journalistic material etc
154A.Section 154: procedure where use of criteria approved by senior official
155.Offence of breaching safeguards relating to examination of material
156.Application of other restrictions in relation to warrants
CHAPTER 3 Bulk equipment interference warrants
Restrictions on use or disclosure of material obtained under warrants etc.
191.Safeguards relating to retention and disclosure of material
194.Additional safeguards for items subject to legal privilege
195.Additional safeguard for confidential journalistic material
196.Offence of breaching safeguards relating to examination of material
197.Application of other restrictions in relation to warrants
Part 7 Bulk personal dataset warrants
Further and supplementary provision
221.Safeguards relating to examination of bulk personal datasets
222.Additional safeguards for items subject to legal privilege: examination
223.Additional safeguards for items subject to legal privilege: retention following examination
224.Offence of breaching safeguards relating to examination of material
225.Application of Part to bulk personal datasets obtained under this Act
SCHEDULES
Abolition of disclosure powers
Relevant public authorities and designated senior officers etc.
Transfer and agency arrangements with public authorities: further provisions
Issue of warrants under section 106 etc: table
Combination of warrants and authorisations
Part 1 Combinations with targeted interception warrants
Part 2 Other combinations involving targeted equipment interference warrants
Part 3 Combinations involving targeted examination warrants only
Part 4 Combined warrants: supplementary provision
Rules about issue etc. applying separately in relation to each part of a combined warrant
Rules about issue etc. applying in relation to combined warrants
Special rules about the application of this Act to combined warrants
Transitional, transitory and saving provision
Minor and consequential provision
Part 2 Lawful interception of communications
Regulation of Investigatory Powers Act 2000
44.The Regulation of Investigatory Powers Act 2000 is amended as...
45.Omit Chapter 1 of Part 1 (interception of communications).
46.(1) Section 49 (investigation of electronic data protected by encryption...
47.In section 71 (issue and revision of codes of practice)...
48.In section 78(3)(a) (affirmative orders) omit “12(10), 13(3),”.
49.(1) Section 81 (general interpretation) is amended as follows.
50.In section 82 (amendments, repeals and savings etc.) omit subsections...
Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13)
Part 3 Acquisition of communications data
Regulation of Investigatory Powers Act 2000
53.The Regulation of Investigatory Powers Act 2000 is amended as...
54.Omit Chapter 2 of Part 1 (acquisition and disclosure of...
55.In section 49(1)(c) (investigation of electronic data protected by encryption...
56.In section 71(2) (issue and revision of codes of practice)...
57.(1) Section 77A (procedure for order of sheriff under section...
58.(1) Section 77B (procedure for order of district judge under...
59.In section 78(3)(a) (affirmative orders) omit “22(9), 23A(6), 25(5),”.
60.In section 81(9) (general interpretation: certain references relating to Northern...
Regulation of Investigatory Powers Act 2000
75.The Regulation of Investigatory Powers Act 2000 is amended as...
76.In section 37(9)(a) (appeals against decisions of ordinary Surveillance Commissioners)...
77.In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—
78.Omit section 40 (information to be provided to Surveillance Commissioners)....
79.In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief...
80.(1) Section 64 (delegation of Commissioners' functions) is amended as...
81.In section 71(2) (issue and revision of codes of practice)...
82.(1) Section 72 (effect of codes of practice) is amended...
83.(1) Section 81(1) (general definitions) is amended as follows.
Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11)
84.The Regulation of Investigatory Powers (Scotland) Act 2000 is amended...
85.In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance”...
86.In section 2(10) (restrictions on appeals against Commissioners)—
87.In the heading of section 16 for “Surveillance Commissioners” substitute...
88.Omit section 18 (information to be provided to Surveillance Commissioners)....
89.In the cross-heading before section 21 (Chief Surveillance Commissioner) for...
90.Omit section 21 (functions of Chief Surveillance Commissioner).
91.(1) Section 22 (co-operation with, and reports by, Chief Surveillance...
92.In section 24(2) (issue and revision of codes of practice)...
94.(1) Section 31(1) (interpretation) is amended as follows.
Part 8 Repeals and revocations consequential on other repeals or amendments in this Act
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