144. Paragraph 2 of Schedule 3 makes consequential amendments to section 71(2) of
RIPA to require codes of practice to be issued under that section in respect of the powers and duties under Parts 1 and 2 of the Bill. Codes issued under section 71 are subject to the affirmative resolution procedure.
145. Paragraph 3 of Schedule 3 amends the procedure in section 71 of RIPA for issuing
codes of practice under the Act. These changes respond to concerns raised by the Joint Committee on Statutory Instruments in its 30th Report of Session 2002/2003 concerning S.I. 2003/3175 made under equivalent powers in section 103 of the Anti-terrorism Crime and Security Act 2001.
146. Paragraph 6 of Schedule 3 inserts new section 71A into RIPA. The new section is
designed to simplify the procedure for revising codes of practice issued under section 71. Practical experience following the enactment of RIPA suggests that the codes of practice need to be revised on a far more regular basis than had originally been envisaged. By way of example, codes of practice which mention relevant public authorities or specify authorisation levels for particular activities quickly become out of date when bodies are abolished or merge following machinery of government and other changes. In many cases, however, the substance of the code remains the same and does not require any significant revisions. 147. New section 71A of RIPA accordingly provides that an order bringing a revision of a code of practice into operation may either be subject to the affirmative resolution procedure or must be laid before Parliament. In both cases, the Secretary of State must first publish the code in draft and consider any representation made about it, and must lay the modified code before Parliament together with the order to which it relates.
insert—
“(4) Nothing in this section is to be read as enabling an enforcer to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator.
(5) In subsection (4) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Communications Data Act 2012 (see section 28 of that Act).”
Finance Act 2008 (c. 9)
12 In Schedule 36 to the Finance Act 2008 (information and inspection powers), in paragraph 19 (restrictions on powers: types of information), at end, insert—
“(4) An information notice does not require a telecommunications operator or postal operator to provide or produce communications data.
(5) In sub-paragraph (4) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Communications Data Act 2012 (see section 28 of that Act).”
SCHEDULE 3 Section 27
CODESOFPRACTICEINRELATIONTO PART 1 AND 2 FUNCTIONS
1 The Regulation of Investigatory Powers Act 2000 is amended as follows. 2 In section 71(2) (issue and revision of codes of practice: powers and duties in
respect of which code of practice must be issued)—
(a) for “subsection (10)” substitute “subsections (10) and (11)”,
(b) for “of section 23A or 32A” substitute “given by section 32A(7) of this Act or section 11(6) of the Communications Data Act 2012”,
(c) the word “and” at the end of paragraph (b) is repealed, and (d) after paragraph (c) insert “; and
“(d) Parts 1 and 2 of the Communications Data Act 2012.” 3 For subsections (3) to (9) of section 71 substitute—
“(3) Before issuing a code the Secretary of State must— (a) prepare and publish a draft of the code, and (b) consider any representations made about it, and may modify the draft.
(4) A code does not come into operation until the Secretary of State by order so provides.
(5) An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(6) When a draft of an order is laid, the code to which it relates must also be laid. 5 10 15 20 25 30 35 40
(7) No draft of an order may be laid until the consultation required by subsection (3) has taken place.
(8) An order bringing a code into operation may include transitional or saving provisions.”
4 After subsection (10) of section 71 insert—
“(11) The reference in subsection (2) to powers and duties conferred by or under Part 1 of the Communications Data Act 2012 does not include a reference to any such powers and duties which are conferred on the Secretary of State.”
5 In the heading to section 71, the words “and revision” are repealed. 6 After section 71 insert—
“71A Revision of codes of practice
(1) The Secretary of State may from time to time revise the whole or part of a code of practice issued under section 71.
(2) Before issuing any revision of a code the Secretary of State must— (a) prepare and publish a draft, and
(b) consider any representations made about it, and may modify the draft.
(3) A revision of a code does not come into operation until the Secretary of State by order so provides.
(4) An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House of Parliament.
(5) When an order or draft of an order is laid, the revision of a code to which it relates must also be laid.
(6) No order or draft of an order may be laid until the consultation required by subsection (2) has taken place.
(7) An order bringing a revision of a code into operation may include transitional or saving provisions.”
7 In section 72 (effect of codes of practice: functions of relevant Commissioners)—
(a) in subsection (4)(c) after “this Act” insert “or the Communications Data Act 2012”, and
(b) in subsection (5) after “Intelligence Services Commissioner” insert “, the Information Commissioner”.
5 10 15 20 25 30 35
86