Introductory text

Draft Order laid before Parliament under paragraph 2(a) of Schedule 2 to the Human Rights Act 1998 (c. 42) for approval by resolution of each House of Parliament.

Investigatory Powers

Made ***

Coming into force ***

It appears to the Secretary of State, following a finding of the European Court of Human Rights in proceedings against the United Kingdom^f1, that section 154 of the Investigatory Powers Act 2016^f2 is incompatible with an obligation of the United Kingdom arising from the Convention^f3.

The Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order^f4 to make such amendments to section 154 of the Investigatory Powers Act 2016 as the Secretary of State considers necessary to remove the incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998^f5, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of that Schedule.

Accordingly, the Secretary of State makes this Order, in exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a), (2)(a) and (3) of Schedule 2 to, the Human Rights Act 1998.

Annotations

Footnotes

f1: Big Brother Watch and Others v the United Kingdom (application numbers 58170/13, 62322/14 and 24960/15) 25th May 2021.
f2: 2016 c. 25.
f3: See section 21(1) of the Human Rights Act 1998 (c. 42) for the meaning of “the Convention”.
f4: See section 21(1) of the Human Rights Act 1998 for the definition of “remedial order”.
f5: 1998 c. 42. There are amendments to Schedule 2, none of which are relevant to this Order.