Explanatory note

These Regulations amend Schedule 4 to the Investigatory Powers Act 2016 (c. 25) (“the 2016 Act”). That Schedule sets out the public authorities, other than local authorities, who may exercise powers under Part 3 of that Act to obtain communications data, the statutory purposes for which the communications data may be obtained, the type of communications data which may be obtained and the designated senior officers within those authorities who may authorise the obtaining of communications data internally in an urgent case.

Regulation 2(2) amends Schedule 4 to change the powers for the Security Service, the Secret Intelligence Service and the Government Communications Headquarters to acquire communications data. The changes are two-fold: the first change has the effect of removing the power for those organisations to authorise internally the acquisition of communications data solely for serious crime purposes under section 61 of the 2016 Act; and the second change has the effect of allowing the internal authorisation of the acquisition of communications data solely for serious crime purposes in urgent situations under section 61A of that Act.

Regulation 2(3) amends the entry in Schedule 4 relating to the United Kingdom National Authority for Counter Eavesdropping (UKNACE). UKNACE is a distinct entity, but is also part of the wider Foreign, Commonwealth and Development Office (“FCDO”) and so the entry in column 1 will refer to the FCDO whilst the entry in column 3 will refer to a designated senior officer in UKNACE. This will make the UKNACE entry more consistent with similar entries in Schedule 4.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.