Explanatory note

These Regulations amend Schedule 4 to the Investigatory Powers Act 2016 (c. 25). Schedule 4 (relevant public authorities and designated senior officers etc.) sets out the public authorities, other than local authorities, who may exercise powers under Part 3 of that Act to obtain communications data^f1, the statutory purposes for which the communications data may be obtained, the type of communications data which may be obtained and any designated senior officers within those authorities who may authorise the obtaining of communications data internally, including in urgent cases.

The amendments permit certain new public authorities to apply for an authorisation to acquire communications data from the Investigatory Powers Commissioner (“section 60A authorisations”). The Commissioner may authorise the acquisition of communications data under section 60A where it is necessary for one of the purposes set out in section 60A(7), one of which is the applicable crime purpose^f2. The requesting public authority must have the relevant purpose specified in their corresponding entry in column 2 of Schedule 4. The applicable crime purpose requires that where the communications data is wholly or partly events data^f3 it can only be obtained for the purpose of preventing or detecting serious crime^f4, and in any other case it can be obtained for the purpose of preventing or detecting crime.

Regulation 2(2) and 2(3) amends the entry in Schedule 4 relating to the Department for Transport. This has the effect that the Department for Transport is limited in relation to which statutory purposes are available for the acquisition of communications data so far as relating to the Driver and Vehicle Standards Agency. That Agency is an executive agency of the Department for Transport and section 60A authorisations will only be available so far as relating to that Agency where they are necessary for either the applicable crime purpose, or the interests of public safety.

Regulation 2(4) amends Schedule 4 to add a new relevant public authority, the Comptroller-General of Patents, Designs and Trade Marks, which is also known as the Intellectual Property Office (“IPO”). The IPO may only apply for section 60A authorisations where they are necessary for the applicable crime purpose.

Regulation 2(5) and 2(11)(b) amend Schedule 4 both to add a new relevant public authority, the Department for Business and Trade (“DBT”), and to reproduce the entry relating to the Insolvency Service to reflect its status as an executive agency of DBT.

DBT, excluding the Insolvency Service, may only apply for section 60A authorisations so far as relating to the Counter Fraud Expert Services Team, and only where these authorisations are necessary in the interests of national security, for the economic well-being of the United Kingdom where also relevant to the interests of national security, for the applicable crime purpose, or to assist investigations into alleged miscarriages of justice.

Regulation 2(6) amends Schedule 4 to add two new relevant public authorities; the Department for Energy Security and Net Zero (“DESNZ”), and the Department for Environment, Food and Rural Affairs (“DEFRA”).

DESNZ may only apply for section 60A authorisations so far as relating to its Counter Fraud Expert Services Team, and where such authorisations are necessary in the interests of national security, for the economic well-being of the United Kingdom where also relevant to the interests of national security, for the applicable crime purpose, or to assist investigations into alleged miscarriages of justice.

DEFRA may only apply for section 60A authorisations so far as relating to its Counter Fraud and Investigation Team, and only where such authorisations are necessary for the applicable crime purpose.

Regulation 2(9) amends Schedule 4 to add a new relevant public authority, the Security Industry Authority. The Security Industry Authority may only apply for section 60A authorisations where they are necessary for either the applicable crime purpose or the interests of public safety.

Regulation 2(10) includes an amendment to Schedule 4 to add a new relevant public authority, the Counter Fraud Services Wales, which is part of the Velindre NHS Trust. That Trust may only apply for section 60A authorisations so far as relating to the Counter Fraud Services Wales and where such authorisations are necessary for either the applicable crime purpose, or the interests of national security.

Regulations 2(11)(a) and 3 amend Schedule 4 to remove the general designation of ambulance trusts in England in Schedule 4. Several new relevant public authorities have been designated to reflect the ambulance services who are retaining their powers to acquire communications data.

Regulation 2(11), sub-paragraphs (c) and (d), amend Schedule 4 to remove the ambulance services of Scotland and Wales so that they no longer have powers to obtain communications data.

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.