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Regulation of Investigatory Powers (Technical Advisory Board) Order 2001

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2001, ISBN 0110386736

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 13(3) of the Regulation of Investigatory Powers Act 2000 for approval by resolution of each House of Parliament.

INVESTIGATORY POWERS

Made

Coming into force

Whereas a draft of this Order has been laid before Parliament and approved by a resolution of each House:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 13(1) and (2) of the Regulation of Investigatory Powers Act 2000f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2000 c. 23.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Membership of the Board
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Regulation of Investigatory Powers (Technical Advisory Board) Order 2001 and shall come into force on the day after the day on which it is made.

(2)

In this Order, “the 2000 Act” means the Regulation of Investigatory Powers Act 2000.

2Membership of the Board

(1)

The Technical Advisory Board established by section 13(1) of the 2000 Act shall consist of 13 persons.

(2)

Of that number one person, who does not fall within paragraph (3), shall be appointed chairman.

(3)

Of the remaining number—

(a)

six shall be persons holding an office, rank or position with either—

(i)

a person on whom obligations may be imposed under section 12 of the 2000 Act, or

(ii)

a body representing the interests of such persons, and

(b)

six shall be persons holding an office, rank or position with either—

(i)

a person by or on whose behalf applications for interception warrants may be made, or

(ii)

a body representing the interests of such persons.

Signature

Minister of State

Home Office

2001

Explanatory note

(This note is not part of the Order)

This Order provides for the membership of the Technical Advisory Board, established by section 13 of the Regulation of Investigatory Powers Act 2000 (c. 23).

The Board must be consulted before the Secretary of State makes an order under section 12(1) of the Act, imposing obligations on persons who are providing public postal services or public telecommunications services, or who are proposing to do so. The Board also has functions under section 12(6) of the Act, relating to the consideration of notices issued to service providers under section 12(2), the effect of which is to trigger the imposition of the obligations provided for in the section 12(1) order.