# The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018, Regulation 4: Equipment interference provisions coming into force on 31st May 2018


The following provisions of Part 5 of the 2016 Act (equipment interference) come into force on 31st May 2018—
(a) section 99 (warrants under this Part: general);
(b) section 100 (meaning of “equipment data”);
(c) section 101 (subject-matter of warrants);
(d) in section 102 (power to issue warrants to intelligence services: the Secretary of State)—
(i) subsections (1) to (3) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant;
(ii) subsection (4) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant and only if the Secretary of State considers that the only grounds for considering the warrant to be necessary is for the purpose of preventing or detecting serious crime;
(iii) subsections (5) to (9);
(e) in section 103 (power to issue warrants to intelligence services: the Scottish Ministers)—
(i) subsections (1) and (2) for the purpose of the Scottish Ministers deciding to issue a warrant but not for the purpose of the issuing of a warrant;
(ii) subsections (3) and (4);
(f) section 104 (power to issue warrants to the Chief of Defence Intelligence)—
(i) subsection (1) for the purpose of the Secretary of State deciding to issue a warrant but not for the purpose of the issuing of a warrant;
(ii) subsections (2) and (3);
(g) section 105 (decision to issue warrants under sections 102 to 104 to be taken personally by Ministers);
(h) in section 108 (approval of warrants by Judicial Commissioners) so far as relating to decisions to issue warrants under any of sections 102 to 104;
(i) section 111(1) to (3) and (8) (members of Parliament etc.);
(j) section 112 (items subject to legal privilege);
(k) section 113 (confidential journalistic material);
(l) section 114 (sources of journalistic information);
(m) section 115 (requirements that must be met by warrants) so far as relating to warrants under any of sections 102 to 104;
(n) section 129 (safeguards relating to retention and disclosure of material) so far as relating to warrants under any of sections 102 to 104;
(o) section 130 (safeguards relating to disclosure of material overseas);
(p) section 135 (Part 5: interpretation).

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Source: https://www.legislation.gov.uk/uksi/2018/652/regulation/4 (the official version)
Page: https://openlegislation.uk/investigatory-powers-act-2016-commencement-no-5-and-transitional-and-saving-provisions-regulations-2018/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

