Regulation 9 Further transitional provision regarding bulk personal datasets

(1)

Paragraphs (3) to (5) apply in relation to a set of information which is—

(a)

retained by an intelligence service immediately before 22nd August 2018, or

(b)

acquired by an intelligence service under a warrant or other authorisation listed in paragraph (2) which is in force immediately before 22nd August 2018.

(2)

The warrants or other authorisations are—

(a)

a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000^f1;

(b)

an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006^f2;

(c)

a warrant issued under section 5 of the Intelligence Services Act 1994^f3;

(d)

an authorisation given under section 7 of the Intelligence Services Act 1994^f4;

(e)

a direction given under section 94 of the 1984 Act.

(3)

Section 201 (exceptions to section 200(1) or (2)) has effect as if the reference in subsection (1) to a warrant or other authorisation issued or given under this Act included a reference to—

(a)

a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b)

an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c)

a warrant issued under section 5 of the Intelligence Services Act 1994;

(d)

an authorisation given under section 7 of the Intelligence Services Act 1994;

(e)

a direction given under section 94 of the 1984 Act.

(4)

Section 220 (initial examinations: time limits) has effect as if the reference in subsection (1) to a warrant or other authorisation issued or given under this Act included a reference to—

(a)

a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b)

an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c)

a warrant issued under section 5 of the Intelligence Services Act 1994;

(d)

an authorisation given under section 7 of the Intelligence Services Act 1994;

(e)

a direction given under section 94 of the 1984 Act.

(5)

Section 225 has effect as if the reference in subsection (1) to a warrant or other authorisation given under this Act included a reference to—

(a)

a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b)

an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c)

a warrant issued under section 5 of the Intelligence Services Act 1994;

(d)

an authorisation given under section 7 of the Intelligence Services Act 1994.

Annotations

Footnotes

f1: 2000 c. 23.
f2: 2006 c. 36.
f3: Section 5 was amended by section 2 of the Security Service Act 1996 (c. 35), section 74(1) and (2) of the Regulation of Investigatory Powers Act 2000 and section 251(3) of the Investigatory Powers Act 2016.
f4: Section 7 was amended by section 74(3) of and Schedule 5 to the Regulation of Investigatory Powers Act 2000, section 116(1) and (2) of the Anti-Terrorism, Crime and Security Act 2001 (c. 24) and section 31(5) and (6) of the Terrorism Act 2006.