Explanatory note

These Regulations make amendments to secondary legislation in consequence of changes made by the Investigatory Powers Act 2016 (c. 25) (“the Act”) regarding the oversight of investigatory powers.

Chapter 1 of Part 8 of the Act provides for the Investigatory Powers Commissioner and other Judicial Commissioners. The Investigatory Powers Commissioner and other Judicial Commissioners will have functions that are currently exercised by the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Chief Surveillance Commissioner and other Surveillance Commissioners, and the Scottish Chief Surveillance Commissioner and other Scottish Surveillance Commissioners. Those Commissioners are abolished by section 240 of the Act.

Accordingly, these Regulations amend secondary legislation so that references to the Investigatory Powers Commissioner and the other Judicial Commissioners replace references to the Commissioners that are being abolished.

When section 240 of the Act is commenced, saving provisions will be made such that persons holding office as a Surveillance Commissioner immediately before section 240 comes into force may continue to hold office until 31 December 2017. Similarly, saving provisions will enable persons holding office as Assistant Surveillance Commissioners immediately before the coming into force of section 240 of the Act to continue to hold office until 30 April 2018.

The saving provisions in these Regulations provide that the references to Judicial Commissioners which this instrument inserts into secondary legislation may be read as including Surveillance Commissioners until 31st December 2017 and (where appropriate) Assistant Surveillance Commissioners until 30 April 2018. That will enable any such Commissioners who continue to hold office to continue to carry out their functions.

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.