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The Regulation of Investigatory Powers Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000

S.I. 2000/2543 · Made 17 September 2000

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.

INVESTIGATORY POWERS

Made 17th September 2000

In exercise of the powers conferred on him by sections 83(2) and 78(5) of the Regulation of Investigatory Powers Act 2000f1, the Secretary of State hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2000 c. 23.

Contents

  1. 1Citation
  2. 2Commencement on 25th September 2000
  3. Part II (Surveillance and covert human intelligence sources)
  4. 3Commencement on 2nd October 2000
  5. 4Commencement on 24th October 2000
  6. 5Transitional provision about the Telecommunications Act 1984
  7. 6Transitional provisions about complaints
  8. Signature
  9. Explanatory note

1Citation

(1)

This Order may be cited as the Regulation of Investigatory Powers Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000.

(2)

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

2Commencement on 25th September 2000

The following provisions of the Act shall come into force on 25th September 2000:

Part II (Surveillance and covert human intelligence sources)

  • the whole Part (sections 26 to 48).

3Commencement on 2nd October 2000

The following provisions of the Act shall come into force on 2nd October 2000:

4Commencement on 24th October 2000

Section 1(3) of the Act shall come into force on 24th October 2000.

5Transitional provision about the Telecommunications Act 1984

(1)

The amendment made to section 45 of the Telecommunications Act 1984f1 by paragraph 3 of Schedule 4 to the Act shall come into force on 2nd October 2000 subject to the following provision.

(2)

In respect of the disclosure, before the coming into force of sections 21 to 25 of the Act, of matter falling within paragraph (b) of section 45(1) of the Telecommunications Act 1984, the amendment shall not affect the continuing effect of paragraphs (a) and (c) of section 45(2), and of section 45(3).

6Transitional provisions about complaints

(1)

Section 65(2)(b) of the Act, and the repeal by Schedule 5 of:

(a)

section 7 of and Schedule 1 to the Interception of Communications Act 1985f1,

(b)

section 5 of and Schedules 1 and 2 to the Security Service Act 1989f2,

(c)

section 9 of and Schedules 1 and 2 to the Intelligence Services Act 1994, and

(d)

section 102 of and Schedule 7 to the Police Act 1997f3,

shall come into force on 2nd October 2000 subject to the following provisions.

(2)

Any complaint made before 2nd October 2000 to the Tribunal established under section 7 of the Interception of Communications Act 1985 shall be dealt with by that Tribunal in accordance with that Act.

(3)

Any complaint made before 2nd October 2000 to the Tribunal established under section 5 of the Security Service Act 1989 shall be dealt with by that Tribunal in accordance with that Act, but the functions of the Commissioner in respect of those complaints shall be discharged by the Intelligence Services Commissionerf4.

(4)

Any complaint made before 2nd October 2000 to the Tribunal established under section 9 of the Intelligence Services Act 1994 shall be dealt with by that Tribunal in accordance with that Act, but the functions of the Commissioner in respect of those complaints shall be discharged by the Intelligence Services Commissioner.

(5)

Any complaint made before 2nd October 2000 to a Surveillance Commissioner by virtue of section 102 of the Police Act 1997 shall be dealt with by that Commissioner in accordance with that Act.

Signature

Charles Clarke

Minister of State

Home Office

17th September 2000

Explanatory note

(This note is not part of the Order)

This Order brings into force much of the Regulation of Investigatory Powers Act 2000.

Part II, which regulates surveillance and the use of covert human intelligence sources, is brought into force on 25th September.

With the exception of subsection 1(3), Chapter I of Part I, which concerns the interception of communications and replaces the Interception of Communications Act 1985, is brought into force on 2nd October. This is also the commencement date for most of Part IV, which establishes judicial Commissioners to oversee the use of the powers conferred by the Act and a Tribunal to consider complaints and cases brought under section 7(1)(a) of the Human Rights Act 1988.

Section 1(3), which concerns interception by the controller of a private telecommunication system, is brought into force on 24th October. This is the date by which Article 5 of the Telecoms Data Protection Directive (97/66/EC) must be implemented.