The Communications Data Acquisition Regulations 2019

Document Number:2019 No. 939
 
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Statutory Instruments

Electronic Communications

Made

14 th May 2019

Laid before Parliament

16 th May 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in respect of matters relating to electronic communications, in exercise of the powers conferred by that section makes the following Regulations.

Citation, commencement and interpretation

  1. —(1) These Regulations may be cited as the Communications Data Acquisition Regulations 2019.

    (2) These Regulations come into force on the day after the day on which they are laid before Parliament.

    (3) In these Regulations “the 2016 Act” means the Investigatory Powers Act 2016(3).

    Amendment of section 73 of the Investigatory Powers Act 2016

  2. In section 73 of the 2016 Act (local authorities as relevant public authorities)(4) for subsection (3 A) substitute—

    “(3 A) In subsection (3)—

    “collaboration agreement” means an agreement under section 78 that falls within subsection (1)(b)(iii) of that section,

    “subscribing authority” has the same meaning as in section 78 ,

    “supplying authority” has the same meaning as in section 78.”.

    Amendment of section 78 of the Investigatory Powers Act 2016

  3. —(1) Section 78 of the 2016 Act (collaboration agreements)(5) is amended as follows.

    (2) In subsection (1)—

    (a) in paragraph (a) , before “officers” insert “designated senior officers of that authority or other”;

    (b) for paragraph (b) substitute—

    “(b) either—

    (i) a designated senior officer of the supplying authority is permitted to grant authorisations under section 61 or 61 A to officers of the subscribing authority,

    (ii) officers of the supplying authority are permitted to be granted authorisations under section 61 or 61 A by a designated senior officer of the subscribing authority, or

    (iii) officers of the supplying authority act as single points of contact for officers of the subscribing authority.”.

    (3) For subsection (2) substitute—

    “(2) The persons by whom, or to whom, authorisations may be granted (or who may act as single points of contact) under a collaboration agreement are additional to those persons by whom, or to whom, authorisations would otherwise be granted under this Part (or who could otherwise act as single points of contact).”.

    (4) After subsection (2) insert—

    “(3) In a case falling within subsection (1)(b)(i)—

    (a) section 61 has effect as if—

    (i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the subscribing authority, and

    (ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority,

    (b) section 61 A has effect as if—

    (i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the subscribing authority...

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