The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 360

INVESTIGATORY POWERS

The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020

Made26thMarch2020

Laid before Parliament27thMarch2020

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 22(2) and 23(2) of the Coronavirus Act 2020( 1).

In accordance with section 22(1) of that Act, the Secretary of State has been notified by the Investigatory Powers Commissioner that, as a result of the effects of coronavirus, there is a shortage of persons able to carry out the functions conferred on Judicial Commissioners by the enactments referred to in that subsection and, in the Commissioner's opinion, the Secretary of State's power in section 22(2) needs to be exercised in order to deal with that shortage.

In accordance with section 23(1) of that Act, the Secretary of State has been notified by the Investigatory Powers Commissioner that, in the Commissioner's opinion, the Secretary of State's power in section 23(2) needs to be exercised in response to the effects that coronavirus is having, or is likely to have, on the capacity of Judicial Commissioners to carry out their functions.

Citation and commencement

1.—(1) These Regulations may be cited as the Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020.

(2) These Regulations come into force on the day after they are made.

Interpretation

2. In these Regulations—

“the Commissioner” means the Investigatory Powers Commissioner;

“temporary Commissioner” means a person appointed under regulation 3(1).

Appointment of temporary Judicial Commissioners

3.—(1) The Commissioner may appoint persons to carry out the functions conferred on Judicial Commissioners by the 1997 Act ( 2), the 2000 Acts ( 3) and the 2016 Act ( 4).

(2) A temporary Commissioner may be appointed for one or more terms not exceeding six months each and not exceeding 12 months in total.

(3) Sections 227(4) to (6) (appointments of Judicial Commissioners to be made on joint recommendation of certain persons and consultation requirements) and 228(2) (appointment for a term of three years) of the 2016 Act do not apply to the appointment of temporary Commissioners.

(4) As soon as practicable after the appointment of any temporary Commissioner, the Commissioner must notify the persons listed in section 22(5)(a) to (f) of the Coronavirus Act 2020 of that appointment.

Time limits in relation to urgent warrants and modifications under the 2016 Act

4. For the purposes of warrants issued, and modifications made, after the coming into force of these Regulations, the 2016 Act has effect...

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