The Overseas Production Orders and Requests for Interception (Designation of Agreement) Regulations 2020

JurisdictionUK Non-devolved

2020 No. 38

Electronic Communications

The Overseas Production Orders and Requests for Interception (Designation of Agreement) Regulations 2020

Made 16th January 2020

Laid before Parliament 20th January 2020

Coming into force 28th February 2020

The Secretary of State, in exercise of the powers conferred by section 1(5)(b) of the Crime (Overseas Production Orders) Act 20191and section 52(3) of the Investigatory Powers Act 20162makes the following Regulations.

The Secretary of State has sought written assurances as required by section 52(7) of the Investigatory Powers Act 2016.

The Secretary of State has laid before Parliament a copy of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime3under section 20(1)(a) of the Constitutional Reform and Governance Act 20104.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Overseas Production Orders and Requests for Interception (Designation of Agreement) Regulations 2020 and come into force on 28th February 2020.

S-2 Designation

Designation

2. The Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime is designated for the following purposes—

(a) as a relevant treaty for the purposes of section 1(5)(b) of the Crime (Overseas Production Orders) Act 2019 (making of overseas production order on application); and

(b) as a relevant international agreement for the purposes of section 52(3) of the Investigatory Powers Act 2016 (interception in accordance with overseas requests).

Brandon Lewis

Minister of State

Home Office

16th January 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

On 7 October 2019 the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime (“the Agreement”) was laid before Parliament under section 20(1)(a) of the Constitutional Reform and Governance Act 2010. The Agreement permits the Government of the United Kingdom of Great Britain and Northern Ireland to acquire, or obtain access to, electronic communications held...

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