Regulation of Investigatory Powers Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Before Schedule 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 RELEVANT PUBLIC AUTHORITIES> 
 PART I 
 Police forces etc.Relevant authorities for the purposes of ss. 27 and 28.
     1.  Any police force.
 
    2.  The National Criminal Intelligence Service.
 
    3.  The National Crime Squad.
 
    4.  The Serious Fraud Office.
 
 The intelligence services 
     5.  Any of the intelligence services. 
 The armed forces 
     6.  Any of Her Majesty's forces. 
 The revenue departments 
     7.  The Commissioners of Customs and Excise.
 
    8.  The Commissioners of Inland Revenue.
 
 Government departments 
     9.  The Ministry of Agriculture, Fisheries and Food.
 
    10.  The Ministry of Defence.
 
    11.  The Department of the Environment, Transport and the Regions.
 
    12.  The Department of Health.
 
    13.  The Home Office.
 
    14.  The Department of Social Security.
 
    15.  The Department of Trade and Industry.
 
 The National Assembly for Wales 
     16.  The National Assembly for Wales. 
 Local authorities 
     17.  Any local authority (within the meaning of section 1 of the Local Government Act 1999).1999 c. 27.
 Other bodies 
     18.  The Environment Agency.
 
    19.  The Financial Services Authority.
 
    20.  The Food Standards Agency.
 
    21.  The Intervention Board for Agricultural Produce.
 
    22.  The Personal Investment Authority.
 
    23.  The Post Office.
 
 PART II 
 RELEVANT AUTHORITIES FOR THE PURPOSES ONLY OF S. 27 
 The Health and Safety Executive 
     24.  The Health and Safety Executive. 
 NHS bodies in England and Wales 
     25.  A Health Authority established under section 8 of the National Health Service Act 1977.1977 c. 49.
     26.  A Special Health Authority established under section 11 of the National Health Service Act 1977.1977 c. 49.
     27.  A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990.1990 c. 19.
 The Royal Pharmaceutical Society of Great Britain 
     28. The Royal Pharmaceutical Society of Great Britain.") 
  
Clause 51
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 54, line 32, at end insert--
    (  )  that a key disclosed in pursuance of a notice under section 46 is stored safely and kept safe at all times,")
 
  
Clause 53
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Page 57, line 5, at end insert ("and 14 and 15") 
  
After Clause 56
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Insert the following new Clause-- 
     ("  .--(1)  There shall be an Investigatory Powers Commission consisting of--
    (a)  the Commissioner under section 8 of the Interception of Communications Act,
    (b)  the Security Service Act Commissioner,
    (c)  the Intelligence Services Act Commission,
    (d)  the Chief Surveillance Commissioner, and
    (e)  such additional Commissioners as the Secretary of State shall appoint by order.
    (2)  The Secretary of State shall by order provide for the discharge under the general direction of the Commission of any of the functions of each of the Commissioners.
 
    (3)  The Secretary of State shall appoint one of the Commissioners to be chairman of the Commission.
 
    (4)  Schedule [Investigatory Powers Commission] shall have effect with respect to the Commission.
 
    (5)  No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.")
Investigatory Powers Commission.
  
Before Schedule 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 Investigatory Powers Commission 
     1.  The Investigating Powers Commission may appoint such officers and servants as they think fit, including investigating officers, subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service.
 
    2.  Subject to the provisions of this Act, the Commission may make arrangements for the regulation of their business.
 
    3.  The arrangements may, with the approval of the Secretary of State, provide for the discharge under the general direction of the Commission of any of the Commission's functions by any Commissioner.
 
    4.  Anything done by a Commissioner shall have the same effect as if done by the Commission.")
 
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 62, line 25, at end insert ("or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by that Part") 
  
Schedule 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 85, line 26, at end insert--
 
    ("(6)  If the Scottish Parliament passes a resolution calling for the removal of a member of the Tribunal, it shall be the duty of the Secretary of State to secure that a motion for the presentation of an Address to Her Majesty for the removal of that member and the resolution of the Scottish Parliament are considered by each House of Parliament.")
 
  
Clause 59
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 64, line 47, at end insert--
 
    ("(12)  The Secretary of State shall consult the Scottish Ministers before making any order under subsection (8); and any such order shall be laid before the Scottish Parliament.")
 
  
Clause 61
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 68, line 43, at end insert--
 
    ("(12)  The Secretary of State shall consult the Scottish Ministers before making any rules under this section; and any rules so made shall be laid before the Scottish Parliament.")
 
  
Clause 65
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 72, line 18 at end insert--
 
    ("(8A)  No regulations shall be made under subsection (4)(g) unless a draft of them has first been laid before Parliament and approved by a resolution of each House.")
 
     Page 72, line 38, at end insert--
 
    ("(  )  In section 16(2) of that Act (regulations and orders), after "the said powers" there shall be inserted ",  other than one containing regulations a draft of which has been approved for the purposes of section 5(8A),".")
 
  
Clause 69
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 75, line 24, after ("12(7),") insert (" 21(8A),") 
     Page 75, line 24, after ("12(7),") insert (" 27(5),") 
     Page 75, line 24, after ("12(7),") insert (" 28(5A),") 
     Page 75, line 24 after ("12(7),") insert (" 29(4B),") 
  
Clause 72
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 77, leave out lines 36 to 40 and insert--
    postal service" means any service which--
          (a)  consists in the following, or in any one or more of them, namely, the collection, sorting, conveyance, distribution and delivery (whether in the United Kingdom or elsewhere) of postal items; and
          (b)  is offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, a means of transmission from place to place of postal items containing communications;
    private telecommunication system" means any telecommunication system which, without itself being a public telecommunication system, is a system in relation to which the following conditions are satisfied--
          (a)  it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public telecommunication system; and
          (b)  there is apparatus comprised in the system which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to the public telecommunication system;
    public postal service" means any postal service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;
    public telecommunications service" means any telecommunications service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;
    public telecommunication system" means any such parts of a telecommunication system by means of which any public telecommunications service is provided as are located in the United Kingdom;")
 
     Page 78, leave out lines 12 and 13 and insert--
    (""telecommunications service" means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service);
    telecommunication system" means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy;")
 
     Page 79, line 11, leave out subsection (6) 
     Page 79, line 15, at end insert--
 
    ("(7)  For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he--
    (a)  so modifies or interferes with the system, or its operation,
    (b)  so monitors transmissions made by means of the system, or
    (c)  so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,
as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.
 
    (8)  References in this Act to the interception of a communication do not include references to the interception of any communication broadcast for general reception.
 
    (9)  For the purposes of this Act the interception of a communication takes place in the United Kingdom if, and only if the modification, interference or monitoring or, in the case of a postal item, the interception is effected by conduct within the United Kingdom and the communication is either--
    (a)  intercepted in the course of its transmission by means of a public postal service or public telecommunication system; or
    (b)  intercepted in the course of its transmission by means of a private telecommunication system in a case in which the sender or intended recipient of the communication is in the United Kingdom.
    (10)  References in this Act to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system do not include references to--
    (a)  any conduct that takes place in relation only to so much of the communication as consists in any address or other data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted; or
    (b)  any such conduct, in connection with conduct falling within paragraph (a), as gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose of identifying addresses and other data so comprised or attached.
    (11)  For the purposes of this section references to the modification of a telecommunication system include references to the attachment of any apparatus to, or other modification of or interference with--
    (a)  any part of the system; or
    (b)  any wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.
    (12)  For the purposes of this section the times while a communication is being transmitted by means of a telecommunication system shall be taken to include any time when the system by means of which the communication is being, or has been, transmitted is used for storing it in a manner that enables the intended recipient to collect it or otherwise to have access to it.
 
    (13)  For the purposes of this section the cases in which any contents of a communication are to be taken to be made available to a person while being transmitted shall include any case in which any of the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently.
 
    (14)  References in this section to data being attached to a communication include references to the data and the communication being logically associated with each other.
 
    (15)  In this section "postal item" means any letter, postcard or other such thing in writing as may be used by the sender for imparting information to the recipient, or any packet or parcel.")
 
  
Schedule 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 90, leave out lines 47 to 50 and insert--
 
    ("11.--(1)  In section 9(2)(d) of the Terrorism Act 2000 (proceedings under the Human Rights Act 1998), for "8" there shall be substituted "7".
 
    (2)  In each of paragraphs 6(3) and 7(5) of Schedule 3 to that Act (references to an organisation and representative in paragraphs 5 and 8 of that Schedule), for "paragraphs 5 and 8" there shall be substituted "paragraph 5".")
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 91, line 35, column 3, leave out ("11(2)") and insert ("11(3)") 
     Page 92, line 45, at end insert-- 
 ("2000 c. 00. The Terrorism Act 2000.
In Schedule 3, paragraph 8.")
 
  
Clause 74
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 80, line 23, leave out subsection (5) and insert--
 
    ("(5)  For the purposes of so much of Part II as has effect in relation to any other public authority by virtue of--
    (a)  the fact that it is a public authority for the time being specified in Schedule (Relevant public authorities), or
    (b)  an order under subsection (1)(d) of section 39 designating that authority for the purposes of that section,
the authorities specified in subsection (4) of this section shall be treated as including that authority to the extent that the Secretary of State by order directs that the authority is a relevant public authority or, as the case may be, is a designated authority for all parts of the United Kingdom.")
 
  
 
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Prepared 7 June 2000