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

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Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
190D*     Page 59, line 6, leave out subsections (1) and (2) 
190E*     Page 60, line 2, leave out from first ("the") to end of line 3 and insert ("Intelligence Services Commissioner") 
190F*     Page 60, line 3, at end insert ("or the Investigatory Powers Commissioner for Northern Ireland") 
191     Page 60, line 14, leave out subsection (4) 
191A*     Page 60, line 21, leave out ("any") and insert ("the Chief Surveillance") 
191B*     Page 60, line 33, leave out subsection (7) 
  
After Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
192     Insert the following new Clause-- 
     (".--(1) The Prime Minister may, after consultation with the Chief Surveillance Commissioner as to numbers, appoint as Assistant Surveillance Commissioners such number of persons as the Prime Minister considers necessary (in addition to the ordinary Surveillance Commissioners) for the purpose of providing the Chief Surveillance Commissioner with assistance under this section.
 
    (2)  A person shall not be appointed as an Assistant Surveillance Commissioner unless he holds or has held office as--
    (a)  a judge of the Crown Court or a Circuit judge;
    (b)  a sheriff in Scotland; or
    (c)  a county court judge in Northern Ireland.
    (3)  The Chief Surveillance Commissioner may require any ordinary Surveillance Commissioner or any Assistant Surveillance Commissioner to provide him with assistance in carrying out his functions under section 55(3).
 
    (4)  The assistance that may be provided under this section includes--
    (a)  the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; and
    (b)  the making of a report to the Chief Surveillance Commissioner about the matter reviewed.
Assistant Surveillance Commissioners.
     (5)  Subsections (3) to (8) of section 91 of the Police Act 1997 (Commissioners) apply in relation to a person appointed under this section as they apply in relation to a person appointed under that section.")1997 c. 50.
  
Clause 56
 
  
BY THE LORD BASSAM OF BRIGHTON
 
192A*     Page 60, line 40, leave out from first ("the") to ("or") in line 41 and insert ("Intelligence Services Commissioner") 
192B*     Page 60, line 41, after first ("Commissioner") insert (", the Investigatory Powers Commissioner for Northern Ireland") 
193     Page 60, line 41, at end insert ("or Assistant Surveillance Commissioner") 
  
After Clause 56
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
194     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.
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
194A*     Page 61, line 41, leave out paragraph (e) 
194B*     Page 62, line 2, leave out (", (e)") 
195     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") 
195A*     Page 62, line 33, leave out subsection (10) 
  
Before Schedule 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
196     Insert the following new Schedule-- 
 ("SCHEDULE 
 Investigatory Powers Commission 
     1.  The Investigatory 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.")
 
  
Schedule 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
197     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
 
198     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 60
 
  
BY THE LORD BASSAM OF BRIGHTON
 
198A*     Page 66, line 24, leave out from first ("the") to ("or") in line 25 and insert ("Intelligence Services Commissioner") 
198B*     Page 66, line 25, after first ("Commissioner") insert (", the Investigatory Powers Commissioner for Northern Ireland") 
199     Page 66, line 25, at end insert ("or Assistant Surveillance Commissioner") 
  
Clause 61
 
  
BY THE LORD BASSAM OF BRIGHTON
 
200     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 64
 
  
BY THE LORD BASSAM OF BRIGHTON
 
200A*     Page 70, line 18, leave out from first ("Act") to ("or") in line 19 
201     Page 70, line 21, at end insert ("or
    (e)  any Assistant Surveillance Commissioner carrying out any functions of his under section (Assistant Surveillance Commissioners) of this Act,")
 
201A*     Page 70, line 27, leave out from ("the") to end of line 28 and insert ("Intelligence Services Commissioner") 
201B*     Page 70, line 28, at end insert ("or the Investigatory Powers Commissioner for Northern Ireland") 
  
Clause 65
 
  
BY THE LORD BASSAM OF BRIGHTON
 
202     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.")
 
203     Page 72, line 38, at end insert--
 
    ("(4)  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),".")
 
  
After Clause 67
 
  
BY THE LORD BASSAM OF BRIGHTON
 
203A*     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsection (2) where--
    (a)  an authorisation under the relevant Scottish legislation has the effect of authorising the carrying out in Scotland of the conduct described in the authorisation,
    (b)  the conduct so described is or includes conduct to which Part II of this Act applies, and
    (c)  circumstances arise by virtue of which some or all of the conduct so described can for the time being be carried out only outwith Scotland,
section 26 of this Act shall have effect for the purpose of making lawful the carrying out outwith Scotland of the conduct so described as if the authorisation, so far as is it relates to conduct to which that Part applies, were an authorisation duly granted under that Part.
 
    (2)  Where any such circumstances as are mentioned in paragraph (c) of subsection (1) so arise as to give effect outwith Scotland to any authorisation granted under the relevant Scottish legislation, that authorisation shall not authorise any conduct outwith Scotland at any time after the end of the period of three weeks beginning with the time when the circumstances arose.
 
    (3)  Subsection (2) is without prejudice to the operation of subsection (1) in relation to any authorisation on the second or any subsequent occasion on which any such circumstances as are mentioned in subsection (1)(c) arise while the authorisation remains in force.
 
    (4)  In this section "the relevant Scottish legislation" means an enactment contained in or made under an Act of the Scottish Parliament which makes provision, corresponding to that made by Part II, for the authorisation of conduct to which that Part applies.")
Surveillance etc operations beginning in Scotland.
  
Clause 69
 
  
BY THE LORD BASSAM OF BRIGHTON
 
203B*     Page 75, line 20, leave out from ("instrument") to end of line 22 and insert ("which contains any order made in exercise of a power to which this section applies (other than the power to appoint a day under section 74(2)) but which contains neither") 
204     Page 75, line 24, after ("12(7),") insert (" 21(9),") 
205     Page 75, line 24, after ("12(7),") insert (" 27(5),") 
206     Page 75, line 24, after ("12(7),") insert (" 28(5A),") 
207     Page 75, line 24 after ("12(7),") insert (" 29(4B),") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
208     Page 75, line 24, after ("12(7),") insert ("24(5)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
208A*     Page 75, line 24, at end insert ("nor") 
208B*     Page 75, line 25, leave out from ("applies") to end of line 26 
208C*     Page 75, line 28, at end insert--
 
    ("(  )  A statutory instrument containing any regulations made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
 
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