The Data Retention Regulations 2014

Transitional provisions

14.—(1) The 2009 Regulations are revoked (but this is without prejudice to the operation of the definition of “relevant communications data” in section 2(1) of the Act).

(2) Paragraph (3) applies in relation to any notice given or published in the approved manner under the 2009 Regulations (and not fully revoked) before the day on which these Regulations come into force (a “pre-commencement notice”) and which—

(a)specifies the extent to which, and the date from which, the 2009 Regulations are to apply to a public telecommunications operator (or a description of operators including that operator), and

(b)relates to data which is not retained in the United Kingdom by another operator.

(3) Sections 1(1) to (6) and 2 of the Act and this Part apply on and after the day on which these Regulations come into force as if the pre-commencement notice were a retention notice which—

(a)is given in accordance with those sections and this Part—

(i)on the day on which these Regulations come into force, or

(ii)if later, on the day which the pre-commencement notice specifies as the day from which the 2009 Regulations are to apply,

(b)requires the retention of relevant communications data except so far as the pre-commencement notice specifies a more limited application for the 2009 Regulations, and

(c)requires the retention of that data for the period of 12 months beginning with the day of the communication concerned.

(4) Paragraph (3) ceases to apply on 1st January 2015 or on any earlier revocation in full of the pre-commencement notice.

(5) The Secretary of State may revoke (whether wholly or in part) a pre-commencement notice.

(6) The fact that a pre-commencement notice has, in relation to a particular description of data and a particular operator (or description of operators), ceased to have effect or been revoked does not prevent the giving of a retention notice in relation to the same description of data and the same operator (or description of operators).

(7) In this regulation—

“the approved manner” means such manner as the Secretary of State considered appropriate for bringing the notice to the attention of the operator concerned (or the description of operators which included the operator),

“pre-commencement notice” has the meaning given by paragraph (2).