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The Investigatory Powers Act 2016 (Commencement No. 7 and Transitional and Saving Provisions) Regulations 2018

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Further transitional provision regarding bulk personal datasets

9.—(1) Paragraphs (3) to (5) apply in relation to a set of information which is—

(a)retained by an intelligence service immediately before 22nd August 2018, or

(b)acquired by an intelligence service under a warrant or other authorisation listed in paragraph (2) which is in force immediately before 22nd August 2018.

(2) The warrants or other authorisations are—

(a)a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000(1);

(b)an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006(2);

(c)a warrant issued under section 5 of the Intelligence Services Act 1994(3);

(d)an authorisation given under section 7 of the Intelligence Services Act 1994(4);

(e)a direction given under section 94 of the 1984 Act.

(3) Section 201 (exceptions to section 200(1) or (2)) has effect as if the reference in subsection (1) to a warrant or other authorisation issued or given under this Act included a reference to—

(a)a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b)an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c)a warrant issued under section 5 of the Intelligence Services Act 1994;

(d)an authorisation given under section 7 of the Intelligence Services Act 1994;

(e)a direction given under section 94 of the 1984 Act.

(4) Section 220 (initial examinations: time limits) has effect as if the reference in subsection (1) to a warrant or other authorisation issued or given under this Act included a reference to—

(a)a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b)an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c)a warrant issued under section 5 of the Intelligence Services Act 1994;

(d)an authorisation given under section 7 of the Intelligence Services Act 1994;

(e)a direction given under section 94 of the 1984 Act.

(5) Section 225 has effect as if the reference in subsection (1) to a warrant or other authorisation given under this Act included a reference to—

(a)a warrant issued under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000;

(b)an interception authorisation given under section 49 of the Wireless Telegraphy Act 2006;

(c)a warrant issued under section 5 of the Intelligence Services Act 1994;

(d)an authorisation given under section 7 of the Intelligence Services Act 1994.

(3)

Section 5 was amended by section 2 of the Security Service Act 1996 (c. 35), section 74(1) and (2) of the Regulation of Investigatory Powers Act 2000 and section 251(3) of the Investigatory Powers Act 2016.

(4)

Section 7 was amended by section 74(3) of and Schedule 5 to the Regulation of Investigatory Powers Act 2000, section 116(1) and (2) of the Anti-Terrorism, Crime and Security Act 2001 (c. 24) and section 31(5) and (6) of the Terrorism Act 2006.

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