Moved by
Lord Sharpe of Epsom
32: Clause 17, page 35, line 41, at end insert—
“(b) in subsection (4)—
(i) after “must” insert “, before the end of the review period,”;
(ii) after “(1)” insert “(and accordingly decide what action to take under subsection (9))”;
(c) after subsection (4) insert—
“(4A) In subsection (4) “the review period” means—
(a) such period as may be provided for by regulations made by the Secretary of State, or
(b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (13)), such extended period.”
(d) after subsection (8) insert—
“(8A) The Commissioner may give a direction to the person concerned or the Secretary of State specifying the period within which the person or the Secretary of State (as the case may be) may provide evidence, or make representations, in accordance with subsection (8)(a).
(8B) If the Commissioner gives such a direction to the person or the Secretary of State, the Board and the Commissioner are not required to take into account any evidence provided, or representations made, by the person or the Secretary of State (as the case may be) after the end of that period.”;
(e) in subsection (9)—
(i) for “may” substitute “must”;
(ii) after “Commissioner” insert “but before the end of the relevant period, decide whether to”;
(f) after subsection (10) insert—
“(10A) In subsection (9) “the relevant period” means—
(a) such period as may be provided for by regulations made by the Secretary of State, or
(b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (14)), such extended period.”
(g) after subsection (12) insert—
“(13) Regulations under subsection (4A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State where the extension is agreed by the Secretary of State, the person concerned and a Judicial Commissioner.
(14) Regulations under subsection (10A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State—
(a) where the Secretary of State considers that there are exceptional circumstances that justify the extension, or
(b) in any other circumstances specified in the regulations.
(15) Where regulations under subsection (10A)(a) include provision mentioned in subsection (14), the regulations must also include provision requiring the Secretary of State to notify a Judicial Commissioner and the person concerned of the duration of any extended period.””
Member's explanatory statement
This amendment enables the Secretary of State to make regulations, and a Judicial Commissioner to give a direction, setting time limits in connection with reviews carried out under section 257 of the Investigatory Powers Act 2016 (review of national security and technical capability notices).
33: Clause 17, page 35, line 41, at end insert—
“(6) In section 267(3) (regulations: affirmative procedure)—
(a) in paragraph (e), after “90(1)” insert “, (5A)(a) or (11A)(a)”;
(b) in paragraph (j), after “257(1)” insert “, (4A)(a) or (10A)(a)”.”
Member's explanatory statement
This amendment applies the affirmative procedure to regulations made under section 90(5A)(a) or (11A)(a) or 257(4A)(a) or (10A)(a) of the Investigatory Powers Act 2016 (time limits in connection with reviews of notices).