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EnactedInvestigatory Powers Act 2016

OverviewTimeline139Debates40Amendments60

Proposed amendments

60 amendments across 15 provisions

Clause 1 5

Amendment #2170#2170Not movedAmends text
Amendment text
at end insert—
This Act provides certain new powers and applies certain safeguards in relation to the use of all powers relating to the interception of communications, equipment interference and the acquisition and retention of data.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #2171#2171WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Tests for the intrusion of privacy

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
1
Lord Paddick
Amendment #2196#2196AgreedAmends text
Amendment text
leave out “misfeasance” and insert “misconduct”
Stage
Committee stage
Type
EditBillBody
Clause
1
Earl Howe
Amendment #2420#2420Not movedAmends text
Amendment text
at end insert—
This Act sets out the extent to which certain investigatory powers may be used to interfere with an individual’s privacy.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Janvrin
Amendment #3264#3264AgreedAmends text
Amendment text
at beginning insert—
This Act sets out the extent to which certain investigatory powers may be used to interfere with privacy.”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Janvrin

Clause 2 21

Amendment #2172#2172WithdrawnAmends text
Amendment text
leave out from “authority” to end of line 46 and insert “takes any decision or undertakes any action under this Act.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2173#2173Not movedAmends text
Amendment text
after “have” insert “particular”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2174#2174Not movedAmends text
Amendment text
leave out from “context” to end of line 9 and insert—
The public authority must have regard to other considerations that are also relevant in the context.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2175#2175Not movedAmends text
Amendment text
leave out “may, in particular, include” and insert “are”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2176#2176Not movedAmends text
Amendment text
at end insert “so far as the interests of economic well-being are relevant to the interests of national security,”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2177#2177Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Privacy and Civil Liberties Board

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
2
Lord Paddick
Amendment #2294#2294Not movedAmends text
Amendment text
at end insert—
the requirements of the Human Rights Act 1998.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2295#2295Not movedAmends text
Amendment text
leave out paragraph (d)
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2416#2416Not movedAmends text
Amendment text
at end insert—
The public authority must not use any of the powers listed in subsection (1) if what is sought to be achieved by the warrant, authorisation or notice could reasonably be achieved by other less intrusive means.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2417#2417Not movedAmends text
Amendment text
leave out paragraph (a)
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #2930#2930Not movedAmends text
Amendment text
at end insert—
The public authority must not use any of the powers listed in subsection (1) if what is sought to be achieved by the warrant, authorisation or notice could reasonably be achieved by other less intrusive means.”
Stage
Report stage
Type
EditBillBody
Clause
2
Baroness Hamwee
Amendment #3022#3022AgreedAmends text
Amendment text
after “give” insert “or vary”
Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3023#3023AgreedAmends text
Amendment text
after “under” insert “Part 4 or”
Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3024#3024AgreedAmends text
Amendment text
leave out “or 229” and insert “, 229 or 233”
Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3025#3025AgreedAmends text
Amendment text
at end insert—
to approve the use of criteria under section 144, 180 or (Additional safeguards for items subject to legal privilege: examination),”
Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3026#3026AgreedAmends text
Amendment text
at end insert—
to give an authorisation under section 200(3)(b),
Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3027#3027AgreedAmends text
Amendment text
leave out “or (f)” and insert “, (f) or (gb)”
Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3028#3028AgreedAmends text
Amendment text
at end insert—
whether the level of protection to be applied in relation to any obtaining of information by virtue of the warrant, authorisation or notice is higher because of the particular sensitivity of that information,”
Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3029#3029AgreedAmends text
Amendment text
at end insert—
For the purposes of subsection (2)(aa), examples of sensitive information include—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
2
Earl Howe
Amendment #3252#3252Not movedAmends text
Amendment text
leave out paragraph (a)
Stage
Report stage
Type
EditBillBody
Clause
2
Baroness Hamwee
Amendment #3292#3292Not movedAmends text
Amendment text
Leave out “sensitive information” and insert “information of particular sensitivity”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Paddick

Clause 3 5

Amendment #2362#2362Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Interception without lawful authority to be actionable

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Hollins
Amendment #2366#2366Not movedAmends text
Amendment text
at end insert—
a private postal service,”
Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Paddick
Amendment #2421#2421Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Offence of unlawful use of investigatory powers

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Lord Janvrin
Amendment #2424#2424Not movedAmends text
Amendment text
at end insert—
Subsection (1) does not apply to the action of a person who shows—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Strasburger
Amendment #3295#3295WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Investigatory powers: civil liberties board

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Lord Paddick

Clause 4 1

Amendment #2296#2296WithdrawnAmends text
Amendment text
leave out “, at a relevant time,”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Paddick

Clause 6 1

Amendment #2178#2178Not movedAmends text
Amendment text
at end insert “subject to any future Act of Parliament providing otherwise.”
Stage
Committee stage
Type
EditBillBody
Clause
6
Lord Paddick

Clause 8 5

Amendment #3301#3301AgreedNew clause / schedule
Amendment text
Insert the following new Clause—
“Interception without lawful authority: award of costs

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
8
Baroness Hollins
Amendment #3304#3304AgreedAmends text
Amendment text
leave out “D” and insert “C”
Stage
Report stage
Type
EditBillBody
Clause
8
Baroness Hollins
Amendment #3305#3305AgreedAmends text
Amendment text
leave out subsection (4)
Stage
Report stage
Type
EditBillBody
Clause
8
Baroness Hollins
Amendment #3307#3307AgreedAmends text
Amendment text
leave out “D” and insert “C”
Stage
Report stage
Type
EditBillBody
Clause
8
Baroness Hollins
Amendment #3627#3627AgreedAmends text
Amendment text
at end insert “, or
in the course of its transmission by means of a public telecommunication system.”
Stage
3rd reading
Type
EditBillBody
Clause
8
Baroness Hollins

Clause 10 1

Amendment #3298#3298WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“General public reporting

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
10
Lord Paddick

Clause 20 1

Amendment #3314#3314WithdrawnAmends text
Amendment text
at end insert—
A warrant may be considered necessary on the grounds falling within subsection (2)(b) only where there is a reasonable suspicion that a serious criminal offence has been or is likely to be committed and it is reasonably believed that the communications sought for interception will contain information relevant to the criminal investigation.”
Stage
Report stage
Type
EditBillBody
Clause
20
Baroness Jones of Moulsecoomb

Clause 24 1

Amendment #2932#2932AgreedAmends text
Amendment text
at end insert—
“and section 23(5) does not apply in relation to the refusal to approve the decision.”
Stage
Report stage
Type
EditBillBody
Clause
24
Earl Howe

Clause 41 3

Amendment #3567#3567AgreedAmends text
Amendment text
leave out “to which the warrant relates” and insert “authorised or required by the warrant”
Stage
3rd reading
Type
EditBillBody
Clause
41
Earl Howe
Amendment #3568#3568AgreedAmends text
Amendment text
leave out “to which the warrant relates” and insert “authorised or required by the warrant”
Stage
3rd reading
Type
EditBillBody
Clause
41
Earl Howe
Amendment #3569#3569AgreedAmends text
Amendment text
leave out “to which the warrant relates” and insert “authorised or required by the warrant”
Stage
3rd reading
Type
EditBillBody
Clause
41
Earl Howe

Clause 49 1

Amendment #3570#3570AgreedAmends text
Amendment text
after “communication” insert “(whether or not a person)”
Stage
3rd reading
Type
EditBillBody
Clause
49
Earl Howe

Clause 56 4

Amendment #3571#3571AgreedAmends text
Amendment text
leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner must”
Stage
3rd reading
Type
EditBillBody
Clause
56
Earl Howe
Amendment #3572#3572AgreedAmends text
Amendment text
after “impose” insert “one or more”
Stage
3rd reading
Type
EditBillBody
Clause
56
Earl Howe
Amendment #3573#3573AgreedAmends text
Amendment text
leave out “disclosure or otherwise making available” and insert “use or retention”
Stage
3rd reading
Type
EditBillBody
Clause
56
Earl Howe
Amendment #3574#3574AgreedAmends text
Amendment text
at end insert—
If the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (3)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.
Stage
3rd reading
Type
EditBillBody
Clause
56
Earl Howe

Clause 118 1

Amendment #3575#3575AgreedAmends text
Amendment text
after “the” insert “renewed”
Stage
3rd reading
Type
EditBillBody
Clause
118
Earl Howe

Clause 132 5

Amendment #3576#3576AgreedAmends text
Amendment text
leave out from “privilege” to end of line 21 and insert “which has been obtained under a targeted equipment interference warrant is retained, following its examination, for purposes other than the destruction of the item.”
Stage
3rd reading
Type
EditBillBody
Clause
132
Earl Howe
Amendment #3577#3577AgreedAmends text
Amendment text
leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner must”
Stage
3rd reading
Type
EditBillBody
Clause
132
Earl Howe
Amendment #3578#3578AgreedAmends text
Amendment text
after “impose” insert “one or more”
Stage
3rd reading
Type
EditBillBody
Clause
132
Earl Howe
Amendment #3579#3579AgreedAmends text
Amendment text
leave out “disclosure or otherwise making available” and insert “use or retention”
Stage
3rd reading
Type
EditBillBody
Clause
132
Earl Howe
Amendment #3580#3580AgreedAmends text
Amendment text
at end insert—
If the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (3)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.
Stage
3rd reading
Type
EditBillBody
Clause
132
Earl Howe

Clause 154 5

Amendment #3581#3581AgreedAmends text
Amendment text
after “privilege” insert “which has been”
Stage
3rd reading
Type
EditBillBody
Clause
154
Earl Howe
Amendment #3582#3582AgreedAmends text
Amendment text
leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (10B) applies to the item, the Commissioner must”
Stage
3rd reading
Type
EditBillBody
Clause
154
Earl Howe
Amendment #3583#3583AgreedAmends text
Amendment text
after “impose” insert “one or more”
Stage
3rd reading
Type
EditBillBody
Clause
154
Earl Howe
Amendment #3584#3584AgreedAmends text
Amendment text
leave out “disclosure or otherwise making available” and insert “use or retention”
Stage
3rd reading
Type
EditBillBody
Clause
154
Earl Howe
Amendment #3585#3585AgreedAmends text
Amendment text
at end insert—
If the Investigatory Powers Commissioner considers that subsection (10B) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (10)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.
Stage
3rd reading
Type
EditBillBody
Clause
154
Earl Howe