The Investigatory Powers (Amendment) Act 2024 (Commencement No. 3) Regulations 2025
These regulations, effective June 20, 2025, activate sections 18 and 21 of the Investigatory Powers (Amendment) Act 2024.
Section 18 establishes a Secretary of State review process for notices, while Section 21 requires notification of changes to telecommunications services.
The regulations apply across the UK. Previous commencement regulations have already brought other parts of the Act into force.
Arguments For
Improved Oversight: Section 18 allows for the Secretary of State to review notices, potentially enhancing accountability and fairness in the use of investigatory powers.
Transparency in Telecommunications: Section 21 mandates notification of changes to telecommunications services, increasing transparency and allowing for scrutiny of potential impacts on privacy and data security.
Completing Legislative Framework: These regulations complete the implementation of the Investigatory Powers (Amendment) Act 2024 by bringing the remaining provisions into force, providing a comprehensive legal framework for investigatory powers.
Adherence to Legal Schedule: The staggered commencement reflects a planned and considered approach to implementing the relevant sections of the 2024 Act, allowing for necessary adjustments and refinements.
Arguments Against
Potential for Delays: Prioritizing certain sections over others might cause delays in addressing critical aspects of oversight or accountability.
Unforeseen Consequences: Implementing sections 18 and 21 without a wider, more holistic approach might inadvertently create inconsistencies or unintended complications within the overall framework for investigatory powers.
Resource Constraints: The implementation of the new provisions may require additional resources for government agencies responsible for review and notification, potentially straining capacity.
Lack of Comprehensive Impact Assessment: The absence of a comprehensive impact assessment raises concerns about a potential lack of consideration for broader societal or economic impacts of fully implementing the Act.
- Citation and extent (1) These Regulations may be cited as the Investigatory Powers (Amendment) Act 2024 (Commencement No. 3) Regulations 2025. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section provides the official title and legal scope of these regulations.
The regulations are officially titled "Investigatory Powers (Amendment) Act 2024 (Commencement No. 3) Regulations 2025." They apply across England, Wales, Scotland, and Northern Ireland.
- Provisions coming into force on 20th June 2025 The following provisions of the Investigatory Powers (Amendment) Act 2024 come into force on 20th June 2025— (a) section 18 (review of notices by the Secretary of State); (b) section 21 (notification of proposed changes to telecommunications services etc).
This section specifies the parts of the Investigatory Powers (Amendment) Act 2024 that are activated by these regulations.
Specifically, section 18, which enables the Secretary of State to review notices, and section 21, about notifying proposed telecommunications changes, both come into effect on June 20th, 2025.
Explanatory Note (This note is not part of the Regulations) These Regulations are the third commencement regulations made under the Investigatory Powers (Amendment) Act 2024 (c. 9) ("the 2024 Act") which itself amends the Investigatory Powers Act 2016 (c. 25). These Regulations commence the remaining two provisions of the 2024 Act. Regulation 2 commences provisions relating to review of notices by the Secretary of State (section 18); and notification of proposed changes to telecommunications services etc (section 21). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
The explanatory note clarifies that these are the third set of commencement regulations under the 2024 Act, amending the 2016 Act.
It summarizes the regulations' purpose: to bring into force sections 18 and 21 of the 2024 Act.
An impact assessment was deemed unnecessary due to a lack of anticipated significant consequences for various sectors.
NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Investigatory Powers (Amendment) Act 2024 have been brought into force by commencement Regulations made before the date of these Regulations. [Table detailing previously commenced sections and dates]
This note lists other sections of the Investigatory Powers (Amendment) Act 2024 that were enacted by earlier commencement regulations, providing a complete timeline of the Act's implementation.