The Investigatory Powers (Communications Data) (Relevant Public Authorities) Regulations 2026
These Regulations, made by the Secretary of State under the Investigatory Powers Act 2016, amend Schedule 4 of that Act to remove specific ambulance service trusts in England and Northern Ireland from the list of relevant public authorities permitted to obtain communications data, thereby revoking their statutory power to access such data as of May 11, 2026.
Arguments For
The legislation streamlines the list of bodies authorized to access sensitive communications data, potentially enhancing data protection by restricting access to only the most essential agencies as defined in the Investigatory Powers Act 2016.
Removing ambulance services from this list reduces their scope for obtaining communications data, which aligns with any evolving governmental policy aimed at minimizing the operational intrusion surveillance powers have on emergency service functions.
Amending Schedule 4 of the 2016 Act clarifies which public authorities have the prerequisite authorization framework in place for data access, ensuring that only those bodies fully integrated with the statutory requirements continue to hold these powers.
Arguments Against
Counter-arguments might suggest that removing ambulance trusts severs their legitimate ability to rapidly acquire communications data, which could be crucial during life-threatening emergencies, such as location tracking for immediate medical response or tracing contacts in public health crises.
Implementation might pose challenges if operational protocols for time-critical data acquisition by these services were already established based on their inclusion in the relevant authorities list, necessitating immediate adaptation for less intrusive or slower statutory routes.
Public sector reliance on real-time data acquisition for immediate operational effectiveness in emergency health services could be hampered, potentially impacting response times or patient outcomes, if alternative data access methods are significantly slower.
STATUTORY INSTRUMENTS
2026 No. 426
INVESTIGATORY POWERS
The Investigatory Powers (Communications Data) (Relevant Public Authorities) Regulations 2026
This identifies the instrument as a Statutory Instrument from 2026, numbered 426, falling under the policy domain of Investigatory Powers.
| Made - - - - | 15th April 2026 | |------------------------|-------------------| | Laid before Parliament | 20th April 2026 | | Coming into force - | 11th May 2026 |
The instrument was officially made on April 15, 2026, presented to Parliament on April 20, 2026, and came into legal effect on May 11, 2026.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 71(1), (2) and (2A) of the Investigatory Powers Act 2016( 1 ).
The Secretary of State created these regulations using the specific authority granted by sections 71(1), (2), and (2A) of the primary legislation, the Investigatory Powers Act 2016.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Investigatory Powers (Communications Data) (Relevant Public Authorities) Regulations 2026 and come into force on 11th May 2026.
- (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
The first substantive regulation establishes the short title and confirms the commencement date of May 11, 2026.
Furthermore, it confirms that these regulations apply across England, Wales, Scotland, and Northern Ireland.
Amendment to Schedule 4 to the Investigatory Powers Act 2016
- -(1) The table in Part 1 of Schedule 4 to the Investigatory Powers Act 2016 (table of authorities and officers etc.)( 2 ) is amended as follows.
- (2) Omit the entries for the following relevant public authorities-
- (a) East Midlands Ambulance Service;
- (b) Northern Ireland Ambulance Service Health and Social Care Trust;
- (c) North West Ambulance Service;
- (d) South East Coast Ambulance Service;
- (e) West Midlands Ambulance Service.
Regulation 2 specifies the amendment to Schedule 4 of the 2016 Act, which lists public authorities authorized to access data.
Specifically, sub-regulation (2) mandates the removal of five named ambulance services from this list, effectively ending their statutory power to obtain communications data under the Act.
( 1 ) 2016 c. 25. Section 71(2) was amended, and section 71(2A) was inserted, by S.I. 2018/1123.
( 2 ) The table in Part 1 of Schedule 4 (which sets out relevant public authorities and any designated senior officers for the purposes of Part 3 of that Act) was substituted by S.I. 2018/1123 and amended by S.I. 2020/661, S.I. 2020/1037, S.I. 2022/1395, S.I. 2025/808, and paragraph 2 of Schedule 4, and paragraphs 43 to 47 of Schedule 5, to the Armed Forces Act 2021 (c. 35).
These footnotes provide legislative context, citing the principal Act (2016 c. 25) and detailing previous statutory instruments that modified the underlying section (71) or the Schedule 4 table concerning authorized authorities.
| Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. |
This note indicates that the provided version is the text as originally enacted, and it is not currently available in an updated or amended electronic format.
15th April 2026 Dan Jarvis Minister of State Home Office
The instrument was signed by Dan Jarvis, the Minister of State for the Home Office, on the date it was made, April 15, 2026.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend Schedule 4 to the Investigatory Powers Act 2016 (c. 25). Schedule 4 sets out the public authorities, other than local authorities, who may exercise powers under Part 3 of that Act to obtain communications data ('communications data' is defined in section 261(5) of that Act). It sets out the requirements for authorisations for obtaining communications data, including: the relevant statutory purposes, the types of communications data, the kinds of senior officer capable of providing an authorisation and the circumstances in which they can provide an authorisation.
Regulation 2(2) removes the relevant ambulance services in England and Northern Ireland from Schedule 4 so that they no longer have powers to obtain communications data.
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 the Regulations modify Schedule 4 of the 2016 Act, which lists public authorities authorized to obtain communications data for specific statutory purposes outlined in Part 3.
Specifically, Regulation 2(2) removes ambulance services in England and Northern Ireland from this list, eliminating their ability to use these powers.
It further notes that a full impact assessment was deemed unnecessary because no significant impact on the public or private sectors is anticipated.
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