The Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025
These regulations bring into force new and revised codes of practice under the Investigatory Powers Act 2016, clarifying procedures for bulk data access and communications interception.
They define "relevant change" regarding operator-system alterations requiring notification, specify review periods for notices, and amend the 2018 regulations governing the Technical Advisory Board, adjusting its membership and quorum requirements.
Arguments For
Improved clarity and guidance: The updated codes of practice provide clearer guidance on investigatory powers, reducing ambiguity and potential for misuse.
Enhanced oversight and accountability: The changes to review periods and the Technical Advisory Board strengthen oversight mechanisms and ensure greater accountability in the use of investigatory powers.
Alignment with legal changes: The regulations reflect and implement changes made by the Investigatory Powers (Amendment) Act 2024, ensuring consistency in legislation.
Strengthened data protection: The revised codes and definitions aim to improve data protection by clarifying the circumstances under which data can be accessed and used.
Increased efficiency in review process: Defined review periods streamline processes for reviewing notices, reducing delays and improving efficiency.
Arguments Against
Potential for increased burden on operators: The definition of 'relevant change' may increase the administrative burden on telecommunications operators.
Unintended consequences from amended regulations: The changes to the Technical Advisory Board's composition and quorum could have unintended consequences on its effectiveness.
Resource implications: Implementing the new codes and regulations may require additional resources for government agencies and operators.
Limited public involvement in code development: Although drafts were laid before Parliament, the degree of public and stakeholder input before finalization might be limited beyond parliamentary stages.
Potential for challenges to the legal interpretation: The interpretation of 'relevant change' and other terms may lead to legal challenges.
- Citation, commencement, extent and interpretation (1) These Regulations may be cited as the Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025. (2) These Regulations come into force on the day after the day on which they are made. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland. (4) In these Regulations, “the Act” means the Investigatory Powers Act 2016.
This section details the title, effective date, geographical reach, and definition of 'the Act' (Investigatory Powers Act 2016) used throughout the regulations.
The regulations' citation allows for easy reference; the commencement date dictates when they become legally binding; the extent indicates their application across the UK; and the definition clarifies the meaning of "the Act" for consistency.
- Codes of practice The following codes of practice laid before Parliament on 31st March 2025 come into force on the day on which these Regulations come into force— (a) the new codes entitled— (i) “Bulk Personal Datasets: Low or no reasonable expectation of privacy”; (ii) “Notices Regime”; (iii) “Third Party Bulk Personal Datasets”. (b) the revised codes entitled— (i) “Bulk Acquisition of Communications Data”; (ii) “Bulk Personal Datasets”; (iii) “Communications Data”; (iv) “Equipment Interference”; (v) “Interception of Communications”.
This section lists new and revised codes of practice that become effective simultaneously with these regulations.
The codes address various aspects of investigatory powers, including bulk data acquisition, communication interception, and handling of data with varying privacy expectations.
These updated codes provide operating guidelines for the powers detailed within the Investigatory Powers Act of 2016.
- Relevant change (1) Subject to paragraph (4), a “relevant change” for the purposes of section 258A(2)(b) of the Act means a change (to a service or system within section 258A(3) of the Act) that, if implemented, would have a material effect on the capability of the relevant operator to provide any assistance which the relevant operator may be required to provide in relation to any warrant, authorisation or notice issued or given under the Act. (2) A relevant change (where it has such an effect) includes— (a) a change to a data retention period by the relevant operator; (b) a change in the relevant operator’s ability to lawfully provide communications data; (c) a change in the relevant operator’s ability to lawfully provide the content of communications; (d) the decommissioning of a service or system. (3) The matters which are relevant as to whether a change would have the effect referred to in paragraph (1) include— (a) the current or expected number of warrants, authorisations or requests issued to the relevant operator; (b) the operational importance of the data provided under sub-paragraph (a); (c) the types of service the relevant operator provides; (d) the customer base of the relevant operator; (e) the market share of the relevant operator. (4) A change is not a relevant change if it— (a) is made by a relevant operator who does not provide, and does not intend to provide, a telecommunications or postal service to more than 10,000 persons, or (b) fixes a defect in installed software and leaves the intended functionality of the software unchanged.
This section defines "relevant change" within the context of section 258A of the Investigatory Powers Act 2016.
It details circumstances where changes to service or systems by operators impacted by the Act must be reported, focusing on changes materially affecting law enforcement access.
Key factors considered include data retention, lawful data provision, service type, customer size, and market share.
Exceptions are made for small operators and minor software bug fixes.
- Amendment of the Investigatory Powers (Review of Notices and Technical Advisory Board) Regulations 2018 The Investigatory Powers (Review of Notices and Technical Advisory Board) Regulations 2018 are amended in accordance with regulations 5 to 7.
This section indicates the amendment of the 2018 Investigatory Powers Regulations according to the subsequent sections (5 to 7) of this document.
It signals a series of changes aimed at updating regulatory procedures already in place.
- New regulations 2A (review period) and 2B (relevant period) After regulation 2, insert— 2A. Review period (1) For the purposes of sections 90(5) and 257(4) of the Act, the “review period” is a period of 180 days beginning with the day on which the notice is referred to the Secretary of State for review. (2) The review period in paragraph (1) may be extended for any period of time with the agreement of the Secretary of State, a Judicial Commissioner and the person to whom the notice was given. (3) Subsequent extensions to the review period may be agreed in accordance with paragraph (2). 2B. Relevant period (1) For the purposes of sections 90(10) and 257(9) of the Act, the “relevant period” is a period of 30 days beginning with the day on which the Judicial Commissioner and the Technical Advisory Board report their conclusions to the Secretary of State under sections 90(9)(b) or 257(8)(b) of the Act. (2) If the Judicial Commissioner and the Technical Advisory Board report their conclusions to the Secretary of State on different days, the relevant period begins with whichever day is the later one. (3) The relevant period may be extended by the Secretary of State in exceptional circumstances, provided that the period as extended does not end after the review period under regulation 2A (including any extension to the review period). (4) The Secretary of State must notify in writing the Judicial Commissioner and the person to whom the notice was given of the duration of the extension.
Two new regulations are inserted, specifying timeframes for reviewing notices.
Regulation 2A establishes a 180-day "review period," extendable by agreement; Regulation 2B defines a 30-day "relevant period" following reports from the Judicial Commissioner and Technical Advisory Board, also allowing for extensions under exceptional circumstances, but ending no later than the review period.
- Amendment to regulation 3 (membership of the Technical Advisory Board) In regulation 3— (a) in paragraph (1), omit “but no more than 15 members”; (b) in paragraphs (2) and (4), for “Six members (and no more than six members)” substitute “At least six members”. (c) after paragraph (7), insert— (8) So far as is reasonably practicable, the Technical Advisory Board must consist of an equal number of members to whom paragraph (2) applies and members to whom paragraph (4) applies.
This section amends regulation 3 of the 2018 regulations, concerning the Technical Advisory Board's membership.
The maximum membership limit is removed, while a minimum of six members is maintained.
A new paragraph is added to ensure a balanced representation of different member types to maintain equality.
- Substitution of regulation 4 (quorum) For regulation 4, substitute—
- Quorum (1) The quorum for any Technical Advisory Board is to be seven members of whom— (a) three are members to whom regulation 3(2) applies, (b) three are members to whom regulation 3(4) applies, and (c) one is a member to whom regulation 3(6) applies. (2) Where there are more than seven members, the Technical Advisory Board must comprise— (a) an equal number of— (i) members to whom regulation 3(2) applies, and (ii) members to whom regulation 3(4) applies, and (b) at least one member, but no more than three members, to whom regulation 3(6) applies. (3) This regulation applies to any meeting of the Technical Advisory Board constituted for the purposes of carrying out functions under sections 90 or 257 of the Act.
Regulation 4 of the 2018 regulations is replaced.
This specifies a quorum of seven members for the Technical Advisory Board meetings, maintaining balance across member types.
If there are more than seven members the composition continues to be proportionally balanced.