Section 12Abolition or restriction of certain powers to obtain communications data

(1) Schedule 2 (which repeals certain information powers so far as they enable public authorities to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator) has effect.

(2) Any general information power which—

• (a)
  would (apart from this subsection) enable a public authority to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator, and
• (b)
  does not involve a court order or other judicial authorisation or warrant ^F1...,

is to be read as not enabling the public authority to secure such a disclosure.

(2A) [^F2 Subsection (2) is subject to section 352(1) of the Finance (No. 2) Act 2023 (no restriction on tax related powers) [^F3and subsection (2B)].]

(2B) [^F4 Subsection (2) does not apply to the exercise by a specified public authority, otherwise than in the course of a criminal investigation, of a general information power which is a regulatory or supervisory power.

(2C) For the purposes of subsection (2B), “criminal investigation” means an investigation of any criminal conduct, including—

• (a)
  an investigation of alleged or suspected criminal conduct, and
• (b)
  an investigation of whether criminal conduct has taken place.

(2D) For the purposes of subsection (2B), the exercise of a general information power which is a regulatory or supervisory power is treated as not being in the course of a criminal investigation if at the time of the exercise of the power the investigation is not being conducted with a view to seeking a criminal prosecution.]

(3) ^F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State may by regulations modify any enactment in consequence of subsection (2).

(5) In this section “general information power” means—

• (a)
  in relation to disclosure by a telecommunications operator, any power to obtain information or documents (however expressed) which—

  • (i)
    is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and
  • (ii)
    does not deal (whether alone or with other matters) specifically with telecommunications operators or any class of telecommunications operators, and
• (b)
  in relation to disclosure by a postal operator, any power to obtain information or documents (however expressed) which—

  • (i)
    is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and
  • (ii)
    does not deal (whether alone or with other matters) specifically with postal operators or any class of postal operators.

(5A) [^F6 In this section “specified public authority” means a public authority which is—

• (a)
  listed in Schedule 2A, or
• (b)
  listed in column 1 of the table in Schedule 4.

(5B) The Secretary of State or the Treasury may by regulations modify Schedule 2A by—

• (a)
  adding a public authority to, or
• (b)
  removing a public authority from,

the list in that Schedule.]

(6) In this section—

• [^F7“criminal conduct” means conduct which constitutes an offence under the law of any part of the United Kingdom,]
• “power” includes part of a power,
• [^F8“regulatory or supervisory power” means any power (however expressed) to obtain information or documents which—

  • (a)
    is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and
  • (b)
    is exercisable in connection with—

    • (i)
      the regulation of persons or activities,
    • (ii)
      the checking or monitoring of compliance with requirements, prohibitions or standards imposed by or under an enactment, or
    • (iii)
      the enforcement of any requirement or prohibition imposed by or under an enactment,]
• ^F9...

and references to powers include duties (and references to enabling and exercising are to be read as including references to requiring and performing).