Criminal Justice (Miscellaneous Provisions) Act 2023
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Amendment of Communications (Retention of Data) Act 2011 | ||
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78. The Communications (Retention of Data) Act 2011 is amended— | ||
(a) in section 1(1), in paragraph (d) of the definition of “superior officer”, by the substitution of “Commission” for “Authority” in each place where it occurs, | ||
(b) in section 3A(8), by the substitution of “Schedule 2” for “Schedule 2 data” in each place where it occurs, | ||
(c) in section 4(1), by the substitution of “retains or preserves” for “retains”, | ||
(d) in section 6— | ||
(i) in subsection (3)(a), by the substitution of “officer” for “member”, and | ||
(ii) in subsection (4)(a), by the substitution of “officer” for “member”, | ||
(e) in section 6B— | ||
(i) in subsection (9), by the substitution of “Subject to subsection (15), a superior officer” for “A superior officer”, | ||
(ii) in subsection (10)— | ||
(I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, | ||
(II) in paragraph (b), by the substitution of “issued, and” for “issued.”, and | ||
(III) by the insertion of the following paragraph after paragraph (b): | ||
“(c) be heard otherwise than in public.”, | ||
and | ||
(iii) in subsection (15)(b), by the substitution of “subsection (9)” for “subsection (10)”, | ||
(f) in section 6D— | ||
(i) in subsection (11), by the substitution of “Subject to subsection (17), a superior officer” for “A superior officer”, and | ||
(ii) in subsection (12)— | ||
(I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, | ||
(II) in paragraph (b), by the substitution of “issued, and” for “issued.”, and | ||
(III) by the insertion of the following paragraph after paragraph (b): | ||
“(c) be heard otherwise than in public.”, | ||
(g) in section 6E(5), by the substitution of “section and section 6F,” for “section,”, | ||
(h) in section 6F(1)— | ||
(i) by the substitution of “Commission” for “Authority”, and | ||
(ii) by the substitution of “disclose to the member or officer concerned Schedule 2 data, internet source data or cell site location data, as the case may be” for “disclose to the member Schedule 2 data or, as the case may be, internet source data”, | ||
(i) in section 7A(7), by the substitution of “officer” for “member”, | ||
(j) in section 7B— | ||
(i) in subsection (5)(b)— | ||
(I) by the substitution, in subparagraph (i), of “unavailable, or” for “unavailable,”, | ||
(II) by the substitution, in subparagraph (ii), of “impeded.” for “impeded, or”, and | ||
(III) by the deletion of subparagraph (iii), | ||
(ii) in subsection (15), by the substitution of “subsection (21)” for “subsection (18)”, and | ||
(iii) in subsection (16)— | ||
(I) by the substitution of “subsection (15)” for “subsection (21)”, | ||
(II) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, | ||
(III) in paragraph (b), by the substitution of “made, and” for “made.”, and | ||
(IV) by the insertion of the following paragraph after paragraph (b): | ||
“(c) be heard otherwise than in public.”, | ||
(k) in section 7D— | ||
(i) in subsection (5)(b)— | ||
(I) by the substitution, in subparagraph (i), of “unavailable, or” for “unavailable,”, | ||
(II) by the substitution, in subparagraph (ii), of “impeded.” for “impeded, or”, and | ||
(III) by the deletion of subparagraph (iii), | ||
and | ||
(ii) in subsection (16)— | ||
(I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, | ||
(II) in paragraph (b), by the substitution of “made, and” for “made.”, and | ||
(III) by the insertion of the following paragraph after paragraph (b): | ||
“(c) be heard otherwise than in public.”, | ||
(l) in section 9— | ||
(i) in subsection (1), by the substitution of “7C or 7D” for “7C(1) or 7D(1)”, | ||
(ii) in subsection (2), by the substitution of “7C or 7D” for “7C(2) or 7D(2)”, | ||
(iii) in subsection (3), by the substitution of “7C or 7D” for “7C(6) or 7D(6)”, | ||
(iv) in subsection (3A), by the substitution of “7C or 7D” for “7C(7) or 7D(7)”, and | ||
(v) in subsection (5)(c), by the substitution of “date on which the disclosure requirement was made” for “disclosure requirement”, | ||
(m) in section 10(10), by the substitution of “the requirement” for “the request”, | ||
(n) in section 12— | ||
(i) in subsection (2)(b), by the substitution of “requirement” for “request”, | ||
(ii) in subsection (3), by the substitution of “the requirement” for “the request”, and | ||
(iii) in subsection (4), by the substitution of “disclosure requirements” for “disclosure requests”, | ||
(o) in section 12A(1), by the substitution of “section” for “sections”, | ||
(p) in section 12F(2), by the substitution of the following paragraph for paragraph (c): | ||
“(c) the procedures for making a requirement under section 6 or 6F and for making an application under section 6A, 6B, 6C, 6D, 6E, 7A, 7B, 7C or 7D.”, | ||
(q) in section 12G(3)— | ||
(i) by the substitution of the following paragraph for paragraph (b): | ||
“(b) an authorisation issued under section 6B,”, | ||
and | ||
(ii) by the substitution of the following paragraph for paragraph (d): | ||
“(d) a temporary production order made under section 7D(3).”, | ||
(r) in section 12I— | ||
(i) by the substitution of “Commission” for “Authority”, and | ||
(ii) by the deletion of “6E(1),”, | ||
and | ||
(s) in section 12J(2), by the substitution of “section” for “sections”. |