Consultation on the Draft Code of Practice for the Investigat ion of Protected Electronic Information: Part III of the Regulation of I nvest igatory Powers Act 2000

[Watkin Simon]

> From: Peter Fairbrother [mailto:zenadsl6186@zen.co.uk]
> Sent: 07 June 2006 6:40 PM
> 
> Watkin Simon wrote:
> 
> > The closing date for the consultation is 30 August.
> 
> Supposing that the final CoP is laid before Parliament 30 days later, on
> ~30
> Sept, then we wait 40 days for it to take effect - is that Parliamentary
> days? Anyone know when it might come into effect?

By virtue of section 71(9) of RIPA, the order bringing the code of practice
into force cannot be made without an affirmative resolution of both Houses
of Parliament, in practice that means a debate in both the Lords and a
Standing Committee of the Commons. 

> The commencement order is different though, but I don't imagine it will be
> laid before the consultation ends. Does that also needs 40 days to become
> effective?

You imagine correctly.  Section 71(3): "before issuing a code of practice
... the Secretary of State shall ... prepare and publish a draft ... and
consider any representations".  Not much point giving a closing date for
representations and then ignoring that.

> If I assume that RIPA won't be put into force before December, would that
> be a safe asumption?

It would.

Simon Watkin
Home Office



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