Part 9: Miscellaneous and general provisions Chapter 2: General Schedule 10: Minor and consequential provision
Schedule 10 makes minor and consequential amendments to other enactments. The explanatory notes will provide an overview of these amendments, and will highlight the most significant, but will not explain every amendment in detail.
	Often pieces of legislation refer to other pieces of legislation. One of the things this Schedule does is make sure that these references work despite the other changes made by the Act. The Schedule also updates certain definitions, including some in RIPA, to refer to the definitions in the Act. For example, in RIPA, "postal service" is defined in relation to a section of that Act that is being repealed. As a consequence, paragraph 6(5) of this Schedule provides that in RIPA "postal service" is given the definition that is in this Act.
	The Schedule also provides that provisions in other legislation that refer to matters in RIPA will now apply to equivalent matters in the Act. For example, section 6(4) of the Justice and Security Act 2013 provides for courts seised of relevant civil proceedings to be able to make a declaration that the proceedings are such that an application for closed material proceedings may be made. A necessary precondition is that a party to the proceedings would be required to disclose sensitive material or would be required to disclose sensitive material were it not for certain prohibitions, including section 17 of RIPA. Paragraph 52 of the Schedule replaces the reference to section 17 of RIPA with the equivalent provision of the Act (section 56(1)). This means that the provision of the Justice and Security Act 2013 will continue to have the same effect, despite this Act replacing parts of RIPA.
	The Schedule makes a number of very similar amendments. There are a number of places in legislation where disclosure provisions (either provisions that allow information to be disclosed or provisions that require certain information to be provided) are limited with reference to Part 1 of RIPA. This means that the restrictions on disclosure (including in section 19 of RIPA) override provisions that otherwise allow disclosure to be made. This Schedule means that in such instances disclosure provisions will be restricted by Parts 1 to 7 and Chapter 1 of Part 9 of the Act. Such amendments are made by Paragraphs 7 and 8, 11 to 13, 15 to 27, 29 to 33 and 35 of this Schedule.
	Paragraphs 2 and 42 amend Schedules 2 and 3 of the Northern Ireland Act 1998. Those Schedules list the matters that are excepted and reserved, and consequently determine what matters have been devolved to the Northern Ireland Assembly. The amendments made in paragraphs 2 and 42 maintain the position before this Act, so that anything excepted or reserved continues to be excepted or reserved. A similar amendment is made to the Scotland Act 1998 by paragraph 41.
	Paragraph 6A of the Crime and Courts Act 2013 provides that an NCA officer requires the consent of the Chief Constable of the Police Service of Northern Ireland before that officer can carry out certain investigatory activity in Northern Ireland. The amendment made by paragraph 70 of this Schedule means that consent will be required before an NCA officer interferes with equipment that is known to be in Northern Ireland.
	Part 5 of the Schedule makes a number of amendments in consequence of the IPC and the Judicial Commissioners replacing the Intelligence Services Commissioner, Interception of Communications Commissioner and Surveillance Commissioners. This is in addition to the amendments made by Section 233 and provides that the Judicial Commissioners will have the same powers and functions as the Commissioners that they are replacing. For example, the Protection of Freedoms Act 2012 includes a duty to consult the Chief Surveillance Commissioner when preparing a code of practice under section 28. This is amended so that it will be necessary to consult the IPC instead. In some places, rules regarding the existing Commissioners have been omitted because they replicate matters dealt with in the Act. For example, section 40 of RIPA concerns information that must be provided to the Surveillance Commissioners. This is no longer necessary as the duty to provide information to the Judicial Commissioners (see section 235) will apply.