Section 9 — Temporary Judicial Commissioners

After section 228 of the Investigatory Powers Act 2016 (but before the italic heading before section 229) insert— Temporary Judicial Commissioners 228A (1) The power in subsection (2) is exercisable where the Investigatory Powers Commissioner and the Secretary of State consider that— (a) as a result of exceptional circumstances, there is a shortage of persons able to carry out Judicial Commissioner functions, and (b) the power in subsection (2) needs to be exercised in order to deal with that shortage. (2) The Investigatory Powers Commissioner may appoint one or more persons to carry out Judicial Commissioner functions. (3) A person appointed under subsection (2) is referred to in this section as a “temporary Judicial Commissioner”. (4) A temporary Judicial Commissioner may be appointed under subsection (2) for one or more terms not exceeding six months each and not exceeding three years in total. (5) As soon as practicable after the appointment of any temporary Judicial Commissioner, the Investigatory Powers Commissioner must notify the following persons of the appointment— (a) the Prime Minister; (b) the Secretary of State; (c) the Scottish Ministers; (d) the Lord Chancellor; (e) the Lord Chief Justice of England and Wales; (f) the Lord President of the Court of Session; (g) the Lord Chief Justice of Northern Ireland. (6) A reference to a Judicial Commissioner in any enactment (including this Act) is to be read (so far as the context allows) as referring also to a temporary Judicial Commissioner. (7) But subsections (1) and (4) to (6) of section 227 and section 228(2) (appointment requirements etc) do not apply in relation to temporary Judicial Commissioners. (8) In this section “Judicial Commissioner functions” means the functions conferred on Judicial Commissioners by any enactment (including this Act).