Moved by
Lord Keen of Elie
138: Clause 210, page 167, line 21, at end insert—
“(3A) In addition to consulting the Secretary of State under subsection (3), the Judicial Commissioner must also consult the Scottish Ministers if it appears to the Commissioner that providing the advice or information might be prejudicial to—
(a) the prevention or detection of serious crime by a Scottish public authority, or
(b) the continued discharge of any devolved functions of a Scottish public authority whose activities include activities that are subject to review by the Investigatory Powers Commissioner.
(3B) In subsection (3A)—
“devolved function” means a function that does not relate to reserved matters (within the meaning of the Scotland Act 1998), and
“Scottish public authority” has the same meaning as in the Scotland Act 1998.”