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<p>The appointment of the Investigatory Powers Commissioner is subject to a statutory
process set out in section 227 of the Investigatory Powers Act 2016. The Prime Minister
must appoint a person who holds or has held high judicial office, and the candidate
must be recommended jointly by the Lord Chancellor, (b) the Lord Chief Justice of
England and Wales, (c) the Lord President of the Court of Session, and (d) the Lord
Chief Justice of Northern Ireland.</p><p>Section 227(5) of the Act provides that the
Prime Minster must consult with Scottish Ministers before making the appointment.
In 2017, the Prime Minister wrote to the Cabinet Secretary for Justice within the
Scottish Government about the proposed appointment of the first Commissioner.</p>
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